Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 6 December 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 2 and 3 and NC1 to NC3

 

Fisheries Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the Committee [4 December 2018].

 


 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

2

 

Parliamentary Star    

Clause  19,  page  10,  line  38,  at end insert—

 

“(A1)    

A determination under section 18 may not be made or withdrawn without the

 

consent of the Scottish Ministers.”

 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

3

 

Parliamentary Star    

Clause  19,  page  10,  line  41,  leave out paragraph (a)

 



 
 

Public Bill Committee: 6 December 2018                  

2

 

Fisheries Bill, continued

 
 

Mrs Sheryll Murray

 

David Duguid

 

Scott Mann

 

1

 

Parliamentary Star - white    

Clause  42,  page  26,  line  35,  at end insert—

 

“(3A)    

The Secretary of State must make regulations under subsection (3) so that all

 

provisions of this Act come into force no later than 31 December 2020.”

 


 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Sea Fish Industry Authority: powers in relation to parts of UK etc.

 

(1)    

The Fisheries Act 1981 is amended as follows.

 

(2)    

In section 2(1) (duties of the Authority)—

 

(a)    

after the third “of” insert, “(amongst other things)”,

 

(b)    

delete the words “as a whole”.

 

(3)    

After section 3 (powers of the Authority), insert—

 

“3A    

Exercise of functions in relation to different parts of the UK etc.

 

The Authority may exercise its functions separately and differently in

 

relation to—

 

(a)    

the sea fish industry in different parts of the United Kingdom,

 

(b)    

sea fish and sea fish products landed in different parts of the

 

United Kingdom,

 

(c)    

sea fish and sea fish products trans-shipped in different parts of

 

the sea within British fishery limits adjacent to different parts of

 

the United Kingdom.

 

3B      

Delegation of functions

 

(1)    

The Authority may authorise any other person to exercise on its behalf

 

such of its functions and to such extent as it may determine.

 

(2)    

The Authority may give to any person authorised under this section to

 

exercise any of its functions—

 

(a)    

financial assistance (by way of loan, grant or guarantee),

 

(b)    

other assistance including assistance by way of the provision of

 

property, staff or services, for the purposes of those functions.

 

(3)    

The giving of authority under this section to exercise a function does

 

not—

 

(a)    

affect the Authority’s responsibility for the exercise of the

 

function, or

 

(b)    

prevent the Authority from exercising the function itself.”.


 
 

Public Bill Committee: 6 December 2018                  

3

 

Fisheries Bill, continued

 
 

(4)    

In section 11 (accounts and reports), after subsection (7) insert—

 

“(7A)    

The report must include details of how income received from

 

levies imposed under section 4 has been applied in the financial

 

year in respect of each part of the United Kingdom by the

 

Authority in exercising its functions including in particular

 

details, in respect of each part of the United Kingdom, of how the

 

income has been applied by the Authority in—

 

(a)    

promoting the efficiency of the sea fish industry in that part,

 

(b)    

promoting the marketing and consumption of, and the export of,

 

sea fish and sea fish products relating to that part.”.

 

(5)    

In schedule 1 (the Sea Fish Industry Authority), in paragraph 16—

 

(a)    

before sub-paragraph (1) insert—

 

  “(A1)  

The Authority must appoint a committee for the purpose of

 

assisting the Authority in the exercise of its functions in

 

relation to the sea fish industry in Scotland.

 

    (A2)  

The committee is to consist of or include persons who are not

 

members of the Authority.

 

    (A3)  

The Authority must consult the committee on the exercise of

 

its functions in relation to the sea fish industry in Scotland.”,

 

(b)    

in sub-paragraph (1), before “committees” insert “other”,

 

(c)    

in sub-paragraph (2), for “such committees” substitute

 

“committees appointed under this paragraph”.”

 

Member’s explanatory statement

 

This new clause would give the Sea Fish Industry Authority greater flexibility to exercise its

 

functions separately and differently in different parts of the UK. It would also require Seafish to

 

report how income received from the levies it imposes has been applied in respect of each part of

 

the United Kingdom.

 


 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Fisheries payments to the Scottish Ministers

 

After exit day, the Secretary of State must make available to the Scottish

 

Ministers each year sums which are at least equivalent to the sums made available

 

to the Scottish Ministers in the year prior to exit day for the purpose of

 

expenditure under the European Maritime and Fisheries Fund (established under

 

Article 4 of Regulation (EU) No 508/2014 of the European Parliament and of the

 

Council of 15 May 2014 on the European Maritime and Fisheries Fund).”

 



 
 

Public Bill Committee: 6 December 2018                  

4

 

Fisheries Bill, continued

 
 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Sea Fish Industry Levies

 

(1)    

The Fisheries Act 1981 is amended as follows.

 

(2)    

In section 4 (levies)—

 

(a)    

in subsection (2), for “Ministers” substitute “appropriate Ministerial

 

authority”,

 

(b)    

in subsection (7), for “Ministers” substitute “appropriate Ministerial

 

authority”,

 

(c)    

after subsection (8) insert—

 

“(8A) In this section, “appropriate Ministerial authority” means—

 

(a)    

in relation to sea fish or sea fish products landed in Scotland or

 

trans-shipped within the Scottish zone, the Scottish Ministers,

 

(b)    

in any other case, the Ministers.”,

 

(d)    

in subsection (9), after “order” in both places where it occurs insert “of

 

the Ministers”,

 

(e)    

after subsection (9) insert—

 

“(9A)    

Any order of the Scottish Ministers—

 

(a)    

under subsection (2) is subject to the negative procedure,

 

(b)    

under subsection (7) is subject to the affirmative

 

procedure.”.

 

(3)    

In section 11 (accounts and reports), after subsection (2) insert—

 

“(2A)    

The statement of accounts must specify the total amount of income

 

received in the financial year from levies imposed under section 4 in

 

relation to sea fish or sea fish products landed in Scotland or trans-

 

shipped within the Scottish zone.”.

 

(4)    

In section 14 (interpretation of Part 1)—

 

(a)    

in the definition of “the Ministers”, in paragraph (c), after “with” insert

 

“(except in the case of an order under section 4(2) or (7))”,

 

(b)    

after that definition insert—

 

““Scotland” and “the Scottish zone” have the same meanings as in

 

the Scotland Act 1998 (see section 126(1) and (2) of that Act);”.

 

(5)    

In schedule 2 (Sea Fish Industry Levies)—

 

(a)    

for “Ministers” in each place where it occurs substitute “appropriate

 

Ministerial authority”,

 

(b)    

after paragraph 3 insert—

 

“4         

In this schedule, “appropriate Ministerial authority” has the

 

same meaning as in section 4 of this Act”.”.

 

Member’s explanatory statement

 

This new clause seeks to devolve control of the Scottish aspects of levies imposed by Seafish to the

 

Scottish Ministers to ensure inter alia that levies imposed in relation to fish or fish products landed

 

in Scotland, or trans-shipped in Scottish waters, require confirmation by Scottish Ministers, and

 

that Scottish Ministers may by order increase the rate of such levies.

 


 
 

Public Bill Committee: 6 December 2018                  

5

 

Fisheries Bill, continued

 
 

Order of the House [21 November 2018]

 

That the following provisions shall apply to the Fisheries Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Wednesday 19 December.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 

 

Order of the Committee [4 December 2018]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 4

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 4 December;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 6 December;

 

(c)  

at 9.25 am, 2.00 pm and 5.00 pm on Tuesday 11 December;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 13 December;

 

(e)  

at 4.30 pm, 7.00 pm and 9.00 pm on Monday 17 December;

 

(f)  

at 9.25 am and 2.00 pm on Wednesday 19 December;

 

(2)  

the Committee shall hear oral evidence on Tuesday 4 December in

 

accordance with the following Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 4 December

Until no later than

Scottish Fishermen’s

 
  

10.25 am

Federation;

 
   

National Fishermen’s

 
   

Federation Organisation

 
 

Tuesday 4 December

Until no later than

UK Seafood Industry

 
  

10.55 am

Alliance

 
 

Tuesday 4 December

Until no later than

UK Association of Fisheries

 
  

11.25 am

Producer Organisations;

 
   

Angling Trust

 
 

Tuesday 4 December

Until no later than

New Under Ten Fishermen’s

 
  

2.30 pm

Association

 
 

Tuesday 4 December

Until no later than

Marine Management

 
  

3.00 pm

Organisation

 
 

Tuesday 4 December

Until no later than

Blue Marine Foundation

 
  

3.30 pm

  
 

Tuesday 4 December

Until no later than

Fishing for Leave

 
  

4.00 pm

  
 

Thursday 6 December

Until no later than

Greenpeace; Pew; Greener

 
  

12.15 pm

UK; Marine Conservation

 
   

Society

 
 

Thursday 6 December

Until no later than

Macduff Shellfish; Interfish/

 
  

1.00 pm

Northbay Pelagic; Whitby

 
   

Seafoods Ltd; Scottish

 
   

White Fish Producers

 
   

Association Ltd

 
 

Thursday 6 December

Until no later than

New Economics Foundation

 
  

2.30 pm

  
 

Thursday 6 December

Until no later than

Carl O’Brien (Chief

 
  

3.00 pm

Fisheries Science Advisor,

 
   

Department for

 
   

Environment, Food and

 
   

Rural Affairs)

 
 

Thursday 6 December

Until no later than

Coastal Communities

 
  

3.30 pm

Alliance; Communities

 
   

Inshore Fisheries Alliance

 

 
 

Public Bill Committee: 6 December 2018                  

6

 

Fisheries Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 13; Schedule 2;

 

Clauses 14 to 17; Schedule 3; Clauses 18 to 28; Schedule 4; Clause 29;

 

Schedule 5; Clauses 30 to 37; Schedule 6; Clause 38; Schedule 7; Clauses 39

 

to 43; new Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Wednesday 19 December.

 


 

 

Revised 06 December 2018