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79 Marine and Coastal Access Bill [Lords] 26 OCTOBER 2009 Marine and Coastal Access Bill [Lords] 80 [Mr. Benyon] for Southampton, Test. I have had conversations with that estate since, and it is taking the matter very seriously; for example, it makes considerable efforts to achieve Amendment 44, page 83, line 43, at end insert— ‘(2A) The appropriate authority must also make annual assessments of the cost and impact of the MCZs to the fishing industry and submit these to the Secretary of State, Welsh Ministers or Scottish Ministers who must manage and mitigate public access in areas such as education. The language such effects.’. in these debates can easily demonise people who are in Amendment 24, in clause 141, page 95, line 44, at end fact doing immense work to achieve greater understanding insert— about the countryside and greater access for all sorts of people. The Minister’s words will be well heard. ‘(g) was done by a person fishing in a responsible manner within an MCZ and the act resulted in damage which that person could not have avoided.’. Estuaries are very complicated areas to which to deliver access. There tends to be a greater level of Amendment 28, page 96, line 9, at end insert— occupation: more activity going, more boatyards, more ‘(b) the act occurred on the seaward side of the 0-6 nautical mile fisheries zone in a location where slipways and more residential areas. I liked the phrase foreign vessels have fishing rights, and’. that the Minister used—that this will be looked at on a case-by-case basis. Again, we are putting a lot of hope Amendment 23, page 96, leave out lines 10 and 11 in the idea that Natural England will approach this and insert— issue in the right way. All my discussions with it suggest ‘(b) (i) the person was aware of the protected feature in question; that it will, but there will undoubtedly be problems and (ii) there was no intention of causing damage to a the Minister will on occasion be required to solve them. protected feature; and A three-year review of progress gives us an opportunity (iii) they took all reasonable steps to avoid causing to see whether what the Minister wants—and we all damage or a contravention.’. want—is happening: greater access to the countryside. Government amendment 5. On amendment 37 and liability, I am grateful to the Amendment 42, page 96, line 11, at end insert— Minister for clarifying the legal position. He said that ‘(4A) The Secretary of State must make regulations by we do not want to see an over-cautious approach to the statutory instrument that make provision for the equal treatment issue of access to countryside. We live in a litigious of— society. Cycling and equestrian clubs now get members (a) UK registered vessels, to sign disclaimers before any activity can take place. (b) other EU registered vessels and The degree of bureaucracy is becoming absurd, and to it can be added Criminal Records Bureau checks and (c) third country vessels, the other checks that such organisations have to go through. We do not want to add an horrendous new tier of liability to the process of simply getting out and enjoying the countryside and coastal Britain. Of course, the Minister reminded us that under clause 292(2), in relation to the contravention of byelaws and offences under sections 129 to 141.’. Amendment 29, page 96, line 21, at end insert— ‘ “foreign vessel” means any vessel other than a relevant British vessel, Scottish fishing boat or a Natural England and the Secretary of State Northern Ireland fishing boat.’. “must have regard to…the safety and convenience of those using Amendment 17, in clause 229, page 145, line 22, leave the English coastal route”. out paragraph (a). With that, I am happy to withdraw my amendment Government amendment 13. and allow the Bill to proceed to the next phase. Amendment 15, in clause 66, page 45, line 3, at end insert— Amendment, by leave, withdrawn. ‘(c) no item applies to any form of fishing activity.’. Amendment 36, page 45, line 3, at end insert— New Clause 8 ‘(c) nothing therein shall be taken to apply to any form of commercial sea fishing by any method.’. Amendment 41, page 45, line 8, at end insert— MCZS: DUTY TO MANAGE AND MITIGATE IMPACTS UPON EXISTING ACTIVITIES ‘(5) For the purposes of this Part, a licence granted under section 4 of the Sea Fish (Conservation) Act 1967 is a marine ‘The Secretary of State, the Scottish Ministers and the Welsh licence permitting the holder to carry on marine activity to the Ministers must take all reasonable steps to manage and mitigate extent permitted by the licence conditions permitted under the impact on fishing and other existing activities resulting from that Act.’. the designation and management of an MCZ.’.—(Mr. Austin Government amendments 9 and 14. Mitchell.) Mr. Mitchell: I wish to discuss not only new clause 8, Brought up, and read the First time. but amendments 41, 17, 15 and 24. I wish to do so because of a concern for the interests of commercial Mr. Austin Mitchell: I beg to move, That the clause be fishing, which remain a factor, although not as big a read a Second time. one as before, in the health and prosperity of Grimsby. They are more important to communities up and down Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following: amendment 18, in clause 124, page 83, line 40, at end insert— the coast—many of them isolated—in which fishing is the main industry. Their needs, views and industry need to be taken into account more effectively than they have ‘(ea) the extent to which, in the opinion of the authority, been. I wish that some of the passion, enthusiasm, the operation of the MCZs have had an impact upon interest and involvement that have just been shown in the marine economy in general and the commercial discussion of the rights of coastal access in the Bill were and recreational fishing industry in particular;’. also demonstrated in concern for fishing, because it is a

81 Marine and Coastal Access Bill 26 OCTOBER 2009 Marine and Coastal Access Bill 82 [Lords] [Lords] more important activity to this country economically. The industry employs 13,000 people on the catching side, 26,000 in processing and 40,000 in distribution, it contributes about £6 billion a year to the national economy and, as I said, it is particularly important to remote communities. 7pm The Bill affects fishing in many ways. It is primarily a Bill that has been pushed by non-governmental organisations—the conservation and environmentalist groups—and, in a sense, it is too far weighted towards them and insufficiently weighted towards preserving the interests of fishing as an existing activity. Even I—the MP for Great Grimsby—have been deluged with cards telling me, “These marine conservation zones should be extended to a quarter, a third or even more of the North sea.” I have replied by asking these people, who are from Grimsby, whether they had not realised that it is a commercial fishing port with an interest in fishing in these zones. Members have gone around telling schools that the interests of fishing should be precluded altogether and that fishing should be stopped because we are endangering stocks. The Bill is primarily about conserving the marine environment; it is not a Bill for controlling or regulating fishing. We need to make that absolutely clear, because it cannot do both—indeed, it should not do both, because the fishing industry has a major interest in conservation. It is one of the natural agencies that Governments should look to and be concerned with, because its interests are in conservation, in sustainable fishing and in maintaining a resource on which the livelihoods of fishermen depend and which they want to hand on to their children and to their area. That interest has to be taken into account. This Bill should not be seen instead as yet another restriction on fishing— commercial fishing in particular—which has been harassed and weighed down with regulations, controls, quotas, limits, the days at sea limitation and exclusion from certain areas and certain stocks to the point where it has become desperate. We cannot use this Bill to impose another series of controls on fishing, because that would alienate the fishing industry. Such an approach would fail to generate the enthusiasm for conservation that exists within the industry and would fail to use fishing as a means of ensuring proper conservation. The fishing industry wants to build up stocks and avoid damage, and, in that sense, it has the same interest in conservation as the Bill. Like New Zealand, whose marine conservation areas are perhaps more natural than ours because they are based on reefs—the more natural way of having conservation areas—this country’s approach, in this Bill, should be based on consulting and involving the fishing industry. I want the Minister to take that approach and I know that he wants to achieve that end too. We are dealing with an area in which scientific knowledge is inadequate; we do not have scientific knowledge about the marine conservation areas, about the sea or about what is underneath the surface. The fishing industry has more knowledge than the scientists, so it should be involved not only when consulting on what is decided in the Bill, but in policing that and in reporting to the Minister and the authorities about what is going on in these areas. Anything that restricts fishing weakens that superintending role and the conservation concern that the industry has; anything that weakens fishing weakens conservation. That is why I wish to include in the Bill some of these safeguards that have been mentioned. I should mention that the responsible fisheries schemes, which have been energetically, and rightly, promoted by Seafish, now have the support of 44 per cent. of the fishing industry—by weight of vessel. That demonstrates the degree of involvement of the fishing industry in the conservation issue. Martin Salter: I am listening, as I suspect many hon. Members are, with some incredulity to the arguments being made by my hon. Friend. Will he clarify for the House his earlier statement that it is impossible to introduce conservation measures that restrict commercial fishing? Does he not see that that statement might be a problem for some of us? Mr. Mitchell: I am surprised at my hon. Friend’s incredulity, because the interests of commercial fishermen and anglers are much the same. Martin Salter: No, we are in favour of this Bill. Mr. Mitchell: I am defending the interests of fishing as an industry and as a leisure activity—I would have thought that my hon. Friend would have supported that. My assertion is that fishing is an agent of conservation, and one cannot have marine conservation areas, which are intended primarily to conserve the marine environment, by also placing added restrictions on fishing. That defeats the purpose of the marine conservation areas. Martin Salter indicated dissent. Mr. Mitchell: Well, if my hon. Friend wants to tell me that fishing is damaging the environment, he is wrong. Martin Salter: I shall certainly continue the exchange. Does my hon. Friend recognise that probably precisely the same speech was made in about 1988-89, just before the collapse in the cod stocks off Newfoundland? It is precisely because the fishing industry does not recognise the value of conservation, engages in overfishing and opposes steps to allow fish stocks to recover and replenish themselves that fishermen lost their jobs? Mr. Mitchell: Fishing might have overextended its ambitions there, but that has nothing to do with this and nor has the conservation of cod stocks anything to do with this Bill. We are talking about the conservation of the marine environment. This is not a measure that deals with the conservation of stocks. Any attempt to impose that on this measure will defeat the measure, because it will alienate the fishing industry, which is an agent of conservation. We have a very changed fishing industry now; it is on a much smaller scale, it is much more based on sustainable fishing and, as I said, it is committed to responsible fishing. My hon. Friend, in trying to produce a gulf between his anglers, whom he has worked so hard to protect, and commercial fishing, is doing the whole issue a disservice, because their interests are very much the same. An interest in conservation is an interest in keeping fishing at a sustainable level in a sustainable way. That is what I am arguing today. He is making an entirely artificial distinction, which makes

81 Marine and Coastal Access Bill 26 OCTOBER 2009 Marine and Coastal Access Bill 82<br />

[Lords]<br />

[Lords]<br />

more important activity to this country economically.<br />

The industry employs 13,000 people on the catching<br />

side, 26,000 in processing and 40,000 in distribution, it<br />

contributes about £6 billion a year to the national<br />

economy and, as I said, it is particularly important to<br />

remote communities.<br />

7pm<br />

The Bill affects fishing in many ways. It is primarily<br />

a Bill that has been pushed by non-governmental<br />

organisations—the conservation and environmentalist<br />

groups—and, in a sense, it is too far weighted towards<br />

them and insufficiently weighted towards preserving the<br />

interests of fishing as an existing activity. Even I—the<br />

MP for Great Grimsby—have been deluged with cards<br />

telling me, “These marine conservation zones should be<br />

extended to a quarter, a third or even more of the North<br />

sea.” I have replied by asking these people, who are<br />

from Grimsby, whether they had not realised that it is a<br />

commercial fishing port with an interest in fishing in<br />

these zones. Members have gone around telling schools<br />

that the interests of fishing should be precluded altogether<br />

and that fishing should be stopped because we are<br />

endangering stocks.<br />

The Bill is primarily about conserving the marine<br />

environment; it is not a Bill for controlling or regulating<br />

fishing. We need to make that absolutely clear, because<br />

it cannot do both—indeed, it should not do both,<br />

because the fishing industry has a major interest in<br />

conservation. It is one of the natural agencies that<br />

Governments should look to and be concerned with,<br />

because its interests are in conservation, in sustainable<br />

fishing and in maintaining a resource on which the<br />

livelihoods of fishermen depend and which they want<br />

to hand on to their children and to their area. That<br />

interest has to be taken into account. This Bill should<br />

not be seen instead as yet another restriction on fishing—<br />

commercial fishing in particular—which has been harassed<br />

and weighed down with regulations, controls, quotas,<br />

limits, the days at sea limitation and exclusion from<br />

certain areas and certain stocks to the point where it has<br />

become desperate.<br />

We cannot use this Bill to impose another series of<br />

controls on fishing, because that would alienate the<br />

fishing industry. Such an approach would fail to generate<br />

the enthusiasm for conservation that exists within the<br />

industry and would fail to use fishing as a means of<br />

ensuring proper conservation. The fishing industry wants<br />

to build up stocks and avoid damage, and, in that sense,<br />

it has the same interest in conservation as the Bill. Like<br />

New Zealand, whose marine conservation areas are<br />

perhaps more natural than ours because they are based<br />

on reefs—the more natural way of having conservation<br />

areas—this country’s approach, in this Bill, should be<br />

based on consulting and involving the fishing industry.<br />

I want the Minister to take that approach and I know<br />

that he wants to achieve that end too.<br />

We are dealing with an area in which scientific knowledge<br />

is inadequate; we do not have scientific knowledge<br />

about the marine conservation areas, about the sea or<br />

about what is underneath the surface. The fishing industry<br />

has more knowledge than the scientists, so it should be<br />

involved not only when consulting on what is decided in<br />

the Bill, but in policing that and in reporting to the<br />

Minister and the authorities about what is going on in<br />

these areas. Anything that restricts fishing weakens that<br />

superintending role and the conservation concern that<br />

the industry has; anything that weakens fishing weakens<br />

conservation. That is why I wish to include in the Bill<br />

some of these safeguards that have been mentioned.<br />

I should mention that the responsible fisheries schemes,<br />

which have been energetically, and rightly, promoted by<br />

Seafish, now have the support of 44 per cent. of the<br />

fishing industry—by weight of vessel. That demonstrates<br />

the degree of involvement of the fishing industry in the<br />

conservation issue.<br />

Martin Salter: I am listening, as I suspect many hon.<br />

Members are, with some incredulity to the arguments<br />

being made by my hon. Friend. Will he clarify for the<br />

House his earlier statement that it is impossible to<br />

introduce conservation measures that restrict commercial<br />

fishing? Does he not see that that statement might be a<br />

problem for some of us?<br />

Mr. Mitchell: I am surprised at my hon. Friend’s<br />

incredulity, because the interests of commercial fishermen<br />

and anglers are much the same.<br />

Martin Salter: No, we are in favour of this Bill.<br />

Mr. Mitchell: I am defending the interests of fishing<br />

as an industry and as a leisure activity—I would have<br />

thought that my hon. Friend would have supported<br />

that. My assertion is that fishing is an agent of conservation,<br />

and one cannot have marine conservation areas, which<br />

are intended primarily to conserve the marine environment,<br />

by also placing added restrictions on fishing. That<br />

defeats the purpose of the marine conservation areas.<br />

Martin Salter indicated dissent.<br />

Mr. Mitchell: Well, if my hon. Friend wants to tell me<br />

that fishing is damaging the environment, he is wrong.<br />

Martin Salter: I shall certainly continue the exchange.<br />

Does my hon. Friend recognise that probably precisely<br />

the same speech was made in about 1988-89, just before<br />

the collapse in the cod stocks off Newfoundland? It is<br />

precisely because the fishing industry does not recognise<br />

the value of conservation, engages in overfishing and<br />

opposes steps to allow fish stocks to recover and replenish<br />

themselves that fishermen lost their jobs?<br />

Mr. Mitchell: Fishing might have overextended its<br />

ambitions there, but that has nothing to do with this<br />

and nor has the conservation of cod stocks anything to<br />

do with this Bill. We are talking about the conservation<br />

of the marine environment. This is not a measure that<br />

deals with the conservation of stocks. Any attempt to<br />

impose that on this measure will defeat the measure,<br />

because it will alienate the fishing industry, which is an<br />

agent of conservation. We have a very changed fishing<br />

industry now; it is on a much smaller scale, it is much<br />

more based on sustainable fishing and, as I said, it is<br />

committed to responsible fishing. My hon. Friend, in<br />

trying to produce a gulf between his anglers, whom he<br />

has worked so hard to protect, and commercial fishing,<br />

is doing the whole issue a disservice, because their<br />

interests are very much the same. An interest in conservation<br />

is an interest in keeping fishing at a sustainable level in a<br />

sustainable way. That is what I am arguing today. He is<br />

making an entirely artificial distinction, which makes

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