My Lords, Amendments 92 and 97 are in the name of my noble friend Lord Grantchester and Amendment 96 is in my name.
Amendment 92 raises an important question about the role of the Secretary of State in overseeing the total stocks that can be fished by UK fishing boats in a calendar year. It addresses what happens if the combined policies of the joint fisheries authorities and the fisheries management plans add up to a greater allowable catch than science tells us is sustainable for UK waters. Somebody needs to keep an overview of the overarching picture and, in the absence of another competent authority, we argue that this role should fall to the Secretary of State. Hence our amendment requires that the Secretary of State “must”, rather than “may”, determine annually the maximum quantity of fish to be caught and the maximum number of days at sea. This determination should lie at the heart of our commitment to deliver the objectives set out in Clause 1.
We also have some sympathy with the amendment in the name of the noble Baroness, Lady McIntosh, which explores why the determination is limited to our international obligations, rather than applying to all UK fishing agreements. It would also be helpful to have some clarity on the existing wording. For example, do our international obligations cover the general sustainability commitments in UNCLOS? What happens if we fail to reach an agreement with the EU? Would that mean that there would be no obligation to make an annual determination? I hope the Minister is able to shed some light on these issues.
Amendment 96 requires the devolved Administrations to be consulted on this determination. It is a probing amendment to check whether the consultation provisions in Clause 24 apply also to this clause. I assume that this is the case, but it would be good to have this on the record. The amendments in the names of the noble Lord, Lord Lansley, and the noble Duke, the Duke of Montrose, go further and extend the categories of those who would be consulted to a wider group of interested parties, and I think these proposals also have merit. However, it is vital that any determination made under this clause is subject to the best scientific evidence, and the amendment in the name of the noble Baroness, Lady Worthington, makes this absolutely clear. This is a matter we have spoken about before and we reinforce our support for it again.
Finally, our amendment builds in a process for proper parliamentary scrutiny of the Secretary of State’s determination by insisting that it should be subject to affirmative approval. A number of noble Lords are on the same page here. We want to ensure
that UK fishing does not exceed the best scientific evidence but that the Secretary of State plays a role in overseeing this responsibility, and we want all appropriate stakeholders, including Parliament, to be consulted. I hope noble Lords will see the sense of this and will support these amendments. I beg to move.