Marine and Coastal Access Bill [HL]

My Lords, the effect of this amendment would be that any order made under the Bill designating an area as a marine conservation zone, in so far as the order includes provision to restrict exploitation of fisheries resources, should not take effect until it had been agreed that the restriction would apply to vessels from all member states of the European Union. As your Lordships will recall, we touched on this issue in Committee. Indeed, an amendment moved by the noble Duke, the Duke of Montrose, facilitated a debate on it, and it attracted interest from many parts of the Chamber. With regard to fishing resources beyond the six-mile limit, there is a requirement that things take place under the common fisheries policy. Therefore, any restriction or anything that interferes with or controls fishing in that area would require the agreement of the European Union before it could apply. However, the Minister indicated that of course it is possible for Ministers to put tighter restrictions on UK-registered vessels but not on other EU vessels which may well have long-standing, historic fishing rights within that area. That gives rise to the concern that it will lead to strong feelings of resentment among those who ply their trade in British fishing vessels, if they were to see their opportunities restricted where vessels from France, Spain, the Netherlands or Ireland were, in the very same waters, able to continue fishing. If the overall purposes of this Bill are to be effective, it is generally important that all those with an interest in the marine life of the nation are part of those who subscribe to what happens under the Bill. First, if an important sector of the marine community—namely, the fishing industry—feels alienated by what happens under the Bill it could go a long way to undermine its effect, not just in respect of marine conservation zones but more generally. Secondly, if we do not subject other European nations’ vessels to the same restrictions, any conservation benefit that might accrue through restrictions on UK vessels could readily be undone by the fact that non-UK registered vessels would be able to carry on with no such restrictions. Therefore, the conservation effect would be diluted. It is clear that the Government share these concerns, as has been said, but also that they have no way of ensuring that consent will be given or that other member states will subscribe to agreeing to these restrictions. In a letter to me on 23 March, the noble Lord, Lord Hunt of Kings Heath, stated: ""The UK Government cannot guarantee the agreement of other Member States to its proposals for restrictions beyond 6 nautical miles"." He went on to observe, quite fairly: ""Yet, the commitment in Europe under the Marine Strategy Framework Directive will influence the restriction of fishing where necessary and help ensure adequate levels of protection for a network of marine protected areas. Other Member States will therefore also need to provide adequate protection for their protected areas if they are to meet their legal obligations. So there will perhaps be a mutual interest in adopting a more supportive stance towards marine nature conservation in the future"." That is obviously a hope and an expectation; nevertheless, as the Minister himself said, there is no way in which there can be a guarantee. It would be very unfair to our fishing industry to subject it to restrictions that do not apply to other countries’ fishing vessels. The purpose of this amendment would almost be as a goad, as it were, to pressure the Government to ensure that they secure agreement, because that is in the interests of not only our fishermen but of conservation. I beg to move.