Yes, but I am not sure what follows from that. If fishing is to be totally excluded from the French conservation zones, I would not want it to be excluded from our conservation zones. I am not sure that there is a quid pro quo there, but both systems have to be treated the same, and fishermen in our areas must be treated the same as European fishermen. The basic principle is clear.
I come now to the masterpiece of my speech. I am glad that it has been so entertaining, but I am extremely concerned that the White Herring Fisheries Act 1771 should not be deleted, as proposed in the Bill, and I say that not only as an historian and natural defender of old—the Minister would say otiose—laws. He will note that opposition to the repeal of the Act comes from all sides of the House and from all parties that supported my amendment, and is strongly felt by the fishing industry. That is the most important point. We discussed the matter with the Minister, who told us that the law is irrelevant and that its repeal was part of the process of clearing the broom cupboard of unnecessary legislation.
Fishermen see the 1771 Act as a protection of their rights. It is an exciting Act; we should read it some time. It provides a legal right for British fishermen to use all UK ports and harbours, which is an important principle to maintain. It allows fishermen to draw their boats up on the beaches, which is particularly important in areas such as Hastings, where there has been friction about bringing the boats up on to the beaches. The Act provides the legal right for fishing vessels to use wasteland for storage purposes—all exciting stuff. Given that all the fishing organisations have argued against its repeal and want the Act maintained, I do not see that it is necessary to scrub it.
I ask the Minister to reconsider and to keep the white herring fisheries flag flying because of the importance attached to it by the fishing industry. I draw his attention to the fact that all parties in the House oppose the repeal. It is not appropriate that the Act should be repealed, given the rights that it gives to maintain access for fisheries around the coast. Keeping it would not contradict any other provisions of the Bill, so why not keep it?
My last amendment is amendment 15, which is very similar to amendment 41 tabled by my hon. Friend the Member for Aberdeen, North (Mr. Doran). He is a lawyer and I am not, so his opinion is likely to be more valuable, interesting and important than mine. I speak from a concern for fishing. He brings legal expertise to the matter. We want to exclude fishing from the list of restricted activities in the conservation zones. There is no reason why fishing should be on the list. Fishing is exercising its traditional right. Fishermen have always fished these areas.
The Bill is not about conserving fish stocks. It is about conserving the marine environment, which is not damaged—I repeat, for the benefit of Reading listeners—by fishing. It is conserved by fishing. It is therefore legitimate to exclude fishing from the restrictions imposed. That is what amendment 15 and, more eloquently, amendment 41 would do. If fishing needs a licence, as it does, it should be excluded from the restrictions imposed in marine conservation zones.
That is the list of amendments that I wished to speak to. The common thread, which will emerge in the next group as well, is a concern to clarify and sustain the interests of fishing, which has a real concern about conservation and should be mobilised for the Bill, not restricted and damaged by it. I know that my hon. Friend the Minister, who has consulted closely both with the industry and with the all-party fisheries group, has the interests of fishing at heart, but I would like him to give us assurances before we decide whether to withdraw or pursue the amendments. I do not want to be disruptive in any way. That is not my disposition.
We need to clarify and assert the interests of fishing. I hope the Minister can give us some guarantees against the anxieties that I have spoken about, and guarantees about the position of fishing. I trust my hon. Friend, who has done a brilliant job in consulting and carrying the industry with him. I hope he can give us some kind of assurances before we decide on the fate of the amendments.
Marine and Coastal Access Bill [Lords]
Proceeding contribution from
Austin Mitchell
(Labour)
in the House of Commons on Monday, 26 October 2009.
It occurred during Debate on bills on Marine and Coastal Access Bill [Lords].
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