Clause 184
Marine and Coastal Access Bill [Lords]
12:00 pm
Roger Williams (Brecon and Radnorshire, Liberal Democrat)
Thank you for that guidance, Mr. Gale. I would like to speak to a number of issues relating to clause 184 and the powers given to Welsh Ministers with regard to fisheries in Wales. They have, quite rightly, decided to form the IFCA in Wales. When we look at provisions in preceding clauses, it is not entirely clear whether they apply equally to Wales. Although Welsh Ministers have the power to introduce and confirm byelaws relating to fisheries, as I understand it they do not have the same powers as the Secretary of State regarding emergency byelaws. In clause 157, an IFCA has the power to impose an emergency byelaw if it believes that some element of the fishery system is exploiting a particular species, or a particular juvenile stage of that species. However, it is not clear whether that power falls to the Welsh IFCA, and therefore to the Welsh Ministers.
Under clause 157, an IFCA has the power to extend an emergency byelaw with the permission of the Secretary of State. My understanding is that the Secretary of State would not have any power to extend an emergency byelaw in Wales and, therefore, the power does not extend to Wales. I would like some clarification of that matter.
In the preceding clauses, definitions of particular issues are set out very clearly, but it is not entirely clear whether those definitions relate to Wales as well. For example, sea fisheries resources, exploitation, fishing communities, marine environmental matters and the marine environment are all defined, and that extends to those issues the power that an IFCA may have. It is not clear whether those definitions relate to the powers in Wales, so I should like some clarification of that as well.
In preceding clauses, a duty is placed on the Secretary of State to report on the sustainability of fisheries, on a four-yearly basis, as set out in the Bill. The hon. Member for Newbury has said that IFCAs have to report on an annual basis as well. There is, I accept, regular updating on the work of these very important bodies. However, there is no duty set out in the Bill for Welsh Ministers to report to the Welsh Assembly in a similar way. Elin Jones, the relevant Minister in the Welsh Assembly, has said that the Bill does not need to set out a duty for Welsh Ministers in that regard. They would do it naturally, because of their concern and their interest in these matters. However, I have tabled new clauses 2 and 3 to tease out the issues. They differ slightly because of the sensitivities and technicalities of the devolved settlement and the Government of Wales Acts 1998 and 2006.
New clause 2 imposes a duty on Welsh Ministers to report back to the Welsh Assembly. From my point of view, and that of my party, imposing duties from Westminster on a devolved Assembly is not within the spirit of the devolution settlement. We would prefer to give Welsh Ministers the power to determine how to carry out what we believe the responsibilities should be.
New clause 3 seeks to amend the Government of Wales Act 2006, which sets out which matters are devolved and reserved. It does that by listing fields that are subject to devolution, and matters that are specific elements in those fields. The new clause sets out a new matter within the field that includes agriculture, fisheries, forestry and rural development:
“Provision to confer a statutory duty upon Welsh Ministers in relation to the management of fisheries.’”