Fisheries Bill [Lords]

Debate between Deidre Brock and Liz Saville Roberts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 13th October 2020 Commons Chamber

[Deidre Brock]

I think the hon. Lady is well aware of the SNP’s policy towards the re-entry of an independent Scotland into the EU, but I remind her that the Scottish Government have called the CFP

“the EU’s most unpopular and discredited policy”,

so we would certainly be starting negotiations from that point.

The National Federation of Fishermen’s Organisations sent out a briefing in advance of the Second Reading debate in which it said:

“If the Government backs down on its promises to the UK fishing industry, many of the objectives that the Fisheries Bill is aiming to achieve will be impossible.”

I do not share the optimism about the Bill in the first place, but I do share the concern about the impact on the fishing communities being sold out by a UK Government once again—sold out to get a deal on the way in and sold out to get a deal on the way out.

Brexiteers relied heavily on the fishing argument during the referendum, promising that leaving the EU would produce a “sea of opportunity”. That was only ever going to be for some of the fleets, and I fear that it will turn out to be nonsense for all of them. The repeated promises of this Government to our fishing communities over years that Brexit meant taking back full control of the seas have turned out to be as empty of delivery as the emergency Brexit ferry companies were empty of ferries. Chief negotiator David Frost confirmed that the UK Government were offering a three-year transition period for EU fishers in UK waters on top of the four and a half years since the referendum, but we still do not know what follows that. It beggars belief that we are in the closing months of the transition period and we are still negotiating terms with our nearest and most important seafood export market. We still have no outline of what those negotiations look like or what the possible deals might be. Fishing communities that rely on exports for the finances to keep their communities alive are being left hanging, with no deal or no prospect of a deal, massive bureaucracy if they now want to export, and huge queues at the border posts with only some vague promises that their product might be prioritised by customs. As an Ealing comedy, it lacks the humour and the humanity but it certainly has the farce in spades.

At the very least, we once again ask the Government to take this opportunity to give some assistance to our Scottish fishing communities and right an injustice that has been hanging around for a very long time and where they might do a little to make amends. New clauses 1 to 7 make the case effectively for devolving control of the Scottish aspect of levies imposed by Seafish to Scottish Ministers. It has long been the view of the Scottish Government that the current arrangements for the Seafish levy are not fit for purpose in Scotland and have had an ultimately detrimental effect on the promotion of our fine Scottish seafood. The inequity of the red meat levy has taken years to be resolved. It is more than time that the issue was finally resolved and management transferred to the Scottish authorities, as would be consistent with devolved competencies.

The new clauses would enable Scottish Ministers to further support the industry and promote the quality and excellence of our Scottish seafood products. While we will press only new clause 3 to a vote, I urge the Secretary of State and the Minister to revise their opposition to these very reasonable processes. New clause 3 brings transparency to the levy finances and the details of their distribution across the UK. Transparency seems to me to be a good thing. Surely no one could argue against that, and I can see no reason why the Government continue to resist it. After all, the Minister knows that a commitment was made at the time of the Smith commission that the Scottish and UK Governments would work together to explore whether to revise arrangements in respect of levy-raising using the specific examples of red meat and seafood. Now the red meat levy problem is finally on its way to being sorted, but I am afraid that the commitment to properly explore arrangements for seafood has not been followed through on. There has been no such work and no such exploration to date of those legal and practical arrangements, which is why I would like to see on the record today a commitment to do that, with a timeline to follow shortly thereafter for the long-promised internal and Department for Environment, Food and Rural Affairs review of sea fish, which would take on board all the matters covered in my amendments.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

One point that I think is important to many in the Scottish fleet, as it certainly is to the Welsh fleet, is to see an increase in the reserve quota that would allow greater flexibility for our fleet. We are keen to see a provision in the Bill that would seek assurance that in the future that will be the case.

[Deidre Brock]

All from the devolved authorities would like to see that, and the hon. Lady will recall that at the recent roundtable discussion between the National Federation of Fishermen’s Organisations and the Scottish Fishermen’s Federation the Minister said that a consultation will be taking place on the distribution of quotas between the devolved authorities. We are certainly looking forward to that. [Interruption.] And it has been launched today—good to hear.

New clause 3 would also mark a useful first step—long overdue—to giving effect to the agreed commitment in the Smith commission report. Fiscal transparency and accountability and a proper and thorough review of current arrangements would help determine whether an equitable share is being received and how to address any issues. This Tory Government may have forgotten the commitments made as part of that process to bolster devolution and strengthen Scotland’s powers, but we have not.

The Secretary of State made it clear the last time we debated this Bill that the involvement of the devolved nations had greatly improved it, but as that example shows, and as the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) has mentioned, the Bill is simply still not good enough. It is a hastily cobbled-together mess, as we see when we look at the dozens of technical amendments tabled by the Government in a frantic attempt to tidy it up. I feel sorry for the civil servants who have had to operate under these conditions. We are left simply wishing that the Government had listened to the devolved Administrations when they were saying that we needed an extension before leaving the EU or, even better, when they argued against leaving the EU altogether. Here we are being asked to agree skeletal framework legislation simply to cover this Government’s intransigence and their British exceptionalist view—it is a fig leaf for the absence of a realpolitik attitude in Whitehall, and a failure to appreciate the situation that the UK found itself in before the pandemic arrived or the massively worse situation that unfortunately it finds itself in now.

We do know, but I will remind the House, that the law of the sea will be the fall-back position if, as looks increasingly and disturbingly possible, we end up in the worst of all possible worlds, with no deal. I know that some people have laid heavy bets on that scenario and stand to make a lot of cash from it, but massive wealth in the hands of some is no substitute for a decent living for many.

The Prime Minister, in his best Bertie Wooster chant, wants to, “Get Brexit done”, as if there is a crock waiting for us at the end of a rainbow, but even if we get a deal done, we have no certainty of the position for fisherfolk. As I mentioned, the Minister has announced just now that a consultation is being launched that will debate how any additional quota will be divided between the four nations, but that is if any additional quota is there to be shared. As the scientific advice and information from the Marine Stewardship Council makes clear, stocks are not in the best of health, so there may not be extra quota to share over that three-year extension to the transition period. Equally, the Government have not outlined what they intend to do about the large chunks of England’s quotas vested in foreign vessels or what they think might be a sensible way forward for reallocating those quotas over the next few years. Will it be the fishing equivalent of a Government land grab, or will things just be left well alone, so that the “sea of opportunity” remains nothing more than a “Narnia” tale to be recounted in years to come. The referendum was a couple of Tory Prime Ministers and two snap elections ago, but there still has not been anything worked out about how to deal with the fall-out. The light is dimming on our EU membership and only now, after this painfully long journey, is the question being asked about what to do. We recognise that some sort of legislative framework is needed; I should speak here to amendment 57 before I conclude. We propose inserting the word “short” before “long term” to ensure that sustainability is not an objective that can be kicked down the road and not dealt with until later, but must be worked on at all times. The UK, it must be admitted, is not achieving a sustainable fisheries management, so the amendment would encourage the UK Government to take into account sustainability when carrying out their duties. Our hope is that this will be seen as the constructive proposal that it is meant to be.

Fisheries Bill [Lords]

Debate between Deidre Brock and Liz Saville Roberts

Ways and Means resolution & 2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 1st September 2020 Commons Chamber

[Deidre Brock]

It is very interesting to hear the Scottish Tories being so protective of fishing communities. I only wish their current leader would go to make his apologies to Scotland’s farmers for the insults he offered them yesterday and the giant stooshie he created, which he will be some time recovering from. It does not matter how much the devolved Administrations want to do, they will not be able to prevent foreign fleets from fishing in our waters, as they always have, licence or no licence.

[Liz Saville Roberts]

As we are talking about devolved powers, I wonder whether the hon. Lady shares my concern that we do not know the mechanism by which the quotas will be divvied up among the four nations, nor what the arbitration arrangements will be, but we also have the anomalous situation whereby the Government here will act as poacher and gamekeeper for the UK-wide consideration of fisheries and also for the English interests.

[Deidre Brock]

I absolutely agree. I think there are major concerns on this and the Bill does not provide any sort of genuine framework. It is full of unknowns. It is built on the shifting sands of a Trade Bill where we have no idea what the outcome will be. Should we just shrug our shoulders and crack on? The fact that this Government have had more than four years to come up with this Bill and this is what they have arrived at is a disgrace. [Interruption.] I am sorry, but the right hon. Member for Orkney and Shetland (Mr Carmichael) is interrupting from a sedentary position.

We may be no longer contributing to the discussion on the common fisheries policy at the EU, but we will still, in effect, be subject to it or, even worse, getting the even less savoury end of the stick. Scotland’s fishing community is being sold out by the Tories once again: they were sold out as they went in and they are being sold out again as we leave the EU. Control of who can fish in Scotland’s waters will not be exercised by the Scottish Government, control over fishing in Wales will not belong to the Welsh and control over Northern Ireland’s fishing will not be decided in Stormont. Despite the bluff and bluster, that back door is wedged open.

There is a similar situation on the landing requirement, which was a creation of the amendment in the Lords—that only goes to show that it is not just the Government who do not get devolution. The landing requirement would be decided in Whitehall, after a brief consultation with the devolved Administrations—not an agreement with them, but a consultation. There is no scrutiny role for the legislators of the devolved Administrations, which are, after all, supposed to have a devolved competence in this area. The Scottish Parliament is being sidelined, as are the Senedd and Stormont.

Jack McConnell is the UK Government’s latest great champion in their futile campaign against Scottish independence, so it might be advisable for them to listen to him when he says, as he did in discussing this amendment, that he had

“some concerns about the constitutional principles relating to this amendment...I am concerned that the amendment simply talks about “consulting” the devolved Governments—particularly the Scottish Government, who have clear legislative authority—rather than “agreeing” with them a national landing requirement. I am interested in knowing the thinking on having a UK-wide national landing requirement imposed from the centre rather than agreed by consensus across the four nations”.—[Official Report, House of Lords, 24 June 2020; Vol. 804, c. 270-71.]

I think that is code, from a former First Minister of Scotland, for, “It will never work.” So fishing devolved is fishing retained, and it does not end there. The right of foreign fleets to fish in Scottish waters will be determined more by the actions of the UK Government in entering into international agreements than it will be by the Scottish Government and the Scottish Parliament, as will be quotas and days at sea—or “fishing opportunities”, to use the jargon of the Bill. There is, in black and white, the preparation for the UK Government rendering our fishing communities subject to the CFP even after we have left the EU. Clause 24 allows the Secretary of State to determine the maximum quantity of seafish that may be caught by British fishing boats and the maximum number of days that they may spend at sea. That is qualified in subsection (2) as being exercisable in relation to satisfying

“an international obligation of the United Kingdom to determine the fishing opportunities of the United Kingdom.”

That is the CFP in a bilateral agreement. Again, the Secretary of State must consult, but does not have to reach agreement with the devolved Administrations. But those Administrations will be responsible for ensuring that the rules laid down by Whitehall are enforced—hardly a partnership of equals, is it?

In clause 38 more powers are reserved to Whitehall that would be more useful in the hands of the devolved Administrations, including provision about fisheries, aquaculture and other things, again sheltering under the umbrella of international obligations. There are powers to impose quotas, limit time at sea, mandate processing procedures, determine what gear can be used and how, decide how fisheries products can be marketed, impose regulations over landings, setting targets on marine stock and to monitor and enforce compliance with all those powers. That takes enforcement away from the devolved Administrations. Again, the requirement is only to consult, not to agree with the devolved Administrations.