New Clause 8 — MCZs: duty to manage and mitigate impacts upon existing activities

Part of Oral Answers to Questions — Home Department – in the House of Commons at 7:00 pm on 26 October 2009.

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Photo of Austin Mitchell Austin Mitchell Labour, Great Grimsby 7:00, 26 October 2009

I agree absolutely with the hon. Gentleman. I should not have made jibes; I am stirred to such anger and passion by my hon. Friend Martin Salter that I am lashing out in all directions. That was very naughty of me and I think we should blame my hon. Friend, not me, for that.

As the hon. Member for St. Ives says, the designation and the management of the regimes associated with marine conservation zones will impose significant costs on fishing activities. They will vary according to the size, nature and designation of the zone, but the regulatory impact assessment estimates that impacts on fisheries will be worth between £157 million and £346 million over 20 years. That can be found in table 8 on page 34 of the impact assessment. That will be a significant cost for fishing and it cannot be right or fair, if those impacts on fishing are to be produced by the Bill, for fishing to be expected to bear those costs without some intervention from the Government.

The Bill as drafted does not place any obligation on Government to manage the losses resulting from such impacts or the loss of fishing rights. For that reason, I want a duty imposed on the Minister to manage and mitigate such effects on fishermen, because I think that it is important to the industry to give it such a guarantee. That is the basis of new clause 8. Amendment 44 is very similar and calls for estimated costs to be assessed. We need to know what the impact on fishing will be and what costs will be imposed on the industry by the fishing zones.

Amendment 24 concerns what is generally called the fishing defence. In other words, when accidental damage is done in the course of fishing-we do not advocate that deliberate damage could or should be done by fishing-there should be a defence on the grounds that the damage could not have been avoided, if a fisherman was acting responsibly and fishing within a zone under the provisions of the byelaws or conservation orders. We need a defence that protects against accidental damage for those who are fishing, which is a traditional activity that has always gone on in these zones and that is to a degree threatened by them. The measure will not protect in cases of intentional or reckless damage; it is merely a safeguard for those who are fishing in accordance with the existing fishing regimes and management plans should they cause accidental damage. Without that protection, fishermen might consider that the risks of fishing in a marine conservation zone are too great. Effectively, it could become a no-fish zone, adding to the huge restrictions that operate in areas around our coast. I would not want that to happen. Fishing needs some kind of guarantee and protection.

Amendment 42, tabled by the hon. Member for St. Ives, echoes a number of amendments that I tabled less successfully. It says that there should be a level playing field between British and European vessels. That is an important principle. My amendments were probably rejected because those in the Table Office and their associated psychologists know that whenever the common fisheries policy is mentioned I froth at the mouth and become incomprehensible. To protect the House and to protect me, they did not select my amendments. They selected those of the hon. Gentleman and I am delighted that they did. We cannot have a situation in which British fishermen are excluded because an area is designated as a marine conservation zone whereas European fishermen-either because they have historical rights or because they are fishing under the basic principle of quotas allocated by Brussels and the basic principle of equal access to a common resource, which has been the ruin of the British fishing industry-and others can continue to fish. Such a regime could not be enforced-fishing would not accept it, and it would be disastrous.

I congratulate the hon. Gentleman on this amendment. He must have steeled himself up to a degree of anti-European enthusiasm that is uncharacteristic of his party-I should not make jibes, I am sorry; he does not need to respond. I congratulate him, because it concerns an important basic principle. I hope that the Minister can guarantee that any restrictions on fishing will not come into force until they apply uniformly to all fishermen, be they European or of other nationalities or be they British. We cannot have a regime that is enforced unilaterally on British fishermen.