The British fishing industry – the present situation

The British fishing industry faces a worrying future, as it is not clear what will happen post-Brexit. However, even before we leave the EU, next year could see many vessels put out of business, losing the very people we need to rebuild the fleet and infrastructure once we leave the EU.

2018 brings the next stage of the EU’s discard ban into operation, resulting in fishermen having to stop fishing once they have caught the full complement of the species for which they have the least quota – known as the choke species. Some estimate tie-ups could start by the end of February and last for the rest of the calendar year. It doesn’t matter how much quota you have on others species. The rules state that as soon as the species with minimum quota is reached, you and your organization will be forced to lay up.

On top of that, the fisheries plans for Brexit itself are confusing, causing confusion and doubt. The one glimmer of light is that the Secretary of State Environment, Food and Rural Affairs (Environment, Agriculture, Fisheries), the Rt. Hon. Michael Gove, whose brief covers three important areas of EU competency, made a flying start after taking this post in June, denouncing the London 1964 Fishery Convention, which will, in due course, keep foreign vessels out of our 6/12 nautical mile zone.

The past week has been encouraging with two oral question to the Prime Minister, and an excellent House of Commons Exit Committee session, (especially the first half), which took place on Wednesday 11th. October. It was good to get clarity from the four witnesses – Sir Stephen Laws, Sir Konrad Schiemann, Dr. Charlotte O’Brien and Professor Richard Ekins.

We in Fishing for Leave have maintained that when Article 50 terminates on 29th. March 2019, and the EU Treaties and Regulations cease to apply to the UK, we are out of the CFP. We then revert back to the 1976 Fishery Limits Act, and International Law – UNCLOS 3. However, from this Committee session came clarity that when the European Union (Withdrawal) Bill, becomes an Act, it is this Act we revert back to, the Act that has brought all the EU acquis back into domestic legislation, including fisheries regulation 1380/2013, re-establishing the right for EU vessels to continue taking around 60% of our Nation’s marine resource.

The danger of this Bill comes not from taking on board into domestic legislation those EU Regulations which only operate internally within an individual country but rather those which deal with interfaces between different countries, like the CFP reglations. The witnesses to the committee made it clear that while article 50 takes us out cleanly of the EU, on 29 March 2019,  the EU (Withdrawal) Bill takes us back in with our parliament’s blessing if the repatriation of the aquis is tied to a “transitional deal” as proposed by Mrs May. For fisheries that means we would be back in the CFP, all bar name and we would remain under ECJ control for up to two further years.

The witnesses also expressed surprise that the withdrawal bill appeared not to cover the eventuality of no agreement being reached.

Given the deliberations of the Committee, we can now understand the context of two important oral questions put to the Prime Minister and her answers. The first was by Kate Hoey, on 9th.October 2017

Kate Hoey (Vauxhall) (Lab)

The European Commission talks continually about the need for Her Majesty’s Government to provide certainty and clarity. Is there not one area in which we could provide that certainty and clarity very plainly, today and in our negotiations? Could we not make clear that in March 2019 we will withdraw from the common fisheries policy, take back all our fisheries, and ensure that our fishing communities actually take back control of who fishes in British waters?

The Prime Minister

The hon. Lady is right to suggest that when we leave the European Union one of the aspects of leaving it will be leaving the common fisheries policy. Of course, we will need to consider the arrangements that we want to put in place here in the United Kingdom for the operation of our coastal waters and the operation of fishing around them.

This does not answer the question regarding when we are going to be leaving the CFP. Will it be on 29th March 2019 as per Article 50? Also, what does Mrs May mean when she talks about our “coastal waters”?All very unsatisfactory.

Further questions were raised on 11th October:-

Mr Alistair Carmichael (Orkney and Shetland) (LD)

Is it the Prime Minister’s intention that the United Kingdom should remain part of the common fisheries policy during any transitional period after we leave the European Union? [900931]

The Prime Minister

When we leave the European Union, we will be leaving the common fisheries policy. As part of the agreement that we need to enter into for the implementation period, obviously that and other issues will be part of that agreement. But when we leave the European Union, we will leave the common fisheries policy.

This is a very confusing answer; which date are we leaving? By raising the subject of an implementation period it sounds as if it is to be later than the official Brexit date – 29th March 2019. Fishing is going to be part of the withdrawal agreement which means a final withdrawal treaty, which in turn brings in problems.

Then on the same day 11 October another oral question was asked by Mrs Sheryll Murray, the MP for South East Cornwall, as follows:-

Will my right hon. Friend confirm that once we leave the EU we will have total control over our internationally recognised fisheries limits, that fishermen from Scotland, Wales, Northern Ireland and England will benefit from any new management regime, and that this will not be bargained away during any negotiations?

Damian Green  (First Secretary of State and Minister for the Cabinet Office)

I am happy to assure my hon. Friend that when we leave the EU we will be fully responsible under international law for controlling UK waters and the sustainable management of our fisheries. Through the negotiations we will of course work to achieve the best possible deal for the UK fishing industry as a whole.

This answer poses the question as to whether our Government understands our obligations under International law. If it did, you wouldn’t be taking about achieving “the best possible deal”. International law is clear; as far as fishing is concerned, it is the EU which has to ask for a deal, not the UK.

It was nine months ago when Fishing for Leave raised the issue of the Great Repeal Bill (now the European Union (Withdrawal) Bill) with the newly-created Department for Exiting the EU (DExEU). We were concerned about the Exit day being moved through domestic legislation. We have said all along it could bring a legal challenge on acquired rights, bogging us down for years, thanks to the Vienna Convention on Treaties. To this day, DExEU is dismissing this out of hand.

To play safe, just as Michael Gove did with the 1964 London Fisheries Convention, it would be a safer bet to exempt all fisheries regulations from the withdrawal bill.

All this may sound confusing and technical, but having spent over 50 years in the fishing Industry, one issue of which I am convinced is that new UK management system will be based on either the Icelandic model or Fishing for Leave’s model – i.e., Quota or effort limitation. If we go down the Icelandic model, our UK coastal communities will not benefit, and I would not like to sell that to the electorate. We are talking about a national resource, where all the people should benefit, not a few.

 

An Irish version of Tony Blair?

This letter, which originally appeared in the Southern Star, a local newspaper covering the western part of Co. Cork in Ireland, was spotted by our Chairman, who considered it to be well worth reproducing.

SIR – John Bruton, former Taoiseach, appears to see himself as the Irish version of Tony Blair, telling everyone in Britain they ‘must’ stay inside the EU, regardless of the democratic vote which told John and Tony that Britain is leaving. What part of this democratic expression do they not understand?

Bruton says that the UK ‘needs another six years to reconsider voting again to stay’ within the EU shambles. Oh really?

Why would this happen, exactly, when the facts point to continuing austerity and unemployment, which for a decade has been the policies for all of us, by Brussels, Berlin and Paris?

Voting for a better way of life by the powerful population of Britain was the most sensible route to take when the very national laws of each member State in the EU is under the process of being usurped or changed by that dictatorial bloc.

In Ireland we are still blind to this, even though by us passing some EU referendums and being made to change others after we were naughty, we cannot now even hold a referendum to leave the EU. This was a clause in one of those decrees we signed up to. Where is the freedom of nations in such a regulation?

We now begin to learn that this little republic has no power or even the tiniest say in Britain’s negotiations with the EU. We do not count in all of this … and why should we?

John Bruton and his likes are just blustering has-beens who are never listened to, no matter how much they get paid to waffle on and on.

Britain has won all of their vital battles and saved Europe when it was called upon, twice in the 20th century. This is a world power which will not be pushed around by Irish-EU yabber-jabberers, or the supposed heavy-hitters in EU headquarters. Britain will be progressing long after the European Union tyranny is long gone.

The latest news from Westminister shows that pulling away from listening to all of the EU threats and demands is a real decision that may not be so far away.

Is this suitable to Mr Bruton, even when it is none of his business?

Just be quiet, sir. The British believe in the decision of the ballot box.

Robert Sullivan,

Bantry.

Photo by Horasis

May admits coastal communities will be lost in transition

A press release from Fishing for leave

At PMQs yesterday (Wed 11th Oct.) Theresa May finally let the mask slip when asked a question on whether Britain would still be locked into the disastrous Common Fisheries Policy (CFP) during a transition.

Before the House of Commons the PM stated that Britain’s fishing industry and coastal communities will once again be bargained as part of the agreement to gain a transition/implementation period.

“As part of the agreement we need to enter into for the implementation period, obviously that (CFP )and other issues will be part of that agreement”.

Fishing for Leaves Alan Hastings raged “It is appalling that the establishment won’t even make a stand on fishing when it is such an “acid test” of whether we’ve taken back control – after being sacrificed to join it looks like Britain’s fishing and coastal communities will be sacrificed on leaving too”.

“It’s sickening that it is not for any benefit but to cravenly gain a transition period that will only leave this country prostrate at the hands of the EU”

Fishing for Leave highlighted that under international law Article 50 confers a clean slate on March 2019 where all EU treaties and law ceases to apply – taking Britain cleanly out the CFP and leaving the country free to make our own laws and deals.

“A transition has been spun as part of a gentle unwinding during leaving – IT IS ABSOLUTELY NOT”

“Legally Britain leaves the EU at the end of the Article 50 process in March 2019. A transition period isn’t part of leaving but part of a future deal with the EU”

“Therefore, a transition is only within the EUs gift to give and on their terms – this puts Britain at the EUs mercy – we will have taken back control in March 2019 only to give it straight back to the EU in a transition deal – its madness”.

This was confirmed by Michael Barnier on the 21st September. That any transition past the Article 50 cut-off date can only happen if the UK effectively re-joins the EU to get it.

”I would like to be very clear: if we are to extend for a limited period the Acquis of the EU, with all its benefits, then logically this would require existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures to apply

Alan Hastings fumed “Barnier has made it crystal clear – the only way the EU will give a transition is if it is entirely on their terms. Where Britain continues to obey all current and future EU law but has no say or input over them – it’s a worse position than being members – perhaps that’s the point!”

“Consequently, they can demand continuation of the CFP – most worryingly they can alter the rules to cripple and finish what is left of the British fleet so they clear the sea of the British industry”

“What Mrs May and her remain sycophants are doing just now in their desperation to Remain with the EU is prostrating Britain in regulatory purgatory as they hope to keep kicking the can down the road – lost in transition comes to mind”

“They are putting not only the fishing industry but the nation in a grave position at the EUs mercy”.

“Unless the political establishment wants to self-destruct when the public realises what they have done they must take back full control in March 2019”.

The campaign for an Independent Britain would like to point out that, while fully sharing Fishing for Leave’s concerns about Mrs May’s statement, it does not believe that this damaging transitional arrangement is anything more than a figment of her imagination, as we pointed out here.
We would also wish to thank Heather Wheeler MP for her comments on this press release. She said “This is a complete nonsense and wrong. We are giving notice on fishing and we are taking back our fishing limits and quotas.” CIB is seeking further information and clarification from ministers and any replies will be posted in due course.  Mrs Wheeler was a staunch supporter of Leave during the referendum.

 

 

No deal is looking increasingly likely

There was something of a storm in a teacup in the House of Commons on Monday. The Conservative backbencher Jacob Rees-Mogg asked the Prime Minister for an assurance that the European Court of Justice’s writ will not run in the UK after March 29th 2019. Mrs May didn’t oblige. She replied that “That may mean that we will start off with the ECJ governing the rules that we are part of.” This admission that we will “fall under ECJ rules” was all over the papers, but this media frenzy was based on the assumption that the transition period proposed by Mrs May, among others, is a realistic option. In reality, it isn’t.

What seems to be the core of the transition proposals is that we continue for a couple of years as a shadow member state. Having repatriated the acquis into domestic legislation, we would voluntarily apply the rules of the single market and customs union while in exchange, the EU would treat us like a member state for trade purposes and neither impose any tariffs nor apply the usual rules of inspection for a “third country” at the main ports of entry for UK exports, such as Calais due to our regulatory convergence with the EU.

The flaw in the proposal is that it makes the assumption that the EU will bend its own rules for the sake of an ex-member whose vote to leave dealt it a huge political blow. There is every indication that Mrs May’s transitional plan, which so upset Jacob Rees-Mogg, is a non-starter. EU bigwigs have been very courteous but the message has been quite unequivocal – No way to this transitional arrangement, no matter how many times the Prime Minister calls on the EU to show “leadership” and “flexibility.”

So what are we left with? In her speech yesterday, Mrs May raised the possibility of there not being a deal in place – transitional or otherwise – by March 2019. “While I believe it is profoundly in all our interests for the negotiations to succeed, it is also our responsibility as a Government to prepare for every eventuality, so that is exactly what we are doing. These white papers also support that work, including setting out steps to minimise disruption for businesses and travellers”, she said. (The white papers to which she refers cover trade and customs.)

Naturally, the Prime Minister stated that this was not what she wanted, going on to say “We are negotiating a deal. We will not have negotiated that deal until, I suspect, close to the end of that period that’s been set aside for it.” In other words, we will keep on talking and hope for some sort of deal eventually, even if the talks go to the wire.

This is not helpful for businesses, who will not have any guidelines to help them prepare for Brexit and will not even know whether a deal is going to happen until the last minute.  If they were to take the advice of some commentators, it would be to prepare for no deal being struck. For all Mrs May’s calls for flexibility, that word isn’t to be found in the EU’s vocabulary, as David Davis and his team are beginning to discover. We agreed to the EU’s negotiating timetable – in other words, that an agreement (or at least, reasonable progress towards an agreement) – on  the Irish border question, the divorce bill and the rights of EU citizens resident in the UK must come before any talk about trade. We needn’t have done this, but we have and so who can blame the EU for sticking to its guns when there has been very little progress in these three areas?

The repeated rejection of ongoing membership of the European Economic Area, for instance, by re-joining EFTA, has closed off another option and one which has two advantages over the bespoke transitional arrangement which Mrs May is suggesting. Firstly, it is rooted in reality. We would be signing up to an agreement which the EU has already signed. Secondly, there would be no need to accept the supervision of the ECJ or to be part of the EU’s customs union. We would thus be free to strike our own trade deals.

There is also one other intriguing possibility, first raised by George Yarrow of the Regulatory Policy Institute. In his paper,  Brexit and the Single Market, he claims that on Brexit, the UK would remain a member of the EEA by default  He points out that joining the EU does not automatically mean joining the EEA; a separate accession process is required. Likewise, when Austria, Sweden and Finland left EFTA to join the EU in 1995 (by which time the EEA agreement between the EU and EFTA was in place), they did not have to re-apply to join the EEA. They were already members through having been in EFTA. The default position for the UK on departure, therefore, is that it too would remain an EEA member.

Yarrow’s thesis has attracted little attention from either our negotiators or the EU’s team. It raises a number of questions but it might possibly offer some answers. While the EU has no interest in exploring it, it would make life a lot easier for David Davis. We would not be under the power of the ECJ but of the EFTA court (which is limited to “EEA-relevant” matters) and could follow Liechtenstein and apply the same restriction on free movement of people, using Articles 112 and 113 of the EEA agreement. At a stroke, we would be in a better transitional position than under Mrs May’s proposals – to which the EU is not going to agree anyway.

On the other hand, if Yarrow is wrong and leaving the EU means leaving the EEA, it does mean that time is very short – probably already too short – for any satisfactory arrangement  to be in place by March 2019. German manufacturers are being told to prepare for a “very hard Brexit” while the Irish equivalent of HMRC has already reached the conclusion that customs posts will need to be erected between the Republic and Northern Ireland, even though no one on either side wants to see the return of any sort of visible border.

Yarrow’s thesis or an immediate application to re-join EFTA  are thus the only two escape routes from the looming cliff edge which no one wants either. The first option is untried and may not stand up legally while the second has been repeatedly rejected in favour of a chimera – namely Mrs May’s illusory “transitional arrangement”. We are not yet in Private Fraser territory where “we’re all doomed”, but Mrs May and her party could well be unless they engage in some lateral thinking – and quickly.

 

Groundhog Day

If you think you have read a post like this before, you’re probably right. Another week of Brexit negotiations are about to begin which will almost certainly end with very little progress being made. A smiling David Davis will emerge in a few days’ time and give a very upbeat assessment of the talks at a press conference while Michel Barnier, in guarded but polite language, will say that actually very little has happened which will enable the UK and the EU to get down to discussing any sort of future trade relationship.

It’s rather like the film Groundhog Day where an American weatherman finds himself trapped in a time loop, repeating the same day over and over again, except there’s an important difference: in the film, time basically stands still whereas the Brexit clock is ticking away.

To be more precise, Brexit day, 29th March 2019, will take place 1,010 days after our vote to leave on 23rd June last year. In exactly one month’s time, November 9th 2017, four days after Bonfire Night, we will reach the halfway point and so far, there is no sign of any deal which will enable trade to flow seamlessly between the UK and the EU once we leave the EU.

Even the plans for a two-year transition will be going nowhere. Essentially, while Mrs May may be telling the EU that the ball is in their court, the EU is being asked to make an exception to its normal rules for the sake of a former member state which doesn’t want to be part of the club any more. It is under no obligation to say yes – indeed, it has given every indication that it is not going to. Mrs May’s speech in Florence did nothing to shift the predominant belief in Brussels and elsewhere that there was plenty of goodwill in it but little of substance which could unblock the negotiations in the three key areas where agreement must be reached before trade talks can begin – the Irish border question, the divorce bill and the rights of EU citizens resident in the UK.

It may be a case that Mrs May is being advised to take a tough line in the hope that the EU will blink first. If so, she (and her advisors) are likely to be disappointed. Even so, the fallout from Mrs May’s conference speech and the  failed attempts to remove her have left her with no option but to ensure we leave the EU in March 2019. Grant Shapps, the former Tory Chairman who surfaced as the leader of the failed coup, did not raise Brexit as an issue, but Nadine Dorries, a consistent pro-Brexit Tory MP, claimed that the plan was to take Boris Johnson down with Theresa May and install a new pro-remain leader who would stop Brexit.

We will never know the truth of what went on in the aftermath of Mrs May’s speech, but the strong support she has been given from pro-Brexit MPs conveys the implicit message that there can be no turning back,

So are we heading towards a no-deal situation when our delegation will walk away from the talks, blaming EU intransigence? Business leaders will not like this and will be lobbying hard to prevent such an outcome.

This leaves Mrs May caught between a rock and a hard place.  Maybe she (or her advisors) still haven’t grasped the political nature of the EU project. This is hardly her fault. From Edward Heath onwards, the wool has been pulled over the eyes of the UK so effectively that even serving MPs think that the EU is all about trade, which it isn’t. If we are to believe those who know her well, she is typical of many Tories who  have never been that bothered about the EU but was forced by Cameron and Osborne, along with a significant number of her colleagues, to come off the fence. One of our correspondents claims that at the dinner parties he hosted, Cameron and his henchmen described supporting leave as “xenophobic”.

Indeed, if the finger of blame should be pointed at anyone, it is the dynamic duo who headed up the administration before June 23rd last year. Cameron and Osborne held a referendum they didn’t expect to lose, trying to frighten the voters and intimidate their parliamentary colleagues  so that the result would never be in doubt. So confident were they of victory that the Civil Service was banned from drawing up any exit plan.  According to Craig Oliver, Cameron’s spin doctor, Cameron arrived at Downing Street after the result was announced on 24h June saying almost jokingly “Well, that didn’t go according to plan!”

Indeed it didn’t and nor has the first 15 months of Mrs May’s premiership. We can but hope that the next 15 months see some significant progress but as far as the current round of negotiations is concerned, few people will be holding their breath.  She has been bequeathed a very difficult task by her predecessor and it may well take some further crisis before we start to see any real developments which will prevent the “cliff edge” that draws closer by the day and rightly concerns so many.

Photo by vastateparksstaff

Going native

This short video may be of interest to our readers. The speaker is none too impressed with the 26 UK MEPs who voted in the Eurpean Parliament support of a proposal by the EP’s Brexit spokesman Guy Verhofstadt urging the EU not to start trade talks with the UK. The argument by Mary Honeyball, a Labour MEP who supported Mr Verhofstadt, that the UK had agreed to resolving the issues of the Irish border, the Divorce bill and the rights of EU nations living in the UK before starting trade talks cut little ice with many commentators, who accused her and her colleagues of betraying their country. Two Tory MEPs, Richard Ashworth and Julie Girling, were among the 26. The pair propmtly recevied a rap on the knuckles by senior party officials, who were apparently “livid” at their behaviour, especially given the vote took place the day before Mrs May’s conference speech.  The Conservative whip was withdrawn from them as a result of their actions.

The list of the full 26 is as follows:-

LABOUR
* Lucy Anderson, London, Labour
* Paul Brannen, North East England, Labour
* Richard Corbett, Yorkshire and the Humber, Labour
* Set Dance, London, Labour
* Neena Gill, West Midlands, Labour
* Theresa Griffin, North West England, Labour
* Mary Honeyball, London, Labour
* John Howarth, South East England, Labour
* Wajid Khan, North West England, Labour
* Jude Kirton-Darling, North East England, Labour
* David Martin, Scotland, Labour
* Alex Mayer, East of England, Labour
* Linda McAvan, Yorkshire and the Humber, Labour
* Claude Moraes, London, Labour
* Sion Simon, West Midlands, Labour
* Catherine Stihler, Scotland, Labour
* Derek Vaughan, Wales, Labour
* Julie Ward, North West England, Labour
CONSERVATIVES
* Richard Ashworth, South East England, Conservatives
* Julie Girling, South West England, Conservatives
LIBERAL DEMOCRAT
* Catherine Bearder, South East England, Liberal Democrats
GREEN PARTY
* Jean Lambert, London, Green Party
* Molly Scott Cato, South West England, Green Party
* Keith Taylor, South East England, Green Party
SINN FEIN
* Martina Anderson, Northern Ireland, Sinn Fein
PLAID CYMRU
* Jill Evans, Wales, Plaid Cymru

On the subject of Mrs May’s speech,  if the idiotic prankster who interrupted her speech to deliever her a P45 had any sense, rather than waste his time in Manchester, he should have  gone to Strasbourg and handed P45s to all these 26. This vote is the ultimate proof that many MEPs have gone native. The sooner these 26 are put out to grass the better.

(Incidentally, the video also mentions the Damascus Road conversion of Stanley Johnson, the father of Boris, who campaigned for Remain but has belatedly been won over to supporting Brexit courtesy of Jean-Claude Juncker’s recent speech, which made him realise that the EU  was heading “in a direction we don’t really want to go.”)