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Andrew George: The amendment clearly implies that the geographical target is between the 6 and 12-mile zone, unless I have misunderstood it, yet many of the comments so far relate to areas within the 6-mile zone. I want to make it clear that we are talking specifically about the 6 to 12-mile zone being affected. I want to understand why the amendment would not deal with any area either within the 6-mile zone or beyond the 12-mile zone.
Mr. Brown: The hon. Gentleman is correct. I shall finish by re-emphasising to the Ministers that if they are not minded to accept the amendment, I sincerely hope that they will take the issue away for further serious consideration at a later stage.
Mr. Benyon: One frustration of the Bill is that we could end up securing and protecting large areas of our seas from our own fishermen, but fishermen with historic fishing rights from abroad will be able to come in and fish more or less as they please. This matter must be seen in the context of CFP reform. We have to reach an understanding across Europe that the only way successfully to manage fisheries is to control them. A much greater degree of control of our seas out to 12 miles must be the ultimate aim of CFP reform as we approach 2012.
10.15 am
One solution that must have crossed Members’ minds would be to remove subsection (4), but I understand why such an amendment has not been moved. I have heard informally that the Minister will say that the clause must remain part of the Bill because its provisions are a fundamental part of European law, and that the Government do not want to contravene it. We want the Government to assure us that they have heard our serious concerns and are taking steps to secure MCZs from the few fishermen who might be inclined to misbehave in those areas. We should not protect our marine areas only from our own fishermen; those from other parts of the EU who enter an MCZ and break the law by damaging the area should be guilty of a criminal offence.
Mr. Walker: Does my hon. Friend agree that if that is not the case, the Bill will be nothing more than a few nice ideas, and that it will remain so? Our fishermen will be forced to sit on their hands, and there will be a great sense of animosity as European vessels plunder the conservation zones.
Mr. Benyon: We must not put all fishermen in the same bracket. We shall come later to an amendment tabled by the hon. Member for St. Ives that refers to coastal communities. Many coastal communities are hanging on by their fingertips, so we should be protecting those people in a vast social endeavour in order to secure their viability.
My hon. Friend the Member for Broxbourne is right that our fishermen could be restrained; they want to fish in an entirely proper fashion, and they want their children and their grandchildren to become fishermen and harvest the seas in a sustainable fashion. The risk is that restrictions are being placed on them, but not on fishermen from abroad with historic fishing rights. It is vital that the Government clarify the matter.
Andrew George: I wish to add a few remarks to this important debate. It is a subject to which I drew attention on Second Reading. We need to balance what we are trying to achieve in the Bill—its primary purpose is the promotion of marine conservation—and ensuring that our coastal communities, particularly those that depend upon the fishing industry for their commercial future, are maintained. It is must be done with care.
The amendment clearly does not address the sentiment expressed by those who are promoting it. From the geographical point of view, if one wants to ensure that fishing is not exempted from the provisions of the clause, the intention—the sentiment—must be to ensure that they are applied as widely as possible. It should go from the coast to the median line, or even out to the 200-mile limit. I understand and entirely sympathise with the sentiment behind the amendment. I am sure that the Minister will say that the CFP would clearly come into play, and a lot of the intentions would need to be achieved through international, member-state-wide, European negotiation. However, simply restricting the measure to the 6 to 12-mile zone, as the amendment would, would be rather odd. Perhaps we will have the opportunity to come back to the issue.
A view that that has underpinned many of the remarks that have been made is that the fishing industry is of one opinion on everything, but there is a lot of conflict among fishermen regarding different techniques. For example, scallop dredging is clearly in conflict with lots of other fishing activities.
Linda Gilroy: I hope the hon. Gentleman agrees that continental fishermen, like our own fishermen, have a great interest in conservation and they are increasingly co-operating. Does he think that the sort of set-up that we are trying to bring about with the Bill prepares us for those sorts of discussions with other European countries?
Andrew George: I think that that is right. The intention must be to ensure that such negotiations draw out the best views from other member states. Some in the fishing industry say that the use of scallop dredgers and heavy beams is like heavily ploughing an area of land again and again.
Andrew George: I agree and have no difficulty with that. When the Minister responds, perhaps this afternoon, I should like some reassurance that we are talking about the provision of byelaws, which are currently available to sea fisheries committees, to police the conflict between different fishing techniques and to take into account the impact of one fishing technique on the marine biodiversity of an area. It is important that the provisions focus on the most destructive and least selective techniques, so we need to look at the clause again.
I return to the point I made in an intervention on the hon. Member for Carmarthen, West and South Pembrokeshire. In bringing fishing within the provision, one has to demonstrate that the activity is reckless or intentionally damaging, which is the most difficult thing to do. Damage to the marine environment is caused by certain fishing activities and techniques, which the fishing industry fully acknowledges, but we need to establish that the intention is to cause damage. I do not think we can do that. It is a worthwhile debate, but I hope it can be balanced.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Huw Irranca-Davies): It has been a worthwhile debate. The issue was raised extensively on Second Reading by a number of Members, and it has now been raised by seven hon. Members in major speeches and interventions in this debate. I understand what they are saying.
10.25 am
The Chairman adjourned the Committee without Question put (Standing Order No. 88).
Adjourned till this day at One o’clock.
 
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