10. Legislative Consent Motion on the Fisheries Bill

Part of the debate – in the Senedd at 5:57 pm on 6 October 2020.

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Photo of Lesley Griffiths Lesley Griffiths Labour 5:57, 6 October 2020

Thank you, Chair. I'm very pleased to bring forward this legislative consent motion for the UK Government's Fisheries Bill. I would like to thank members of the Climate Change, Environment and Rural Affairs Committee, and the Legislation, Justice and Constitution Committee, for their detailed scrutiny of this Bill during its passage through the UK Parliament. I've laid a number of LCMs across the many lives of this Bill, and I'm grateful for the committees' consideration of them. I recognise the timetable for scrutiny has often been extremely tight, but much of this has been out of our control. There are significant challenges to try to co-ordinate Parliament and Senedd timetables. Wherever possible, I've aimed to provide committees and Members with as much information as possible.

I was pleased to be able to agree to the majority of the recommendations in the LCM reports from both committees, and I hope I provided clarity and reassurance on the points raised. Mick Antoniw, the chair of the LJC committee, wrote to me yesterday seeking further clarity on several issues, and I will address those comments in my opening remarks. I will, of course, also be formally replying to the letter. 

The Welsh Government supports this Bill for a number of reasons. Firstly, it extends the legislative competence of the Senedd in matters relating to fishing, fisheries and fish health in the Welsh zone. That was our No. 1 ask, and a clear red line for me. This will enable us to bring forward a Welsh fisheries Bill in future for all Welsh waters. Secondly, we remain committed to implementing a collaborative UK-wide approach to create a fisheries framework, which can only be done effectively in a UK Bill. Thirdly, it will provide a coherent set of powers for managing our fisheries as an independent coastal state. I have been clear it is not my intention to keep the non-framework powers in a UK Bill for any longer than is necessary. In the meantime, I've agreed to the climate change committee's recommendation on the need to make a biennial report to the Senedd on the implementation of the Bill in relation to Wales until such time as a Welsh fisheries Bill is introduced.

In relation to Schedule 3, I note the LJC committee's concerns raised on the powers within Schedule 3 for sea fish licensing authorities. The fisheries licensing powers are part of the framework powers. Around the circumstances in which I would consider it necessary and expedient to exercise the Schedule 3 powers, it is my view these regulation-making powers are drafted appropriately for the effective functioning of our fisheries licensing system now and in the future. Regulations made under these powers will be subject to Senedd scrutiny.

Another issue both committees raised in their scrutiny was in relation to the power of the Secretary of State to determine fishing opportunities and the potential to impact on devolved competence. Satisfactory resolution of this issue has always been a red line for me. I note the Chair of the LJC committee's view on this matter, however I am satisfied this issue will be resolved via the UK fisheries framework memorandum of understanding and the exchange of letters with the UK Government, which I shared with the committees, and that provides me with the level of assurance needed.

As I have advised committees, I had hoped to be in a position to share the drafting of the memorandum of understanding in advance of today's debate. However, given the wide-ranging nature of the memorandum of understanding, it is still in development, and, with the timetable for this Bill, it was impossible to share in advance of today's debate. However, I would not be bringing this Bill forward for consent if I was not satisfied this issue had been satisfactorily resolved. Regretfully, the fast pace of the Bill in the final stages in the UK Parliament has meant the usual committee scrutiny of the latest supplementary LCMs has not been possible. I am pleased therefore we have an extended debate today to provide Members with the opportunity for their views to be heard. 

I wrote to committees last week, noting we are seeking further amendments at Commons Report Stage. Due to delays by the UK Government, it was not possible to finalise some of the necessary amendments prior to this debate, which is not ideal. With that in mind, I included in my letter to the committees details of the amendments we are seeking. We have sought amendments to the Legislation (Wales) Act 2019 to ensure the Act applies to subordinate legislation made in relation to the Welsh zone following the extension of legislative competence in the Bill. We are also seeking agency arrangement powers to enable Welsh Ministers to enter into administrative arrangements with Scottish Ministers, the Northern Ireland department and the Marine Management Organisation on the exercise of fisheries functions—for example, on joined-up control and enforcement or for science and research purposes. We are no longer seeking the amendments to Schedules 3 and 8 I had noted in my recent letter.

One additional point I wish to address from the LJC committee's letter is the concern raised on recommendations 6 and 7 of the committee's report, relating to changes to retained EU law and Welsh functions. I can assure Members no powers are being lost, and I set out the detailed analysis in my letter to committees on 3 September.

Looking ahead, I recently issued a written statement that sets out our plans for future fisheries policies in Wales. As I note in the statement, I am committed to delivering increased fishing opportunities for our Welsh industry, ensuring Wales receives its fair share of any new opportunities, in turn maximising benefits for our coastal communities and allowing for new activities, such as processing and other economic activities and benefits. The Bill reflects our strong commitment to delivering sustainable fisheries in Welsh waters and to working with others with whom we share stocks. In addition, the need for a modern and flexible system of domestic management for non-quota stocks is also central to delivering sustainable Welsh fisheries. This Bill, including, importantly, the extension of legislative competence, provides the appropriate legal powers to deliver our future policy and aspirations. I therefore move the motion and ask the Senedd to approve this LCM. Diolch.