Draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019
Draft Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019
Draft Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
(Limited Text - Ministerial Extracts only)
Read Full debateThe Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
The Chair
Debate on each instrument can continue for up to an hour and a half. I remind the Committee that the debate should be confined to the instrument being considered.
The Minister for Agriculture, Fisheries and Food (Mr Robert Goodwill)
I beg to move,
That the Committee has considered the draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019.
The technical amendments made by the draft regulations, which were laid under the European Union (Withdrawal) Act 2018, will ensure that retained EU law provides effective and enforceable UK law, as well as continuity to businesses, while protecting the environment. No policy changes are being made to the effect of the retained EU law, and the regulations are not expected to change the way in which the fishing industry conducts its activities.
The draft regulations are complemented by the other fisheries statutory regulations that the Committee will consider today and by the Fisheries Bill, which will deliver our promise to take back control of our waters and decide who may fish in them and on what terms. They will create the powers to allow us to build a sustainable and profitable fishing industry over time.
The draft regulations will extend to, and apply to, the whole United Kingdom. Fisheries management in the UK is largely devolved in Scotland, Wales and Northern Ireland, so the regulations have been developed and drafted in close co-operation with the devolved Administrations, who have given their consent. This will ensure a common approach that respects the existing devolution settlements and maintains the existing system of fisheries management, providing certainty to the fishing sector and businesses.
The draft regulations will amend the majority of the retained EU legislation, including the basic regulation, which provides overarching principles for fisheries management; the control regulations, which contain rules on compliance, including inspection and enforcement; the sustainable management of external fishing fleets regulation, which will provide a framework for authorising UK vessels to operate outside UK waters and non-UK vessels to operate in UK waters; and the regulations on illegal, unregulated and unreported fishing, which will allow us to prevent, deter and eliminate illegal fishing activities—by prohibiting the import of fish from vessels or countries that fish illegally, for example.
The draft regulations were considered by the Secondary Legislation Scrutiny Committee, which reported them to the other place because of the public and political interest in fisheries. The Joint Committee on Statutory Instruments did not report them.
Because the draft regulations make only necessary technical amendments to retained EU law that already applies prior to exit day in the form of directly applicable EU law, a full impact assessment was not required. A 10-week consultation was conducted through the fisheries White Paper, which described future fisheries policy and the legislative approach taken by these statutory instruments. Meetings also took place with key stakeholders from the fisheries sector, the food industry and environmental non-government bodies, which broadly supported our approach. We also received several questions and comments from stakeholders, which we have addressed in explanatory memorandums available to parliamentarians and the public.
I commend the draft regulations to the Committee.
Luke Pollard
I am grateful for that intervention. It is good to see the former Fisheries Minister, the hon. Member for Camborne and Redruth, in his place, and good to know that the Government now need not only a Fisheries Minister but a former Fisheries Minister to rebut some of the Opposition’s scrutiny.
The concerns that we are raising sometimes relate to the implementation and drafting of the regulations. As the hon. Member for Camborne and Redruth will know from the statutory instrument Committee we sat on earlier today, the Minister himself acknowledged that there was a gremlin in that particular statutory instrument, which we flagged up. Our concern is about what other gremlins are in the statutory instruments we are considering today, and how they will affect future considerations.
Mr Goodwill
I appreciate that it is possible for oversights or mistakes to be made, but the gremlin that the hon. Gentleman describes was something that the EU had changed and that we had not quite caught up with. It was not something that was going to have a massive effect; it was just that there had been a change, which we will now reflect in future.
Luke Pollard
I am grateful to the Minister for making my point for me. The fact that mistakes have been made in that respect means that other mistakes could be made, which is why enhanced scrutiny is important in making sure that the regulations we are considering today—all 190 pages of them—are dealt with sufficiently robustly. These regulations affect one of our most important sectors, one that is especially important for those Members who represent coastal communities. As Business Green has noted,
“The pace at which draft legislation has been processed has been relentless…Parliamentary scrutiny has been creaking at the seams with MPs and peers often admitting they haven't had enough time to review the legislation thoroughly.”
I will now set out the Opposition’s concerns about these SIs, starting with the draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019. We have a number of concerns about how the powers provided for in section 8 of the European Union (Withdrawal) Act 2018 are being used. The drafting in a number of areas appears to be defective: it often fails to adequately correct the provisions of EU law, and makes a number of policy changes to the current provisions. Environmental organisations have got in touch with us to recommend that these common fisheries policy SIs be annulled and updated, because they fall short in a number of areas. I will take the Committee through the areas in which we believe the SIs, and this one in particular, are falling short.
These SIs risk creating a governance gap, placing responsibilities from EU bodies on to organisations that are yet to be created or sufficiently financed. They leave gaping holes in the area of enforcement, leaving fishers less safe and our waters less protected—a concern that the Opposition have raised about previous SIs. There is a risk that these SIs could degrade environmental standards, a point to which I will return when we consider electric pulse trawling. We have specific concerns about the Government’s ban on electric pulse trawling: it is a good example of a policy change hidden within these SIs, notwithstanding the Minister’s statement that there are normally no policy changes in such SIs.
I understand that the Minister will want us to hold our nose and vote these SIs through, because we are at risk of careering towards a no-deal Brexit. In the area of fisheries, unlike in other areas of Government scrutiny, the regulations are not necessarily in place if we do not pass these SIs, so we need to make sure we are using our time properly. However, given the extension from 29 March to 12 April, I suggest to the Minister that some provisions in these SIs should be looked at again and the instruments re-laid, so that they can be comprehensive and fulfil the role they are supposed to.
I am not trying to be difficult or fly a partisan flag, but the concerns about this SI were also highlighted last month by the Secondary Legislation Scrutiny Committee, on 6 February. Its report states:
“Given the significance of fisheries as a policy issue, the House may wish to explore further the approach the Government have taken with this instrument.”
We also reject these SIs being grouped together. That is one reason why we have asked for them to be taken individually, and why I will focus my remarks on each in turn.
I have mentioned the governance gap, which was raised by a number of stakeholders. That is a common theme that Ministers and Government Members will have heard about from the Opposition when responsibilities, especially oversight responsibilities, are being moved from EU bodies to UK bodies. Several provisions in the first common fisheries policy SI remove functions currently carried out by EU bodies, such as the European Commission, the Scientific, Technical and Economic Committee for Fisheries, the European Fisheries Control Agency and the Advisory Council, which are not replaced in this particular SI. The loss of monitoring, reporting and other governance requirements will seriously undermine the functioning and effectiveness of the law. I would be grateful if the Minister came back on that point when he gets to his feet.
Obligations to provide assessments from reports to the European Commission and the European Parliament have been removed, including the provision of data on stock quantities. Given the fact that we are leaving the European Union, that might not be an unreasonable assumption, but our concern is that no subsequent scrutiny functions are inserted. The oversight role that we are looking for is no longer there.
Mr Goodwill
The fundamental point that I need to make at the very outset is that this SI is a business-as-usual SI: nothing is changing. It is indeed the case that once the Fisheries Bill is on the statute book, there will be a lot of opportunities to change policy, but this SI maintains the current situation. Many of the concerns the hon. Member for Plymouth, Sutton and Devonport raised are possibly ones he might raise in the future when policy changes; indeed, they are ones he might wish to build into his party’s policies to ensure that these issues are addressed. However, this is a business-as-usual matter.
I also have to say, as a former Member of the European Parliament, that I was always struck by the lack of interest in Westminster in legislation that was being passed; indeed, when legislation did arrive in this building, the stable door had generally been well and truly shut after the horse had bolted, and it was generally a case of just rubber-stamping it. There was little engagement with the way legislation was being considered through the conciliation procedures and through the way the Parliament and the Council worked together. Yes, Ministers were engaged, and certainly British MEPs were engaged, but Parliament was pretty much out of the loop. Leaving the European Union will give us a chance to put Parliament back in the loop, and laws will be properly scrutinised as they are enacted.
The hon. Gentleman said that issues had been raised by non-governmental organisations and talked about bodies being funded. I have to say that, to a large extent, the enforcement, scrutiny and management of these schemes are already administered by the UK on behalf of the European Commission; we do not have an army of European Union fisheries inspectors marching up and down our quaysides and going on to our vessels to enforce these schemes, so the issue is something that, in many ways, we already have covered.
The hon. Gentleman mentioned CEFAS and the excellent science that is done by it, and my hon. Friend the Member for Camborne and Redruth also mentioned the work it does. Science can be the only basis on which the available fish is allocated and we consider our conservation measures. Having been to an EU Fisheries Council with my hon. Friend’s predecessor, I saw first hand the horse-trading whereby countries with no coastline and no fishing industry traded away the interests of fishermen in other member states to gain favours. Being an independent coastal state will give us the opportunity to set our fishing policy in a way that benefits our own economy and our own fishermen, rather than being subject to the horse-trading in smoke-filled rooms in Brussels—or rather rooms that used to be smoke filled.
The hon. Member for Plymouth, Sutton and Devonport talked about sharing vessel monitoring system data. One reason why it is important that we get the deal across the line is that we will then move into the implementation period, when a lot of these things can be hammered out. If we go for a no-deal scenario, then, yes, there could be problems; that is why I have now voted twice to get the deal over the line. If Members of the Committee would really like to avoid even the possibility of a no-deal scenario, they will have a third opportunity to act very soon.
Luke Pollard
I am reading into what the Minister has just said. The criticism I raised about VMS data-sharing is real, and it is a concern. When he gets to his feet, could he confirm that there are no data arrangements about VMS data-sharing? It sounds like he just admitted there were. For the record, it is really important that we are certain: is there data-sharing or is there not in relation to this SI?
Mr Goodwill
As far as I am aware, this is one of the issues that needs to be dealt with during the implementation period.
George Eustice
Does my right hon. Friend agree that, with other countries outside the European Union, such as Norway, we have in place framework agreements that set out our approach to joint fisheries management; that those agreements include provisions on data sharing; that the European Union has created a mandate for there to be a continuity agreement for the remainder of this year, which would cover such issues; and, indeed, that the Department already has advance plans for a future framework agreement to cover such matters?
Mr Goodwill
I thank my hon. Friend—having had five years in this job, he is well aware of the intricacies of some of the issues. However, the point that I am making is clear: the Prime Minister negotiated a 20-month implementation period to allow this and other measures to be agreed.
The hon. Member for Motherwell and Wishaw, who speaks for the SNP, said that we want to see continuity. That is precisely what this measure does: it ensures continuity. The measures agreed at the Fisheries Council before Christmas will continue past the date on which we leave the European Union. It has always been clear that that will be the case. I have to say to her, however, that members of the Scottish fishing industry—those to whom I spoke, anyway—are fully behind Brexit. They relish the opportunity we have to be an independent coastal state and to exploit the resource available to us.
Marion Fellows
Which group of fishermen did the Minister meet? Were they east coast fishermen, as opposed to the guys on the west coast, who are very much against Brexit?
Mr Goodwill
The guy I spoke to was on the east coast and very keen to exploit the opportunity. However, I am aware of some of the west coast issues as well, and they would need to be addressed. East coast fishing is big business, and its fishermen are concerned for us to move ahead. In that regard, fishermen on the east coast are absolutely out of step with the SNP’s view.
The Labour Front Bencher, the hon. Member for Plymouth, Sutton and Devonport, asked why we had removed the requirement to enforce compliance with the rules effectively and proportionately. Under common law, the UK Government are already required to act in that way, and that is well established.
The hon. Gentleman talked about why the draft SI might result in a lack of regulatory oversight, which follows on from my previous point. It is not possible to create equivalent bodies through these SIs. Instead, the Environment (Principles and Governance) Bill will create the office for environmental protection and introduce other measures.
Luke Pollard
The Minister is making a good fist of this, but I worry that he is placing much of the key emphasis—the foundation of his arguments—on Bills that might appear in the future. As we know from the Fisheries Bill, however, Bills can go missing—that Bill has gone missing without any date set for it to come back. We are placing hope in a Fisheries Bill that does not exist in the current parliamentary schedule—it stands no chance of coming back—and in an environmental protection Bill that might face a similar fate if introduced in the next Session of Parliament. We need to look at the protections in this piece of legislation, within our existing regulatory framework. Doing that reveals a governance gap, because we do not have the primary legislation in place. Does the Minister agree with that concern?
Mr Goodwill
I am as keen as anyone to make progress on not only the environment Bill but the Fisheries Bill and the Agriculture Bill. It would certainly help if we can clear the decks for them, and one way to do so is to get the withdrawal agreement through so that we can move forward into the new phase and have new legislation from which the UK would benefit as an independent coastal state in terms of fisheries.
The hon. Member for Plymouth, Sutton and Devonport talked about pulse trawling, which is very much at the forefront of my mind. Article 31 of Council regulation 850/98 contains a prohibition on fishing with beam trawl using electrical pulse current in specified areas in most of the southern North sea. Part of that area falls in UK waters, and article 31a contains a limited derogation from the prohibition. That derogation has been amended so as to apply only to UK fishing vessels after EU exit—in other words, non-UK vessels will not be able to take advantage of it in our waters.
Third-country vessels cannot be authorised in UK waters when we leave the EU. The UK currently has three authorisations linked to pulse use, which are in the process of being reviewed with a view to withdrawing them, irrespective of the proposed EU time line to implement a pulse trawling ban effective from July 2021. Once again, the UK is moving ahead of our European partners on that method of fishing, which is deemed unacceptable by many and particularly members of the public.
Mike Hill (Hartlepool) (Lab)
I know we are going to move on to pulse fishing, but the Minister will recall that it is allegedly so cruel that it breaks the backs of fish. He will also recall that the number of vessels in the UK is pretty limited, and that other countries, such as the Netherlands, have much bigger fleets. Given that the EU has voted to completely ban pulse fishing by 2021, should we not be following the same lead?
Mr Goodwill
I thank the hon. Gentleman for the question; Hartlepool is an important port just up the coast from my constituency. As I said, only three authorisations are in place for UK vessels. We are proposing to review that, with a view to withdrawing them. I am confident that we may well be in a position to be ahead of the EU in getting that ban in place.
George Eustice
Does the Minister agree that the UK has led the calls in the EU for that change? Far from responding and reacting to what the EU is doing, we will implement, through the changes he outlines, a ban on the majority of pulse trawling in our waters far sooner than the European Union.
Mr Goodwill
My hon. Friend is absolutely right—I can think of several instances where the UK has wanted to move ahead on environmental or animal welfare legislation. I am digressing slightly, but we are looking at dry sow stalls, battery cage legislation and veal crates. The UK moved ahead of, and faster than, the rest of the EU—it was not moving at the same speed as us. Although people say that leaving the EU will result in a degradation of our environmental and animal welfare legislation, that has no regard to our track record as a nation. Both parties have been keen to promote those topics and to move faster than the rest, so leaving the European Union will give us the opportunity to do that, rather than dragging behind.
Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)
On the point about the environment, can the Minister outline the limitations on the voltage and frequency? On top of that, what are the penalties if people go above them?
Mr Goodwill
I am not aware of the limitations on the voltage used, but we want to move to a situation where we have banned the practice altogether. As I say, when we have left the European Union, foreign vessels will not be allowed to operate it in our waters. We are also aiming to make progress on the three remaining UK vessels that are operating it. Every piece of advice that I have received indicates that it is an unacceptable way to fish.
The hon. Member for Plymouth, Sutton and Devonport asked why we had removed articles 11, 12 and 13. They will be replaced by schedule 7 to the Fisheries Bill. Together with the Sea Fish (Conservation) Act 1967, that will allow us to go much further to protect the marine environment.
I thank all hon. Members who have contributed to the debate. The amendments made by the instrument are essential to ensure that retained EU fisheries law is effective and enforceable after the UK leaves the EU. The instrument marks an important step towards having a cohesive statute book for exit day, and provides us with a solid foundation on which to build our future fisheries policy as an independent coastal state. I thank hon. Members for their points, and I hope the Committee will approve the measure.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019.
Draft Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019
Mr Goodwill
I beg to move,
That the Committee has considered the draft Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019.
The instrument was laid under the European Union (Withdrawal) Act 2018. The technical amendments made by the instrument will ensure that retained EU law concerning international agreements, technical conservation measures and the management of certain North sea stocks provides effective and enforceable UK law, as well as continuity for businesses, while protecting the environment. The draft instrument will also transfer powers from EU entities to UK fisheries administrations.
No policy changes are made to the effect of the retained EU law, and no change is expected in the way that the fishing industry conducts activities as a result of the draft instrument. The instrument is complemented by the Fisheries Bill, which will deliver on our promise to take back control of our waters and to decide who may fish in them and on what terms. It will create the powers to allow us, over time, to build a sustainable and profitable fishing industry.
The amendments extend and apply to the United Kingdom. Fisheries management in the UK is largely devolved to Scotland, Wales and Northern Ireland. The instrument has been developed and drafted in close co-operation with the devolved Administrations, who have given their consent, ensuring a common approach that represents existing devolution settlements, and maintains existing systems of fisheries management, providing certainty for the fishing sector and businesses.
The instrument amends regulations concerning regional fisheries management organisations. Having these in place when we leave the EU will mean that we are fully compliant with international agreements, allowing us to join key conventions in our own right. The instrument also amends the technical conservation measures that fishing vessels must adhere to. These regulations are essential for the management of the fisheries activities of UK vessels, wherever they are, and of non-UK vessels in UK waters.
Furthermore, amendments are made to the North sea multi-annual plan, which establishes long-term plans for the recovery, preservation and sustainable management of mixed fisheries in the North sea. The instrument also transfers powers contained in 15 of the regulations amended by the other two statutory instruments, as well as one aquaculture regulation.
These powers to make legislation or to exercise legislative decisions were previously conferred on EU entities but will now be enacted by UK Administrations, and parliamentarians will be able to scrutinise them in a way not possible when the powers were exercised by the EU—a point I made during the debate on the last instrument. There are also minor, consequential changes to domestic legislation. The instrument has been considered by the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, neither of which reported it.
Because the instrument makes only necessary technical amendments to retained EU law that—prior to exit day—already applies in the form of directly applicable EU law, a full impact assessment was not required. A 10-week consultation was conducted through the fisheries White Paper, which described future fisheries policy, as well as the legislative approach taken by these SIs.
Alongside that, meetings took place with key stakeholders from the fisheries sector, the food industry and environmental non-government bodies. Stakeholders were broadly supportive of the approach taken. We also received several questions and comments from stakeholders, which we have addressed in the explanatory memorandum, which is available to parliamentarians and the public. I commend the regulations to the Committee.
Luke Pollard
My hon. Friend is right. If we are to create sustainable fisheries, we need them to be sustainable, both environmentally, by dealing with climate change and its effects, and economically. The temptation to use this method is a real concern, which is why I want to see it banned comprehensively, with no provision for an opt-out.
Mr Goodwill
My hon. Friend the Member for Camborne and Redruth is absolutely right: under the withdrawal Act, we cannot move further than this legislation does, because that would be a policy change. We have clearly announced that we will review the three UK boats that pulse fish, with a view to stopping that activity. I cannot see owners of other vessels considering it to be a worthwhile investment to engage in that type of fishing and investing in the equipment, given the message that we have sent out.
Luke Pollard
When the Minister got to his feet, I was looking to him to commit to removing that 5% derogation and ban the practice completely. That is what the Opposition are looking for and what hon. Members on the Government Benches, who have fishing communities that have been trimmed from the SI, also want.
If we are to have truly sustainable fisheries, which is the ambition set out in the fisheries White Paper, we must not allow a loophole through which up to 5% of beam trawlers can use this method. Conditions might change; we need to ensure that fishing regulations are future-proofed. Otherwise, all we are doing is simply allowing a loophole that will need to be addressed in future.
We are very concerned about the 5% figure. I would be grateful if the Minister could set out how he intends to remove any loopholes from future regulations. Potentially allowing 200 boats—5% of beam trawlers—to use this fishing method in future opens the opportunity for considerable pain.
I would also like the Minister to edit this part of the SI to include additional protections. The former Minister set out the need for occasional scientific derogations, to investigate whether elements of technological change in pulse beaming could be more sustainable, but clear parameters should be set around that.
The Minister missed a trick with regard to public consultation, and when he said there was no prohibition on this type of fishing activity in marine protected areas, or within 12 nautical miles of the shore. We believe there should be strict punishments and proper enforcement.
I am conscious that hon. Members wish to return to the main Chamber, so I will not keep us on this point much longer. Our concern is that the SI creates a loophole in law and does not set out a clear enough vision or certainty that this method will be banned. I would like to see the SI brought forward again with that loophole removed, in which case the Opposition would be happy to support the Minister.
Mr Goodwill
The hon. Gentleman cannot have it both ways. I have given him assurances that the SI is merely updating EU legislation to take account of the fact that the UK will be an independent coastal state with control of its own fisheries, and we will be leaving the European Union. At the same time, he is tempting us to add additional measures. This is a business-as-usual measure that will reassure the industry that things are not going to change. When the Fisheries Act, as it will become, is on the statute book, we will have the opportunity to make changes.
The hon. Gentleman can be assured that on the day that we leave the European Union, none of the 87 Dutch-registered vessels using this fishing method will be able to fish in our seas. We will review the three UK boats, with a view to stopping that activity; it would then be banned.
Mike Hill
Earlier, the Minister was talking about making improvements. I understand that improvements can be made further down the line, but some matters are simple. Marine protected areas are protected for a reason—they are vulnerable or important ecosystems. Why is there no protection for them against pulse fishing? Why is pulse fishing not kept away from marine protected areas?
Mr Goodwill
Marine protected areas are there to allow habitats to build, and fishing can be limited or banned altogether in those areas. One of the big conversations I have with the charter boats in my constituency is whether they should be allowed to fish using conventional rod-and-line methods in those areas. The Fisheries Bill gives us the opportunity to make further changes unilaterally, without having to get the agreement of 27 other nations, many of whom do not have a coastline and have no real interests in fisheries, but do have votes in the Council.
Listening to the hon. Member for Plymouth, Sutton and Devonport, one would assume that the common fisheries policy had been an unqualified success, and that we were being dragged kicking and screaming from its clutches. I do not need to remind the Committee of, for example, the effect of discards on fish supposedly being conserved and having their stocks improved; it has been very destructive. It is only in recent years that we have brought in the landing obligation and more reasonable methods. We can build on that as an independent coastal state without waiting for the others. When we come to the annual fisheries negotiations, we will be there in the same way that Norway and the Faroes are there. I hope we will have close links with them so that we can work together with the EU as another part of the process to ensure that we continue to build stocks in the North sea and have fewer stocks under threat.
Luke Pollard
I am sure the Minister knows, having read back on fisheries debates in this House over the past year, that it is not my view that the CFP is a field of gold. Despite my being fond of Europe in many respects, the CFP is an example of where it went wrong. I am grateful to set the record straight. Improvements can be made, and banning electric pulse beam fishing is something that we could and should do now. If it is not to be banned in this SI, will the Minister commit to introduce a dedicated, tiny SI to remove the 5% so that when we leave the European Union—if that happens—a cruel fishing method will be banned in its entirety?
Mr Goodwill
I have made it clear twice that we will review the remaining three vessels. There are only three UK boats that are doing this and, following the review, we will consider how we can stop such activity. When we have left the European Union, none of the 87 Dutch vessels will be able to fish in our waters.
The hon. Gentleman mentioned why we have revoked emergency powers on recovery of stocks. I remind him that each UK fisheries administration already has existing powers to do that through licensing of fishing vessels under the Sea Fish (Conservation) Act 1967.
I think I have covered the points made during the debate. Once again I reassure the Committee that this is a business-as-usual statutory instrument. It reassures the industry, environmentalists and others that when we leave the European Union, as I am convinced we must and should if we are to deliver on the momentous decision made by the British people, we can do so in a way that is orderly. If Members are concerned about how that will happen, I have only one message for them: vote for the withdrawal agreement. Their third chance is coming up. We need to move into the implementation period where many of the issues raised can be sorted out. It seems nobody wants a hard Brexit. I do not look at anyone in particular, but if we can just get over the line we can move into a situation where we can resolve the issues.
We have had a constructive and useful debate and I commend the regulations to the Committee.
Question put.
Mr Goodwill
I beg to move,
That the Committee has considered the draft Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019.
The technical amendments made by this instrument will ensure that regulations concerning fishing opportunities and the landing obligation continue to operate effectively as retained EU law after the UK leaves the EU. They will provide continuity to businesses while protecting the environment. No policy changes are made to the effect of the retained EU law, and no change is expected in the way the fishing industry conducts its activities as a result of the SI.
The instrument is complemented by the Fisheries Bill, which will deliver our promise to take back control of our waters, and decide who may fish in our waters and on what terms. It creates powers that will allow us over time to build a sustainable and profitable fishing industry. The amendments apply to the United Kingdom. Fisheries management in the UK is largely devolved to Scotland, Wales and Northern Ireland. These instruments were developed and drafted in close co-operation with the devolved Administrations, who have given their consent, ensuring a common approach that represents the devolution settlement and maintains the existing system of fisheries management. They provide certainty to the fishing sector and businesses.
This instrument amends three regulations that set out exemptions from the landing obligation for certain fisheries in north-western waters and the North sea. The minor technical amendments to these provisions enable the UK to facilitate the full implementation of the scheme from January 2019. That will ensure that the UK continues to abide by the same conservation measures.
The instrument also amends two regulations that set fishing opportunities. One sets total allowable catch and quota for fish stocks for 2019, and the second sets total allowable catch and quota for certain deep-sea stocks for 2019 and 2020. In those two regulations, the prohibitions on fishing for certain species in certain areas will be amended so they continue to apply. However, provisions that put into law the TAC and quota set by the EU will be revoked, because it will not be appropriate for them to apply to the UK when we become an independent coastal state.
This instrument has been considered by the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, neither of which reported it. Because it makes only necessary technical amendments to retained EU law prior to exit day, which already applies in the form of directly applicable EU law, a full impact assessment was not required. As I say, it is another business-as-usual SI.
A 10-week consultation was conducted through the fisheries White Paper, which described future fisheries policy and the legislative approaches taken by these SIs. Alongside that, meetings took place with key stakeholders from the fisheries sector, the food industry and environmental non-governmental bodies. The stakeholders were broadly supportive of the approach. We have also received several questions and comments from stakeholders, and we have addressed them in the explanatory memorandum that is available to parliamentarians and the general public. I commend the regulations to the Committee.
Mr Goodwill
I thank the hon. Gentleman for his comments. He asked why we removed a reference to maximum sustainable yield; setting stocks at maximum sustainable levels is the key to building stocks, particularly for declining or flatlining species. That is a key element of the way we measure stocks and control fishing. A target to achieve maximum sustainable yield appears in a number of provisions in EU retained law. The statutory instruments have required different approaches for each target until we can set the UK future approach using the Fisheries Bill, which I have said I would like to get on the statute book as soon as possible, to make it a Fisheries Act.
With regards to article 2 of the basic regulation, we cannot make the maximum sustainable yield target in this provision operable because it depends on mutual access across member state waters. The Secretary of State would be unable to achieve it unilaterally. Article 6 of the TACs and quota regulation is concerned with TACs to be determined by member states. It has been omitted because the Secretary of State will determine TACs under the powers in the Bill and common law powers, along with the criteria for setting quota. On the North sea multi-annual plan, the draft regulations detail specific targets that relate to certain species in certain areas. Amending the targets would be beyond the scope of the powers provided by the EU (Withdrawal) Act 2018, as the MSY target has already been implemented and we are staying in the multi-annual plan.
The hon. Gentleman mentioned article 6 of the TAC and quota regulation; that is to be determined by member states because we are still in the European Union. He mentioned that the SI removes article 15 of regulation 2019/124, which is about the submission of data to the Commission, and asked whether we will still record the quantity of stocks. That will continue to be collected. Article 33 of the control regulation, which is referred to in article 15 of EU regulation 2019/124, is amended by the third instrument to ensure that fisheries administrations must record all relevant data on fishing opportunities, as referred to in that regulation. However, it would be inappropriate to report the data to the Commission once the UK is no longer a member state.
The hon. Gentleman raised similar concerns to the ones he raised in the two preceding statutory instruments. I reassure him similarly that this is a business-as-usual measure and that further exciting changes to the way we manage our fisheries will be available to us when we are an independent coastal state, using the Fisheries Bill when it becomes an Act to do that. I look forward to debating the remaining stages of that Bill as soon as we can.
Question put and agreed to.