UK Parliament / Open data

Fisheries Bill [HL]

Proceeding contribution from Lord Gardiner of Kimble (Conservative) in the House of Lords on Tuesday, 11 February 2020. It occurred during Debate on bills on Fisheries Bill [HL].

My Lords, as we are an island nation, our seas are integral to our history, economy and culture, so it is a great privilege to open this debate. A rich diversity of fish and shellfish provides us with nutritious, valuable food and employment. I recognise at the outset the dangers of this harvest: seven lives were lost in 2019, and I pay tribute to the bravery of those at sea and their families.

Together with the Agriculture Bill and the Environment Bill, this Bill creates a strong and legally binding framework to deliver this Government’s ambition to leave the natural environment in a better state than we inherited it. It is crucial that we are successful. The Government’s vision is to build a sustainable fishing industry, with healthy seas and a fair deal for UK fishing interests. This Bill is a key step towards delivering that vision.

Fisheries management is complex and requires responsive, science-based policy-making. Data on fish stocks must be gathered and analysed. The safe levels of exploitation of those stocks must be considered, as well as the allocation of those resources and the granting of rights to use them. On top of this are technical rules on matters ranging from the use of types of fishing gear to minimum landing sizes of species—all required to allow the harvest of our fish while avoiding damage to stocks and the environment.

The European Union (Withdrawal) Act 2018 ensures that the existing legislative framework to manage our fisheries remains in place after the transition period. Along with earlier pieces of fisheries legislation, this Bill gives us the powers needed to manage our fisheries more effectively in future, ensuring that we can meet our international obligations under the United Nations Convention on the Law of the Sea—UNCLOS—and

the United Nations Fish Stocks Agreement—UNFSA—and become a global leader in fisheries management as befits our island nation.

The Bill’s objectives for sustainable fisheries management ensure a UK-wide framework to manage the fish that live in UK waters. We have worked closely with the devolved Administrations in developing this framework to ensure that our approach fully respects the devolution settlements, while recognising that we have a shared responsibility to protect our marine environment and to support a thriving industry across the UK. The Bill provides the powers to manage and support the recreational sea fishing community too, as well as the commercial sector.

First and foremost, this Bill confirms in law our commitment to environmentally, economically and socially sustainable fishing. Healthy fish stocks are the basis of a thriving and profitable fishing industry. We must therefore ensure that we apply science-based management approaches both to the benefit of the environment but also, crucially, to the long-term profitability of our fishing industry.

This Bill takes and reforms the EU’s sustainable fishing objectives and commits to a new, ambitious set of UK objectives, which are in the Bill. These include a climate change objective, to ensure that the impacts of the fishing industry on climate change are minimised while ensuring that fisheries management adapts to a changing climate; objectives to further the collection of scientific evidence across the Administrations and to take the precautionary approach to fisheries management in the absence of such evidence; and the national benefit objective, which seeks to ensure that a benefit to the UK is felt as a result of UK boats fishing stocks from UK waters—the first time such a requirement has been included in our legislation.

The Bill requires the Government and devolved Administrations to set out in a joint fisheries statement how we will together contribute to the achievement of the objectives. Our intention is for all policies that achieve the objectives to be included in the joint fisheries statement. There is, however, a provision in the Bill to allow the Secretary of State to set out reserved or non-devolved policy in a Secretary of State fisheries statement.

The Bill includes the requirement to produce fisheries management plans, alongside the devolved Administrations where appropriate, delivering on our manifesto commitment. These plans will set out on a stock-by-stock or fisheries basis our plans for achieving the sustainability of those stocks. The plans go further than we have gone before in relation to stocks, for which assessing sustainability is much harder. Many of these are valuable shellfish stocks. The plans commit us, in those circumstances where we do not have the scientific data to assess their health, to develop the scientific evidence base on which we will then be able to do so. The fisheries statements and the fisheries management plans will be legally binding.

The Bill also extends the powers of the Marine Management Organisation and the devolved Administrations to protect the marine environment, strengthening them so that they can be used to restore and enhance, as well as conserve, the marine environment.

Secondly, the Bill creates the powers that the UK needs to operate as an independent coastal state and fulfil our international obligations. From 2021, the UK will be an independent coastal state, able to control who can fish in our waters. We will be responsible for setting annual total allowable catches of fish species within our waters. For stocks that are shared with other coastal states such as the EU and Norway, we will negotiate to agree fishing quotas. Currently, the EU distributes quotas between its member states using a principle called relative stability, which provides a fixed percentage of quota based on fishing patterns from the 1970s. This gives an unfair share of quota to UK fishers, not reflective of what is found in UK waters, and so we will negotiate to move towards a fairer, more scientific method for the allocation of shared stocks.

The Bill will put in place the powers we need to operate as an independent coastal state by allowing us to set fishing opportunities and to determine which vessels may enter our waters. Any decisions about giving vessels from the EU and any other coastal states access to our waters will be a matter for negotiation. This Bill provides the framework to enable us to implement whatever is agreed internationally. For example, it ensures that should we negotiate access to our waters, vessels from other coastal states will have to hold a licence. This is equitable and ensures a level playing field between UK and foreign boats.

Enforcement in UK waters is a devolved matter, and each fisheries administration is responsible for control and enforcement in their waters. In England, the Marine Management Organisation has assessed, and continues to assess, the levels of enforcement capacity required for fisheries protection and the options for best delivering this. It is undertaking a significant increase in the number of personnel and surveillance assets relating to fisheries protection, with a sizeable increase in support, much of which is already in place. We are committed to continuing to work closely with our neighbours to ensure the sustainable management of shared fish stocks.

Thirdly, the Bill introduces powers to make reforms to our fishing industries across the Administrations, while respecting the devolution settlements. Many of the regulations that form the common fisheries policy will be retained as part of UK law, providing legal certainty to fishers at the end of the transition period. It is right that while the Bill gives us the powers to move away from this law, we make evidence-based changes.

The management of fisheries is devolved and this Bill respects that. Officials from the devolved Administrations have been closely involved in the development of the provisions in the Bill. I am pleased to say that the Bill reflects this joint working by legislating on behalf of the devolved Administrations in some areas, at their request. In most cases, the powers provided are equivalent to those provided for the Secretary of State in the Bill, within the devolved Administrations’ competence.

The dynamic nature of our fisheries, and the importance of keeping pace with scientific developments, mean that both the Government and the devolved

Administrations, at their requests, need powers to amend the highly technical regulations governing rules such as the size of fishing nets or the grading of fish, and to amend measures so that we can control aquatic animal disease.

Beyond this, the Bill creates new schemes to help fishing fleets thrive across the UK. These include broadening grant-making powers, creating powers for England and Wales to tender some of the additional quota received after we become an independent coastal state, and establishing a new scheme to help the fishing industry comply with the landing obligation in England.

The Bill also makes a technical correction to the Welsh devolution settlement by extending the competence of the National Assembly for Wales in relation to fisheries in the Welsh offshore zone, from 12 nautical miles to 30 nautical miles at its greatest extent. The Welsh Government previously devolved Executive responsibilities in this area.

These new powers for the four fisheries administrations ensure that the fishing industry across the UK can be supported appropriately. However, in some areas, it makes sense to continue having a common approach. The Bill creates common approaches where the Government and the devolved Administrations have agreed this is necessary—for example, a joint approach to managing the access of foreign vessels through licences given by the single issuing authority.

I am pleased to say that the Delegated Powers and Regulatory Reform Committee published an exceptional and highly positive report relating to the powers contained in the previous Bill. We await its report into this Bill with considerable interest. It should be noted that there are no additional delegated powers contained in this Bill, beyond the extension of some powers to the devolved Administrations, at their request. It is important that we are clear to your Lordships and the other place on precisely what these powers are about, why some of them are extremely technical and why it is important that we take advantage of them as we have more technological advances. Where we have legislated within devolved competence, we have sought legislative consent from the devolved legislatures. Our objective is to ensure that the fishing industry across the UK is supported and can thrive under the governance of the relevant fisheries administration.

The Bill puts sustainability at the front and centre of our future fisheries management policy. It sets us on a path to building a sustainable and profitable fishing industry, with healthy seas and a fair deal for UK fishing interests. Importantly, it respects and enhances the devolution settlements, giving the devolved legislatures more powers and responsibilities than they have ever had. It will allow us to control access to our waters by foreign fishing boats, and, for the first time in 45 years, to place equitable rules on them while they are in our waters.

A sustainable harvest of our waters is our objective. The objectives in the Bill make the direction of our future policy abundantly clear. The future of our fishing fleet is intrinsically bound up with the vitality of the marine ecosystem. There are noble Lords here who have considerable experiences of fisheries, some as former Fisheries Ministers. Seafaring and fishing

the seas have a very long history, and many in the fishing fleets feel that they have not been cared for. This is an opportunity for us all to ensure prosperity for this important British industry. I emphasise that this will be possible only if we are, above all, wise custodians.

I beg to move.

4.19 pm

Type
Proceeding contribution
Reference
801 cc2167-2171 
Session
2019-21
Chamber / Committee
House of Lords chamber
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