← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Luke Pollard

MP for Plymouth Sutton and Devonport · Labour (Co-op) · United Kingdom

IN THEIR OWN WORDS

As the Member of Parliament for Devonport, where we not only base-port but refit Type 23s, I know that many of those ships that have given decades of service are no longer able to provide the capabilities we need.

ROYAL NAVY SURFACE FLEET · 2026-07-06 · READ IN HANSARD

It is unlike the SNP to be so positive about defence, isn’t it? The Type 83 and Type 32 were PowerPoints—there was no budget attached to them. That is why in the defence investment plan we set out a plan for a common combat vessel and a hybrid Navy to fulfil the opportunities that the retirement of the Type 45 presents for us.

ROYAL NAVY SURFACE FLEET · 2026-07-06 · READ IN HANSARD

If the right hon. Gentleman is talking about a salary of up to £1 billion, he is cosplaying as the hon. Member for Clacton (Nigel Farage), isn’t he? Seriously, we are the third-largest cash spender in NATO. At the spending review next year, we will be setting out an increase in defence spending.

TOPICAL QUESTIONS · 2026-07-06 · READ IN HANSARD

My hon. Friend really is the Member of Parliament for the Royal Fleet Auxiliary, as she is determined to champion it so frequently. She will have seen in the defence investment plan our commitment to the new generation of fleet solid support ships, and she will have seen the work that this Government have undertaken since 2024 to address…

ROYAL NAVY SURFACE FLEET · 2026-07-06 · READ IN HANSARD

I say seriously to the House that my hon. Friend has been an incredible advocate for Rosyth. I have met him on a large number of occasions, and he has been absolutely determined to talk not just about the potential of Rosyth, but about the professionalism of the men and women who work there and the opportunity for young people to have a c…

ROYAL NAVY SURFACE FLEET · 2026-07-06 · READ IN HANSARD

We inherited a situation where the north-east was the region with the lowest Ministry of Defence spend in the country and we have made it a mission to increase defence spending in the north-east. We have an incredible talent pool in the north-east, with brilliant defence companies both large and small doing brilliant work.

TOPICAL QUESTIONS · 2026-07-06 · READ IN HANSARD

The complete record

Every one of 5,421 lines we hold for Luke Pollard, in date order, each linked to its source. Free to read, in full, without an account. Page 79 of 109.

  1. 19. The NHS 10-year plan in Plymouth will be delivered not only by NHS staff but by social enterprise staff. Those staff who work for social enterprise Livewell in Plymouth have had difficulty accessing the NHS pay rise and the NHS pension uplift. Will the Minister agree to meet me and Livewell’s staff so that we can resolve this issue, to ensure that all staff who work for a social enterprise receive the pensions they deserve?

    NHS WORKFORCE · 2019-03-26 · READ IN HANSARD

  2. That is technically correct—three days is certainly less than one year away—but I wonder how long this SI has been sitting on the books. There is a point here about how late we are looking at so many of these SIs, ahead of what was previously exit day on 29 March. That sentence suggests to me that this SI has been sitting around for a long time.

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  3. As the Minister will know, and the former Minister will certainly know, I am a big fan of keeping geographical indication protections so that the GI status of, for example, Cornish pasties can be protected after whatever form of Brexit we have. I am concerned that revoking protections on certain types of wine will be the start of a reduction in GI protections that could encourage our European friends to further remove protections on UK products. Finally, in the explanatory memorandum for the draft Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019, paragraph 7.3 on page 4 states: “With exit day less than one year away, and in the continued absence of a Northern Ireland Executive”.

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  4. I believe that threshold level is still too broad, but it is good to see that a threshold level is being inserted at all. On the draft Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019, can the Minister explain the revocations in part 4? My understanding is that this SI revokes geographical indication protection for a series of incredibly posh wines that I have not been fortunate enough to try, including Bürgstadter Berg and Monzinger Niederberg, which according to my friends at Google is a wonderful Riesling. I would be grateful if the Minister set out whether those protections are replicated elsewhere, or whether what we are doing here is removing geographical indication protections.

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  5. The Minister, and certainly his predecessor, will know that I have been critical about the wording of impact assessments throughout this entire process and the phraseology that said there is no or no significant impact was used in earlier statutory instruments. As we are coming to the end of these DEFRA SIs, I wish to put on record that impact assessment paragraph 12.3 on page 5 is significantly better than the wording when we started the process. I am grateful to officials for beefing that up. I am also especially grateful for the addition of the understanding about the financial threshold and the impact the instrument suggests. In this case, it states that “the change in regulation falls below the £5m p.a. threshold for net direct costs to business.” In my mind, £5 million seems to be a significant impact for businesses.

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  6. As the Minister is double acting with his former Minister, he will excuse me if the shadow team does the same. I have only a few technical questions. In the draft Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019, explanatory note 7.5 on page 4 states: “The Secretary of State may also exercise the functions on behalf of a devolved administration, but only with their consent.” Can the Minister provide clarification with regard to the concerns he raised earlier about the functions being used in relation to powers in Wales? What type of consent does the Minister need to seek? For the sake of clarity, can the Minister set out whether he can exercise those powers in Wales without the consent of the Welsh Assembly due to the devolution settlement being confused?

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  7. I am grateful to the former Minister, who is again backseat driving the Minister’s role. I would like to think that officials are that prescient about the Government’s inability to bring forward a deal that they can get a parliamentary majority for, but I suspect the answer is that this SI has been sitting on a desk in DEFRA for some considerable time, and we are waiting until the last moment for these SIs to be given the scrutiny they deserve. As my hon. Friend the Member for Stroud said, driving through so many SIs means that the level of scrutiny that stakeholders and the Opposition can give them is more limited than if we had been given more time. However, I would be grateful if the Minister set out answers, particularly about the geographical indications and what they mean for the read-across of UK protections.

    DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS FRAMEWORK (MISCELLANEOUS AMENDMENTS, ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON ORGANISATION OF THE MARKETS IN AGRICULTURAL PRODUCTS AND COMMON AGRICULTURAL POLICY (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT AGRICULTURE (LEGISLATIVE FUCTIONS) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-26 · READ IN HANSARD

  8. My understanding from Ministers’ statements is that the post-CAP funding settlement is expected to lead to an above 40% reduction in the total value of agricultural support. If the Parliament ends before 2022, what measures are in place to provide the same timeframe for farmers and others in the agricultural sector, so they can adjust to what could be quite a substantial difference in agricultural subsidies?

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  9. I am grateful that the Minister set out the gremlins that he discovered in the explanatory note. In a previous SI Committee, I asked him to assure us that there were no gremlins in the explanatory notes or the SIs, but one was pointed out in the very next SI Committee. I am glad that he spotted that one, but I wonder how many other gremlins in these SIs have not been spotted. I do not anticipate that the Minister has a list of how many have not been spotted; the point is that there could be others. Finally, I want to ask the Minister about the agriculture support. The Government have committed to continue funding until the end of the Parliament, rather than a certain date. What happens to the funding if the Parliament ends before 2022, especially if there is a shortfall?

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  10. First, the SI suggests that the threshold for the financial year ending 31 March 2020 is £2.093 billion, and the financial threshold for the year ending 31 March 2021 is £2.095 billion. That is an increase of only £2 million. What calculation and rationale was there for that £2 million? Why is there no reference to any retail prices index or consumer prices index calculations? Secondly, I want to press the Minister on the exchange rate used. Throughout the document, euros, rather than pounds, are used for financial payments. I could not see anything about the exchange rate. Any big fluctuations, such as the fall in the value of the pound after the 2016 referendum, could have a substantial effect on the exchange rate. Is there a mechanism to adjust that to ensure that our farmers do not lose out?

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  11. Page 16 states: “Any changes as a result of the use of powers after EU Exit will only be carried out with the consent of the devolved administrations.” The Opposition proposed an amendment that would have created a dispute mechanism to ensure that, if that happens, there will be a plan in place to resolve it. The Government disagreed with that dispute mechanism, but I note that there is no method of dealing with the issue in this instrument. I will be grateful if the Minister sets out how he intends to deal with it. On the Agriculture (Legislative Functions) (EU Exit) Regulations 2019, I would be grateful if the Minister set out, in relation to financial discipline in England, the different thresholds specified in the regulations. I have two questions about the regulations.

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  12. The Minister will be pleased to know that I have just a small number of technical questions. Before I turn to agriculture, I briefly want to mention fisheries. The explanatory memorandum for the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 talks at the bottom of page 3 about the EMFF funding. It was asked during the passage of the Fisheries Bill what happens in the event that the powers jointly exercised by the Secretary of State and the devolved Administrations cannot be exercised with complete unanimity because one of the devolved Administrations object to the Secretary of State’s policy. That is referred to on page 3 of the explanatory memorandum.

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  13. On the technicalities of the two threshold levels, I would be grateful if, when the Minister prepares his note to me, he set out the thinking behind the €2 million mark, whether that is RPI or CPI-related, and what formula created those two levels.

    DRAFT AGRICULTURE (LEGISLATIVE FUNCTIONS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY (FINANCING, MANAGEMENT AND MONITORING SUPPLEMENTARY PROVISIONS) (MISCELLANEOUS AMENDMENTS) (EU EXIT) REGULATIONS 2019 DRAFT COMMON AGRICULTURAL POLICY AND AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  14. One way to retain more Royal Marines is to ensure that their accommodation is of high quality. As Plymouth is no longer getting the superbase we were promised, could the Minister set out how the facilities at Stonehouse barracks will be increased, including making sure that all the accommodation blocks have hot water and good heating?

    ARMED FORCES RECRUITMENT AND RETENTION · 2019-03-25 · READ IN HANSARD

  15. Concerns have been voiced by many of the stakeholders that we on the Opposition side work with about the sheer volume of legislation being pushed through, and about their ability to adequately scrutinise dense legal text and provide good scrutiny from a stakeholder perspective. Some 80% of UK environmental laws come from the EU.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  16. It is a pleasure to see you back in the Chair, Mr Davies. It is good to be in Committee for a second time today, albeit not in the same room—this time to debate fisheries. I begin with the usual health warnings about the speed and the volume of the statutory instruments that are being pushed through. The Opposition believe that there are several glitches and gremlins in them that would have been caught with greater scrutiny and that could have severe consequences when it comes to implementation. We have concerns, which I will set out in turn, about all three instruments that the Committee will consider today. Combined, the instruments represent about 190 pages of additional regulation.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  17. I am grateful for that intervention. It is good to see the former Fisheries Minister, the hon. Member for Camborne and Redruth, in his place, and good to know that the Government now need not only a Fisheries Minister but a former Fisheries Minister to rebut some of the Opposition’s scrutiny. The concerns that we are raising sometimes relate to the implementation and drafting of the regulations. As the hon. Member for Camborne and Redruth will know from the statutory instrument Committee we sat on earlier today, the Minister himself acknowledged that there was a gremlin in that particular statutory instrument, which we flagged up. Our concern is about what other gremlins are in the statutory instruments we are considering today, and how they will affect future considerations.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  18. Given the fact that we are leaving the European Union, that might not be an unreasonable assumption, but our concern is that no subsequent scrutiny functions are inserted. The oversight role that we are looking for is no longer there.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  19. Several provisions in the first common fisheries policy SI remove functions currently carried out by EU bodies, such as the European Commission, the Scientific, Technical and Economic Committee for Fisheries, the European Fisheries Control Agency and the Advisory Council, which are not replaced in this particular SI. The loss of monitoring, reporting and other governance requirements will seriously undermine the functioning and effectiveness of the law. I would be grateful if the Minister came back on that point when he gets to his feet. Obligations to provide assessments from reports to the European Commission and the European Parliament have been removed, including the provision of data on stock quantities.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  20. I am not trying to be difficult or fly a partisan flag, but the concerns about this SI were also highlighted last month by the Secondary Legislation Scrutiny Committee, on 6 February. Its report states: “Given the significance of fisheries as a policy issue, the House may wish to explore further the approach the Government have taken with this instrument.” We also reject these SIs being grouped together. That is one reason why we have asked for them to be taken individually, and why I will focus my remarks on each in turn. I have mentioned the governance gap, which was raised by a number of stakeholders. That is a common theme that Ministers and Government Members will have heard about from the Opposition when responsibilities, especially oversight responsibilities, are being moved from EU bodies to UK bodies.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  21. We have specific concerns about the Government’s ban on electric pulse trawling: it is a good example of a policy change hidden within these SIs, notwithstanding the Minister’s statement that there are normally no policy changes in such SIs. I understand that the Minister will want us to hold our nose and vote these SIs through, because we are at risk of careering towards a no-deal Brexit. In the area of fisheries, unlike in other areas of Government scrutiny, the regulations are not necessarily in place if we do not pass these SIs, so we need to make sure we are using our time properly. However, given the extension from 29 March to 12 April, I suggest to the Minister that some provisions in these SIs should be looked at again and the instruments re-laid, so that they can be comprehensive and fulfil the role they are supposed to.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  22. Environmental organisations have got in touch with us to recommend that these common fisheries policy SIs be annulled and updated, because they fall short in a number of areas. I will take the Committee through the areas in which we believe the SIs, and this one in particular, are falling short. These SIs risk creating a governance gap, placing responsibilities from EU bodies on to organisations that are yet to be created or sufficiently financed. They leave gaping holes in the area of enforcement, leaving fishers less safe and our waters less protected—a concern that the Opposition have raised about previous SIs. There is a risk that these SIs could degrade environmental standards, a point to which I will return when we consider electric pulse trawling.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  23. As Business Green has noted, “The pace at which draft legislation has been processed has been relentless…Parliamentary scrutiny has been creaking at the seams with MPs and peers often admitting they haven't had enough time to review the legislation thoroughly.” I will now set out the Opposition’s concerns about these SIs, starting with the draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019. We have a number of concerns about how the powers provided for in section 8 of the European Union (Withdrawal) Act 2018 are being used. The drafting in a number of areas appears to be defective: it often fails to adequately correct the provisions of EU law, and makes a number of policy changes to the current provisions.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  24. I am grateful to the Minister for making my point for me. The fact that mistakes have been made in that respect means that other mistakes could be made, which is why enhanced scrutiny is important in making sure that the regulations we are considering today—all 190 pages of them—are dealt with sufficiently robustly. These regulations affect one of our most important sectors, one that is especially important for those Members who represent coastal communities.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  25. The former Minister is right about one element: after we leave the EU, some of those functions will be carried out by other bodies. However, there is no requirement in these SIs for those other bodies to pick up those requirements, nor is there a home for those scrutiny functions to sit in between leaving those EU bodies and becoming part of any future bodies. That is a concern, because it assumes that we will participate in those bodies in the future. I think some of the examples that the former Minister just raised are fair. However, the situation does not sit easily with me. We need to ensure that there is adequate scrutiny throughout.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  26. I am grateful to the former Minister. Our CEFAS scientists are brilliant. He will know our concern that there is insufficient focus on science in creating truly sustainable fisheries with the Fisheries Bill. I take your note, Mr Davies, about not talking about things that are not in these SIs, but these SIs need to fit together with the Fisheries Bill, and that Fisheries Bill has sunk without trace. It is no longer being tabled. I am really concerned that the lack of a Fisheries Bill—indeed, of an Agriculture Bill for the associated one—means that the jigsaw that is being put together with these SIs is incomplete, and the fishers cannot see what type of environment is being created for them after we leave the European Union.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  27. That creates the risk of a governance gap in this particular SI.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  28. The lack of formal stakeholder engagement means that the involvement of the fisheries industry is removed with the direct implementation of this SI, which is a point of concern not just for the Opposition, but many of those stakeholders. The Secondary Legislation Scrutiny Committee highlighted in its report that the Department for Environment, Food and Rural Affairs argued: “The oversight function that the Commission currently holds over Member States could, for England at least, be provided by the Office for Environmental Protection (OEP)”. But in the event of no deal, that will not necessarily be provided. That is where stakeholders have created a governance gap. Indeed, the Office for Environmental Protection is, as hon. Members will be aware, coming down the track—not something that we can implement today.

    DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY AND AQUACULTURE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT COMMON FISHERIES POLICY (AMENDMENT ETC.) (EU EXIT) (NO. 2) REGULATIONS 2019 · 2019-03-25 · READ IN HANSARD

  29. That reporting requirement is important, because it is about how we have decent scrutiny of any of the implications of this SI and how hon. Members—assuming they fulfil the role of scrutiny of the European Commission, previously performed by the European Parliament—are able to scrutinise the outcome of this SI. References to “advisory councils” have been removed and not replaced in this SI. The Minister will know that the Opposition tabled amendments to the Fisheries Bill, to include advisory councils in the future fisheries regulation—a proposal that the former Minister encouraged Members on the Government Benches to vote down.

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  30. Indeed. I suggest that the former Minister lobbies his colleague, the new Minister, to bring forward the Fisheries Bill, because without a Fisheries Bill we have no legal and legislative framework to hold ourselves together. The former Minister proves my point again, because we lack a Fisheries Bill. That may have been a concern of his when he was at the Department. I return to this SI in particular. The key role that the Commission plays in the control and enforcement of the rules of the CFP has been removed and not replaced by this SI. Regulation 4(43) of this SI removes articles 96 to 118 relating to the European Commission’s control of the application of the CFP and Council regulations 1224/2009 by member states, including the requirement on member states to report on implementation.

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  31. That means that many of the concerns could have been raised at a pre-legislative stage rather than their having to be dealt with as a simple binary yes/no approval in relation to this SI, for example. Will the Minister address those concerns? I am concerned that this first SI fails to deliver the comprehensive governance arrangements that we need for fishing in future. Will the Minister set out a detailed response to those points?

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  32. Stakeholders have raised concerns with us about the thoroughness of the provisions that replace the ability that is now being removed from this SI. Will the Minister address those concerns? The Opposition have concerns about these statutory instruments, many of which are comprehensive and detailed and require good legal knowledge if their full implications are to be understood. I am aware that the Minister has opened a DEFRA reading room for some stakeholders, but not all. Indeed, parliamentarians have been explicitly excluded, which means that the time available for scrutiny has been limited. If we were dealing with only one SI at a time, the issues might be understood, but we are dealing with dozens at the same time.

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  33. We are led to believe that all we are doing is simply swapping out European Commission functions for member state or UK functions, so it is worth asking whether we are removing functions as well as transferring them over. Where does all that sit? We saw tensions flare in last year’s scallops war, but there could be additional risks in future, and enforcement is an important part of ensuring that our fishing sector is able to succeed. We need more protection for our fisheries after we leave the EU, not less. Finally, I turn to conservation. When it comes to sustainability, certain provisions of the CFP in relation to emergency measures have been removed entirely from this SI. Regulations 4(35), 4(53) and 4(54) remove the ability of the member state or the Commission to close fisheries or prohibit fishing where a stock has been exhausted.

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  34. Regulation 4(10)(c) removes the ability for a member state to share vessel monitoring system, or VMS, data of its flag vessels with another member state where its flag vessel is in that state’s waters. That presents a risk that the UK will not have access to other countries’ data, which risks overfishing. What is replacing that provision? We know that data sharing between the UK and the remainder of the European Union after Brexit has not yet been fully established. Regulations 4(69), 4(74), 4(78) and 4(81) of this SI again remove the obligation on member states to carry out certain inspections and requirements on what actions should be taken for infringements. Again, what replaces those provisions?

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  35. My hon. Friend has highlighted my point better than I was doing in my speech. Creating governance gaps in our regulations is deeply worrying. We need certainty. With the absence of a Fisheries Bill—I will return to this time and again—the jigsaw piece of the fisheries regulation is incomplete. If we look at regulations in future, the omission of advisory councils and other types of governance oversight included in the SI is deeply worrying, because it does not provide the same type of oversight as we have currently. There are concerns around enforcement in the first SI, which was also a weak area in the Fisheries Bill. Provisions remove the requirement to establish “effective, proportionate and dissuasive penalties”. Why have those penalties not been replaced in this SI? Perhaps the Minister will set that out when he gets to his feet.

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  36. I am reading into what the Minister has just said. The criticism I raised about VMS data-sharing is real, and it is a concern. When he gets to his feet, could he confirm that there are no data arrangements about VMS data-sharing? It sounds like he just admitted there were. For the record, it is really important that we are certain: is there data-sharing or is there not in relation to this SI?

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  37. The Minister is making a good fist of this, but I worry that he is placing much of the key emphasis—the foundation of his arguments—on Bills that might appear in the future. As we know from the Fisheries Bill, however, Bills can go missing—that Bill has gone missing without any date set for it to come back. We are placing hope in a Fisheries Bill that does not exist in the current parliamentary schedule—it stands no chance of coming back—and in an environmental protection Bill that might face a similar fate if introduced in the next Session of Parliament. We need to look at the protections in this piece of legislation, within our existing regulatory framework. Doing that reveals a governance gap, because we do not have the primary legislation in place. Does the Minister agree with that concern?

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  38. Certain provisions of this SI, such as regulation 25(11), remove requirements for the UK to co-operate with other countries when taking measures to protect fish stocks. That presents a risk that the important role that other countries and European functions play in ensuring that fish stocks are maintained will be lost and not replaced. Further to the concerns raised about the first SI, the question is how we ensure that we have a functioning fisheries regulatory environment, especially when it comes to sustainability, as soon as we leave the European Union.

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  39. Regulation 25(7) removes reference to article 7(3) of Council regulation 2018/973, which provides that emergency measures under the CFP should form part of remedial measures to restore stocks above maximum sustainable yield. That sounds very technical, but what it effectively says is that we must ensure there are sufficient fish in the sea for our fishing industry to fish, and the changes to that could be quite considerable. Provisions on conservation measures have also been removed and not replaced; regulation 3(5) of this statutory instrument removes articles 6, 7 and 8 on types of conservation measures and the establishment of fish stock recovery areas. That is a concern to a number of stakeholders who have got in touch.

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  40. The explanatory notes to the draft Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 say: “The technical changes made by this instrument are necessary to ensure that the rules contained in the CFP continue to operate effectively, so that fishing within UK waters continues to be regulated in a sustainable manner.” However, our concern is that how sustainability will be provided is open to broad interpretation. Provisions of the draft Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 replace certain duties on authorities to take action with powers. This is not only a legal change, but also potentially undermines the effectiveness of the law. The main concerns around this raised by stakeholders—some environmental and some from the industry—relate to conservation.

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  41. This draft instrument bears the brunt of my concern and the Opposition’s concerns about electric-pulse beam fishing. I am grateful to the Minister for doing my job for me by saying that there will be no changes in behaviour because of the draft instrument, and then in the next sentence saying that changes over time will build a more sustainable fisheries industry. Both cannot be true. My concern relates mainly to the electro-pulse beam fishing method. There is widespread, cross-party condemnation of this method, as was raised in the Fisheries Bill Committee. I will spend a bit of time talking about those concerns in relation to the draft instrument.

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  42. Given how strong a fish is, a considerable amount of force is needed to break those vertebrae, and that involves a level of cruelty that I think the people who sent us to this place would find completely unacceptable. The Minister will know that the Opposition have significant concerns about this ban. It does not go far enough, it is open to abuse and it fails to make good on the promises that I believe were made by his predecessor in the Fisheries Bill Committee, where the Opposition tabled amendments that, by my rough arithmetic, would have passed if we had not withdrawn them.

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  43. I like to think that scrutiny is a bit like energy. We cannot destroy it; it can only be moved from one function to another. If we are taking scrutiny away from the European Commission, it must be placed somewhere else, and that is not what this SI does. Our main concern with this SI relates to the phony ban on electric pulse beam trawling. Crucially for us, this SI had the potential to create commonality—a common bond between the Opposition and the Government on the need to ban this cruel fishing method. As my hon. Friend the Member for Hartlepool said, this fishing method is cruel. The voltage used by some fishers can be so high that it breaks the vertebrae of the fish they are dealing with.

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  44. Page 16 of the explanatory notes—hon. Members may wish to read this for themselves—states: “The derogation will therefore permit the authorisation of up to 5% of all the beam trawlers in the United Kingdom fleet to use the electric pulse trawl, along with certain other conditions that remain the same as before EU Exit.” To me, a ban on a fishing method means that no one can use it. Allowing 5% of beam trawlers to use that method sounds like authorising a large number of fishing boats to use it.

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  45. The previous Minister and I were corresponding on this issue before he resigned from the Government. I thank him for responding to my feedback, but it was unfortunate that he decided not to accept it. The Opposition were trying to create a comprehensive ban that would have ensured that this fishing method was not seen in our waters. In Committee, we withdrew an amendment that would have put a ban in the Bill. Following the Minister’s response to the amendment, I was more than happy to grant him the opportunity to correct the situation. Although we welcome the idea of introducing a provision in the SI to ban electric pulse beam fishing, we do not believe that this one goes far enough, because, as the explanatory notes state, far from removing the ability for any boats to fish with this method, it includes a derogation.

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  46. The hon. Gentleman tempts me to move ahead with my speech; I will run through the first bits, and then, if that does not address the point, I am happy to come back to it. This controversial form of fishing in UK waters is done mainly by Dutch trawlers operating under a phony scientific derogation. They have effectively built a commercial fishery in electric pulse beam fishing—a fishing method that has caused excessive harm to our marine life. British fishers and conservationists warn that it is wreaking havoc on our sea bed, and there are reports that large parts of our sea bed have been turned into graveyards after this method has been used in the waters above them. It is powerful enough to break the vertebrae of large cod, and it is thought that similar damage and suffering is being inflicted on other sea life.

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  47. The former Minister hits on the problem. The SI does not do what it needs to. The commitment given when the Committee amendment was withdrawn was that an SI would come forward that would comprehensively ban electric pulse beam trawling. That is not what the SI does. It opens the window for up to 5% of all beam trawlers in the UK to use electric pulse trawl, and certain other conditions remain the same as before. That is not the ban that we need.

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  48. My hon. Friend is right. If we are to create sustainable fisheries, we need them to be sustainable, both environmentally, by dealing with climate change and its effects, and economically. The temptation to use this method is a real concern, which is why I want to see it banned comprehensively, with no provision for an opt-out.

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  49. Our concern is that the SI creates a loophole in law and does not set out a clear enough vision or certainty that this method will be banned. I would like to see the SI brought forward again with that loophole removed, in which case the Opposition would be happy to support the Minister.

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  50. Potentially allowing 200 boats—5% of beam trawlers—to use this fishing method in future opens the opportunity for considerable pain. I would also like the Minister to edit this part of the SI to include additional protections. The former Minister set out the need for occasional scientific derogations, to investigate whether elements of technological change in pulse beaming could be more sustainable, but clear parameters should be set around that. The Minister missed a trick with regard to public consultation, and when he said there was no prohibition on this type of fishing activity in marine protected areas, or within 12 nautical miles of the shore. We believe there should be strict punishments and proper enforcement. I am conscious that hon. Members wish to return to the main Chamber, so I will not keep us on this point much longer.

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