Fisheries Bill [Lords]

I should say that the amendment in the name of Ian Blackford and others has been selected.

I beg to move, That the Bill be now read a Second time.

Fishing is at the heart of coastal communities the length and breadth of the United Kingdom, from the Shetland Islands all the way down to Cornwall and some of the communities that I represent. Across the UK, the seafood sector employs about 33,000 people in often dangerous work, and I would like to take this opportunity to pay tribute to all our fishermen, who risk the perils of the sea to bring fish to our tables, and, in particular, to remember the six fishermen who sadly lost their lives last year.

Of course, the industry has also been hit hard by the impact of the coronavirus on the export of fish, but once again, our resilient fishing communities have shown real ingenuity by finding new ways to sell fresh fish direct to our doors. However, the common fisheries policy has long been seen by these coastal communities as a policy that symbolised the unfairness of our EU membership and the failure of EU policy. It has granted uncontrolled access to UK waters for EU vessels. It has given the European Commission the legal right to trade UK fishing interests during international negotiations with our neighbours such as Norway and the Faroes, and the principle of relative stability has set in stone an anachronistic methodology for sharing quota dating back to the 1970s, which is profoundly unfair to the UK fleet and does not reflect the quantity of fish found in British waters.

For example, under relative stability, we receive just 10% of the overall quota for Celtic sea haddock, but our zonal attachment analysis suggests that our share should be around 50%. Overall, the UK fishing industry currently has access to just around half of the fishing opportunities that are in our waters, and that cannot be right. The CFP has also failed our marine environment. The misallocation of fishing opportunities combined with ill-conceived technical measures and a cumbersome decision-making process that is slow to correct errors, have all taken their toll on the health of our marine environment and the resources in our waters.

As we leave the European Union, we have the opportunity for the first time in almost half a century to correct these shortcomings. The Bill before the House today gives the UK the powers that it needs to chart a new course as an independent coastal state. It gives us the powers we need to implement the approach that we outlined in our fisheries White Paper published in 2018. The Bill sets out in statute the environmental and scientific principles and objectives that will inform future policy. It creates a legal requirement for a joint fisheries statement across the UK Administrations relating to those objectives, and it creates a legal requirement for the preparation of a series of fisheries management plans to ensure that continuous progress towards our objectives is secured.

The Bill also gives us the power to control access by individual foreign vessels to our exclusive economic zone. This includes the power to stipulate, through a vessel licence, where in our EEZ a vessel may fish, when it may fish there, what fish it may catch while there and what type of fishing gear it may or may not use. The ability to control and manage access to our waters will be crucial to ensuring that a fairer sharing arrangement prevails in future.

Like many right hon. and hon. Members, I suspect, I have received emails from campaigners calling for a ban on supertrawlers in UK countries’ fisheries’ waters. My understanding is that there is no UK-registered super-trawler. I suppose that many citizens will be perplexed as to why there is no mention of this in the Bill. Is it not the reality that these provisions will be made in future trade deals rather than in legislation coming from this House?

The hon. Gentleman is wrong in that the Bill does provide the powers for us to exclude all these trawlers through the licence conditions that we have, and that is not affected at all by any trade deals. The reason the super-trawlers are there at the moment is that they are allowed to be under EU law. Some of them are registered in countries such as, for instance, Lithuania. Under EU law, they are allowed to fish in our waters and there is nothing we can do about it. If the House passes this Bill, we will be able to exclude those vessels if that is our choice.

The Bill also gives us the power to modify and introduce technical conservation measures relating to matters such as the type of fishing gear that can be used and other requirements relating to equipment or area-based restrictions that help to conserve our marine environment and preserve stocks.

The Minister talks about the welfare of fishermen. Apostleship of the Sea tells me that the industry after Brexit will be just as reliant, perhaps even more reliant, on non-European Economic Area nationals. They enter this country, or this industry, under a very opaque system that almost pretends they are not there. As a result, they have no rights and are often abused in the workplace. After Brexit, can we ensure that we work with the fishing industry and other regulatory mechanisms to ensure that these people are properly cared for and we have a robust visa system?

My right hon. Friend makes an important point. He is right that there is, in some sections of the fleet, quite a reliance on non-EEA crews. This issue has been raised. Of course, as we leave the European Union, we will also have an independent immigration policy. The issue that he addresses is very much one for the Home Office and for future immigration policy. But of course, as an independent country, we are free to make changes that we deem necessary or appropriate.

I know that there will be a great deal of interest in the House in the ongoing negotiations with the European Union and whether a future partnership agreement will include a fisheries partnership agreement. However, I would say to hon. Members that it is very important today to focus on the contents of this Bill. The powers in this Bill will be needed whether or not there is a further negotiated outcome on a future partnership with the European Union. The Bill does not prescribe a particular outcome but gives us the powers that are needed irrespective of that outcome.

I turn now to some of the specific clauses. The objectives set out in clause 1 range from the ecosystems objective and the scientific evidence objective to the newly introduced climate change objective, putting sustainability at the heart of a new framework for managing our fisheries. As we become an independent coastal state, we are taking back control of fisheries in the UK’s exclusive economic zone and leaving behind the outdated common fisheries policy, so clauses 12 to 19 end the automatic access to UK waters for EU vessels. As I said earlier, there has long been an historic injustice in the sharing arrangements set in stone under relative stability. However, the CFP has also previously prevented us from extending certain technical conservation measures required of our own vessels to EU vessels accessing our waters. Schedule 2 extends to foreign vessels for the first time the technical statutory instruments that protect, for instance, undersized or vulnerable stocks.

Does my right hon. Friend accept that using our own landing obligation will stop fishermen having to basically tie up because of the silly CFP by-catch rule?

My hon. Friend is a long-time expert in fisheries policy, with direct experience of all the difficulties and shortcomings of the CFP, and she makes an important point. We have a particular problem, due to the unfair sharing arrangements under relative stability, of what is called choke species affecting our fleet, where there simply is not enough quota for fishermen to even be able to land their by-catch. As she says, the lack of quota for choke species causes a risk that the fleet has to tie up because they simply do not have the quota available to them. We set out in our White Paper a fairer sharing arrangement, so that there will be fewer choke species, but also an approach to managing discards that will enable us to charge a disincentive charge on fishermen who land out-of-quota stock, rather than force them to discard it at sea in a very wasteful way—so we remove the incentive to target vulnerable species but give fishermen left in a difficult position an option that they can exercise.

Will the Bill allow us to give grant aid to fishermen to have more selective fishing tackle, to enable them to not catch the choke species that cause these problems?

My right hon. Friend makes a very important point. I know that he was involved in crafting some of these measures during his time in DEFRA, and I can confirm that those measures remain in place. We have powers in the Bill to make grant payments to fishermen, in particular to support them in fishing in a more sustainable way and investing in the gear that enables them to do that. I was about to come on to that point.

As we plan for our future, we need to recognise the immense value of fishing to our local communities, and we want to ensure that our own industry is able to benefit from the new opportunities that will arise. The powers in clause 35 mean that we can set up new funding schemes and grants to support the development of port infrastructure, the development of our fishing industry and its capacity to manage an increased catch and to manage those sustainability issues.

It is, of course, important that we look to the future. Some 95% of the Welsh fishing fleet is under 10 metres in size, and it is essential that, with this Bill, we ensure that they, too, can gain an advantage from this. Will the Secretary of State consider the potential of the quota reserve in enabling that small fleet to go after different species and thus ensure diversity and a more prosperous economic future for Welsh coastal communities?

The right hon. Lady raises an important point. We have, over the past five years, significantly increased the amount of quota in the inshore pool managed by the Marine Management Organisation to give increased fishing opportunities to the under-10 metre fleet, but we want to go further. Indeed, the White Paper sets out our approach to doing that. In the short-term, we will not depart from the fixed-quota-allocations sharing mechanism that we have with vessels, but any new quota that comes as we depart from relative stability will be allocated in a different way. We have said that it is our intention to use some of that increased inward quota to increase opportunities for the inshore fleet.

The fisheries management plans in clauses 6 to 9 will provide a comprehensive framework to manage stocks in a way that respects the devolution settlements and improves accountability. The Bill also sets out, in clause 45, the extension of competence for Senedd Cymru in relation to fisheries to the Welsh offshore zone. That will allow Welsh Ministers to manage the full extent of Welsh waters in future.

My officials have been working closely with all the devolved Administrations. Their collaboration on the Bill has improved it. In fact, on fisheries, the Department for Environment, Food and Rural Affairs has always worked closely with the devolved Administrations. Each December, the UK delegation, in annual fisheries negotiations, is supported by Ministers from all the devolved Administrations. Ministers may come from different political parties, but we all work together to secure the best outcome for the UK fleet. I welcome the fact that the Administrations in Scotland, Wales and Northern Ireland have all indicated that they are happy with the Bill.

I turn now to some of the issues debated in the other place and the amendments that were made there. Our view is that we must avoid the pitfalls of the cumbersome common fisheries policy. That is why, in Committee, the Government will be seeking to remove overly prescriptive amendments to the Bill made in the other place. Although they were well intentioned, they risk becoming counterproductive in practice. We must maintain the flexibility required to develop domestic policy tailored to the needs of the United Kingdom without creating complexity or uncertainty. We owe it to our fishermen and coastal communities to help them to benefit further from the fish caught and landed in UK waters as we take back control. We will therefore seek to overturn clause 18, which is unnecessary in the light of the national benefit objective already set out in clause 1 and which reduces the flexibility we currently have in using licence conditions to implement an economic link. The fisheries White Paper made clear that we will be reviewing the economic link conditions in England. The Government are committed to doing so.

On that particular point, the Minister is quite right in that what has motivated local communities so much for Brexit is the need for them to gain benefit from that. The economic link is vital for that. Can he perhaps set out when the Government will complete their review of the economic link?

My hon. Friend makes a good point. As with all the work we are doing, this work is under way and we will be consulting the industry on it. I am not in a position today to give him an actual date for the completion of that work, but I can assure him—I know he has been a long-time campaigner on this issue—that we take this issue very seriously. We do want to strengthen the economic link. That is likely to include requirements on vessels to land more of their catch in UK ports. However, we have to proceed with some caution because the right economic link will vary depending on the species of fish. It is important that we do not inadvertently deny fishermen the ability to sell their fish at the best possible price by requiring them to land everything in the UK. That is why some balance has to be struck.

We will seek to remove clause 27 because a proportion of quotas is already guaranteed to the under-10 metre fleet and neither will the drafting of the clause address the need to attract new entrants. We will also be seeking to overturn clause 48, which is unnecessary and too prescriptive. We already have powers to increase the use of remote electronic monitoring, which we will be able to do once we have a greater understanding of how it would be deployed.

The Minister referred to the viability of the under-10 metre fleet, which is very important to us in Northern Ireland. Just last week, the Northern Ireland Fish Producers Organisation gifted an extra quota to the under-10 metre fleet to enable it, with the help of Department of Agriculture, Environment and Rural Affairs in Northern Ireland, to continue to be viable. As the Minister rightly says, it takes all the devolved Administrations, across the whole United Kingdom, to work together on behalf of those fleets, which is why the way in which this is managed locally is so important.

The hon. Gentleman makes an important point. I know that fishing in Northern Ireland is particularly important to some communities, particularly when it comes to nephrops, and he is right that it has been a long-standing practice that producer organisations with unutilised quota will often gift some of it to the under-10s so that they have access to more fishing opportunities. In the longer term, it is important that we have a better framework to ensure that inshore vessels do not necessarily have to wait for a gift of quota, but have access to a fairer share of the quota in the first place.

We will also be seeking to overturn an amendment made to clause 1 that would seek to create a hierarchy in the objectives. We think this is unnecessary and unhelpful. Environmental objectives have already been given a degree of priority through the requirement for fisheries management plans, which is how we have addressed that issue.

In conclusion, I have always been clear that the UK will continue to be a world leader in promoting sustainable fisheries, so that we stop hammering vulnerable stocks and think about the longer-term future of our marine environment. We must follow the science, and I would like to take this opportunity to pay tribute to our fisheries science agency, CEFAS––the Centre for Environment, Fisheries and Aquaculture Science—which is home to some of the world’s most talented marine scientists. There are wonders swimming around our shores—some 8,500 different species. As an island nation, the UK can show the world that a better approach can deliver more balance, profitable fisheries and an enhanced marine environment. This Bill sets in stone our commitment to improve the health of our seas and gives fishermen the better future they deserve. This Fisheries Bill gives us the powers we need to do all these things as an independent coastal state for the first time in decades, and I commend it to the House.

Before I call Luke Pollard, I want to indicate that a six-minute limit will be put on all non-Front-Bench contributions from the very beginning, and it is likely to be reduced further.