My Lords, it is a great pleasure to follow the noble Baroness, Lady Jones, particularly when she is encouraging the Government to carry out their manifesto. I welcome the chance to examine this legislation so early in the parliamentary Session, as it will be a prime illustration of the Government’s approach to relationships with the devolved Administrations. Many of the powers that will now come back to the UK involve devolution.
On the repatriation of fishing, in October 2017 the Joint Ministerial Council reached an agreement that there would be a need for a legislative framework for regulation as we leave the EU’s common fisheries policy. Here we begin to see what that would mean. Can the Minister say when the final meeting of the Joint Ministerial Council that addressed the Bill took place, and how much agreement was achieved?
The tone of the Bill strikes me as incredibly optimistic in comparison with the norms of most of our legislation, but perhaps it is impossible for it to work otherwise. Many clauses call for consultation, and there is to be an appeal or dispute resolution process for the charges on discards—but, interestingly, not on the allocation of licences or on many other issues. As my noble and learned friend Lord Mackay emphasised, the presumption has to be that everyone will remain co-operative and ready to agree. If, however, they do not, we are in unknown territory.
From briefings that we have received from the industry, it appears that the new mechanism for regulating catches is much more acceptable than the old common fisheries policy concept of “relative stability”. This is a hopeful sign. However, the noble Lord, Lord Krebs, pointed out where the criteria that we are adopting fall short of what might be required for true sustainability.
The fact that in Clause 1(6) there is to be a requirement to record all catches, including bycatch, should—as was mentioned by my noble friend Lady Byford—give a far more comprehensive and acceptable record on which to base policies. Furthermore, it is supported by fishermen. I believe that we all recognise that in the fishing industry, when an edict comes down from on high—as currently happens—it is usually not something with which fishermen will meekly comply. The challenge for the new policy is whether it will trigger a change in the culture of some of the more belligerent elements in the industry, and whether there will be a sufficient number of responsible fishermen to set a new tone that will encourage others to comply.
My noble friend Lord Selkirk of Douglas reconfirmed the general idea proposed in regulation to reflect the pattern that has been developed in the Norwegian fishery over the last 20 years, and the noble Baroness, Lady Ritchie, mentioned that we should look for an improvement in what has been developed there. However, until we have a little more detail on implementation and monitoring, it is hard for us here to know how successful it will be in protecting vulnerable species.
One area where devolved rights seem to be a very contentious issue is quotas. A number of noble Lords who have spoken find, as I do, that the different elements in the Bill paint a very confusing picture. In Clause 2, the Bill very properly says that all must agree on policy in a joint fisheries statement. However, when we get to Clause 23 we see that it will be up to the Secretary of State to set out the quantity of fish that may be taken or the number of days that boats can be at sea. Having spent many days—like many earlier speakers—in your Lordships’ Energy and Environment Committee debating the uptake of the EU’s new discard policy, it would be interesting for me to get some indication from the Minister about what criteria the Government are thinking of using in this judgment.
In Clause 25 it is the national fisheries authorities who appear to be responsible for distributing fishing opportunities to fishing boats. I am grateful to my noble friend Lord Dunlop for explaining what will govern the distribution of quotas among the four Administrations. Does the Minister not think that it would be helpful for some reference to this mechanism to be mentioned in the Bill? Otherwise, we are left with very little indication.
How different national fisheries authorities should conduct their own distribution is, quite appropriately, not addressed in the Bill, but an exception is made when it states that the Secretary of State should have power of regulation over any sale of English catch quota. Can my noble friend the Minister indicate whether in England, or even in other authorities, sales to foreign vessels will be in the hands of the fisheries
authorities, or will it be merely an opportunity for individual fishermen to dispose of the catch as they wish?
It is welcome that one of the objectives of the Bill is to bring social and economic benefits to any part of the United Kingdom, but I think we can all agree that the real issue for our fishermen will be the deals that the Government make to secure a reasonable level of income for their industry.
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