Fisheries Bill [Lords] – in a Public Bill Committee at 9:25 am on 15 September 2020.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
9:25,
15 September 2020
I beg to move Amendment 126, in Clause 35, page 23, line 44, at end insert—
“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.
(k) the promotion of fishery products to consumers;
(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;
(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”
This amendment would enable financial assistance to be provided in England for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.
Charles Walker
Chair, Administration Committee, Chair, Administration Committee
With this it will be convenient to discuss the following:
Amendment 127, in schedule 6, page 72, line 8, at end insert—
“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.
(k) the promotion of fishery products to consumers;
(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;
(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”
This amendment would enable financial assistance to be provided in Scotland for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.
Amendment 128, in schedule 6, page 73, line 8, at end insert—
“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.
(k) the promotion of fishery products to consumers;
(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;
(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”
This amendment would enable financial assistance to be provided in Wales for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.
Amendment 129, in schedule 6, page 74, line 8, at end insert—
“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.
(k) the promotion of fishery products to consumers;
(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;
(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”
This amendment would enable financial assistance to be provided in Northern Ireland for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
Amendments 126 to 129 concern the provision of financial assistance for scientific data collection and the commissioning and decommissioning of boats if quota allocations change.
Clause 35 creates new powers for the Secretary of State to make grants or loans to the fishing and aquaculture industries. When the UK was part of the EU, funding was provided by the European maritime and fisheries fund. Labour welcomes the provisions in the Bill that allow for grant and loan schemes to be established for England following the UK’s withdrawal from the EU, in order to replicate the breadth of what we can currently be funded for under the EMFF. The funding will go beyond what is currently allowed under the Fisheries Act 1981 to allow financial assistance for the protection and improvement of the marine and aquatic environment; the promotion, development or reorganisation of commercial fish activities; health and safety training; economic development or social improvement in areas where commercial fish or aquaculture activities are carried out; improving the arrangements for catch or effort quotas; and the promotion of recreational fishing.
However, we would like to include within the purposes listed under clause 35 the provision of financial assistance for the purpose of scientific data collection. The EMFF supported the common fisheries policy through the collection and management of data to improve scientific knowledge. We would ask that the new UK funding scheme supports sustainable fisheries management through the provision of financial assistance for scientific data collection. Our amendments put the gathering of scientific data on a par with the other purposes for which the Secretary of State can provide financial assistance.
The Opposition have made it clear that sustainability must be at the heart of the UK’s fisheries policy as we leave the CFP. The amendments make provision to provide the funding necessary to carry out stock assessments, vessel monitoring and recording of fish catches, among other things. That is important for protecting the future of our marine environment and for the fishing industry itself, and it can be achieved only if appropriate scientific data are gathered.
As has been mentioned throughout the debate on the Bill, we are making fisheries management decisions and policy with a data deficit. Right now, we do not know the status of three of the UK’s 15 main fish stocks, which has meant that we cannot market much of the fish caught in UK waters as sustainable. That has an impact not just on the Marine Stewardship Council’s certification, but on consumer confidence in fish from UK waters.
In addition to the collection of scientific data, the Opposition would like to include within the list of purposes for which the Secretary of State can provide financial assistance the commissioning and decommissioning of boats if quota allocations change. That would help fishers invest in new gear, boats and the hiring of more crew if their quotas increased. Funding for help for under-10 metre boats to be decommissioned in the event of reduced catch and effort quotas would be very welcome to coastal communities, which know all too well the sight of abandoned boats lying marooned on the shore. Has the Minister considered a new system to support new boats being put to sea or existing boats being taken out of service in response to movements in quota value? If an increase in quota is available in a specific area, we cannot simply magic boats out of the air from nearby ports to take advantage of it. Similarly, if a port’s fleet loses quota through negotiations, fishers and boat owners will need support to redeploy.
If the Government will not support the amendments, it calls into question their previous commitment to a sustainable marine environment and the future of the fishing industry. I therefore urge the Government to match their rhetoric with action and support the amendments.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
The amendments are not necessary, because the Bill sets out the purposes that can be funded, not specific activities related to those purposes, which provides the flexibility to fund a wide range of activities, even if they are not mentioned directly. A scheme providing for financial assistance will be set up via an affirmative statutory instrument, and it will be in that regulation that the details and activities of financial support will be set out. I look forward to discussing that SI and the specific activities when, in due course, it is laid.
Having given that explanation, I hope that the hon. Lady will withdraw the Amendment.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
I beg to ask leave to withdraw the Amendment.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
I beg to move Amendment 134, in Clause 35, page 23, line 44, at end insert—
“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”
This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fish or aquaculture activities in England.
Charles Walker
Chair, Administration Committee, Chair, Administration Committee
With this, it will be convenient to discuss the following:
Amendment 135, in schedule 6, page 72, line 8, at end insert—
“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”
This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Scotland..
Amendment 136, in schedule 6, page 73, line 8, at end insert—
“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”
This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Wales.
Amendment 137, in schedule 6, page 74, line 8, at end insert—
“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”
This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Northern Ireland.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
Amendments 134 to 137 also relate to the new powers the Bill gives the Secretary of State to make grants or loans to the fishing and aquaculture industry. They would allow fishing ports to bid for grants from any new domestic fisheries fund. The overwhelming Majority of fishing ports are currently not eligible to apply to the domestic fisheries fund, which covers the transition period. If that is not fixed, it will be a significant problem for the industry.
We have spoken at length in this Committee about the importance of UK ports. Our ports are hubs of regional and national connectivity. They are the foundation of UK fisheries and wider marine management. Sadly, however, many are struggling to remain financially viable.
I again voice my Opposition to the Government’s decision to remove the jobs and coastal communities Clause from the Bill, which would have better supported UK ports. Because ports play an important part in supply chains, it is important that they receive the financial support they need to make long-term investment in infrastructure to support the UK fishing industry. With the support of the British Ports Association, we are calling on the Government to include landside infrastructure, such as ports and market facilities, within the purposes listed in clause 35, for which the Secretary of State may give financial assistance.
In 2017, research conducted by the BPA found that two thirds of fishing ports’ working quays needed maintenance or repair work, and 75% of markets and auctions needed modest or significant repairs or upgrades. The covid-19 pandemic has been particularly harmful for a number of ports and market facilities. Many small harbours, markets and auction sites have struggled to remain viable. Repair costs can run to millions of pounds, but at this point in time conducting vital maintenance or repair work is no longer an option. We need to better support the landside infrastructure on which our UK fishing industry relies.
It is important to note that under the European maritime and fisheries fund, 72% of UK ports have received funding to enable the expansion of new services or facilities. That funding has been crucial in driving and refreshing port capacity, including fuel and ice plants. The amendments would allow a domestic continuation scheme to support harbours and landside infrastructure under the proposed post-Brexit fisheries regime.
I commend the amendments to the Committee.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
The scope of Clause 35 is already wide enough to include the activities suggested. Subsection (1) sets out priorities that can be funded, not specific activities, which provides sufficient flexibility to fund a wide range of activities, including the provision and maintenance of infrastructure related to the catching and aquaculture sectors, even if they are not directly mentioned.
I take issue with some of what the hon. Lady said about support for coastal communities. We have really expanded the funding powers in the Bill, which will enable financial support for port infrastructure work, such as work to improve catch processing and safety facilities.
Having given that explanation, I hope that the hon. Lady will withdraw the Amendment.
Division number 8
Fisheries Bill [Lords] — Clause 35 - Financial assistance: powers of Secretary of State
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
I beg to move Amendment 54, in Clause 35, page 24, line 15, at end insert—
“(c) require the Secretary of State, or another person, to publish specified information about financial assistance given in accordance with the scheme.
(4A) In subsection (4)(c) ‘specified’ means specified by the scheme; and information that may be specified under that provision includes information about—
(a) the recipient of the financial assistance;
(b) the amount of the financial assistance;
(c) the purpose for which the financial assistance was given.
(4B) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).”
This amendment allows financial assistance schemes to include requirements to publish information about financial assistance given under the scheme.
Charles Walker
Chair, Administration Committee, Chair, Administration Committee
With this it will be convenient to discuss Government amendments 56 to 58.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
The amendments provide that any future financial assistance schemes made under the Secretary of State’s funding power in Clause 35 or the devolved Administrations’ funding powers in schedule 6 could include a requirement to publish data about the assistance given. The amendments also enable us to be more explicit about the potential design of a future scheme. This makes clear to future applicants the limited types of information that we could seek to publish as part of such a scheme.
The amendments should not be taken to imply that, in their absence, we could not do that anyway under the General Data Protection Regulation. The provision has also been drafted so that it cannot require publication of information that would be contrary to the Data Protection Act 2018. The power has been extended to the DAs at their request, and I commend it to the House.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
As the Minister outlined, these are technical amendments, so the Opposition are happy to support them. I would just like to ask why the measures were not included in the original Bill and why they are now proposed as Government amendments. Obviously, when this happens, there is less time to consider the implications.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
The reason why the Amendment was not in the original Bill is that we do not think these powers are necessary to comply with GDPR, but we think that the introduction of this provision ensures consistency. It is a mirroring provision to the Agriculture Bill. We thought that this belt-and-braces approach would be clearer and more transparent for people reading the Bills in the future to understand.
Stephanie Peacock
Shadow Minister (Environment, Food and Rural Affairs)
I beg to move Amendment 138, in Clause 35, page 24, line 20, at end insert—
“(5A) The scheme shall be open to statutory harbour authorities.”
This amendment would ensure that all statutory harbour authorities are eligible for financial assistance under the scheme, regardless of ownership.
This amendment relates to the amendments I spoke about earlier. It would ensure that all statutory harbour authorities were eligible for financial assistance under the new domestic funding scheme that replaces the EMFF. As I outlined, we all acknowledge and have spoken at length about the importance of UK ports. Under the current arrangements, the Majority of our ports would not be able to apply to the domestic fund. If we seriously want our fishing industry to thrive and grow in the long term, that will require investments in the infrastructure on which the industry relies. However, our smaller harbours, markets and auction sites have been unable even to consider the long-term investments that they will need while they have been worried about the day-to-day viability of their businesses during the pandemic. Never mind investments for the future; many vital maintenance and repair works for today have no longer been an option for many operators.
I know that the Government share our ambition for the sector to grow, but that rhetorical ambition needs to be matched by providing the structures and support to ensure that it can be achieved. That includes ensuring that all our statutory harbour authorities are eligible for financial assistance under the new domestic funding schemes that replace the EMFF. With the support of the British Ports Association, I ask the Government to support the amendment.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
There is a bit of history here, Sir Charles. I am aware that the strict eligibility rules under the domestic maritime and fisheries fund in England, which opened to applications in 2019, excluded harbour authorities. That scheme was delivered using Exchequer funding, and during the transition period we have had to comply with European state aid rules. In future, we will not be bound by the EU state aid regime, and we will take our own view on the need for funding for UK infrastructure, including that owned by harbour authorities. The Clause provides flexibility for all legal entities, including harbour authorities, to be eligible for financial assistance. Details of future schemes will be contained in subsequent regulations, which, as I said earlier, will be voted on under the affirmative procedure. I therefore think the Amendment is unnecessary.
Victoria Prentis
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
During the UK’s membership of the EU, funding to the fish and aquaculture sectors has been provided under the EMFF. This Clause allows the creation of domestic financial assistance schemes that would support the fish and aquaculture sector in England. The Government are committed to putting in place new domestic long-term arrangements to support the UK’s fishing industry from 2021. This will be through the creation of four new schemes to deliver funding for each nation. The devolved Administrations will lead on their own schemes. I hope Members will agree that the clause should stand part of the Bill.
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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.
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.
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