Fisheries Bill [HL] — House of Lords, 2020-11-12
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, four themes of the changes made by the Government relate to the Bill’s licensing provisions. I would like to make it clear why these changes were necessary and why they were made in the other place. Before I do so, I clarify for the noble Lord, Lord Teverson, today—if that is all right with your Lordships—that fisheries management plans will not be delayed and can be brought forward before the JFS is adopted. Clause 9 specifically provides for this. I am sorry; I should know the Bill better by now, but I hope that helps Government Amendments 11 and 26 are necessary to ensure we comply with the provisions of the treaty entered into with Denmark in 1999 on maritime delimitation between the United Kingdom and the Faroe Islands. That 1999 agreement provides for a special area in the UK exclusive economic zone, exclusively in Scottish waters, over which both parties exercise jurisdiction for fishery management purposes. The amendments to the Bill ensure that we can implement this treaty and meet that international agreement. They provide that Faroese-authorised foreign vessels can continue to fish in that area, which is 0.01% of the UK EEZ, without also requiring a UK licence. Were these amendments not made, we would not be able to implement the treaty, putting us in breach of our international obligations It was only through working on a new framework fisheries agreement with the Faroe Islands throughout this year that we were able to agree the approach to continued implementation of the 1999 treaty and to make these amendments. We have a very positive relationship with the Faroe Islands on improving the way the sea is managed and governed. International negotiations are reserved, but implementing international agreements, for example by licensing fishing boats, is a devolved matter. We have worked closely with officials and Minister Ewing in the Scottish Government, and colleagues across government, to come to an agreed approach that respects both reserved and devolved competence. Amendments 44 to 63 introduce a contingency arrangement to issue approval for foreign fishing vessels more quickly and make a consequential wording change. The preferred approach is to issue individual licences to foreign vessels which, following negotiations, may fish in UK waters. Experience has shown that, sometimes, some annual fisheries negotiations can extend into the next fishing year. It could then take some time for the various parties to collate the information needed for the licensing process. During this time, fishing activities would be disrupted, which could cause unnecessary tensions. We do not want to exacerbate those tensions or disrupt fishing further. This is a pragmatic response to such a circumstance and has the support of the devolved Administrations To manage this, the other place agreed to introduce this contingency approach, which would allow approval to be issued for a list of vessels, rather than individual vessels. This approval would be faster, but time limited until individual licences can be issued Amendment 64 revokes legislation in England, Wales and Scotland made as a contingency in March 2019 in the absence of the Fisheries Bill and in anticipation of an earlier departure from the EU. The Northern Irish legislation has already been revoked. The Bill provides for the regulation of foreign boats fishing in UK waters if access is negotiated. All foreign vessels approved to fish in UK waters will need a UK licence. We waited until we thought we had certainty that the Bill would receive Royal Assent before the end of this year before making these amendments as its licensing regime replicates and supersedes that in the contingency SIs Amendment 99 and consequential Amendments 97 and 101 are clear examples of where close collaboration between the four fisheries administrations has proved invaluable in ensuring that the Bill is doing what it needs to. The amendment revokes Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets, known as SMEFF. This regulation sets out part of the EU’s licensing framework. This is broadly similar to the UK’s framework for licensing so there is no need for a parallel regime such as SMEFF. I am grateful to Scottish officials for identifying the need for this change. That is why the other place agreed to revoke it Finally, on minor and technical amendments relating to licensing, Amendments 9, 70, 74 and 76 make minor changes to provisions that prevent powers in Clauses 36, 38, and Schedule 8 being used to modify the Bill’s licensing functions. Amendment 65 clarifies licensing transitional provisions. Two amendments were also made at the request of the Crown dependencies to Schedule 4, which deals with minor and consequential licensing amendments These are the changes that have been needed to the Bill’s licensing provisions and why they were brought forward in the other place. I beg to move.