Fisheries Bill [HL] — House of Lords, 2020-06-24
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, I am very grateful to the noble Baroness for her amendment, because it has provided the opportunity to debate the important subject of ensuring that the UK benefits from the valuable natural resource within our seas, a resource that is a vital source of food for our nation. The noble Lord, Lord Kennedy of Southwark, and my noble friend Lady McIntosh spoke powerfully of the really great communities along our coasts; we need to support them. I reassure the noble Baroness that this Government strongly agree with the sentiment behind the amendment. This is precisely why the Bill already accounts for both the amendment’s aim, as I understand it, and the means needed to achieve that aim Throughout the drafting of the Bill, the Government have been scrupulous in their respect for the devolution settlements. The Bill legislates for the UK as a whole only where the matter is reserved, or at the request of, and with the full agreement of, the devolved Administrations. For example, the fisheries objectives have been the result of a fruitful collaborative effort with the devolved Administrations, who have all laid positive legislative consent memoranda to begin the process set out in the Sewel convention. Accepting this amendment would mean legislating in areas of devolved competence. It would impose fisheries management policies on the devolved Administrations without their consent. Officials have engaged with their counterparts in the devolved Administrations and while they too recognise the intention behind the amendment, it has caused them great concern. I address this particularly to the noble Baroness, Lady Ritchie of Downpatrick, and I think the noble Lord, Lord McConnell, also touched on it, but, for instance, owing to the particular circumstances on the island of Ireland, at times it may need to take a different approach to the rest of the UK if necessary. This amendment would prohibit that, and we simply could not accept that I now address a concern raised by my noble and learned friend Lord Mackay of Clashfern, but also by my noble friends Lord Blencathra, Lord Naseby and Lord Caithness and the noble Lord, Lord McConnell. Of course, I recognise what the noble Baroness said about the consultation provision, but it is unclear what would happen as a result of the consultation if a devolved Minister did not want to agree to this landing requirement, as the Secretary of State is still bound to bring forward UK-wide regulations even without devolved Administration consent Turning to how I believe the amendment’s aim is met in the Bill, in Clause 1 the national benefit objective acknowledges that all UK boats fishing against the UK’s fishing opportunities should bring benefits to the United Kingdom. Under this objective, each fisheries policy authority is required to have policies in place to achieve it, while allowing each the flexibility to do so in its own way and in a manner which respects the devolved status of fisheries management That policy is currently achieved through licence conditions which ensure that all UK fishing vessels fishing against UK quota demonstrate a link to the UK economy. This condition can be met in a number of ways, each of which brings different benefits to the UK. The noble Lord, Lord Krebs, mentioned a number of them, but I think it is important that I put on the record exactly the range of them. Those ways include landing at least 50% of their quota stock catch into UK ports; employing a crew at least 50% of whom are normally resident in the UK; spending at least 50% of operating expenditure in UK coastal areas; or by demonstrating an economic link in another way, usually through the donation of quota to the under-10-metre pool. That was a point made by my noble and learned friend Lord Mackay of Clashfern.