My Lords, I hope that this will be a fairly brief discussion. Amendment 76 has been tabled to seek clarification about the circumstances in which foreign fishing boats might legitimately enter UK waters without a licence. The kind of circumstances we had envisaged were during a storm, if there is an illness on board or when sailing through UK waters to reach a more distant fishing ground. This topic was raised at a meeting with the Minister last week and we were offered assurances by officials that appropriate international agreements and conventions would trump this Bill in the event of an emergency incident. I hope that the Minister will be able use this opportunity to clarify the conventions, how they would apply in these new circumstances, and the legal advice that he has received in relation to this matter.
We appreciate that the criminal offence set out in the Bill relates only to fishing in UK waters without a licence, rather than using UK waters for transit or an emergency landing. However, presumably it is not unusual for foreign vessels which are not licensed to enter UK waters to cast their nets as close to the EEZ boundary as possible. If a vessel were to be swept off course by changing weather, could that be construed by a patrol boat as unauthorised fishing?
I accept that these are hypotheticals, but there are potentially difficult times ahead for policing our waters. We need to recognise that while we will have robust enforcement in our waters, emotions can sometimes run high when it comes to perceived incursions. It is vital that there be a responsible approach which puts safety first, while ensuring that all foreign vessels understand the implications of the licensing regime we are proposing to introduce and do not flout them without recognising the consequences. I therefore beg to move the amendment.