Mr Alistair Carmichael
MP for Orkney and Shetland · Liberal Democrat · United Kingdom
“I do not know whether this is something I still need to declare, Mr Speaker, but I visited the Falkland Islands in 2003 as a guest of the Falkland Islands Government. They have never invited me back.”
“I remind the House of my entry in the Register of Members’ Financial Interests and also that my wife is a practising veterinary surgeon. What is happening was predictable because it was predicted. The Government were warned by the National Audit Office in June last year that they were unprepared for outbreaks of this sort.”
“The Minister is surely aware that there is no route to net zero that does not go through oil and gas hydrocarbons, and that not exploiting resources on the UK continental shelf leaves us reliant on imports, which also has carbon consequences that must be taken into account.”
“The transition to clean energy could be an opportunity to build a different model that would, to use the First Secretary of State’s own words, end “overly centralised decision making and over-privatisation”.”
“I welcome what the Prime Minister just said about strengthening farming. If he is serious about this, one of the first things he can do is ensure that our farmers do not have to compete with imported food that is produced to lower standards than we expect.”
“Q4. Like others, I have always respected the Prime Minister as somebody who was in politics because he wanted to give service to his country, and he has earned our gratitude for that. In my constituency, those who volunteer as coastguard rescue officers also do so from a wish to give service to their community.”
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Every one of 4,707 lines we hold for Mr Alistair Carmichael, in date order, each linked to its source. Free to read, in full, without an account. Page 55 of 95.
“In saying that the Prime Minister has championed the fishing industry throughout the negotiations, the Minister is being a little less comprehensive than he might be. May I remind him that it was the Prime Minister and the right hon. Member for Haltemprice and Howden (Mr Davis) who agreed to the industry’s being put into the transitional arrangements? If she had been championing it at that point, that would never have happened.”
“If the Minister is right about that, why were Ministers, especially the Prime Minister, still making the promise until a couple of weeks before it was eventually sold out?”
“It is for him to decide whether he takes the assurances from the Minister, given all their various inconsistencies and contradictions. For that reason, I will not withdraw my amendment but press it to a vote. Question put, That the amendment be made.”
“On the question of jam tomorrow, if, as the Minister says, there is a different situation come January, it would be open to the Government to table amendments on Report and change the date back again, or they could propose a different date, whatever that would be. The amendment would send a greatly reassuring signal to the industry that it was being listened to and that its concerns were being acted on, and that the Government were not going to simply take things on trust. The hon. Member for Banff and Buchan, who added his name to a virtually identical amendment, has the opportunity to deliver that and make the change. It is for him to decide. He is ultimately accountable to his constituents; we are all accountable to our constituents.”
“I pushed the Minister with a number of interventions in the course of his speech, not just because it was entertaining sport, although it undoubtedly is and can be, but because I wanted members of the Committee to see the position that the Government are in—the whole series of contradictions and broken promises that have brought us to this stage. The hon. Member for Banff and Buchan said that his is a probing amendment. That matters, because if he were to vote with us—presuming that every Opposition member of the Committee were to support my amendment—the proposed date would go in the Bill.”
“If we ever make kicking the can down the road an Olympic sport, Ministers in this Government would win gold, silver and bronze virtually in perpetuity. First, let me say that I do not doubt for a second the Minister’s commitment to our fishing industry. That is why I am keen that we get him out to Brussels tonight to do the year-end negotiation. However, whatever words were coming out of his mouth, his body language was slightly different, and I think that the confidence that he speaks of is not actually met, and is certainly not matched, in the industry.”
“Given the refusal to include commitments to the principle of maximum sustainable yield or the multiple amendments that Opposition Members have tabled—all of which have been rebuffed by the Minister and the Government—does the hon. Gentleman not think that the Government have got the title right?”
“I have made the same point as the hon. Gentleman often enough myself. However, the industry in Scotland surely encompasses the full range of practices that he identifies across the whole of the United Kingdom. How would devolution help to address that?”
“Although I would never close the door on that sort of thing, from my experience, I would require a bit more persuasion that the industry wants or is asking for that kind of reform.”
“I thank the hon. Member for Argyll and Bute for tabling the new clause, because it is an important topic to discuss and there is no doubt that our current system is capable of improvement. I sound a couple of notes of caution, however, in relation to the proposal for devolution. We risk breaking up the support that is available by geography rather than by sector. The inshore fishermen in the hon. Gentleman’s constituency, who are catching nephrops, langoustines and others, probably have a fairly strong community of interests with those who are catching in the Irish sea and in the south-west. Likewise there will be a community of interest in the other sectors, such as the pelagic sector at the other end of the country, the white fish sector and so on.”
“I just want to tease out the issues here a little bit. I ask this question in a spirit of genuine inquiry, because I do not know the answer to it, but I would think that a lot of the inshore boats—the foreign boats in particular—around the hon. Gentleman’s constituency and certainly on the Clyde will fish as far down as the Isle of Man and around there, so what, in this context, actually constitutes “Scottish seafish”?”
“I have essentially reached the same conclusion as the two previous speakers, for slightly different reasons. The EMFF money has been of massive significance to the industry and to communities around the UK coastline. I support some sort of guarantee that that money will continue to go to our fishing industries and communities. The amendment deals, of course, only with guaranteeing that the money will continue to go to Scotland, but it would be unthinkable that the same would not then apply to fishing communities in Wales, Northern Ireland and, indeed, England. I would not start from this position; but ultimately, from the point of view of the industry in the communities, I think the amendment would get us to where we need to be. For that reason I support it.”
“The Minister said earlier that the money should come through the spending review, as has long been the case. The EMFF funds have never been part of the spending review; he should know that. The amendment would guarantee the money as a funding stream for the future. What guarantees are there for that funding stream in clause 28?”
“I would suggest that the principles are fairly straightforward and sound and that this is exactly the sort of thing that the Government should have in the Bill if it were to be, as the hon. Member for Plymouth, Sutton and Devonport suggested earlier, a sustainable Fisheries Bill.”
“I beg to move, That the clause be read a Second time. We come back almost full circle to how we deal with what are known as shared stocks. It is pretty clear that that is going to be a subject of some political and commercial significance when we move to the next stage of negotiations on the future relationship with our current EU neighbours. We have observed a number of times that the principle of sustainability was front and centre in the White Paper when it was published, but somehow does not seem to have made the transition into the Bill. New clause 11 would put sustainability back into the Bill as it relates to our management of shared stocks. It seeks to give a framework under which we would seek to reach agreement with neighbouring countries, third countries and the EU.”
“(3) The fishery policy authorities must ensure that a comprehensive enforcement framework is developed in accordance with Council Regulation (EC) No 1005/2008, as amended from time to time. (4) The fisheries policy authorities must by regulations make provision for any technical requirements necessary to implement this section.”— (Mr Carmichael.) The purpose of this amendment is to strengthen the existing mechanisms for monitoring and control to help prevent illegal, unreported and unregulated fishing. This includes requiring transmission of position data at least every 20 minutes and requiring electronic monitoring equipment on the majority of vessels capable of carrying such technology. Brought up, and read the First time .”
“(2) The fisheries policy authorities must ensure that all fishing vessels over ten metres length overall fishing within British fishery limits and all UK fishing vessels over ten metres length overall fishing within and outside of British fishery limits must have electronic monitoring equipment in order to— (a) provide detailed and accurate documentation of all fishing activities, monitoring of compliance with fisheries and marine management measures and the ability to record levels of discarding, as well as details of catch of species, whether subject to catch quota or otherwise, and (b) enable the estimation of the size and quantity of the marine biological resources taken or transported and to enable the identification, to the extent possible, of— (i) the species of marine biological resources taken or transported; (ii) the types and features of fishing gear used, and (iii) any technical bycatch mitigation measures used.”
“New Clause 12 Duty to ensure adequate monitoring and enforcement “(1) The fisheries policy authorities must ensure that all fishing vessels fishing within British fishery limits and all UK vessels fishing both within and outside of British fishery limits must have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the vessel monitoring system by transmitting position data at least every 20 minutes and sharing such position data with the relevant fisheries policy authorities.”
“We know from experience of the common fisheries policy that, unless there are principles such as sustainability everywhere, Governments and fisheries managers are always very ingenious at finding ways not to follow them. Given the lateness of the hour and the fact that we will probably want to return to this issue on Report with a broader audience, I am not minded to press for a Division at this stage, so I beg to ask leave to withdraw the new clause. Clause, by leave, withdrawn.”
“It is a pity that the Minister’s appetite for declaratory clauses appears to have been sated by the introduction of new clause 22. I confess that I struggled to follow some of his reasoning. It comes to the point about subsection (6). Essentially, the Minister seems to be saying that we will behave in such a way that it is unnecessary for us to include the provision in the Bill, because those are our international obligations, although we are not expecting anybody else to follow their international obligations in the same way. I confess that I do not understand the logic of that. However, having said that, the sustainability point remains.”
“I beg to move, That the clause be read a Second time. This is a very much a probing new clause. There is little in the Bill—arguably nothing—that deals with monitoring and enforcement. This proposal, authored by Greener UK, is to have real-time reporting with technological devices and CCTV cameras. Those are live issues within the industry, and between industry scientists and conservationists. It is unfortunate that there is nothing at all in the Bill on the matter, so I have tabled the new clause to give the Minister an opportunity to explain what the Government will do about monitoring and enforcement, close to the implementation of the Bill.”
“The joy is matched by your own presence in the Chair, Mr Gray, I assure you. The challenge was put down that we should have Home Office Ministers on our fishing boats. It seems that the best we are going to get is some Border Force officers on a fishing boat, and not necessarily in the circumstances that we might have voted on for the purpose that we were discussing. I said at the start that the new clause was intended to be probing. I think that the Bill would benefit from the inclusion of provisions on enforcement and monitoring. I hope that the Minister will reflect on that. Otherwise, we might wish to return to the matter on Report. I am pretty certain that my noble friends will have an approach to this. In the meantime, I beg to ask leave to withdraw the motion. Clause, by leave, withdrawn .”
“I support the new clause, which I think would improve the Bill. I certainly take the view that a dispute resolution mechanism would be preferable. In the absence of that, however, having a duty to co-operate would at least allow for a situation in which any party that was not co-operating could be subject to judicial review, because they would be in breach of a duty given to them under the law. For the Minister to say that there is an imperative to reach an agreement on the face of the Bill presupposes that everybody will work in good faith. In the event that people are not working in good faith, there has to be a mechanism for identifying that. The Bill is currently deficient in that regard. The new clause is second best, but it would be better than nothing.”
“If he does push it to a vote, I will support it.”
“We have seen some measure of progress in this regard since 2002 and then in 2012, with the creation and then the strengthening of regional advisory councils, which—although they are an imperfect animal—have been a vast improvement on what we had before. This is a mechanism by which the industry, scientists, conservationists and others can all be kept in constant dialogue. That would be an eminently sensible move, and the Minister would do well to note that this is essentially the policy put forward by the National Federation of Fishermen’s Organisations. Its willingness, as the voice of our industry, should be rewarded and encouraged. For that reason, I support the new clause and hope that the hon. Member for Plymouth, Sutton and Devonport will push it to a vote if the Minister does not have something positive to say about it.”
“Fisheries management, and the politics surrounding it, is always at its worst when all the various stakeholders and parties retreat to their own silos and just lob howitzers at each other. We have seen how that works at different points over the years. It is unproductive. The secret to effective fisheries management, in my view, has always been to require there to be credibility from the system in the eyes of the industry, meaning that the industry has to be involved in the dialogue every step of the way. Getting fishermen, scientists, conservationists and the various Government agencies all in the room at the same time makes perfect sense.”
“I commend the Minister for all those moves—they are exactly what he should be doing. However, this issue requires a Minister to be prepared to engage in that way. The Minister has been a Member for a good few years; he has certainly seen a few Fisheries Ministers in his time, and before he came to the House he saw other Fisheries Ministers who had a very different approach. Does he not understand that there is merit in putting the issue on the face of the Bill, to ensure that those who follow him will be required to undertake the same laudable steps that he himself has taken?”
“What we have here is a power—a stick that the Minister may hold behind his back—to concentrate minds in the event that the initiatives taken by the industry are not pursued as universally and rigorously as the gravity of the situation demands.”
“The inclusion of such a clause should be supported. If someone walks along any beach these days, they will see discarded rope, net, broken floats and old floats. Unfortunately, a lot of the plastic waste on our beaches comes from the fishing industry. There is a mixed experience with regard to the industry and its approach to that. There have been several really good initiatives over the years, some of which I have supported, particularly Fishing For Litter. Such things should be encouraged. It is in the industry’s interest to ensure that the amount of plastic in the oceans, which then breaks down and becomes the microplastics that the hon. Member for Hartlepool referred to, is not there, because it will have an adverse effect on the fish that are caught. What enters the food chain has a consequence.”
“The issues that I sought to explore in relation to new clause 23 were well explored earlier in our proceedings, and accordingly I am not seeking to press it. Title Amendment made: 10, title, line 11, after “fisheries;” insert— “to make provision about the legislative competence of the National Assembly for Wales in relation to fishing, fisheries or fish health in the area of the Welsh zone beyond the seaward limit of the territorial sea;”— (George Eustice.) This amendment to the long title of the Bill is consequential on NC5.”
“It has clearly not been an easy year but I hope he will do everything he can to bring home the best possible settlement because the sustainability we have spoken about in theoretical terms during the Committee is very much at stake in practical terms.”
“Further to that point of order, Mr Gray. I associate myself with those comments. It is at least eight and possibly nine years since I last sat on a Public Bill Committee. In fact, if I say that the last time I sat on a Bill of this sort it was a Standing Committee, you will understand, Mr Gray, that that takes us back to at least before 2010. In addition to those we have already thanked, we should record our thanks to those who gave evidence to the Committee. As a neophyte in that regard, I thought that was enormously helpful. That innovation has enormously improved our procedures. Finally, I associate myself with the best wishes with which we send the Minister to Brussels.”
“I have sympathy with the amendment, but I want to add a few words of caution. In my time in Parliament, I have often supported campaigns to land more fish in our own ports. Obviously it is important for the economic viability of coastal ports. My worry about the amendment is that the law of unintended consequences could come into play. Such a requirement would be quite challenging for some of the larger pelagic boats in my constituency. I anticipate that a significant proportion of their catch would probably currently be landed in Norway or Denmark. Essentially, my instinct is that fishing boats should be able to land wherever they get the best price for their fish. If the Government were to put into a Bill something that would limit that ability, it would be a bit of a blunt tool.”
“It seems to me that this is exactly the sort of decision that those advisory councils should be tackling, because the fishing industry itself knows best how to deal with that infrastructure.”
“Yes. In essence I agree with the hon. Gentleman about that. When I practised law in his constituency, Macduff was omitted from the list of designated ports. That was virtually the end of—or it was at the time a real threat to—the processing that was done there. When we want to consider building infrastructure—not just landing infrastructure, but ice houses, processing plants and the rest—there are probably other ways we should go first, before doing something as blunt as what is proposed. In relation to this Bill, the National Federation of Fishermen’s Organisations is strongly advocating that we set up advisory councils for fisheries administration, for example.”
“This is another such example. It is self-evident that this sort of thing should not be allowed. The precautionary principle, about which the hon. Member for Waveney spoke, is absolutely the right approach to take. Whether that needs to done through primary legislation is another matter, but we have primary legislation. This is the first time in my 17 and a half years as a Member of Parliament that we have had a specific fishing Bill. Since we have it, why do we not use it?”
“I think it is fairly well known in the House that I am essentially a simple soul. I lead my life according to some basic rules, from which I do not depart. One of them is to never mix water and electricity. No good ever comes of it. This amendment touches on one other example of that basic truth, from which we should not depart. It is quite remarkable that occasionally the industry manages to throw up new, innovative ways of doing things that are self-evidently wrong. When I was first elected to this House, one of the biggest complaints from the industry at that time was the operation of the Danish industrial fishery in the North sea hoovering up just about anything that was in the water, with mesh sizes in the region of 2 mm or 3 mm. It was as unsustainable a fishing method as one could imagine, and it was rightly stopped—eventually.”
“Anyone seeking evidence of the issue the hon. Member for Waveney raised is more than welcome to come and visit us in Orkney or Shetland and look at the cliffs. Cliffs that were once white with seabirds and other things—evidence of seabirds—are often empty at times of the year when they should be full. That causes enormous concern in our community. It is a good example of the way an ecosystem-based approach can bring benefits to the community beyond the fishing industry. Nature tourism is one of the liveliest and most rapidly growing sectors in our local economy, and it is a welcome boost. The sand eel fishery self-evidently has been a foolish enterprise for many years, and I very much endorse the hon. Gentleman’s comments and his efforts to end it.”
“I beg to move amendment 25, in clause 18, page 10, line 3, leave out paragraph (b) and insert� �(1A) Determinations under subsection (1) must by 2020 at the latest must not exceed the FMSY reference point and be in accordance with international law, having regard to the interdependence of stocks, in order to maintain the stock population above a level capable of producing the maximum sustainable yield and to ensure long-term viability of the stock population.� The purpose of this amendment is to set a target of 2020 for catch limits to be set at sustainable levels. It also removes the power of the Secretary of State to set fishing limits in line with the �days at sea� approach which can lead to overfishing.”
“I know there are concerns in the industry about maximum sustainable yields, but this is a commitment we have made and I am concerned that, at the very least, the Committee should hear an explanation from the Minister of why, at this stage, we should seek to walk away from it. I suggest that that is a somewhat poor signal to send.”
“It is a pleasure to serve under your chairmanship, Mr Hanson. Amendment 25 would reassert the commitment to reaching the maximum sustainable yield threshold, to which we are currently permitted as part of the common fisheries policy, by 2020. The amendment was drafted by Greener UK and it has the support of a number of environmental lobby groups. This is probably one of the most significant amendments that we will consider; it certainly comes to the heart of the matter. The lack of proper reference to the maximum sustainable yield is one of the most worrying aspects of the Bill. There is a nod toward this early in the Bill, but otherwise it is pretty well absent.”
“I would very much hope that they, too, would be working with a maximum sustainable yield principle. I am not aware of any suggestion that they would not.”
“He is right: that is the good and sensible place for maximum sustainable yield to be enshrined, but there is no guarantee that it will be. As we know, the fisheries statement will be subject to a negotiation between four Administrations. There might be any number of reasons why maximum sustainable yield might fall from that particular safety net. If, for any reason, it were not to form part of the fisheries statement, there is nothing else in the Bill that would enshrine maximum sustainable yield as the guiding principle. For that reason, I am not persuaded by the Minister�s assurances and will press amendment 25 to a division. Question put, That the amendment be made.”
“To deal with the question of days at sea first, as I said, these are probing amendments. The Minister�s comments are helpful and it is useful to have them on the record, so, as I indicated earlier, I do not intend to push the amendment to a Division. However, I want to tease out the Minister�s thinking about amendment 25 a bit more. His objection to amendment 25 is twofold. First, he says these things can be put into the fisheries statement, which is absolutely correct. Secondly, he says that this commitment will have to be met by the time the legislation comes into effect. I see no problem with that. For us to say that by the time we implement this we should have got to this point is not a criticism of the amendment at all. The Minister�s point about the fisheries statement is interesting.”
“I beg to move amendment 28, in clause�18,�page�10,�line�7,�at end insert� �( ) When determining fishing opportunities under this section, if the current biomass of the stock or the maximum sustainable yield are not able to be estimated reliably using the best available scientific advice, the Secretary of State must� (a) not use the uncertainty in that evidence as a reason for failing to determine fishing opportunities for the stock, and (b) determine the maximum quantity of sea fish that may be caught by British fishing boats which functions as a suitable scientific proxy to maximum sustainable yield, and is consistent with the scientific evidence and precautionary objectives.� The purpose of this amendment is to ensure that a suitable proxy is used to determine fishing opportunities for data-deficient stocks.”
“Likewise, amendment 29 sets a target of 2020 for fishing mortality to be set at a sustainable level for stocks that are not subject to catch limits, such as shellfish. It would bring to the overall framework of fisheries management a coherence that is currently lacking.”
“Amendments 28 and 29 can, I think, be dealt with in fairly short order. Again, they try to put a bit more environmental rigour into the Bill�the sort of thing that we saw in the White Paper, but which does not seem to have survived the translation from policy into legislation. In relation to amendment 28, the Minister and the Committee will doubtless be aware that there are a number of species that are, to use the jargon, data deficient: that is to say, we do not have the useful data that we would require in order to set them as quota species. The procedures outlined in the amendment are guidelines that are to be applied to ensure that a lack of sufficient data is not used as an excuse, or a reason, for fishing those species irresponsibly. The amendment really is self-explanatory.”
“I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.”
“Every day is a school day. Who knew that we could age a fish by measuring its eardrums? I am grateful to the Minister for a very detailed answer. These amendments are a bit more than probing amendments; they are about serious issues, which require full consideration. Again, this is another area where we see the general deficiency of the approach that the Government have taken to the Bill. I would be more impressed with the Minister�s views on getting more data in relation to data-poor species if he had taken a different attitude towards the amendments that we have tabled to document all fish that are caught. Notwithstanding that, and to allow the Committee to make some progress, I will not press this matter to Division today, with the caveat that we will probably wish to return to it on Report.”
“The property rights could be defined in a very different way, which, with hindsight, we might wish we had done 30 or 40 years ago but did not. As I say, the amendment would make a fairly big and open-ended commitment. I do not know whether it would necessarily be the best use of the money required. Before I went down this road, I would want to know a bit more than the broad principles. I would want to know how the practicalities would work. As the hon. Member for Plymouth, Sutton and Devonport said, fish quota have essentially been privatised. He is effectively talking about nationalisation, and that comes with a price tag attached.”