I call the Minister of Agriculture and Rural Development, Mrs Michelle O'Neill, to move the Consideration Stage of the Fisheries Bill.

Moved. — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

Members will have a copy of the Marshalled List of amendments detailing the order for consideration. The amendments have been grouped for debate in my provisional grouping of amendments selected list. There is a single group of amendments. The debate will be on amendment Nos 1 to 3, which deal with technical amendments to clause 6, and opposition to clauses 1 to 5 and clauses 7 to 18 stand part. Once the debate is completed, any amendments in the group will be moved formally as we go through the Bill, and the Question on each will be put without further debate. The Questions on stand part will be taken at the appropriate parts of the Bill. If that is clear, we shall proceed.

Clause 1 (Sea-fishing)

The Minister has signalled her intention to oppose the Question that clause 1 stand part of the Bill. With that Question, it will be convenient to debate amendment Nos 1, 2 and 3, which are technical amendments to clause 6, and the opposition to clauses 2 to 5 and 7 to 18 stand part.

Question proposed, That the clause stand part of the Bill.

The following amendments stood on the Marshalled List:

No 1: In clause 6, page 8, line 17, leave out second "boat" and insert "vessel". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

No 2: In clause 6, page 8, line 18, leave out "United Kingdom under Part 2" and insert "register maintained under section 8". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

No 3: In clause 6, page 8, line 20, leave out "boat" and insert "vessel". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

Go raibh maith agat, a Cheann Comhairle. Before I speak on the Bill in general and on my opposition to clause 1 and other clauses, as well as on the amendments that I have tabled to clause 6, I will take the opportunity to thank the Chairperson and members of the Agriculture and Rural Development Committee for their scrutiny of the Bill.

The amendments that I propose to clause 6 are minor and technical, but the fact that we have a Bill to consider is a result of the Committee’s agreement to consider the most urgent and important aspect of the Bill, as well as the efforts of the Office of the Legislative Counsel, legal advisers and officials in my Department.

I am, of course, disappointed that the ARD Committee did not have time to consider more of the provisions included in the Bill that was introduced, but I recognise the clear time constraints as a result of the Bill’s late introduction in the Assembly and the finite time left for the Assembly to consider the Bill in sufficient detail. It is for that reason that I have tabled my intention to oppose all the clauses besides clauses 6 and 19.

I am, however, pleased to have worked with the Committee to retain clause 6 on the enforcement of EU rules. That clause will allow us to directly enforce most EU common fisheries legislation as is expected by the European Commission. Given that such measures are directly applicable here, there is little or no discretion available in the implementation by the Department, bound as we are to operate in a way that is fully compatible with EU law. The Commission had asked why such legislation was not already directly enforceable and had threatened to take action as a result of our inability to directly enforce legislation. Thus, the change is essential at this point. I am, therefore, pleased that the ARD Committee has recognised the importance of supporting the clause.

As I said, the amendments that I have tabled to clause 6 are minor and will amend the definition of a relevant fishing boat so that it follows the definition in paragraph 19 of schedule 2 to the 1998 Act and in article 2(2) of the Sea Fisheries Order 2002. This is simply more consistent with other legislation in the North.

I will take a few moments to describe the Bill and the work that the Committee did on it. I will then describe the Committee's approach and why we took the step of placing notice of intent to oppose all of the clauses, except 6 and 19, standing part of the Bill.

The Fisheries Bill was referred to the Committee on completion of its Second Stage on 11 January 2016. The Bill, as introduced, contains 19 clauses. The stated purpose is to make provisions regarding the regulation of sea and inland fisheries. It includes powers to allow fisheries offences to be dealt with through fixed administrative penalties and to align sea fisheries enforcement powers with those already in place in England, Scotland and Wales. The Fisheries Bill amends the Sea Fish (Conservation) Act 1967, the Fisheries Act 1981 and the Fisheries Act (Northern Ireland) 1966. It has two distinct remits, namely inland fisheries and sea fisheries. Four clauses are specific to inland fisheries.

The main concern of the Committee was that the Bill was introduced to the Assembly so late in the parliamentary cycle, on 7 December 2015. Easter recess will begin on 19 March 2016, and the current mandate is due to end on 29 March 2016. The Standing Orders of the Northern Ireland Assembly allow the Committee 30 working days from the date of referral to consider and take evidence on the provisions of the Bill. Before the end of the 30 days, the Committee may table a motion to extend that period to a date specified in the motion. However, in this instance, had the Committee taken 30 days, it would not have produced a report until 22 February 2016. Given the current provision in the Assembly for the passage of legislation, such a timescale would not have allowed the Bill to complete its legislative stages before the Easter recess and the subsequent dissolution for Assembly elections. Therefore, the Bill would be likely to fall. To allow the Bill a reasonable chance to complete its passage to Final Stage before the Easter recess, the Committee would need to have completed its scrutiny and report by 15 February 2016, in less than 25 working days.

The Committee also took it into account that a section of the Bill dealt with issues around inland fisheries. Those matters currently fall under the remit of the Committee for Culture, Arts and Leisure. The Committee for Agriculture and Rural Development therefore requested that that Committee consider and report on those clauses as per Standing Order 64A. However, in order to consider and incorporate the findings of the Committee for Culture, Arts and Leisure into its report, the Committee would have needed to report in a much shorter time frame, probably in and around 20 working days.

The Committee was aware that some issues in the Bill would be difficult to deal with. It was felt that time might be needed to bottom out those issues and get a solution that satisfied all. The Committee therefore had concerns that rushing the scrutiny of the Bill would result in poorer legislation. Ultimately, that would not be in the interest of the fishing industry or the communities that rely on it.

The Committee was also concerned at the urgency with which the Bill was being introduced. It wished to understand why the Minister was seeking to introduce it, given the high risk that it would fall due to lack of time. We were mindful that the Bill could be introduced in the next mandate; indeed, it would make more sense to do so as all the provisions, including those relating to inland fisheries, would fall to a single Committee, namely the new Committee for Agriculture, Environment and Rural Affairs. Additionally, the Minister omitted certain clauses on aquaculture when she introduced the Bill. We were all aware that they would prove difficult, so this was an attempt to allow the Bill a quicker and smoother passage. The Committee concluded that the clauses could also be included in any Fisheries Bill introduced in the new mandate.

The Committee recognised that some time had elapsed since the initial consultation on the policy provisions of the Bill in 2014. Members were aware that introducing the Bill in the new mandate would also allow the opportunity for the new Department to ensure that the fishing industry and other relevant stakeholders would have ample and proper consultation on the provisions of the Bill.

The Committee wrote to the Minister expressing those concerns and asking for an urgent reply. The Minister, in her response, indicated that the most urgent provision in the Bill was in clause 6. That clause concerns an amendment to section 30 of the Fisheries Act 1981 to allow the direct application of enforceable EU obligations as well as enforceable EU restrictions.

The letter indicated that there had been an inspection by EU auditors in January 2015 of procedures to enforce the EU fisheries control system. As a result, EU inspectors reported that there was no legislative provision to apply the EU fisheries control regulation directly as soon as it came into operation.

To address the concerns of the European auditors, the Department explained that a Fisheries Bill was being developed that would directly apply most EU fisheries regulations as soon as they came into operation. The EU Commission was informed that the Bill, subject to various approvals, might be passed by April 2016.

That correspondence with the Minister allowed the Committee to identify what was urgent in the Bill. However, it was a serious concern that, despite numerous briefings from fisheries officials, it was never made clear to the Committee that a pilot case had been opened against Northern Ireland. In fact, other than a vague line from officials in an evidence session earlier in 2015, the Committee was never formally informed of any problems with the EU Commission or the threat of infraction.

In Committee, members explored whether it was possible to resolve the urgent matter of clause 6 by means of subordinate legislation or in other ways. The Committee agreed to write to the Minister to ask her to consider her options for dealing with this matter. In her reply, the Minister proposed, with the consent of the Committee, to take forward at Consideration Stage only those clauses that the Committee was content that it had time to consider thoroughly. The Minister indicated that if only the provision in clause 6 was considered, she would be grateful to the Committee for having assisted in removing the threat of infraction. At its meeting on 14 December 2015, the Committee agreed that it would consider only clause 6 and clause 19, which is the short title. It arranged its work programme for the Bill accordingly.

The Committee wrote to the Committee for Culture, Arts and Leisure to inform it of that decision and to confirm whether it still wished to undertake scrutiny of the clauses relating to inland fisheries. That Committee met on Thursday 7 January 2016 and decided that it would be unfair to inland fisheries stakeholders to attempt to rush its scrutiny of the relevant clauses. The Committee and the Minister, as per a joint agreement, therefore tabled notice of intent that all clauses except 6 and 19 not stand part of the Bill.

Clause 6, "Enforcement of EU rules", amends section 30(1) of the Fisheries Act 1981 so that it applies to enforceable EU restrictions and obligations. The clause makes it an offence to catch fish in contravention of any such restriction or to fail to comply with any such obligation. It provides that those restrictions and obligations are directly applicable and enforceable against all relevant fishing boats and persons in Northern Ireland.

Clause 19 is the short title.

The Committee communicated its decision to focus only on clause 6 to those stakeholders who had responded to the initial consultation requesting written evidence on clause 6. It received two written responses, one from the Northern Ireland Fish Producers' Organisation and one from the Northern Ireland Marine Task Force. Neither indicated concerns with clause 6.

The Committee took oral evidence from the Department and the Anglo-North Irish Fish Producers Organisation on 12 January 2016. The Irish Federation of Sea Anglers was invited to provide oral evidence but had to cancel due to unforeseen circumstances. It provided a short written submission instead.

During oral evidence, the Department informed the Committee that there was little or no discretion available to implement EU fisheries rules and that clause 6 would bring Northern Ireland into line with England, Scotland and Wales. The Committee questioned the Department on the potential for gold-plating. Departmental officials indicated that clause 6 would reduce any risk of gold-plating and allow EU rules to be applied as they arrived. There was nothing else that the Department could do without bringing separate subordinate legislation. Before it would do that, there would be consultation and new regulations. The Committee and the Assembly would have a chance to have a say on those regulations.

In connection with the Bill's general provisions at clauses 16 to 19, the Department clarified the point that, as only clause 6 was to be progressed, there is no need for clause 16, as none of the terms defined in it relate to clause 6. There is also no need for clause 17, as the Department could not envisage any consequential amendments being required to clause 6 or related to clause 6. The Department said that clause 18 is not needed, as the Act as a whole will commence on Royal Assent. Finally, regarding the short title at clause 19, the reduced Bill, with only that clause and clause 6 remaining, meant that the name of the Act could be changed, but there was no strong case to do so either way. The Committee therefore indicated that it was content to keep the short title as it is.

I therefore indicate Committee support for clauses 6 and 19. Likewise, the Committee is opposing clauses 1 to 5 and 7 to 18 standing part of the Bill. The Committee had sight of the three technical amendments to clause 6, but that happened after the Committee Stage was completed. The Committee therefore took no position on the amendments.

Go raibh maith agat, a Cheann Comhairle. One of the provisions in the Bill is that any fisheries infractions can now be dealt with through proper administrative penalties. The Bill will see the fishing powers here brought on a par with those already in place.

Given that the Bill was introduced late, it is worth noting how it was dealt with. I take the opportunity to thank Stella and her staff for all their diligent work, and I thank the Committee for its scrutiny of the Bill. Finally, I thank the Minister, Michelle O'Neill, for her support and help. The Bill will give protection to not only our fish stocks but our marine environment. We in Sinn Féin support the Minister taking forward the urgent parts of the Bill.

I welcome the opportunity to speak on the Bill, and I further commend the work of the Committee staff, the Committee and the Minister for bringing forth the alterations and amendments today and for the overall work that has been put into the Bill.

At Second Stage, I supported the broad principles of the Bill, as I believe that the fishing industry remains a crucial aspect of Northern Ireland's agrifood economy and one that is vital to my constituency of South Down. The Bill then at least sought to modernise enforcement powers to create a more coherent approach and to provide legal clarity to ensure a balance between the protection of our natural habitat and the development of our fishing industry. The Bill sought to enshrine the use of fixed administrative penalties for fisheries offences and to bring Northern Ireland more in line with Britain. I warned against not striking the proper balance between protecting our fish stocks and protecting our industry. I was also concerned about the potential for new legislation either to create a bureaucratic nightmare or to be overly zealous in the enforcement of fines. Those are concerns that I was happy to bring to the Committee's interrogation of the Bill.

Legislation is a bit like fishing. It is a tricky business, and, every so often, it will surprise you. During the Committee process, it quickly became apparent that aspects of the Bill such as inland fisheries fall outside the remit of the Committee and that, as such, it would not be appropriate for the Committee to scrutinise related clauses. To make up for that, the Committee called on the Committee for Culture, Arts and Leisure to undertake scrutiny of the clauses on inland fisheries, which are clauses 10 to 13. Unfortunately, it became apparent that that Committee would not be able to complete proper scrutiny in such a limited time frame.

This highlighted another problem for the Committee, which was that, this late in the mandate, there was simply not be enough time for the Bill to pass through the Chamber with the necessary amount of scrutiny and that any further delay would cause the Bill to falter and fail entirely. Therefore, the loss of the Committee for Culture, Arts and Leisure scrutiny role left the Bill in a precarious position, and the Committee for Agriculture and Rural Development believed that a Bill on fisheries would be better served in the next mandate under the expanded remit of the new Department of Agriculture, Environment and Rural Affairs.

The Minister, however, explained that the Fisheries Bill included one crucial aspect that needed to be passed as soon as possible and that a failure to do so would be detrimental to Northern Ireland as a whole. The Minister revealed that the Bill was not as robust as it could be, having omitted references to aquaculture entirely; she noted that that was to ensure a smooth passage. As the Bill faltered, it was revealed that the Bill was necessary to comply with EU procedures and to create a parallel legislative provision for Northern Ireland that would apply EU fishery control regulations as soon as they came into effect. Clause 6 brings such provisions to Northern Ireland.

Fortunately, it was determined by the Committee and the Minister that that aspect of the Bill must be passed and, as such, the Committee agreed to focus its scrutiny on clauses 6 and 19 and forgo that all other clauses stand part of the Bill. I believe that that was an appropriate decision when we consider that, following the departmental restructure in the new mandate, the Department of Agriculture, Environment and Rural Affairs (DAERA) and its subsequent Committee will have the appropriate remit to deal with all aspects of fisheries, both inland and at sea. I can only hope that I am part of the next Assembly and continue to speak for the people of South Down on this very important matter. Regardless, the Committee determined that it would oppose the Question that clauses 1 to 5 stand part of the Bill. Clauses 1 to 5 relate to sea fishing, the size of fish, the provision of licences and joint enforcement procedures.

The Committee determined that it would support the Question that clause 6 stand part of the Bill, while not specifically taking a position on the amendments. As noted, the clause relates to the enforcement of EU rules and amends section 30(1) of Fisheries Act 1981 so that it applies both to the enforcement of EU restrictions and enforceable EU obligations. The clause essentially makes it an offence to defy such restrictions or obligations. The amendments to clause 6 clear up the language and create a new clarity. In particular, amendment Nos 1 to 3 expand the language of the Bill by moving from "boat" to "vessel", broadening the meaning of fishing vehicles.

The Committee agreed to oppose the Question that clauses 7 to 18 stand part of the Bill. Clauses 7 to 9 relate to penalties under other Acts — the Fisheries Act (Northern Ireland) 1966 and the Sea Fish (Conservation) Act 1967 — and offences. Clauses 10 to 13 relate to inland fisheries, which fall outside the Committee's remit. Clauses 14 and 15 relate to fixed penalty notices, and clauses 16 to 18 are general clauses related to the Bill. Finally, the Committee agreed that it would support clause 19, the short title, which is simply a requirement to ensure the Bill's progress.

Many may be surprised to see the Bill, which, if I may say so, seems to be thoroughly gutted, to the point that it now focuses entirely on EU obligations and enforcements. I believe that, in our current context, that was entirely appropriate in order to ensure that Northern Ireland is not punished for infractions. Furthermore, I believe that, while other aspects of the Bill remain entirely necessary, they must be scrutinised fully to allow for better legislation.

I welcome this stage of the Fisheries Bill. After this morning, the Bill will be significantly smaller than that which was first proposed. Whilst I understand the reasons, I am disappointed that the Minister and her officials effectively forced the Committee into adopting this position by giving us so little time for proper scrutiny. It was not the case that the Department was hamstrung by delays with the consultation. Indeed, there was a full year between the end of the consultation in 2014 and the Bill's eventual introduction in the Assembly. In fact, I have still not really heard an explanation for that delay from the Department.

I know that the industry expressed a certain degree of concern about the gap between the consultation and the later progress of the Bill, so perhaps the Minister could explain DARD's reason for that gap. It is regrettable that the Department, with all its personnel and expertise, was unable to bring it forward any sooner. Instead, it waited until the very last opportunity, and that resulted in today's raft of joint opposition to clauses from the Minister and the Committee, which is effectively gutting the original Bill.

Whilst the legislation also sought to ensure adequate protection for our marine and inland aquatic environments, its main priority was, in fact, an apparent last-minute panic to ensure that we meet our European Union obligations and, therefore, avoid the risk of further major infractions. Of course, this is not the first time that DARD's inaction, incompetence or mismanagement — whatever the reality may be — has brought infraction fines to the door of the Executive. Indeed, the Department is still to tell us what recent communication it has had with Europe on that issue.

I am aware that the Commission was made aware in January 2015 that DARD was in the process of bringing forward legislation. However, I wonder whether the subsequent 12-month delay was noticed and whether that is why the Bill, or even just clause 6, could not wait until the start of the next Assembly mandate. Nevertheless, we are where we are, and the Department and Minister clearly think that this clause cannot wait. I, therefore, support the removal of all the other clauses, if only to ensure that the taxpayer is not left footing the bill of further incompetence from the heart of this Executive.

On behalf of the Alliance Party, I will speak in favour of passing the amendments and in opposition to clauses in the Bill. I put on record my thanks to the Committee staff for their help and support in getting us to the Consideration Stage of this very important Bill.

I go along with the comments that were made by the Chairman of the Agriculture and Rural Development Committee and other Members who outlined the Committee's attitude to the Bill in its original draft. I concur with the view that it would be much better to introduce a Bill of this scope after the election, when the new Committee will have adequate time to scrutinise it. That scrutiny is valuable because the Bill was a significant piece of work and the fishing industry is so important to us in Northern Ireland.

As someone from the Ards peninsula representing the fishing village of Portavogie, I am aware of the industry's economic value to all the small coastal communities around that area. Such legal reforms need consultation with the communities. As a result, I will vote to remove those clauses listed on the Marshalled List. I am confident that the new Committee will rapidly take to its scrutiny and development role on the Bill.

I am aware of the pressing reasons why clause 6 remains in the current legislative vehicle. There are timing and financial imperatives why it needs to be passed. As a result, I will support its retention.

The fishing industry is a vital component contributing to the economic prosperity of Northern Ireland, and I take this opportunity to thank all those fishermen who risk their lives day and daily and who have stuck with the industry through thick and thin, working in very dangerous conditions to support it. Despite the setbacks that have been endured over the years, there are signs of improvement, and it is vital that the Assembly supports the industry at every level.

I will also support the three amendments to clause 6, which are relatively technical and will improve the current wording.

Go raibh maith agat, a Cheann Comhairle. I thank the Chair of the Agriculture and Rural Development Committee and all the other Members who contributed to the debate. The Chair rightly, I think, reflected the concern of the Committee about how late the legislation came to the Assembly. I absolutely understand that. Of course, the legislation had been in planning for some time. The Executive agreed the policy in March last year. At that time, it could not be envisaged how long the drafting might take and how long it would take to get all the necessary clearances. That said, I am grateful to the Committee for the work that has been undertaken in considering clause 6, despite the limited time available to it, and I hope that all the other outstanding matters will come forward in the near future.

On the issue of EU sanctions, my Department became aware of the problem of potential non-compliance with the common fisheries policy in 2014 and, therefore, included a remedy in a policy consultation for a new fisheries Bill at that time. My officials referred to the risk of Commission action in a presentation to the Agriculture and Rural Development Committee in April 2015 and formally set out the timetable to deal with that in the autumn, which the Commission has subsequently accepted.

As I said in my opening remarks, the amendments I tabled to clause 6 are minor and technical. The changes will simply align the definition of a fishing boat with wording already used elsewhere in legislation.

In closing, I again put on record my thanks to the Chairperson and other members of the Committee for their contribution to the debate. I call on Members to support the amendments.

Before I put the Question, I remind Members that the opposition of the Chairperson and the Minister to clauses 1 to 5 has already been debated. I propose, by leave of the Assembly, to group those clauses for the Question on stand part.

Question, That the clause stand part of the Bill, put and negatived. Clause 1 disagreed to.

Clauses 2 to 5 disagreed to.

Clause 6 (Enforcement of EU rules)

Amendment No 1 made:

In page 8, line 17, leave out second "boat" and insert "vessel". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

Amendment No 2 made:

In page 8, line 18, leave out "United Kingdom under Part 2" and insert "register maintained under section 8". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

Amendment No 3 made:

In page 8, line 20, leave out "boat" and insert "vessel". — [Mrs O'Neill (The Minister of Agriculture and Rural Development).]

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7 to 18 disagreed to.

Clause 19 ordered to stand part of the Bill.

Long title agreed to.

That concludes the Consideration Stage of the Fisheries Bill. The Bill stands referred to the Speaker.