Fisheries Bill [HL] — House of Lords, 2020-03-11
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, I am grateful to the noble Lord for his amendment. We fully support the move towards greater transparency within the fishing industry, including producer organisations. Our fisheries White Paper recognised that producer organisations have a key role to play in managing our fisheries. This includes managing quota for their members, supporting their members to fish sustainably, matching supply with consumer demand and adding additional value to their catches through effective marketing. All of this is to support our industry to get the best possible price for the fish it catches. In future, as we reform our domestic fisheries management, implementing polices which are tailored to our fisheries, Defra will continue to work with English producer organisations to build upon their strengths. This work will also consider how to improve transparency The amendment would require corporate information about members, accounts, constitutions, funding and boards to be published on each producer organisation’s website. It would also require information about quotas and management plans to be published. It is worth noting that much of the corporate information on producer organisations, such as their annual accounts and details of their directors, is already published in public registers such as Companies House and the Mutuals Public Register. On top of this, some producer organisations also choose to publish further information. For instance, the Cornish Fish Producers’ Organisation has a clear, published list of board members and their vessels on its website It is important that any requirements to publish additional corporate information add to, rather than duplicate, the information already available. However, I acknowledge that not all producer organisations routinely publish all this information—at least, it is not published on their websites in an easy-to-access location. More could be done here, and we encourage all producer organisations to do so, but we must consider this matter carefully before introducing new statutory requirements. As well as not wanting to duplicate existing requirements, we must also consider whether such information would ordinarily be considered commercially confidential. It is not clear, for example, what exactly would be covered by information on sources of funding and what the impact of requiring disclosure would be Information on quotas and management plans is often published already, or at least is available to producer organisation members and the MMO. For example, the MMO already publishes monthly information on quota statistics. From this, it is possible to see the quotas held by each producer organisation and how they vary throughout each year. Earlier I gave the example of the Cornish Fish Producers’ Organisation—this is for the benefit of the noble Lord and my noble friend Lady Wilcox, who is not in her place. It also publishes a monthly bulletin setting out the catch limits that apply to its quota pool, and other producer organisations also publish such information. Producer organisations are also already required to submit production and marketing plans to the MMO. They require information about landings, turnover, volume of catches, marketing strategy and ways in which they will pursue their sustainability objectives. They also include a financial plan, which includes costs, expenditures and expected financial resources for each measure to be implemented within the plan. Progress against these plans is laid out within an annual report, which includes the expenditure associated with implementing the plans Again, I acknowledge that more could be done to improve transparency on quotas, but that is true of the quota allocation system generally and is not specific to producer organisations. In our debates so far on the Bill, we have discussed the complexity of the quota allocation system and how it makes it hard for lay persons to understand. We have undertaken work in the past to improve this—for example, through the introduction of the FQA register in 2013, which enables anyone to see who holds fixed quota allocation units. We aim to continue this work and to make the system easier to understand in the future. The Bill supports this aim by providing greater transparency through the Secretary of State’s determination of UK fishing opportunities, which will be laid before Parliament We have also said that we will continue to work with producer organisations, as well as other parts of industry and other stakeholders, to develop a new approach to allocating the additional quota that we expect to secure now that we have left the EU. As part of this, we will consider how to make quota management simpler and, importantly, more transparent There are also some practical issues relating to this amendment to draw to the attention of your Lordships. For example, the quota position of producer organisations will change during the year as a result of quota swaps carried out between them. It could therefore be administratively burdensome to have to produce an up-to-date record to comply with the provision as proposed here, especially if this is already published, albeit in a slightly different form, by the MMO. It is also unclear how this provision would be enforced in a practical sense and which body would have responsibility for doing so. It would not appear to form part of the existing compliance regime for producer organisations Therefore, I say to the noble Lord, in particular, that work is ongoing to explore the role of producer organisations in England and to move towards greater transparency within the fishing industry. In reviewing the functions and duties of producer organisations in the future, we will commit to consider specifically the need to improve transparency. We also recognise the need to improve the transparency of the quota system more generally. While this work is ongoing, we do not feel that it would be appropriate, or indeed probably wise, to include on in the Bill greater regulation for producer organisations I have a note from the Box to clarify for the noble Lord that producer organisations are mentioned in the Bill as a purpose for which regulations can be made. They appear in Clause 36(4)(m), "the functions, objectives or regulation of producer organisations" I hope that that is helpful. To clarify the point made by the noble Lord, Lord Teverson, about the allocation of quota, producer organisations have a number of functions including marketing and planning provisions. They do not allocate quota but manage their members’ quota. I say that from my knowledge; I am sure that the noble Lord is well aware of it Should we believe that legislation or legislative changes are required, then indeed Clause 36 would give the Government the powers to do so. We would, of course, consult stakeholders on the exercise of those powers as required by Clause 41. I fully appreciate that the noble Lord said that this was a probing amendment. I hope it is helpful to say again that this is a work in progress. The absolute guts of what the noble Lord said relate to work on which we are embarking. I hope that, with that explanation, the noble Lord will feel able to withdraw his amendment.