Clause 7 - Fisheries management plans: power to depart from proposals in JFS

Fisheries Bill [Lords] – in a Public Bill Committee at 2:30 pm on 8 September 2020.

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Photo of Stephanie Peacock Stephanie Peacock Shadow Minister (Environment, Food and Rural Affairs) 2:30, 8 September 2020

I beg to move Amendment 68, in Clause 7, page 7, line 45, before ‘available’ insert ‘best’.

This amendment changes the reference to ‘available scientific evidence’ to the “best available”. This term is used elsewhere in the Bill.

The amendment refers to what is meant by a “relevant change of circumstances” that would allow a fisheries policy authority to depart from proposals in the joint fisheries statement. We acknowledge that a level of flexibility will always be required when circumstances change, but clause 7 is viewed by some environmental groups as an opt-out or loophole clause. Essentially, opting out must happen for the best scientific reasons, not just any scientific reasons.

The clause would make it possible to redraft a new plan should a change in circumstances occur. However, there are fears that its broad terms could undermine much of the important environmental and sustainability work that must take place to secure the long-term future of the industry and marine environment. Changes in circumstances include international obligations, action by a Government outside the UK, scientific evidence and evidence related to the social, economic or environmental objectives.

Greenpeace said that

“a loophole in the wording allows for these plans to be ‘amended, replaced or revoked’ under a wide range of ‘relevant’ circumstances. As long as national fisheries authorities publish a document to justify their decision, the Bill could enable them to carry on as normal, without delivering their sustainability plans.”

I share concerns about the breadth of circumstances that would allow a departure from the joint fisheries statement to happen without effective scrutiny, and in particular the reference to “available” science rather than “the best available” science.

The amendment would tighten up the relevant circumstances. If scientific evidence points towards the creation of a different fisheries management plan, it should be the best scientific evidence that guides the process. The scientific evidence objective in clause 1 requires fisheries authorities to draw on the “best available” scientific evidence. The amendment would bring clause 7 into line with that definition. Up-to-date independently produced peer-reviewed science should form the basis of all fisheries management decisions. We cannot allow poor-quality research to dictate fisheries policies and undermine progress towards achieving the objective discussed earlier. Only the best scientific advice will yield the world-leading sustainable fisheries management practices that will allow our country’s fisheries and marine environment to thrive.

Photo of Victoria Prentis Victoria Prentis The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

Of course we understand the need to base decision making on accurate science, but Administrations may need to act promptly as a precautionary matter when emerging evidence indicates that there is a problem. An example is the one I gave this morning about scallops on Dogger Bank. The fishing industry recently expressed concern about stock levels on Dogger Bank. We acted on industry calls to close the fishery so that we could commission scientific evidence on which scientists could then base their best advice on the state of stock. That is one example of a closure that might have seemed to be a pre-emptive act. However, it seemed sensible, to get proper evidence from the site.

Science is always evolving and sometimes what constitutes the best can be contested, particularly when data and evidence are collected by different parties using different techniques; so it is in our interest to allow our excellent scientists to make use of all available evidence, including that provided by the industry, to produce the best available scientific advice as referenced in the scientific evidence objective in Clause 1. I therefore ask that the Amendment be withdrawn.

Amendment, by leave, withdrawn.

Clause 7 ordered to stand part of the Bill.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.