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Fisheries Bill [HL]

My Lords, it is a pleasure to follow the noble Lord, Lord Pannick. Motion 22A, tabled by my noble friend Lord Beith, which would leave out Clause 52, deals with the PEC, or permissive extent clause, which affects the Crown dependencies in unusual circumstances and protects the UK against any part of it breaking international law, which would affect the whole of the UK. Other noble Lords have spoken very eloquently about this. My noble friend Lord Beith has set out extremely well the case for deleting Clause 52, and we have also heard from other noble Lords on this subject. It would seem extremely high-handed of the Government to introduce the PEC against the wishes of the Crown dependencies of Guernsey and Jersey.

The noble Lord, Lord Anderson of Ipswich, has spoken from his personal knowledge of the law of the bailiwicks of Jersey and Guernsey, and other Peers have also spoken knowledgeably to Motion 22A. The Bailiwick of Jersey has written to Peers stating that the use of the PEC in relation to the Crown dependencies is extremely rare and fundamentally based on the established principle of prior consent. In this instance, both Jersey and Guernsey have consistently made it plain to the UK Government the islands’ position that the PEC is an unnecessary, unwanted and disproportionate measure.

The Bailiwick of Jersey does not consider that the UK Government have yet put forward a credible argument as to why the PEC is necessary in Jersey’s case, and I very much agree. Jersey already possesses the ability, under the Sea Fisheries (Jersey) Law 1994, to give effect to any legal obligations related to fisheries management within its waters. The UK Government have not been able to provide any previous precedent or reasonable scenarios in which Jersey’s current regime could be considered insufficient.

In their letter to the noble Baroness, Lady Taylor of Bolton, on 2 November, the Government state that they have been trying to reach an agreement over the last 10 months. Not to have reached an agreement over this period is no excuse to impose the PEC on reluctant Crown dependencies.

The Channel Islands All-Party Group has also written expressing considerable concerns about this matter. My noble friend Lord Chidgey, who cannot be

present this afternoon to make his own contribution, is similarly concerned about the legal implications of the UK imposing the PEC on Guernsey and Jersey.

4.45 pm

I welcome the joint committee that the Minister, Victoria Prentis, is setting up with the Crown dependencies, to try to reach an agreement on the use of PEC. However, given the weight of the arguments expressed this afternoon, I ask the Minister to withdraw government Amendment 52 and continue negotiations with the Crown dependencies to reach an accommodation that is not in the form of a sledgehammer, as this Clause currently is. I look forward to his response on this critical issue, which has generated such a degree of opposition.

I pay tribute, as others have, to the Minister’s patience and good humour, and to the noble Baroness, Lady Bloomfield of Hinton Waldrist. They and their officials have provided very detailed briefings, which have been invaluable. I also pay tribute to my colleague, the noble Lord, Lord Teverson, for sharing his considerable expertise and knowledge, without which I would have struggled.