UK-French Trading Dispute

(Urgent Question): Brexit-induced exporting changes have resulted in an escalating trading dispute with France that, if not resolved, may result in British boats being banned from French ports and Scottish salmon removed from French menus. France may go further and cut—

Ask the question.

The hon. Lady has only to ask the basic urgent question; I will come back to her for a supplementary question after the Secretary of State has answered.

Excuse me, Madam Deputy Speaker; this is my first urgent question.

To ask the Secretary of State for Environment, Food and Rural Affairs, if he will make a statement on how the UK will work with French officials to mitigate a trading dispute.

The UK’s and the Crown dependencies’ approach throughout this year has been to implement the new access requirements of the trade and co-operation agreement in good faith and in a reasonable and evidence-based way, recognising some of the sensitivities and the importance of the arrangements for both parties. Since 31 December last year, the UK has issued licences to fish in our exclusive economic zone to 1,673 EU vessels, including 736 French vessels. One hundred and twenty-one vessels have been licensed to fish in the UK six-to-12-nautical-mile zone, of which 103 are French, and 18 of those vessels are under 12 metres. The UK has licensed 98% of the EU vessels that applied for access.

Constructive discussions continue with the Commission on a methodology for allowing vessels to be replaced; once that is finalised, more vessels will be licensed. Over the past two weeks, the Government have issued four further licences, after the Commission was able to provide new and additional evidence. We remain committed and willing to consider new information. Following the receipt of more information over the past couple of weeks, we have been able to issue more licences. As I have said repeatedly to the French and to the European Commission, our door remains ever open.

In that context, it was disappointing to see the comments from France yesterday. We believe they are disappointing, disproportionate and not what we would expect from a close ally and partner. The measures that are being threatened do not appear to be compatible with the trade and co-operation agreement or wider international law and, if they are carried through, will be met with an appropriate and calibrated response.

Yesterday, I spoke to Commissioner Sinkevičius regarding the comments that French officials had made. The UK stands by its commitments in the trade and co-operation agreement and, as I have said, has already granted 98% of licence applications from EU vessels to fish in our waters. All our decisions have been fully in line with that commitment. We support Jersey and Guernsey’s handling of the fisheries licensing decisions and have remained in close contact with them throughout. Their approach has also been entirely in line with the provisions of the trade and co-operation agreement.

I apologise again, Madam Deputy Speaker, for my over-enthusiastic start.

Brexit-induced exporting changes have, as we have heard, resulted in an escalating trading dispute with France that, if not resolved, may result in British boats being banned from French ports and Scottish salmon being removed from French menus. France may go further and cut electricity supplies to the Channel Islands and delay French customs checks on goods arriving from the UK, thereby further disrupting our economy.

I have to say that there is a considerable difference between the number of licences that the Secretary of State just mentioned and the number that the French claim have been issued. French officials claim that the process for obtaining a licence to fish in UK waters is too slow and laborious, while Lord Frost has said that these are only teething issues. France says that, under the Brexit agreement, 175 French fishing vessels have the right to fish between six and 12 nautical miles from the British coast, but that the UK has delivered only 100 licences. Paris also says that only 105 licences to fish off Jersey have been delivered, when French trawlermen have a right to 216.

Today, as we have heard, French authorities are to announce a sanction regime that will come into effect on 2 November. This follows news this morning of a Scottish trawler detained for fishing without a licence in French waters, according to France’s Sea Minister, Annick Girardin, who announced this overnight. Can the Secretary of State confirm what consular assistance the Government have been offering to the British fishing vessel crew currently arrested and detained by the French authorities? What support is his Department giving to the vessel and its owners?

In response to a topical question from the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), the Minister mentioned that the UK Government could not confirm whether an external waters licence was issued by the Marine Management Organisation. Why does it not appear on the list? It is too early to know what has happened. It appears that it may have been on the list. The Department for Environment, Food and Rural Affairs has had 12 hours to get to the bottom of this. We have a skipper of a Scottish scalloping vessel due in court in Le Havre this morning. It is simply not good enough that the Secretary of State does not have answers to those questions.

What assurances can the Secretary of State give the House that appropriate documents were in place for the vessel that has now been seized, such as whether the vessel was issued with a licence to fish in French waters by the MMO? If so, when? If other UK vessels encounter French authorities, what is his advice? What is the permitted time that French authorities are allowed to take to inspect seafood goods arriving from the UK via HGV? What advice would he offer to seafood exporters who are concerned about more stringent and additional checks the French are permitted to make? They have stated that they will, from 2 November, take longer to clear HGVs, while still keeping to permitted inspection rules, which could create significant delays.

It is important to note that, although the hon. Lady refers to this being a trade dispute over trading arrangements, what is actually happening is that the French are threatening to take a particular approach to trade, but linked to, as they see it, issues that they have over the issuing of fishing licences. I am afraid that we completely reject that caricature. The hon. Lady says that France has claimed that this has been too slow. That is not true. Indeed, the vast majority of those 1,700 or so vessels that we have already licensed received their licence on 31 December. The only vessels that did not have a licence immediately were those that struggled to marshal the data to support their application, but as soon as data has been provided, those vessels have been granted their access. As I said earlier, many of those vessels are indeed French vessels.

The hon. Lady mentioned the issue of the two vessels that have been initially detained. We understand that one of them may still be detained. She raised the issue about whether a licence had been issued. What I have been able to establish so far is that, in respect of that vessel, it was on the list that was provided by the MMO initially to the European Union. The European Union therefore did grant a licence. We are seeing some reports that, for some reason, it was subsequently withdrawn from the list. It is unclear at the moment why that might have been.

The hon. Lady asked why I have not been able to establish this morning in the course of events why that has not been the case. I can say that the relevant data for this is held by Marine Scotland. I have been asking my officials to get to the bottom of this issue. We have been told that Marine Scotland hopes to get back to us within the next hour or so. My officials will work very constructively with the Scottish Government and with their agencies, such as Marine Scotland, to understand what happened in the case of this particular vessel.

Given the escalation and “more forceful” language—I think that those are the words used—coming not from the French fishing industry, which we are kind of used to by now, but from the French Government, can my right hon. Friend confirm that the licensing process currently under dispute is entirely in line not just with the UK Fisheries Act 2020, but with the trade and co-operation agreement itself, which was signed by all sides? Can he also commit that this Government will not grant any further concession beyond that which is already granted to the French and other EU countries through the trade and co-operation agreement?

First, may I congratulate my hon. Friend on his new role as our fisheries envoy in the Government? I can think of no one better to be a champion for the interests of fishing. He raises a very important point, which is that everything we have done is entirely consistent with what was agreed in the trade and co-operation agreement. The reason that some vessels inevitably will not receive the licence that they might have had previously is that the trade and co-operation agreement is different from both the Granville Bay agreement that we had in respect of Jersey, and, of course, the previous provisions of the common fisheries policy, in that access is now determined by a reference period. There will be some vessels that might have had the right to access but that nevertheless never used that access during the reference period, and which will therefore—under the terms of the agreement, which all sides understood—no longer be entitled to access.

The threats and actions from France are completely wrong and unacceptable. There is a real need to ensure that everyone involved uses language to de-escalate the situation in order not to risk the lives of either British or French fishers in any clashes at sea, and to ensure that there is uninterrupted trade between the United Kingdom and France. It is really important to set that out.

It seems to me that the situation is a result of the Government, at some point along the way, losing control of some of the negotiations and positions that keep our fishers safe. Will the Secretary of State set out whether the crew are okay and what support is being given to them? Will he also set out clearly that we expect our British fishing boats to be able to fish legally, sustainably and uninterruptedly in French waters, as French boats can expect to fish legally, uninterruptedly and sustainably in British waters, as per the agreement that has been set out?

There is a real concern that the botched Brexit deal will lead to more clashes between UK and European fishers. Will the Secretary of State set out what steps he is taking to ensure that there are no further clashes and there is no risk of escalation? What steps is he taking to support our industry to ensure that this important trading period, in which UK seafood exports provide a huge part of the annual income for fishing businesses, is uninterrupted, because there is a risk that the situation could erode the confidence of European suppliers in buying from British companies?

May I further ask the Secretary of State whether—after having investigated whether the licence for this boat, having been granted by UK authorities, was subsequently removed from an MMO or Marine Scotland register—he will come back to the House to report on what has happened and what lessons can be learned to ensure that this does not happen again? I ask him sincerely to use his offices in Government to ensure that there are no voices that seek to escalate and churn up distrust between ourselves and our colleagues in Europe, because in the risk of escalation is the risk of lives being put at risk at sea, and we must ensure that everyone who goes to sea to catch fish is safe.

I welcome the tone with which the hon. Gentleman has approached the issue. He is absolutely right that it is important that we remain calm and try to de-escalate the situation. The UK Government, and the authorities in Jersey and Guernsey, have implemented the provisions of the trade and co-operation agreement. We have licensed many vessels. In the case of Jersey, for instance, although it has 65 of its own vessels in its waters, it will have granted access to its waters to well over 100 EU vessels; it has not been unreasonable.

The hon. Gentleman asks about the crew. This morning, I asked my officials to check on that point. We do not think that there are any issues with the crew. The vessel was asked to go into port in the usual way, as part of a routine inspection, so we do not think that there are any issues of that sort to be concerned about. He is also right that UK vessels, with their licence to fish in EU waters, should be allowed to do so uninterrupted. The UK will continue to implement and enforce things in good faith in our exclusive economic zone as well. We are not going to get into any sort of retaliatory tit for tat on this kind of thing. It is important that everybody remains calm.

On what the French have said they will do regarding borders, obviously France, as an EU member state, is bound by the official control regime. There will be a role for the European Commission to ensure that France does not break EU law in any approach that it takes. That is why our principal port of call is talking to the European Commission, which negotiates on behalf of France on these matters. We will also, of course, speak to French Ministers and officials.

Finally, I do not agree with the hon. Gentleman’s caricature—that is, that the situation has happened because we have lost control of a negotiation. The reason that we have these tensions is that what we secured in the trade and co-operation agreement means that there will be some EU vessels that previously had access that will not enjoy access in future. That is obviously causing a bit of tension; we do understand. Even though those vessels probably never accessed our waters and never took up the right that they had, it is an option that they would like to retain, but, put simply, that is not what the trade and co-operation agreement provided for. So it is by adhering, calmly but resolutely, to the terms that were agreed in the trade and co-operation agreement that we have some of these tensions.

I do find it extraordinary that the SNP seems to be racing to take the side of the French rather than standing up for British interests. The boat that has been detained is a Scottish-owned boat that operates out of Shoreham—the largest port for scallops, which is what this boat was involved with, in the country. It is a very important trade through the port of Shoreham that has always been done within the rules. My fishermen are more concerned about the infringement into our waters of French fishing boats that appeared not to be following the rules. Can the Secretary of State assure us that he will do everything he can to make sure that the fishing boat from Shoreham is properly looked after, and to make sure that there is proper enforcement action against infringements by French fishermen and women that are happening in our waters?

If fishermen in my hon. Friend’s constituency have some specific points around specific vessels that they would like to feed into me, I would be more than happy to refer that on to the MMO, which leads for enforcement of vessels in our waters. We have significantly increased our enforcement capacity with additional vessels and some aerial surveillance in order to be able to enforce activities in our waters properly. As I said, if there are particular instances that he is aware of, I would be happy to follow them up.

As the shadow Secretary of State said, the next few weeks will be absolutely critical for fish exporters in this country. If the French do what they are threatening—which is only, as I understand it, what is allowed by the trade and co-operation agreement—then they risk damaging the confidence and the reliability of supply from this country. The Secretary of State has given the number of licences that he has issued. He should also be aware that a number of those are for super-trawlers over 100 metres and fly-shooters, that he has given away access to non-quota species without limit, and that this is on top of a TCA that allowed access to the six to 12-mile limits, which is not what was promised. When he has given away so much already, why is he risking this over such a small number of small boats that we must always have known would struggle to get the data to justify the creation of track records?

I think what the right hon. Gentleman is saying, in a nutshell, is, “Shouldn’t we just roll over and accept these vessels even though they don’t qualify?” The position of the Government is that there were very clearly agreed terms in the trade and co-operation agreement. Any vessel that qualified has been granted access, and that includes many vessels—close to 1,700—in our exclusive economic zone. I do not agree that we should take an approach that says, “We should just let in these people for an easy life.” The reality is that these vessels did not have a track record in our waters. This is not just about data. We have been open to considering data. We have looked at the VALPENA chart data that has come from the European Commission. Because the French were struggling at one point to provide the data, the UK Government went into the commercial market and bought AIS—automatic identification system—data for some of the French vessels so that we could understand their applications better. The data is available, in many cases. We have sought to be as helpful as we can to assist the EU in providing that data, but if it is unable to do so, there comes a point when we must assume that it probably did not have access during the reference period.

I thank the Secretary of State for his actions. I urge him to hold fast and ensure that we and the French obey the rule of law. If the French Government—they are clearly doing this under Monsieur Macron’s need to get re-elected and to attack us as part of that—keep threatening us and, frankly, abusing their power, I do not understand why we cannot be gently encouraging our exporters to use non-French ports and to move our supply lines potentially to people who will not play politics with the economies of the European Union and the United Kingdom.

Obviously if the French did carry through that threat, individual businesses would make decisions about how best to get their goods to market. The important thing is that we very much hope they will not. We do not think it is consistent with the trade and co-operation agreement. It probably is not consistent with the official control regime under EU law. The official control regime exists to manage risks—it is a risk-based regime—and it is not there to be used for retaliation, as it is being described.