Fisheries Bill [Lords] — House of Commons, 2020-09-01
Topic: Mixed Topics
Deidre Leanne Brock (Scottish National Party, Centre-left): 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.