My Lords, this has been a very interesting debate. My instinct is to support this amendment wholeheartedly, because I am a great believer in environmental sustainability, but we must also look very carefully at sustainability, because in all our discussions sustainability has rested on the three pillars: economic, social and environmental. If we change our understanding of that, it will affect not only fisheries but also every other industry.
The noble Lord, Lord McConnell of Glenscorrodale, gave the game away completely when he said that it should be introduced to every other piece of legislation. I do not think that this House has given enough thought to that. If this amendment is accepted, it will become a precedent for the Agriculture Bill. That will mean that the son of the noble Lord, Lord Cameron of Dillington, will now be told that he cannot farm a certain crop because it is not environmentally sustainable in the way that people would like it maintained. It will mean foresters being told that they cannot cut down trees because it is environmentally unsustainable to cut down a tree when that will happen anyway through natural regeneration. There are huge complications that we have not considered if we alter the balance now, because this will go into legislation and become a very firm precedent for the future. That gives me great concern.
I strongly believe that the environment should be given priority, but it must be in a way that respects the other two legs of the sustainability stool. My noble and learned friend Lord Mackay of Clashfern said that, legally, this is almost impossible. We are in a real quandary here. I hope that, between now and Third Reading, the Minister and the noble Lord, Lord Krebs, can get together to achieve what I know they both want. We are all on common ground regarding where we want to get to, but the wording of this amendment will cause us problems.
The noble Lord, Lord McConnell of Glenscorrodale, also mentioned the effect on coastal areas. If suddenly a report said that fishing must stop in a certain area since environmental sustainability was the prime objective, the effect on that area socially and economically would be immense, and the Government would not be able to mitigate it in the way that they could as the Bill is presently worded.
Although I support the spirit of this amendment, I cannot support it in the way that it is worded. My noble friend Lord Lansley was right to highlight the
question of “fishing fleets must”, which is a wording that we are not used to in legislation. I do not see how that can be implemented. I look forward to what the Minister says and hope that we can reach a common position on this, rather than bringing into law something that we may all regret in a few months’ or years’ time.