Fisheries Bill (Ninth sitting)

Alan Brown Excerpts

Committee Debate: 9th sitting: House of Commons
Monday 17th December 2018 Public Bill Committees

[Mr Sweeney]

I beg to move amendment 77, in schedule 6, page 45, line 43, leave out “negative” and insert “affirmative”.

We tabled the amendment because the schedule allows for the transfer of powers to Scottish Ministers and the power to make provisions on issues such as aquatic and animal diseases. The schedule will allow Scottish Ministers to make provisions for

“the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals…in particular…provision regulating the importation, exportation, movement, storage or handling of…fish or other aquatic animals…products derived from fish or other aquatic animals…any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.”

We want to change that to an affirmative procedure because it will be a much better way of doing things.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The amendment is a step too far. There is sufficient protection for affirmative resolutions under clause 36 and paragraph 3(2) of the schedule, as the Minister pointed out. The Scottish Government need some leeway to be able to use the negative resolution procedure, and I do not think there is any need for this amendment. I would like to know whether the Labour party sought any assurances from the Scottish Government on whether they thought this amendment was necessary. I suggest that if the Scottish Government had wanted such an amendment, they would have tabled it themselves.

[George Eustice]

This is in many ways a mirror amendment to one we discussed earlier. It is unusual for me to agree with the hon. Member for Kilmarnock and Loudoun, but he makes an important point: if we have just agreed one set of provisions giving the right to use the affirmative or negative resolution for England, it would suggest that we do not trust Scotland if we said that all their resolutions should be subject to the affirmative procedure. What is good for one part of the UK should be good for Scotland as well. I do not think this amendment is appropriate.

I can confirm to the hon. Gentleman that this has been put in at the request of the Scottish Government. We worked closely with all the devolved Administrations to understand what they would like included in the Bill on their behalf, and this particular section dealing with the ability to fight aquatic diseases is understandably very important to Scotland, given that it has such a large salmon farming industry. It is at the request of the Scottish Government that this has been included in the way that it has. I think it is right that we treat the Scottish provisions in the same way that we treat the English provisions. I hope the shadow Front Bench will not see the need to press this particular amendment.

[Mr Sweeney]

We have been pretty consistent throughout the process in saying that we think affirmative measures are better because they provide extra scrutiny and extra control, and we think that is beneficial.

[Alan Brown]

On that point, given that the hon. Gentleman’s colleagues consistently say that the Scottish Labour is the party of devolution, does he agree that if Labour is the party of devolution, it should respect devolution rather than trying to make legislation here that the Scottish Government have not asked for?