So, we'll move on to item 11: the legislative consent motion on the Shark Fins Bill. I call on the Minister for Climate Change to move the motion. Julie James.

Motion NDM8175 Julie James

To propose that the Senedd, in accordance with Standing Order 29.6, agrees that provisions in the Shark Fins Bill in so far as they fall within the legislative competence of the Senedd, should be considered by the UK Parliament.

Motion moved.

Diolch, Dirprwy Lywydd. I move the motion. The practice of shark finning is barbaric and hugely detrimental to shark populations across the world. It is a completely unsustainable fishing practice, where large parts of the shark carcass are discarded overboard in favour of the high-value shark fin, used predominantly within Asian communities.

Shark populations globally are in decline, and it is widely accepted that this practice contributes significantly to it. I want Wales to be a nature-positive country, and to lead by example. The shark-finning regulation already prohibits the removal of shark fins onboard UK vessels operating in maritime waters. The Shark Fins Bill will go further, and ban the import and export of detached shark fins and products containing detached shark fins. The ban sends a clear message to the rest of the world that Wales, and indeed the UK, does not accept this practice and will not contribute to a global market involved in this.

I do recognise that there are scientific and educational purposes for shark fins in Wales, and the Bill does allow Welsh Ministers to grant exemption certificates for this limited purpose. 

The second clause is also significant, as it enhances the provisions I mentioned in the shark-finning regulation. The Bill will prohibit shark finning onboard UK vessels operating outside UK waters, and non-UK vessels operating in UK waters. The provision means that all vessels operating in the UK must land all sharks with fins naturally attached to the body of the shark. UK vessels operating outside of the UK will also be operating in line with similar regulations in Europe.

The final clause, which sets out the extent and commencement of the Bill will remain reserved to the Secretary of State. With regard to this clause, I've expressed my disappointment to the Secretary of State following a lack of engagement with the Welsh Government when the Bill was first being drafted. As I understand it, officials were given very little time to consider the Bill and the scope of devolved powers before it was introduced to the House of Commons. However, with the Secretary of State retaining these powers, it means that there will be no possibility of a regulatory gap between regulations commencing in the UK and in devolved Governments.

So, with that aside, I am pleased to have the opportunity to discuss with you all today this Bill, which is an important step towards shark conservation in a time when our country is facing a nature emergency. I am committed to a marine environment that is clean, safe, healthy, productive and biologically diverse. We have achieved so much in Wales by way of marine conservation, from our marine protected area network, which boasts 69 per cent protection in our inshore and 50 per cent in all Welsh waters, and this continues to grow, with the announcement I made launching the marine conservation zone designation process.

Wales is also leading the way responsibly when it comes to clean seas. I introduced the ambitious Environmental Protection (Single-use Plastic Products) (Wales) Bill on 20 September 2022. The Bill goes beyond banning an initial set of single-use plastic products seen in other parts of the UK, and Wales becomes the first UK nation to introduce a recycling scheme for end-of-life fishing gear. This scheme has collected and recycled 2.4 tonnes of fishing gear that may have otherwise been sent to landfill.

And, Dirprwy Lywydd, we will be doing more. Following the biodiversity deep dive I commissioned last year, I published a set of recommendations that should be taken in order to achieve the 30x30 target. My officials are currently analysing the new global framework agreed at COP15 in late December, to identify what further actions we need to take to meet the other targets in addition to 30x30.

And in addition to the marine conservation zone process I mentioned earlier, Welsh Government will be developing a habitats restoration scheme, focusing on salt marsh and sea grass habitats along the Welsh coastline. I've also committed to a sea bed conservation strategy, which now more than ever is absolutely critical in the face of the ever-growing threat of avian influenza.

However, if we want to show the rest of the world that Wales is committed to marine conservation, we need to go beyond our domestic priorities by agreeing to the motion and banning the import and export of detached shark fins into Wales and the UK, which I think sends a clear message that we do not support this type of unsustainable practice that is so damaging to the world's shark population. So, Dirprwy Lywydd, in drawing to a conclusion, I recommend Members support the legislative consent motion in respect of the Shark Fin Bill. Diolch.

I call on the Chair of the Legislation, Justice and Constitution Committee, Huw Irranca-Davies. You again. [Laughter.]

Diolch, Dirprwy Lywydd. Thank you, again. We laid our report on the Welsh Government's memorandum in respect of the Shark Fins Bill this morning and we came to two conclusions within our report. We made two recommendations to the Welsh Government.

We agreed with the Minister's assessment that clauses 1, 2 and 3(5) of the Bill require the Senedd's consent. However, we note that the Welsh Government is of the view that the rest of the sub-clauses within clause 3—relating to the territorial extent of the Bill, the scope of regulations to be made under it, and its title—do not require the Senedd's consent as they are non-operative clauses. Minister, we take the view that if such clauses relate to other clauses in the Bill that require consent, then the consent of the Senedd should also be sought for these clauses. This is the first recommendation we made in our report.

Our second recommendation calls on the Welsh Government to share with us the memorandum of understanding it will be entering into with the UK Government on the commencement powers within clause 3 of the Bill. Now, we note that the Minister is content for the Secretary of State to retain these powers, so we would find it helpful to see the detail of how and when they will be used. So, we hope that can be accommodated. We also note that the Welsh Government is content for the Secretary of State to make regulations for saving and transitional provisions in a devolved area, by virtue of the powers within clause 3 of the Bill, and the Minister has explained this.

So, finally, we did conclude that, should the Welsh Government wish to legislate in the area of animal welfare in the future, it should do so by introducing legislation within the Senedd. This is a standard argument of ours. We acknowledge that the Bill subject to this legislative consent motion today has a very discrete purpose. However, since the Welsh Government has identified animal welfare as one of its priorities, it should take responsibility for introducing future legislation it deems necessary for that purpose in Wales, in the Senedd.

And, can I just say, by way of closing, as the former UK Minister who banned the last six vessels in the UK who actually took part still in shark finning, I commend this consent?

Can I just say we're really on the same page here, Minister? I would like to say from the outset that the Shark Fins Bill has the full support of our group. Shark finning is one of the biggest threats to shark conservation. The annual number of sharks killed globally by the practice is estimated to be around 97 million. And it was with surprise, even to me, that I learned the volume of shark fins brought into ports around the UK. The regulatory triage assessment has identified 125 ports across the UK reportedly handling shark and dogfish, with Milford Haven and Swansea in the top 10 ports, with 219 landings worth £59,641 and £20,708 respectively. Since 2018, records indicate that the UK exported a maximum of 12 tonnes of shark fins, valued at £216,000, predominantly to Spain and other countries within Europe.

Clause 1 prohibits the import and export of shark fins, parts of shark fins, or things containing them into or from the United Kingdom, following their entry into or removal from Great Britain. As you have rightly stated in the LCM, the Bill as currently drafted sends a key message that shark finning is unacceptable and that, here in Wales, we all want to distance ourselves from it. Should we not support this legislation, bearing in mind that there is no comparable Senedd Bill planned in the short or medium term, Wales would be in the bizarre situation in which our ports could be targeted for imports, with onward distribution into the rest of the UK, and that is quite difficult to prevent.

Clause 2 addresses an injustice and provides a common-sense solution. And I hope even Plaid Cymru will agree that it is unacceptable that the prohibition on shark finning under the shark finning regulation does not apply to fishing vessels that are both non-UK and non-EU in UK maritime waters. The legislation is an excellent example of positive co-operation by a Welsh MP, Christina Rees, and DEFRA. The Economy, Trade and Rural Affairs Committee sees no reason to object to the Senedd agreeing to the LCM, and I think it appropriate for us all as Members here to support this today to help send a clear message that this Welsh Parliament does not and will not support shark finning. Diolch.

We, of course, agree with the final statement made by Janet Finch-Saunders there. We don't oppose in principle the content of the Bill. Indeed, in considering the good record of this Parliament in promoting the nature emergency, there was an opportunity for us to lead the way in this area, and it's a shame therefore that we haven't seen a Welsh Bil and have had to let Westminster legislate in a devolved area.

But, we do oppose this on the basis of the fact that it is another LCM, again trampling on the devolved rights of Wales. And, as we heard, there has been a lack of consultation, and this has meant that the Welsh voice has been ignored and Wales has been left mute once again. So, on that basis, we will be opposing this motion. 

I call on the Minister to reply.

Diolch, Dirprwy Lywydd. I want to thank Members for their contributions today.

Just to address a couple of the very specific points—and I thank the committe, Huw, for its rapid work on this, as always—I'm afraid I do not accept the recommendation or conclusion that clause 3 of the Bill would amount to a relevant provision for the purposes of Standing Order 29. Aside from clause 3(5), clause 3 contains technical provisions that are concerned with how the Bill works, rather than substantive provisions. And, as a matter of practice, Welsh Government do not generally include non-operative clauses within the LCM, which you acknowledged in your response, I think. 

On the MOU, I absolutely do accept that recommendation and, as soon as the MOU has been agreed, it will be shared with the Senedd. And I completely agree with your rationale for that. 

In terms of why the Bill, why not a Welsh Bill, this is a private Member's Bill. If we had decided to take the path that Plaid Cymru were outlining, then we would have had a regulatory gap and what Janet Finch-Saunders mentioned would have come to pass: we would have had landings here in Wales, which we would not have been able to stop while we had a regulatory gap. So, as this was a private Member's Bill, it makes a great deal of sense to line up the regulatory process to make sure there isn't a gap. I completely agree that that's the right thing to do and I'm very much asking Members to support this today. However, I will say that it would be much better if the UK Government did consult us properly in the process of this. We would be able to reach much better conclusions together than we do when we find things out the day before. So, whilst I absolutely agree with the import of this Bill, the way that we found out about it from the UK Government is not optimal. So, if you want to send that message back, Janet, that would be very helpful indeed.

But in summation, Deputy Llywydd, the Bill sent a clear message to the rest of the world that we do not support this fishing practice, which is so damaging to the global shark populations. I therefore move the motion and ask that all Members support it. Diolch. 

The proposal is to agree the motion. Does any Member object? [Objection.] There is objection. Therefore, I will defer voting under this item until voting time.

Voting deferred until voting time.