Marine and Coastal Access Bill [Lords]

I have so much to get through. In any event, the amendment does not work. It undermines the offence provision in the Bill, confuses the level of knowledge that a fisherman would need for a prosecution to be brought, and would almost certainly constitute a breach of our common fisheries policy obligations. For all those reasons and more that I do not have time to explain, I urge the hon. Member for St. Ives to think carefully and withdraw the amendment. Amendments 28 and 29 were tabled by my right hon. Friend the Member for Scunthorpe (Mr. Morley), my predecessor and a great supporter of the Bill. Together, the amendments would significantly narrow the geographical area within which a defendant could claim the sea fisheries defence in clause 141(4). That would mean that the defence would not be available out to 6 nautical miles. It would also mean that the defence would not be available in those waters between 6 and 12 nautical miles where there are no historic fishing rights for vessels from other member states. However, the defence would continue to be available in most of our waters between 6 and 12 nautical miles, and in all waters beyond 12 nautical miles. The reason for including the sea fisheries defence in the Bill was to avoid breaching European law. The amendments are consistent with that purpose, and I am satisfied would not lead to a breach of European law. However, my concern is that they would complicate matters for fishermen and enforcement authorities without delivering any significant conservation benefits. They would also have an impact primarily on UK fishermen. However, throughout the passage of the Bill we have been clear that as a matter of principle we do not want to discriminate against the UK fleet. Doing so would still leave marine conservation zones vulnerable to the activities of foreign vessels. If my right hon. Friend's amendments were accepted, it would mean that the sea fisheries defence was available to fishermen in some areas, but not in others. The defence would always be available in relation to offshore waters beyond 12 nautical miles, but never available to inshore fishermen operating within 6 nautical miles of baselines around the coast. Between six and 12 nautical miles, the situation would be very confusing. Within those waters, fishermen would need to possess a detailed knowledge of the historic fishing rights enjoyed by all foreign vessels. For all those reasons, I do not think that the amendment is absolutely necessary, and when I come to the Government's amendments I shall explain why. My hon. Friend the Member for Great Grimsby tabled amendment 24 to make it clear that, where a fishermen is pursuing his or her trade in a reasonable way, they should not be guilty of an offence under byelaws made under clause 139 or under the general offence set out in clause 140. I assure my hon. Friend that the Bill already provides the effect that he wishes to see. Clause 141 provides that where a fisherman causes damage while fishing within the law and the damage could not reasonably have been avoided, he is entitled to the defence in that part of the clause. In fact, it is arguably a slightly broader defence. The Bill speaks of damage that could not reasonably have been avoided, whereas my hon. Friend's amendment would provide a defence only if the damage could not have been avoided at all—whatever the cost in time, money, or perhaps even safety. There are other reasons why I have issues with the amendment, but I hope that I can assure my hon. Friend that the Bill already contains the protections that he seeks. I turn now to sea fisheries defence and Government amendments 5 and 9. In the light of the very persuasive points that were made today and in Committee, I shall move amendments 5 and 9, which future-proof the Bill in anticipation of the reform of the CFP. The amendment to clause 141 would give a power to the Secretary of State to restrict or remove the sea fisheries defence in subsection (4). It is necessary to include that defence in the Bill at the current time in order to comply with European law, but I have considered the concerns that were raised in Committee. We are currently—right now—pursuing the greater integration of fisheries and environmental policies for the forthcoming round of common fisheries policy reform negotiations. As I said at the outset, the UK is leading the way. The future status of the defence is dependent on the outcome of discussions that are currently under way, but its purpose is to enable us to provide the protection that marine conservation zones need, in compliance with the common fisheries policy, so the associated amendment to clause 311 would ensure that the power was exercised by means of a statutory instrument, subject to an affirmative resolution. That is important, because removing the defence will mean amending primary legislation and, in effect, widening the scope of what is considered to be criminal activity. The amendment would give the order-making power to the Secretary of State, who has responsibility on behalf of the UK for negotiations on fisheries matters with partners in Europe. However, I know that the devolved Administrations have a keen interest in how and when the power would be used. Consequentially, it would be exercised only following early and close consultation with Scottish, Welsh and Northern Ireland Ministers. Appropriate arrangements would be agreed with the devolved Administrations and incorporated into a concordat that is being developed on how the separate Administrations will work together to deliver the nature conservation aims of the Bill. Many people have spoken about amendment 17, which relates to white herring fisheries. The amendment would remove from the Bill the repeal of the remaining sections of the White Herring Fisheries Act 1771. The hon. Member for St. Ives, who has added his name to the amendment, raised the issue in Committee on 7 July. I undertook to write, as he said, and I did so over the summer. My letter of 4 September confirmed the Government's view, which we still hold. Although I heard all the views expressed today and am not an unreasonable man, I still hold the view that the 1771 Act should be repealed. I recognise that some in the fishing industry, particularly those in Scotland, remain concerned about the potential impact of its repeal. Let me explain. Clause 229 repeals a number of old fisheries enactments, including the 1771 Act. The effect of the repeal in Scotland will be rather different from that in England, Wales and Northern Ireland, because in Scotland the repeal will have little effect, as the relevant rights are effectively covered by the Scottish Fisheries Act 1705. In England, Wales and Northern Ireland, the repeal will remove the remaining rights set out in the 1771 Act. Only fishermen who are employed in the white herring industry are entitled to the rights of free access to natural ports and harbours for curing fish, erecting tents and huts and drying nets. Repeal of the 1771 Act is appropriate because there is no longer any good reason why one group of fishermen should enjoy a benefit that no others have. The Act was designed to encourage the white herring fishery of the 18th century, and our view remains that that purpose, and the policy behind it, is no longer relevant. Let me add why we are repealing the Act, rather than simply leaving it. Hon. Members will agree that redundant legislation should not be left on the statute book to gather dust. The 2006 Davidson review looked at where outdated legislation could be scrapped, simplified or consolidated in line with the principles of better regulation. It identified 30 such fisheries-focused Acts and recommended that DEFRA should use this Bill to repeal out-of-date primary legislation and to consolidate much of the rest. In response to the review, it was decided not to undertake a wholesale review of fisheries Acts, but to identify those that should be repealed through the Bill. Nine such Acts were identified, of which six, and part of another, were put forward for repeal. I understand people's concerns about this matter, but those concerns do not apply to Scotland because of the 1705 Act. Indeed, they apply only to fishermen who are fishing for white herring. Finally, on Government amendments 13 and 14, I am grateful to my hon. Friend the Member for Reading, West (Martin Salter) for proposing a similar amendment in Committee. I was not able to accept it, because the wording did not quite achieve the end that he and I both desired, but I am pleased to bring it back now in a form that is fit for purpose. The amendments add section 22 of the Salmon and Freshwater Fisheries Act 1975 to the list of sections to be repealed. Quite simply, that section is obsolete—first, because it bans the sale of salmon and sea trout at the wrong times of year. The dates in section 22 originally mirrored the close seasons for salmon and sea trout, but, over time, the Environment Agency has used its powers to move those close seasons to more appropriate dates, and the two are now out of kilter. Secondly, section 22 is obsolete because its contribution to the Environment Agency's fight against poaching has been overtaken by powers under the Salmon Act 1986. I could go on, but this section is a classic example of out-of-date legislation that should be repealed. With those comments, which were slightly rushed, but comprehensive, I hope, I urge hon. Members to withdraw their amendments and accept the Government's amendments as good improvements to the Bill.