32 Brendan O'Hara debates involving the Department for Environment, Food and Rural Affairs

Tue 11th Dec 2018
Fisheries Bill (Fifth sitting)
Public Bill Committees

Committee Debate: 5th sitting: House of Commons
Tue 4th Dec 2018
Fisheries Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Wed 21st Nov 2018
Fisheries Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Tue 20th Mar 2018
Thu 30th Mar 2017

Fisheries Bill (Fifth sitting)

Brendan O'Hara Excerpts
Committee Debate: 5th sitting: House of Commons
Tuesday 11th December 2018

(5 years, 5 months ago)

Public Bill Committees
Read Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 December 2018 - (11 Dec 2018)
Alistair Carmichael Portrait Mr Carmichael
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Like many Members of this House, I am often wary about using legislation to send signals, because most of the time I do not think it necessarily ends well. However, from my experience personally and as a constituency MP, I think the hon. Gentleman’s amendment would send a very important signal, so I commend him for tabling it.

One of my formative experiences in the area came when I was still in legal practice. I was instructed to appear at a fatal accident inquiry at Lerwick Sheriff Court on behalf of a family from Banff, or perhaps Macduff, whose son had been swept overboard from a trawler, the Alandale, which is no longer at sea. In a force 7 or force 8 gale, the young man had gone over to the ledge around the side of the boat to fix a trawl door. The boat was hit by a big wave—a lump of water—and he was washed away. The skipper said that the crew saw a flash of orange oilskin in the water, but that was the last they saw of him. They looked for him for some time, but the search was ultimately futile.

When I was instructed in that case, the grief of the young man’s parents formed my view, which I hold to this day, that the matter requires our attention and every possible signal needs to be given. The other thing that struck me during the fatal accident inquiry was the evidence of the other deckhand, who was still in his late teenage years. He said that for a few weeks after the incident, he had worn a life vest of some sort; when asked on cross-examination why he had stopped wearing it, he said that he had been subject to ridicule from others in the industry. Nobody of that age, and nobody who had witnessed what that young man had witnessed, should be subject to such pressure. I have noticed that the situation has improved since, but there is still a lot to do. I still hold the view that there is a job of education to be done within the industry, and making it an objective of the Bill would be a significant improvement.

Locator beacons are another matter that I have formed a view on over the years as a consequence of my experience of dealing with families. One constituent, with whom I worked for some years, had a brother working on a single-handed creel boat who was caught in a rope—we think—when shooting his creels and went over the side of the boat, which was on automatic pilot. The boat was eventually found a considerable distance from where the family thought he had been fishing. A locator beacon would not have saved his life, but it would have saved his family immense pain and grief to know sooner where he was. It is a relatively small and inexpensive innovation, but it highlights the importance of putting safety objectives in the Bill.

Finally, let me make a point about modern slavery. The modern slavery that we have identified in the fishing industry has generally been a consequence of the operation of transit visas in relation to crews of non-European economic area nationals. The hon. Member for Plymouth, Sutton and Devonport has heard me speak about that in the House times without number. It is a ridiculous use for transit visas and the Government should get real and identify the need for non-EEA nationals to be employed in the industry, and make a sectoral provision about it.

If the objective were included in the Bill, arguably the Home Office’s current approach to visas for non-EEA nationals would be in breach of it. For that and other reasons, the proposed change to the Bill is eminently sensible and supportable.

Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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It is a pleasure to serve under your chairmanship, Mr Gray.

The right hon. Member for Orkney and Shetland is right. Any of us who represent fishing communities know the devastation that can be caused when a boat is lost. Indeed, just at the start of this year in my constituency, the Nancy Glen sank off Loch Fyne with the loss of Duncan MacDougall and Przemek Krawczyk. The devastation felt is something I never want to see again. Anything that improves safety on board has to be supported.

I question the amendment in relation to wages and salary protection, but the SNP supports the principle. The Scottish Government—notably Fergus Ewing, the Cabinet Secretary—have written to industry stakeholders along those lines and spoken to the Government and officials about regularising the visa situation to ensure that non-EEA workers are subject to UK employment law. We are keen to get full implementation of ILO 188, the International Labour Organisation work in fishing convention. We have concerns that the wording of the amendment means it would not apply to the many fishermen who are self-employed, or to the significant proportion of the industry who are share fishermen, to whom such things as the national minimum wage do not apply. We need to ensure that anything in the licence works in tandem with existing law and check the exact implications of the amendment.

It is complex, so although we agree with the spirit of the amendment, particularly about safety on board, we must ensure that we get things right. If the amendment is pressed to a vote we shall support it but, if the hon. Member for Plymouth, Sutton and Devonport does not press it, we will have an opportunity to work on a proposal covering more of the industry. We could work on that together and perhaps bring it back on Report.

George Eustice Portrait George Eustice
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This issue is obviously incredibly important. Fisheries and fishing are one of the most dangerous occupations. Every year we have a fisheries debate—we have one tomorrow. Tragically, we always have to reflect on those who have lost their lives to put food on our tables. I know that there has been a tragedy linked to the constituency of the hon. Member for Plymouth, Sutton and Devonport, with the loss of the Solstice and a crew member. The report was published recently and the hon. Gentleman has had a lot of dealings with the family.

The right hon. Member for Orkney and Shetland raised an important point and told a rather depressing story about a young man who was wearing a personal flotation device for his safety and was ridiculed. That underlines an important issue. We need to try to get a culture change—a change in attitude in some sectors of the fleet—so that safety is given more prominence.

I want to return later to a couple of issues raised by the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, which are covered elsewhere in the Bill, about how we define under-10s. There are also other issues about monitoring of smaller vessels. However, first it is important to recognise that safety, as the hon. Gentleman acknowledges, is first and foremost a matter for the Department for Transport. I think I am right in saying that he, along with me and many in the industry, attended a meeting organised by the Under-Secretary of State for Transport, the hon. Member for Wealden (Ms Ghani), who has responsibility for shipping. As the hon. Gentleman is aware, she takes this very seriously. We got fisheries stakeholders together specifically to discuss what more can be done to promote safety. He highlighted important schemes, including the use of personal location devices. Quite a lot of progress has been made, too, on personal flotation devices, which are discreet and do not get in the way of fishermen’s manual work but inflate when they come in contact with water.

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Luke Pollard Portrait Luke Pollard
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We want to strengthen the objectives to enhance the requirement for data collection. The UK’s seas have historically been an abundant source of food, income and employment, but at the moment they are failing to meet their full potential. Two thirds of UK stocks have been fished beyond their sustainable limits, but according to the New Economics Foundation, if catches followed scientific advice, the yield could deliver 45% higher landings and additional gross value added of approximately £150 million across the UK coast, and would support an additional 2,500 full-time equivalent jobs.

The UK’s fisheries are not being managed at their optimum economic output. Government figures show that two thirds of our main commercial fish stocks are depleted, overfished or at risk of being depleted, or their status is unknown. Only one third are currently operating at maximum sustainable yield. There was a vague reference to improving data in the White Paper, but that is also no longer in the Bill.

Labour would like to create a road map to take us to fully recorded UK fisheries over time. That makes economic sense. Sustain recently found that UK fisheries are losing out on millions of pounds of business from the catering sector in the UK alone, as buyers look abroad for sustainable fish instead of buying from the UK from fisheries that are not currently classed as sustainable. The market for sustainable seafood is growing 10 times faster than that for conventional seafood. The best markets within and outside the EU require fish products to be demonstrably sustainable, including a number of markets within the UK public sector. That includes our schools, prisons, central Government, Whitehall catering and the NHS. At present, a large amount of fish caught in the UK is not verifiably sustainable, and that is affecting access to those markets within the UK.

We heard a lot about data deficiency during the evidence sessions, and is one of the main reasons that much of the fish caught in UK waters cannot be marketed as sustainable. For fishing to be sustainable, there must be sufficient understanding of the population of the targeted species, the impact of fishing, and the status of our sea-floor ecosystems. Without that data, boats can be considered ineligible for Marine Stewardship Council certification or receive a lower rating from the Marine Conservation Society’s “Good Fish Guide”.

In January this year, the Environment Secretary said that

“we can still do more to improve the procurement of British food across the public sector.”

He was right, but there is no mention of that here. If data deficiency is one of the things holding back the sector, we believe that it should be addressed in the Bill. According to Government data, the status of three of the UK’s 15 main fish stocks is unknown. That would not be acceptable on a farm or in agriculture, and we should stop accepting it simply because it is underwater.

I am grateful that this topic is taken up in a similar amendment tabled by the right hon. Member for Orkney and Shetland. I would be grateful if the Minister told us how the current data deficiency can be remedied.

Brendan O'Hara Portrait Brendan O'Hara
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Although these are all good aspirations, and we recognise the need to continually improve our data and the need to contribute to better science, we have concerns about some of the practical aspects. For example, who will pay for the very costly technological change that is proposed? I also question whether primary legislation is really the place for determining such scientific measures.

I caution that some of the technological measures are still in their infancy or, in some cases, not yet possible. For example, as I understand it the knowledge around identification and sizing of catches has only just been developed in terms of camera technology.

Finally, is it not for the devolved Administrations of Scotland, Wales and Northern Ireland to determine how to collect data, and indeed what data is to be collected? I fear that the amendments might inadvertently cut across that devolution settlement.

Alistair Carmichael Portrait Mr Carmichael
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To pick up on that last point, my amendment is probing, albeit with a serious purpose at its root. Essentially, the problem is that for years we have had conflict between what fishermen believe is in the sea and what scientists say is in the sea on the basis of the data that they have. The data that would be produced by the full documentation of catches—which is an important principle, whichever jurisdiction we are dealing with—would be the best possible evidence. It would be in the interests of the industry, and it would certainly be in the interests of the scientific community as a whole.

For years, I have complained about the fact that the source of the conflict between the industry and the scientists is that much of the data collected is almost two years old by the time it is used for the purposes of decision making. We know the situation in the marine environment can change massively over that time. As a consequence, we have a mismatch between the scientific evidence and what fishermen believe is in the sea.

What we propose would allow for a much earlier “quick and dirty” analysis of what is in the sea, and would offer the opportunity of different fisheries management systems. At the moment, given the way in which we use science, I would be very cautious about the idea of moving to anything like a real-time closure, for example. The science, of course, is always evolving and improving, but this is not a novel process; this approach is taken in a number of other fishing jurisdictions. If reliable data is coming from the industry itself, the objectives of real-time fisheries management will be much more easily achieved.

Amendment 24, which stands in my name, is probing, but it strikes at the heart of the approach that the Government will be taking, especially in later parts of the Bill, which deal with the practical ways in which fisheries management is to be undertaken. The National Federation of Fishermen's Organisations, for example, is keen to see the creation of advisory councils.

Fisheries Bill (Fourth sitting)

Brendan O'Hara Excerpts
Thursday 6th December 2018

(5 years, 5 months ago)

Public Bill Committees
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None Portrait The Chair
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Exceptionally quick. Thank you.

Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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Q Your report, “A Fair and Sustainable Fisheries Bill”, made a number of recommendations. How much of that has been translated into what we have in front of us? Do you think that the Fisheries Bill represents radical change or preservation of the status quo? Is it a missed opportunity?

Griffin Carpenter: It has been discussed many times that it is an enabling piece of legislation. Many of our policy ideas are not in there, for the reasons just discussed. In my opinion it is a political choice whether you get overly detailed in one area. That is a trade-off, depending on what you want to prioritise now and your trust that it will come in secondary legislation.

We were calling for redistribution of quota. Something I think is missing from the Bill, which was discussed earlier, is commitments to maximum sustainable yield—not just the stock commitment but the flow, so how much you are taking out. Many of us were surprised that was not in the Bill. We would like more focus on inshore fisheries management; those are shellfish stocks that are left out of the discussion on quota.

Also, there is a lack of trust in the fishing industry. The way you build trust is through repeated social interaction. The only realistic way to do that is to have inshore bodies, where all the stakeholders meet together to discuss issues in the inshore waters within 12 miles. Those bodies should be empowered to have jurisdiction up to 12 miles and control the number of pots, and so on.

Peter Aldous Portrait Peter Aldous
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Q The right hon. Member for Newbury (Richard Benyon), when he was Fisheries Minister, fought very hard in the 2015 review of the CFP, and the general consensus was that it was a good deal. One of the main things won was article 17, so you worry me by basically saying that no one takes any notice of it. In transposing article 17 to the Bill, what can we do to give it teeth, so that people take notice of it and it is implemented?

Griffin Carpenter: Exactly. This refers back to the first discussion we had. We as an organisation were one of the groups advocating for article 17 in the CFP. The CFP—people might disagree with this—actually gives quite a lot of power to member states, for better or worse. The EU did not want to say exactly how each member state should allocate its fishing opportunities. It just says, “Tell us how you are doing it. Be transparent and objective about how you are doing it. Is it based on historical catch records? Are you giving more to the small-scale fleet?” and so on. Every member state continued allocating quota as they were. The UK has done some things with unused quota, but never actually referred back to article 17. It was just that the small scale wanted more, so they gave some more.

The problem with transposing that is that it seems like we are missing an opportunity to be specific. Article 17 was vague so that each member state could use their own criteria. Now we are transposing that, but we are the member state—we are one entity—so we can say exactly, especially in the case of England, how we are going to do it, and we can say that right now. It seems strange to transpose something that was intentionally vague so each member state could be specific.

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Bill Grant Portrait Bill Grant
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Q Moving slightly off the Bill—I am sure the Chair will forgive me as it is connected to the environment—we see birds gathering to migrate across the globe, but we do not see the same movement of fish under the water. What sort of distance do the fish travel as they migrate from place to place? Environmentally, we believe that the temperature of the water is going to increase, so could that increase in temperature alter where the shoals of fish go? Is that going to affect the fishery?

Dr Carl O'Brien: The answer to the first part is that it is very species dependent. Species like North sea cod will live in the North sea, the eastern channel and the Skagerrak. They mix quite happily. Species like mackerel, blue whiting and Atlanto-Scandian herring travel over very large distances. Species like eels essentially travel around the globe, starting in the Sargasso sea. We have a lot of data that has been funded by DEFRA, and the Ministry of Agriculture, Fisheries and Food in its previous role, from tagging things like bluefin tuna. We have a lot of data on migration, so we know roughly where fish are moving.

The issue of climate change has two aspects. One is that, as waters warm, you may see a movement of fish. We have seen northern hake move from the southern waters more northerly into the North sea, which is causing some of our fishermen a problem at the moment, with choke issues. The other aspect is that you may suddenly find species that you have never seen before. We are getting reports of cuttlefish, squid and even jellyfish down in the channel. We are aware, through questioning the public, that there is an Asian market for jellyfish, so perhaps some time in the future there will be a market for UK jellyfish. Who knows? We are looking at that as part of this process; we are not focused just on this year’s or next year’ fishing quotas. It is very much about where we might be in 50 or 100 years’ time.

Brendan O'Hara Portrait Brendan O'Hara
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Q I have a question about the discard prevention scheme: we have heard over the last couple of days from representatives from the fishing fleet itself, who think the system will not work, and from environmental groups, which think there is not enough information on how it will operate. Could you tell us how the scheme will be implemented? Given that both the environmental lobby and the fishing fleet have concerns, do you think we should put something in the Bill to make it absolutely clear how it will work?

Dr Carl O'Brien: I am a scientist, not a politician or a Minister, so I do not know how it will work. The thinking behind it is that, as we move towards fully implementing the landing obligation next year, there will be some serious issues with choke species, as the Minister mentioned. My understanding of the discard prevention charging scheme is that you have two options: you either have such a scheme or you tie vessels up. As soon as you have fished your quota, you can no longer go to sea because you will not have the ability to discard, which means you will not have the ability to land quota.

The discard prevention scheme is a way of saying to fishermen, “If you have good ideas for selectivity measures or ways of mitigating large amounts of discard and you want to use those measures, if you catch a small amount of over-quota catch, through this scheme you can be charged and incentivised to carry on fishing.” Where the scheme moves from being an incentive to being a penalty is that if you habitually overfish, there must be a point at which it is a penalty to you and you have to stop doing it. Clearly, you would have to manage quota in such a way that the system can cope with that bit of overfishing. But in principle, it is a good idea.

Brendan O'Hara Portrait Brendan O'Hara
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Q One final question, if I may, which follows on from what Mr Grant said. I was in Greenland recently. There are species that have been caught off the coast of Greenland that have never been recorded as having been there before. I presume that as species move north, species from the south move into UK waters. How fleet of foot is DEFRA in terms of whether our fishing fleet should begin to harvest stocks of fish that are not usually there?

Dr Carl O'Brien: The easiest answer to that is that, in 2003, MAFF created the fisheries science partnership, which is still funded by DEFRA. We asked fishermen for their ideas on specific projects. A lot of the ideas are selectivity measures, but we had a project a few years ago where there was an emerging cuttlefish fishery down in the south-west. The fisheries science partnership was used as a way for the fisherman to work with scientists to see the viability of a cuttlefish industry down there. The problem with cuttlefish is that they come and go. They had a couple of years of quite high catches, but then basically they died away.

There is a strong role for science and industry to work together, because you would not want the industry to gear up for a cuttlefish fishery that will last for only two years. The way we have worked in the past is the way I hope we would work in future. But you are right—if there are emerging new species, there should be a dialogue between the industry and scientists and also Government to see whether you should develop fisheries. In some cases, these will be species that we may not know very much about, a bit like the jellyfish. You would not want to gear up for a high extraction rate of jellyfish without understanding the implications for the ecosystem. There will be other species that feed off jellyfish. If we as humans are removing them from the system, those species will not have access to a food source.

None Portrait The Chair
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Three more Members have indicated they want to ask a question, and I want to try to get them in before 3 o’clock.

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Peter Aldous Portrait Peter Aldous
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Q You referred to the need for co-ordination between marine and land-based planning. Would you say that the same would apply for economic regeneration and a role for local enterprise partnerships?

Dr Amy Pryor: Gosh, absolutely. In the last year or two, some LEPs with coastal areas—in fact, most have them—are starting to look towards the coastal communities, but it certainly has not been that way since the beginning. It was a fight to get them to take notice of the coastal areas and the role that they play. I see a role for LEPs and for coastal partnerships, because they have a lot of trust from the local community and have been around for about 20 years; they pool all the different strengths together. I would like to see more formal recognition in the Bill—perhaps an extra marine planning objective that could actually set out these things. The Fisheries Bill cannot remedy everything, but it could take steps towards providing that integration, which would also achieve the objectives of the 25-year environment plan that the Government are committed to.

Elaine Whyte: To be fair, it is not just in marine planning, but in science. We always find that the science is lacking at local inshore levels. Again, we should be looking to Norway and at our local fleets as reference fleets and get the fishermen working with the scientists to provide that reflexive data that is needed. A lot of planners and other people sitting around the table do not quite understand what is happening. There is a major problem there for stakeholders as well. What we do have around these timetables are a lot of stakeholders; we are very happy to have them, but sometimes they bring their own science and ideologies. What we really need is an honest broker—that is how we can do it through marine planning and through local authorities.

Brendan O'Hara Portrait Brendan O'Hara
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Q This is more to Elaine. Clause 10 is about the power to grant licences. Scottish Ministers and Northern Ireland Departments can do it. The Scottish west coast fishing fleet is in close proximity to Northern Ireland; they fish in the same water for the same stocks. How concerned are you and your members about the possibility of different regulatory frameworks for Scotland and Northern Ireland, and what damage could that do to the west of Scotland fleet?

Elaine Whyte: With the greatest respect to Northern Irish colleagues, who we have fished with for a long time and whom we respect entirely, we are concerned about this, because it is the same stock from the same area. If there are different tariffs and different rules applicable, that will of course impact on our trade and our entire ability to fish. It is a massive concern.

Brendan O'Hara Portrait Brendan O'Hara
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Q Has there been any analysis of what damage that would do to places such as Tarbert or Oban?

Elaine Whyte: No, but there really should be. There is socio-economic work on the marine protected areas going on at the moment, but we really need to look at what we are landing from such areas. Nephrops are the second most valuable shellfish that we have in the whole country and we really have to look at where they are being landed—a lot of them coming from Scottish waters are going to Northern Ireland at the moment.

Brendan O'Hara Portrait Brendan O'Hara
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Q How important to Community Inshore Fisheries Alliance members is keeping current access to EU markets, and is there any analysis of the damage that time delays would have on your ability to export?

Elaine Whyte: As an alliance we are constitutionally and politically neutral. We have always said that and we will work with the best outcomes possible, but we are very worried about market access, as we have said from the start. We are looking at the delays. A lot of people are saying that maybe there will be six months and that that will be a problem. Our fleets could not really handle six months. We are more aligned with the Federation of Small Businesses, in the sense that a month or two would be enough to harm our fleets.

None Portrait The Chair
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Amy, do you have any comments on that?

Dr Amy Pryor: I am going to leave that to the Scottish and Irish experts.

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George Eustice Portrait George Eustice
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Q I want to come back to something that Elaine Whyte said earlier about the concern that there might be different rules for different parts of the fleet, with Northern Ireland having access to west of Scotland waters, for instance. Could you explain a bit more what your concern is? Obviously, the Bill is trying to resolve quite a difficult tension, which is that fisheries is a devolved matter, yet it is also highly affected by international negotiations, which are reserved. The way it does that is by giving each Administration the ability, through clause 10, to have licence conditions, but then separate to that, in clause 31 and schedule 6, it gives the Administrations the ability to set their own technical conservation measures, so if they wanted to have a closure, for instance, that would apply to everyone, whether or not it was on the vessel licence. There are two means of doing it, and I think the Bill squares that rather difficult circle through that means.

Elaine Whyte: It potentially does, but it does not square the tariff issue, so that is something that we would still have a concern about. Some of our members have mentioned the issue of nomadic rights, and of course we understand that, but we always think that there should be some link to the coastal communities around about. They should not be disadvantaged by lack of access to their own stocks, in a sense, as well. That is important to us domestically as well as between different countries and the UK.

Brendan O'Hara Portrait Brendan O’Hara
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Q Mr Grant said, and I think we would all agree, that we hope to see young men and women from throughout Scotland going into a revived indigenous fishing industry, but we need to have an industry there for them to go into. How do we bridge that gap? Who will crew the boats and the fish processing plants while we wait for that throughput? Given the geography of the west of Scotland in particular, the inshore fishing fleet is now at a critical point, is it not?

Elaine Whyte: Yes, it is. We have some boats that are about 60 years old, which is not right, so we have to look at how we can help our infrastructure. There are ways to do that. The Western Isles had a very good boat-building scheme, which was very low-risk and allowed people to come in. We need to start building up those facilities along the coast. I would say that we need that not just on the west coast but all around the coast.

Brendan O'Hara Portrait Brendan O'Hara
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Q But, particularly on the west coast, how do we crew or keep that—

Elaine Whyte: We have a gap at the moment, and we have to make sure we are getting skilled workers in from wherever they come from. I would say that we are working towards a long-term domestic policy through marketing. I would use the example of Denmark again and say that, 10 years from now, that is what we should have. For now, we have to be realistic and make sure we have got people there to teach the new guys coming up.

Dr Amy Pryor: Can I add something to that? Certainly within the south-west and the south-east, fishermen have told us that there are plenty of skilled crewmen out there, but they move around a lot. They go where the opportunity is. Something as simple as a database that tells young fishermen where there is a fishing opportunity, and for how long, would go a long way towards filling those gaps and making it a bit more attractive to be a nomadic land-based fisherman going between different fishing communities to fill those holes.

Paul Sweeney Portrait Mr Sweeney
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Q I would just like to ask for your view of the grant system offered in the Bill. Do you think it may support smaller fishermen, particularly when we are looking at fleet renewal and the potential industrial benefit to the UK? Do you think it is an opportunity? Do you think it needs better definition, or is it too vague?

Dr Amy Pryor: I personally think it is a bit too vague at the moment. The examples that we have had through the European fisheries fund and the European maritime fisheries fund have gone a long way to enabling fishing communities—especially the community-led local development mechanism and fisheries local action groups. Where they have worked well, they have worked extremely well. They have had a huge impact and have gone on to bring millions in investment into the local economy, benefiting the whole coastal community. As an enabling Bill that says, “We are committing to provide financial assistance,” it is great, but it could be a lot more prescriptive and detailed. It could break that down and really represent the different sectors of the wider coastal community, as well as the fisheries.

Elaine Whyte: I would add that it is important that we somehow define fisheries through this, because I know a lot of instances where fisheries funds have been used for something that fishermen on the ground have probably never had any benefit from. It is good that we consider who the stakeholders are, how we want this to be used and whether fishermen will ultimately get the benefit of it. It is particularly important at a time when there is a lot of money coming into the fisheries policy sector from environment non-governmental organisations and charities and whatnot—I counted about £4 million into Scotland in the last couple of months for people influencing fisheries policy. We need to be enabling our fishermen to do something positive.

Fisheries Bill (Third sitting)

Brendan O'Hara Excerpts
Thursday 6th December 2018

(5 years, 5 months ago)

Public Bill Committees
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Luke Pollard Portrait Luke Pollard
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Q One of the areas about redistributing quota, both new and potential if we get any drawdown from our EU friends, is allocating that on more economic, environmental and social grounds. Is that an area where, from your point of view, there could be benefits in terms of environmental protection and investment in coastal communities? Is that an area that you would support?

Rebecca Newsom: Absolutely. Greenpeace is working with the Greener UK coalition as well as the New Under Ten Fishermen’s Association, the Scottish Creel Fishermen’s Federation and Charles Clover’s Blue Marine Foundation, to push for a more robust approach to distributing quota—existing, new and future—on the basis of environmental and social criteria. It stands to benefit the entire fishing industry in terms of driving a race to the top for fleets of all sizes, which would have the opportunity to access fishing opportunities as long as they conformed to environmental standards and things such as giving local employment to communities. We see that as a huge opportunity.

Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
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Q What importance do you feel the Government attach in this Bill to conservation, sustainability and protection of the ecosystem?

Andrew Clayton: Referring to the objectives again, I think the fanfare with which the Bill was published emphasised sustainability and put it at the heart of what the Government are trying to achieve. The language in the objectives is ambitious to the extent that it mirrors some of the existing commitments. I have already described the serious concerns I have about the shortfall in the sustainability and precautionary objective.

Learning the lessons from the CFP, the important thing under this Bill is that the Government pave the way for implementation—that is why it requires slightly more binding commitments in it—and through the joint statements, to ensure that is implemented in practice, with sufficient deadlines and some concrete detail. Fisheries is a policy area that suffers constantly from short-termism and highly politicised annual decisions. It is important that future Fisheries Ministers are not put under as much pressure to make short-term, short-sighted decisions as previous Fisheries Ministers have been.

Debbie Crockard: The ambition here is for world-leading sustainable fisheries management. At the moment we do not have a duty in this Fisheries Bill to meet the objectives in the Bill. Those objectives cover a lot of very good things—sustainability and a precautionary approach—but without the duty there is no clear obligation to deliver those objectives. Without that clear obligation you are in a situation where they might not be met and there is no obligation to meet.

Brendan O'Hara Portrait Brendan O'Hara
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Q Do you think that the Bill as it stands improves or will adversely affect conservation, sustainability and the eco-environment?

Debbie Crockard: It has the potential to improve it if it becomes binding. A lot of these objectives are very good, but they have to be binding; they have to allow us to make those steps to world-leading sustainable fisheries. Without that binding obligation and without the obligation for MSY and without the improvements in CCTV and monitoring and information and data collection, we will struggle to prove that we are even making those changes to sustainability.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - -

Q How confident are you that, without that binding mechanism, this will work?

Debbie Crockard: I think you just have to look, as Andrew said earlier, at the common fisheries policy. We have the binding objectives there, but there is still a lack of political push in many aspects to actually meet those things. MSY was supposed to be put in place by 2015, but it has been pushed back and back to the very last point, which will be 2020. Without that binding obligation, there is a lack of motivation.

Helen McLachlan: That was demonstrated by the CFP. The last reform introduced that binding commitment for a deadline. Prior to that, we consistently set limits over and above that recommended by scientists. Since that binding commitment was brought in, we have started to see those trends going the right way: biomass increasing, fishing mortality decreasing, and trying to balance our fleet sizes appropriately to the resources available to them. This is good in terms of the commitment, but the application will be absolutely critical. To have that duty and also the mechanisms around it in terms of monitoring what is coming up in the net, what we are removing from the sea and how we are being accountable for what we are removing, will be key to the success and the ability to say that we are talking about world leading fisheries. At the minute, without that, we are falling behind.

Andrew Clayton: Also, it is not just about the application. The removal of the requirement to set fishing limits at sustainable levels is a clear signal that we will aim lower, so it is not just the application. As drafted, it sends a message that we will go lower than the EU.

Marcus Jones Portrait Mr Marcus Jones (Nuneaton) (Con)
- Hansard - - - Excerpts

Q Sustainability is clearly important. Several of you have mentioned the remote electronic monitoring equipment, as have other witnesses. Is that technology sufficiently developed to do what we want it to do? Is there any evidence from where it is being used in other countries?

Helen McLachlan: Yes, very much so. Electronic monitoring systems have developed quite rapidly in the last decade and are now standard operational practice in certain fisheries around the world. In the US, for example, the national administration there has taken the decision that there is no need for further piloting; they just need to get on and do it. They currently have between 25% and 30% of their fleets covered by electronic monitoring. New Zealand has just taken the decision to roll it out across the whole of their fleet. That is in the process of happening.

Numerous other countries have started to adopt it, not just as a means of monitoring but in recognition the things that New Zealand cited, for example: reduction of waste, so it incentivises more selectivity; reduction of discards; and greater economic returns, because you are no longer taking out lots of smaller fish but allowing them to stay in the water longer. Your biomass and the health of your stock in terms of the make-up of age classes is better. Also, in terms of public confidence in the fisheries, the ability to say, “This comes from a highly sustainable fishery,” is a great thing. Coming back to your point on data provision, Mr Pollard, and the data coming out of the system, being able to build into the assessments gives greater confidence in that management. Quite often, if you have higher confidence levels in what you are talking about, your quotas start to increase because your confidence is greater.

There are benefits all around, and I think more and more Governments across the world are realising that. It is a cost-effective and robust means of doing that. Here in the UK we have several vessels currently operating with it and saying that they have benefited from it, because it has been able to demonstrate that sometimes what fishermen see in the water is not what they are being recommended by scientists, so they have said, “We can use this as a great tool to be able to say, ‘Actually, what we’re seeing is here.’” There is an ability to be very responsive in the management, turning it around very quickly—not quite in real time, but very close to it—and allowing adaptive management.

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None Portrait The Chair
- Hansard -

Order. I am advised that free movement is beyond the scope of the Bill.

Brendan O'Hara Portrait Brendan O'Hara
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Q I have a question for Mr Brown about the importance of the shellfish industry. As the Member of Parliament for Argyll and Bute, I understand the importance of shellfish to my west of Scotland constituency the. Do you think that the shellfish industry has been adequately heard in the debate, or do you feel that you have been slightly subsumed into the big fishing producers and big organisations? Are your concerns adequately covered in the Bill?

Andrew Brown: Obviously, fisheries have played a prominent role in Brexit and there has been a lot of publicity about the possibility of additional quotas. The fact that inshore fisheries and shellfish fisheries will not gain from that has probably been underplayed. There is certainly that aspect to it. We want to see tools in the Bill to allow Ministers to manage shellfish stock sustainably. If anything, shellfish stock management has probably lagged considerably behind demersal and pelagic management because of some inherent difficulties in the stocks, given their patchy distribution across UK waters.

However, it has always been the kind of fishery that new entrants have come into, because if you are a new entrant to a fishery you need three things: a licence, a vessel and a quota. Those are all expensive, but to get into the shellfish sector you do not need your quota, because they are non-quota stocks. The main way to get into the fishing industry is through the shellfish sector, and to try to build up a quota from there. That means that the entrance to shellfish fisheries is not very well controlled. Consequently, it is difficult to use management levers.

We would try to increase the significance, or the relative importance, that shellfish fisheries have in the Bill. Scallop shellfish fisheries are the most important fisheries in England, and the third most important fisheries in the whole of the UK, in terms of value. They have not been given the kind of management, attention and science that they need.

Brendan O'Hara Portrait Brendan O'Hara
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Q You talked about the financial and time cost of any barriers being put up. It is essential that a lot of the live product gets to continental Europe as quickly as it can. Are you confident from what you have seen in the Bill, and from what you have heard from the debate surrounding the Bill, that those time costs in particular will not damage your industry?

Andrew Brown: I am not sure that much can be done on this on the face of the Bill, but obviously, on how ports are managed and facilities maintained, within the Bill there is certainly the power to award grants to support infrastructure to someplace where you might have looked into their storage and freezing facilities. But yes, you are right; any kind of delay becomes quite significant. A two-hour delay on a motorway heading towards a port can mean you miss the ferry, which can lead to a day’s delay. An awful lot needs to be done to ensure the smooth running of this. Local authorities are involved as well, because we need export health certificates from them. There is a lot of work to be done to ensure that delays are minimised to the smallest amount possible.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - -

Thank you very much. Thank you, Mr Robertson; I am sure my esteemed colleague has now reworded his question.

None Portrait The Chair
- Hansard -

We will come back to Mr Brown, but we have to move over to the other side.

Fisheries Bill (First sitting)

Brendan O'Hara Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 4th December 2018

(5 years, 5 months ago)

Public Bill Committees
Read Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 December 2018 - (4 Dec 2018)
Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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Q Mr Armstrong, the Scottish Fishermen’s Federation suggests that you represent every owner and skipper from Solway to Shetland. For the record, could you tell us who you represent and about the diversity of the fishing community in Scotland?

Bertie Armstrong: We represent the 450 businesses that are responsible for most of the quota species. For the non-quota species, a large number of vessels are one handed or two handed. They belong to no associations—that is not being dismissive, but if you are a one-handed fisherman, you do not have much time for politicking. We have the whole of the Shetland Shellfish Management Organisation and the whole of the Orkney Fisheries Association, but not the Western Isles Fisherman’s Association or some of the smaller associations down in the Clyde.

Brendan O'Hara Portrait Brendan O'Hara
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Q Clause 1(7) on page 2 and clause 10 on page 6 talk about the location of home ports and how licences will be administered by Scottish Ministers or by a Northern Ireland department. As regards your membership, how important is it that, within the confines of the Bill, there is a level-playing field across the United Kingdom post-Brexit, and that one part of the UK is not given a competitive advantage over another in fishing?

Bertie Armstrong: I am not seeing much in the Bill that awards that. Be aware of the stats here—I am about to make a statement of fact, not opinion. About 60% to 65% of the UK’s fish landings by volume and value come from the Scottish fleet. That is just an observation of the facts. With access to waters, the position of the ports, where the fish live, and a couple of decades of contracting and rationalising the industry, we have ended up with quite a lot of concentration in the core areas of Scotland.

I am aware—I am very concerned—that there should be a level-playing field and no prejudice against any area, but I am comforted by the fact that business will take care of that, as long as there is nothing obstructive. The whole point of the future is the increased economic activity, which business will take care of.

Brendan O'Hara Portrait Brendan O'Hara
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Q So you have no concerns that any one part of the United Kingdom may be given a competitive advantage against another post-Brexit?

Bertie Armstrong: It would be helpful if you framed the question as to which part you think is prejudicial.

Brendan O'Hara Portrait Brendan O'Hara
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Q If Northern Ireland were given preferential treatment ahead of Scotland, Wales and an English fleet.

Bertie Armstrong: We are back to the backstop, and that will kick in only if the backstop kicks in. Anybody’s guess around this room is as good as anybody else’s guess.

None Portrait The Chair
- Hansard -

We are drifting a little. I am keen to extract maximum benefit from our witnesses. We have three more questioners, so I will move on, if you do not mind, Brendan.

Fisheries Bill (Second sitting)

Brendan O'Hara Excerpts
Tuesday 4th December 2018

(5 years, 5 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Peter Aldous Portrait Peter Aldous (Waveney) (Con)
- Hansard - - - Excerpts

Q My question is a variation on the Opposition spokesman’s point. It is commonly recognised that the inshore fleet—the under-10s—has had a raw deal as far as access to quota and fishing opportunities is concerned. The Bill is largely based on the assumption that an increase in opportunities, as a result of taking back control of our waters, will give us an uplift that will provide additional fishing opportunities for the inshore fleet. Do you think that goes far enough, or do we need to look at something bolder and more radical in terms of quota allocation or fishing opportunities?

Jerry Percy: Our main concern is that the Bill is predicated on a successful fisheries Brexit, if I may call it that, with a significant windfall of quota. Again, with the greatest respect, that would get the Government out of the hole that successive Governments have painted themselves into—if I may mix my metaphors—in that because there is only so much in the UK pie of quota, they are somewhat hamstrung, in their view, in their ability to reallocate more fairly and effectively. Not surprisingly, we disagree with that version and there is legal argument that they could do so, albeit slowly—that was said by the judge in a judicial review in 2012.

I gave an answer earlier about moving the method of allocation to become genuinely reliant on the social, environmental and economic criteria, but I do say genuinely because the UK Government are also already subject to article 17 of the common fisheries policy, which says something similar about allocating quota on those three criteria. The Government have argued that they meet those criteria. I personally do not think that they even remotely reach them in many respects. If we are going to have a revised method of allocation, we need an undertaking or to ensure that the Bill does what it says on the tin.

Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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Q Thank you for coming along, Mr Percy. We have heard a lot about control of our own waters, but that has to be set against access to markets, particularly for your members. How confident are you that the interests of your members are fully understood and fully protected by what is in the Bill?

Jerry Percy: I do not think it goes far enough in some respects. Again, going back to the common fisheries point, the European maritime funding document says that member states shall produce an action plan for the development of their small-scale fleets. To date, we have not really seen anything to that extent, and there is nothing specific in the Bill in that respect.

Our main concern is that, from a non-quota, shellfish perspective—this is particularly reflected in our members and colleagues in the Scottish Creel Fishermen’s Federation, who asked me to mention it, which I am more than happy to do—the whole business of hundreds, if not well over 1,000, boats around the west coast especially, and the east coast of Scotland to some extent, as well as Wales and the rest of the UK, is based on seamless transport across the channel to our markets in France and Spain. Their main concern, of course, is that if any issues come up in a post-Brexit scenario where we seek to take back control, not only will we get tariffs, which will make a big difference, but what is more, there will be non-tariff barriers in terms of the requirement for veterinary inspections of live shellfish. At the moment, the only two ports with those facilities are Dunkirk and Rotterdam, neither of which we use and neither of which, effectively, is a Channel port. To date, the French have not exactly been quick off the mark in building new facilities in time for next year.

We are equally concerned about the fact that French fishermen, like French farmers, are renowned for taking very direct action should they feel that something has upset them. You will remember that when the French farmers got upset about some aspect of Welsh lamb exports, they actually burned the lorries as they came off the ferry in France. We are very concerned that if we do have an independent coastal state, and so on and so forth, it would kill that transport overnight. We only need a few hours’ delay for it to make all the difference in the world.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - -

Q As the Member for Argyll and Bute, I take on board what you are saying. We are absolutely dependent on speed of access to market. What should we in this Committee be looking at over the next few weeks to ensure that vital shellfish market remains open and there is that speed of delivery from Loch Fyne to Madrid, for example? How do we ensure that that is as seamless as possible, and that we keep those vitally important markets?

Jerry Percy: There has to be a balance in the negotiations, permitting some level of access to our waters—although much less than currently—to ensure that we do not have those non-tariff barriers, and that the facilities, including on the French side, permit us to have that seamless transport and that there are no road blocks in the meantime.

David Duguid Portrait David Duguid (Banff and Buchan) (Con)
- Hansard - - - Excerpts

Q On access to market versus access to waters, I think you mentioned that there would be some exchange of access for quota in any future arrangement. I presume you would agree that it is important that, as an independent coastal state, we have full control of that access so that we can use it as leverage. I hesitate to use the phrase “bargaining chip”, but when we go into future annual negotiations, that has to be the leverage that we have.

Jerry Percy: Absolutely. We should start with a clean sheet: “We are an independent coastal state. That’s that.” We have a clean sheet and nobody has the right of access. Then there will inevitably be negotiations and bargaining, and that balance is going to be extremely difficult, because Mr Macron, the Commission and others have already made clear that they want the status quo to be the basis of any further negotiation. The Government will have their work cut out to try to sort that out.

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Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

Q Finally, what percentage of inspections result in you finding that rules have not been complied with?

Phil Haslam: At sea, it can be as much as one in three where you find some level of non-compliant behaviour. Not all of that ends up in a court room. Some of that can be covered off with a verbal re-brief, because it is a genuine misunderstanding. At the other end of the spectrum is known behaviours. That is where we will have prosecution.

Brendan O'Hara Portrait Brendan O'Hara
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Q Following on from what Mr Lefroy was saying, in planning for a no-deal Brexit or a much-changed situation, what analysis has been carried out by your department about the different nature of the increased threat post-Brexit? Based on that, what assessment has been made of how your capability is going to have to grow to meet that increased threat?

Phil Haslam: The project that I am driving has basically considered several options, one of which is no deal. Access would no longer be guaranteed; therefore, a risk that comes off that would be illegal incursion to the EEZ. There are others options where access is permitted and there is non-compliance with the conditions of that access, so something has to be done about that. The other thing is that there could be a risk of non-compliance from home fleet, based on difficulties with the outcome of the negotiations or whatever. However, from a purely regulatory enforcement perspective we have weighed those risks, and that is the way we have built the additional capability.

Brendan O'Hara Portrait Brendan O'Hara
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Q Do you have the capacity, the capability and the funding to meet the worst-case scenario that we have talked about?

Phil Haslam: That is where our judgment has been made, and that is where the bid has gone in. We are building that capability in order to be able to deploy it within the timescales, so by March.

David Duguid Portrait David Duguid
- Hansard - - - Excerpts

Q Still on the subject of fisheries protection, you mentioned airborne surveillance earlier. One of the questions that fishermen in my constituency keep asking is: how does the eye in the sky seeing something wrong—somebody shooting their nets where they should not be shooting their nets, or whatever it is—turn into some kind of enforcement or some kind of actual protection, particularly in the future when there is no automatic equal access to our EEZ?

Phil Haslam: The intent of redeploying aerial surveillance on a more routine basis is to cover off any risk that we do not continue to receive data that we receive now through the vessel monitoring system and the like. We would need a mechanism to build a picture of what was happening in our waters. If it is not derived remotely from a location device on board a vessel, we will have to actively go out and build that picture.

What the aerial surveillance does in the first instance is build situational awareness of what is going on in the water. If, once you have that, you see in among it non-compliant behaviour, it can operate as a queueing platform. Either it can queue in a surface vessel to come and take subsequent action, or you can warrant the air crew so that they can issue lawful orders, whether it be, “You are required to recover your gear and exit our waters,” or whatever it is. That can be passed from the aircraft.

It is not an entire panacea. It cannot stop non-compliant activity, because it is clearly airborne, but it gives you, first and foremost, that picture. It has a very clear deterrent capability, and it can start a compliance regime by queueing.

Oral Answers to Questions

Brendan O'Hara Excerpts
Thursday 29th November 2018

(5 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Carol Monaghan Portrait Carol Monaghan (Glasgow North West) (SNP)
- Hansard - - - Excerpts

4. What representations the Commission has received on bullying and harassment since the publication of the Cox report.

Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
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5. What representations the Commission has received on bullying and harassment since the publication of the Cox report.

Tom Brake Portrait Tom Brake (Carshalton and Wallington)
- Hansard - - - Excerpts

The Commission has received representations from individuals, companies, the unions, interest groups and hon. Members, for which we are extremely grateful. Correspondence has included general opinion as well as extensive comment on the report’s findings. We have also received offers of assistance from both companies and individuals on the approach that we should take to maximise the opportunities for change.

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Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I certainly agree that we need to ensure that we have 50:50 representation in this place. No doubt the hon. Lady, like me and others here, has taken part in events to promote that. Clearly, we cannot wait until we have 50:50 representation to address these very serious issues. That is precisely what the Cox report and, indeed, the White report that is now under way are focusing on to ensure that we address this problem as quickly as possible, not in the next 50 or so years’ time.

Brendan O'Hara Portrait Brendan O’Hara
- Hansard - -

The Cox report revealed that a culture of bullying and harassment had spread to every part of this place. Can the right hon. Gentleman assure me, and give confidence to all those working across the estate, that if a complete, top-down reorganisation is required to effect genuine and lasting change, that will happen, and that seniority, length of service or any other factor will play no part in shielding anyone from scrutiny or criticism where it is warranted?

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I can certainly give the hon. Gentleman that assurance. I think that the House, and everyone in this place, has recognised that there is a serious issue that we need to address. I would draw his attention, and that of other Members, to an email that is sitting in their inboxes encouraging them to take part in the consultation around the grievance scheme to ensure that, for instance, allegations of historical abuse are effectively addressed within the scheme. I hope that he and others will want to contribute to that.

Fisheries Bill

Brendan O'Hara Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018

(5 years, 5 months ago)

Commons Chamber
Read Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
- Hansard - - - Excerpts

It is a pleasure to follow the hon. Member for Edinburgh North and Leith (Deidre Brock)—it is always good news when she finishes. In a competitive field, fishing is a clear winner of the stakes of the area in which the EU has shown maximum incompetence and caused maximum damage. I was made the shadow Fisheries Minister a long time ago, way back in 2004. I travelled all around the coast of the United Kingdom, down to South East Cornwall and up to Whalsay in Orkney and Shetland. I also went right across from east to west, seeing really successful fisheries in Norway, the Faroes, Iceland, Newfoundland, Nova Scotia and down the coast of the United States, and I went to the Falklands. My conclusion, which I do not resile from, is that the common fisheries policy is a biological, environmental, economic and social disaster. It is beyond reform, and I do not resile from a single word of my Green Paper, written back in January 2005.

Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
- Hansard - -

On the common fisheries policy, just in case the right hon. Gentleman should be tempted to try to rewrite history, I hope that he acknowledges that despite all the bluster that we are hearing from Government Members about the CFP, the Conservative party’s fingerprints are all over it. The Conservative party was compliant in its creation and has been actively implementing the CFP for the past 40 years. Will he acknowledge his party’s role in implementing it for the past four decades?

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Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
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As the Member of Parliament for Argyll and Bute, a constituency with an aggregated coastline longer than that of France, I am well aware of the importance of fishing and aquaculture to the economic wellbeing of my constituency and communities around the UK. I am also very aware of the dangers faced by fishermen, with the community of Tarbert, in particular, still mourning the loss of Duncan MacDougall and Przemek Krawczyk when the Nancy Glen sank in January this year.

As well as having an inshore fishing fleet, we in Argyll and Bute also export huge quantities of shellfish—some of the best in the world—and we are proud to be the home of many world-renowned salmon, halibut and trout producers. This means that there are significant differences between the industries on the west coast and those on the east, but that does not mean that they do not share common ground. First, they both rely on guaranteed, fast, unhindered access to markets. Secondly, they need to be able to recruit the right people to crew their boats, and they need sufficient numbers of people to process their catch quickly and efficiently and dispatch it to where it has to go—much of it to continental Europe.

They also share common ground on their justified fear of what is contained in the Government’s withdrawal agreement, because that agreement does not provide the frictionless trade that they want and need, nor does it guarantee access to the workforce that they require. Arguably, most damagingly of all, it puts Scotland’s fishing industry at a competitive disadvantage compared with Northern Ireland. In short, what the Prime Minister is proposing does not guarantee a bright future for the Scottish fishing industry.

The fishing industry, particularly on the west coast of Scotland, is facing a recruitment crisis. I was very pleased to hear my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) raise that issue, because we desperately need the ability to recruit fishermen to work on our boats and in our processing factories.

As I suspected we might, we have heard a great deal this afternoon about the shortcomings of the CFP, and I, for one, will not defend it, but let me be clear: as I said earlier this afternoon, despite all the bluster and obfuscation from the Conservative party, it was complicit in the CFP’s creation and has been actively implementing it for the past 40 years. Since 1970, the Conservative party has been in power for 38 years. From Ted Heath, to Margaret Thatcher, John Major and the rest of them, the Conservative party’s fingerprints are all over the CFP.

Let the record show that since the early 1970s the SNP in this place has been the consistent and vocal opposition to the CFP. I can understand why that makes nervous listening for Conservative Members. Despite their attempts to position themselves as the champions of Scottish fishing, the truth is that Conservative Governments down the years have time and again sold out the fishing industry when convenient. Deep down, they know that that is exactly what this Government are planning to do again. I look at the sprinkling of long faces on the Government Benches, and their demeanour is very different from what it was a year ago, because the Scottish Conservative Members know that they have been hung out to dry by their own Prime Minister and that the promises they made to the fishing communities in the north-east of Scotland before last year’s general election are absolutely worthless.

I am sure that the Scottish Conservative Members will have read, probably through the cracks in their fingers, the article by Mure Dickie in yesterday’s Financial Times, when he highlighted the reality of what is happening in the north-east of Scotland. One Peterhead-based fish wholesaler told him:

“I think we have been sold down the river once again. It is an absolute disgrace.”

He is right—it is an absolute disgrace—but this is what happens when it turns out that the one-trick pony cannot even perform the trick.

It certainly did not take long for the “cast-iron” guarantees of the 2017 general election to become the latest addition to the shameful roll call of Tory betrayal of the Scottish fishing industry. Does anyone believe that had Scotland been in control of its own fishing assets in 1972 we would have allowed this vital industry to be treated as a bargaining chip in the way it has been for the last four decades? Only an independent Scottish Government can adequately look after the interests of our fishing industry; only an independent Scottish Government will recognise the significance of this industry’s contribution to our economy; and only an independent Scottish Government can be relied upon not to use our fishing industry as a bargaining chip.

The stark truth is that the glib and hollow promises made last year by career-hungry candidates wearing blue rosettes are now unravelling, because they were all predicated on a UK Government acting in the best interests of the Scottish fishing industry. History has taught them nothing. I look forward to the day when an independent Scotland, as a member of the European Union, can help to shape a common fisheries policy that works for us and is of benefit to our neighbours as well.

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Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
- Hansard - - - Excerpts

It is an honour to follow my friend the right hon. Member for Witham (Priti Patel) in this important debate. As Members have said, this is the first time in over 40 years that the House has considered primary legislation on what is one of our most important industries. While some Members might be churlish and blame the Conservatives for taking us into the CFP, the fact of the matter is that I hope they take us out properly, and get us out totally, completely and absolutely—free, unfettered and unbowed, with a new policy for our fishing industry once and for all. Little wonder there have been waves across the Chamber because of the excitement of our getting out of the European Union. The only reason why we are having this debate is that the people of this United Kingdom took a decision—“It’s time to leave.” I hope that the Bill honours that decision by over 17 million people and that we will leave the EU and do so properly. I look forward to that.

Those member states that wish to stay with the common fisheries policy and to be supplicant to the EU should consider their priorities. My nearest neighbour, the Republic of Ireland, takes 40% of its total allowable catch from our British waters and is further dependent for processing on British trawlers that have landed their catches from the seas of Northern Ireland.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - -

Will the hon. Gentleman accept that I, as the Member for Argyll and Bute—a constituency that overwhelmingly voted to remain in the EU—am indeed listening to my constituents when I stand up and fight for their right to remain in at least the single market and the customs union?

Ian Paisley Portrait Ian Paisley
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I have no doubt that the hon. Gentleman represents his constituents in the way he wishes, and does so valiantly. He is of course entitled to do that and to have a different opinion on this matter, but we do have to leave the EU.

I want to address the issue of how the Irish Republic currently treats its neighbour, Northern Ireland. We have the voisinage agreement, which has not been raised today. It disgusts me that the Republic of Ireland keeps talking about not wanting a hard border in Northern Ireland and says that that would be a disgrace, yet has created what is effectively a hard border for County Down fishermen by breaking the voisinage agreement time and again. How is the Irish Republic going to treat Spanish fishermen when they are not allowed to fish in British seas after we leave the EU? How is it going to treat people from other member states? If it treats them in the way it has treated the people of Northern Ireland, those fishermen will feel a hard border within Europe also.

Leaving the EU: Fisheries Management

Brendan O'Hara Excerpts
Tuesday 20th March 2018

(6 years, 1 month ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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My admiration for the hon. Gentleman knows almost no bounds. He is right: the common fisheries policy has been bad not just for Britain, but for fish throughout the European Union. My only hope is that he will not only have an opportunity to see our shared ambition for a Britain outside the European Union fulfilled, but will be able to persuade socialist and progressive colleagues across the European continent to reform their own governance in a way that is genuinely liberating, as he has long advocated.

Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
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As I look across at the faces of the Scottish Tories who are once again witnessing the United Kingdom Government betraying Scottish fishing communities, never has the phrase “done up like a kipper” seemed more appropriate. Can the Secretary of State explain to the bewildered fishing communities in my constituency why he has signed them up to what he described nine months ago as the “disastrous” common fisheries policy for a further two years, on worse terms than they are currently experiencing?

Michael Gove Portrait Michael Gove
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Listening to yet another Scottish National party spokesman denying the reality of the SNP’s adherence to the common fisheries policy and attempting to cover it up with a weak pun, I felt that I was witnessing yet another audition for someone to appear on Alex Salmond’s rt.com talk show. It is the combination of bad taste and poor humour that has been exhibited by so many on those Benches.

UK Fishing Industry

Brendan O'Hara Excerpts
Thursday 7th December 2017

(6 years, 5 months ago)

Commons Chamber
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Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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We have heard many times this afternoon about the importance of the fishing industry and the role it plays in the economic life of our coastal communities, including my Argyll and Bute constituency, where the industry—including the hugely significant shellfish industry—is one of the mainstays of our local economy. So I have a keen interest in the health and wellbeing and sustainability of the fishing industry and the seas that provide some of the finest seafood in the world.

It is easy to talk about the Scottish fishing industry as though it is one entity, but of course there are vast differences between the west and east coasts of Scotland. I want to highlight some of the challenges facing boat owners and skippers on the west coast.

What I am about to say will come as no great surprise, I suspect, as it is an issue that I have raised several times in my two and a half years in this place. I seek a relaxation of the Home Office rules to allow non-EEA crew members to work on vessels operating inside the 12-mile limit on the west coast. Unlike the east coast, where 12 miles is 12 miles, for the west coast’s islands and coastline, the 12 miles extends a vast distance out into the Atlantic—a distance that few inshore vessels can or will travel before reaching international waters. All vessels inside that limit have to be crewed by UK or EU citizens. In the current climate, recruiting EU nationals to crew the boats is becoming increasingly problematic. More than ever, we need to employ non-EEA crew to fill the gap.

In 2015 and again in 2016, I joined a delegation of Northern Irish and west of Scotland boat owners, skippers, fish processors and Members to the Home Office to ask it to relax the ban on international seafarers being permitted to work in west coast Scottish waters. On both occasions, our appeals were rejected. We were told, “Use EU or UK crew.”

I am now hearing from skippers in Oban, including Jonathan McAllister, that because of Brexit and the reluctance of EU nationals to commit to working on the boats, an already dire recruitment situation is in danger of becoming catastrophic. He and many of his colleagues are now seriously contemplating walking away from the industry.

I understand that a more constructive meeting was recently held with the Home Office. I sincerely hope that the Minister for Immigration gave a flicker of encouragement that a solution could be found; otherwise the west of Scotland fishing community will be facing the perfect storm, being unable to attract our valued EU citizens because of Brexit, while being barred from recruiting international seafarers from non-EEA countries.

I cannot overstate just how serious the recruitment problems are on the west coast. Just as we need EU nationals to work in our schools, our hospitals, our high-tech industries and our fields, so we need them to work on our seas. We also need those highly trained, professional non-EEA international seafarers to fill the gaps in our fishing fleet. I hope that the Minister does what his predecessors singularly failed to do and comes up with a long-lasting solution to the problems on the west coast.

We have heard much about the deficiencies of the common fisheries policy. I will not defend the CFP, but the SNP has for the past 40 years been resolute in its criticism of it. I think it right to say that the SNP has been the only party that has been consistently and vocally opposed to the CFP. When back in 1983 the poster girl for the Brexiteers, Margaret Thatcher, was helping to create the CFP, it was left to Donald Stewart, the leader of the SNP, to speak against it. I can understand why that history makes Conservative Members uncomfortable.

I look forward to the day when an independent Scotland, as a member of the European Union, is able to help to shape a common fisheries policy that works for Scotland and all our neighbours.

Animal Welfare

Brendan O'Hara Excerpts
Thursday 30th March 2017

(7 years, 1 month ago)

Commons Chamber
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Patricia Gibson Portrait Patricia Gibson (North Ayrshire and Arran) (SNP)
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I begin by expressing my thanks to the hon. Member for Tiverton and Honiton (Neil Parish) for initiating this debate? I was keen to speak because, probably like everyone else in this Chamber, I believe that the welfare of animals is extremely important. Certainly, my constituents in North Ayrshire and Arran have been writing to me in large numbers asking me to voice their support for stronger sentences for animal cruelty. This debate has a particular focus on puppy farming and that is something of deep concern to all of us. Although puppy farming has been banned since the 1970s, there are still those who overproduce puppies. We must all be vigilant and consider the ethical sourcing of pets.

We really should pay attention to banning the third-party sale of dogs right across the UK. Dogs should be available only from licensed, regulated breeders or approved rehoming organisations, and that should apply right across the UK. Anyone breeding two litters or more a year should be licensed as a breeder, and that is two litters fewer than under Scots law at the moment.

Animal welfare is, of course, devolved to the Scottish Parliament, but I have called for sentences to be stronger both inside this place and outside it. Wilful cruelty to animals is simply unacceptable in a civilised society. Indeed, the Scottish Government will continue to legislate to improve animal welfare. A consultation on offences and penalties under the Animal Health and Welfare (Scotland) Act 2006 will be held before too much longer. Despite the fact that there are different laws in England, Scotland and Wales, there are areas on which there is a huge amount of common ground.

The Scottish Society for the Prevention of Cruelty to Animals is unique among animal welfare charities in the UK, because it is a reporting agency to the Crown Office, which means that its investigators are authorised to enforce the Animal Health and Welfare (Scotland) Act 2006. Last year, the SSPCA helpline received 241,403 calls and its inspectors and animal rescue officers attended a record 80,944 incidents.

The Scottish Government do not publish the number of people convicted of animal cruelty, but a Freedom of Information request from February 2016 shows that in 2013-14, 284 charges were brought by the Procurator Fiscal, and that in 2014-15 the figure was 184.

Brendan O'Hara Portrait Brendan O’Hara (Argyll and Bute) (SNP)
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My hon. Friend is making a powerful speech. Like her, I, too, have an extremely large mailbag, with letters from constituents who are very concerned about this issue. We have heard an awful lot today about puppy farming, but not much about organised dog fighting. Does she share my concern that there are organised dog-fighting gangs in operation throughout the United Kingdom and does she agree that penalties and sanctions against these people should be much stronger and much harsher than they currently are?

Patricia Gibson Portrait Patricia Gibson
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Absolutely. In fact, we had a debate in Westminster Hall on that very issue. Like general animal welfare issues, it is a subject on which all people in all parties can unite. This is a despicable act, an horrific example of cruelty, that is conducted purely for the purposes of making money.

We all know that the popularity of programmes such as “Animal SOS”, “The Dog Rescuers”, “Pet Rescue” and “Animal 999” has raised public awareness of the animal cruelty and neglect taking place in our communities, but we must continue to be mindful of the crime of animal cruelty. It is a serious crime in our own neighbourhoods. Governments must lead by example, and I am proud that the Scottish Government have confirmed a host of new measures to improve and protect animal welfare. I am talking about tough new regulations on the use of electronic training collars; the prohibition of electric pulse, sonic and spray collars unless used under the guidance of a vet or another trained professional; a ban on wild animals in travelling circuses; and tough action on dog fighting and on irresponsible dog ownership.

When we see neglect, we must continue to ensure that the laws protect animals from such treatment, and that these laws are always fit for purpose. Sadly, there are too many cases, as reported by the SSPCA, of people who simply do not know how to look after an animal properly. It seems that quite a significant number of well-intentioned people welcome pets into their homes, but are simply unequal to the task of giving them the care that they need. That tells us that a job of public education and information needs to be undertaken so that potential pet owners are well acquainted with the full responsibility that having a pet places on their shoulders.

Where we find wilful cruelty—unfortunately, we find it too often—we must take it extremely seriously. As we have heard today, there is a connection between the wilful mistreatment of animals, and violence and mistreatment of fellow citizens. That, as well as protecting animals, should give us pause for thought. I am ashamed to say that the SSPCA has reported cases of “unimaginable cruelty”, and I honestly do not believe that a life ban on owning a pet is sufficient censure for such behaviour towards a helpless animal. There is plenty of evidence that such cruelty is a precursor to, and has a clear link with, violence against other people.

Fines or community service orders do not offer much of a punishment or deterrence against such behaviour. Cases such as deliberately starving an animal to death, knowingly locking an animal in the boot of a car in soaring temperatures in the full knowledge and understanding that it will not survive such treatment, and other horrible examples that we have heard today must surely be eligible for a custodial sentence. However, we must all be vigilant when it comes to preventing cruelty to animals. We are the eyes and ears of the agencies who seek to prevent cruelty to animals and challenge it where it takes place. We all have a responsibility to report cruelty or neglect wherever we find it. The courts across the United Kingdom must send out a clear signal that wilful cruelty to animals will not be tolerated and will be taken extremely seriously.

Before I end, there is something that is of concern to us all: the need to be mindful of animal welfare standards in farming post-Brexit. Brexit poses a challenge to animal welfare because EU law is at the heart of animal welfare legislation, which protects animal health, consumers and, of course, the environment. The EU sets down minimum standards. National Governments may adopt more stringent rules, but the UK Government have been resistant to gold-plating EU regulations in the past over fears that this would weaken UK competitiveness. As well as answering all the points that have been raised, I would like the Minister to reassure the House that there will be no diminution in our animal welfare standards as we seek to work towards unilateral treaties outside Europe.