Support Fishing for Leave’s protests – details, dates and venues (will be updated regularly)

Fishing for Leave is staging mass protests with fishermen in ports nationwide against the Transition deal that will see the UK obeying all EU law including the hated Common Fisheries Policy (CFP). The demonstrations will be joined by top Tory MPs and Brexiteers.

** FOLLOWING APRIL 8th’s PROTESTS, FURTHER SUCH EVENTS ARE PLANNED AND WE WILL PROVIDE YOU WITH DETAILS AS THEY ARE SENT TO US BY FISHING FOR LEAVE **

Fishermen Scorn Theresa May’s Spin As Britain To Be Trapped In Transition

Theresa May says Britain will leave the CFP

Fishermen say that’s political spin and stating the legally obvious

There’s a distinct difference between officially leaving and maintaining “regulatory alignment”

Pursuit of “Transition” period where UK must obey ALL EU laws means we will run mirror policy.

Mrs May told MPs: “We will be leaving the Common Fisheries Policy on March 29, 2019 and the Common Agricultural Policy as I indicated”.

However, the mask slipped to the truth when the PM continued that; “Leaving the CFP and leaving the CAP” wouldn’t give the opportunity until “post that implementation (transition) period – to actually introduce arrangements that work for the United Kingdom.”

 “The arrangement that pertains the fisheries during that implementation period will, of course, be part of the negotiations for that implementation period”.

Fishing for Leave has scorned Theresa Mays political spin as either being mendacious or naive to the reality of the position the government is digging itself into with pursuit of a Transition deal.

Alan Hastings of FFL said
“It is a legal matter of fact that we will officially leave the EU and with that the disastrous Common Fisheries Policy (CFP) at the end of the Article 50 period.  It’s not a question of do we leave, it is a question of what we do thereafter that is of grave concern and that fishing will be part of negotiations for that transition period”

“A “transition” period where we re-agree to obeying ALL EU law and will maintain “full regulatory alignment” is truly terrifying – we may have officially “left the CFP” but we’ll be locked into running a mirror image when we could walk away under Article 50 and automatically regain all control under international law– the Prime Minister is politically spinning with a forked tongue”

At last week’s Council of minister’s the EU reiterated what the EU Commission has clearly stated that agreeing to a “transition” period will mean obeying ALL EU law, including new ones after Britain officially leaves the EU under the Article 50 procedure.

Michel Barnier – Speech Rome – 21st Sept. ‘17
“On the 29 March 2019, the UK will leave the EU and will become a third country…without a withdrawal agreement, there is no transition – this is a point of law.
If we are to extend for a limited period the Acquis of the EU, then logically
this would require existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures to apply.       The UK would have to comply to all EU courts and… refer questions related to interpretation of rights deriving from European law to the Court of Justice of the European Union (ECJ). The Court of Justice would remain the ultimate guarantor of the agreement.”

If this wasn’t clear enough to HM Government President of the European Council Mr Tusk reiterated the same words again at the conclusion of Phase 1 talks on 8th December

 Donald Tusk – Phase 1 talks – 8th Dec. ‘17
“As you know the UK has asked for a transition of about 2 years while remaining part of the single market and customs union…during this period the UK will respect the whole of EU law including new law”.           “It will respect budgetary commitments, it will respect judicial oversight and of course all related obligations. Existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures will also apply”.

Fishing for Leave highlight that Article 50 clearly says “the treaties (all EU law) shall cease to apply” at the end of the Article 50 period at 11pm on 29th March ’19.  This means Britain is out the entire EU including the disastrous CFP.

To add further weight to this international law under Article 70 of the Vienna Convention says;

“the termination of a treaty does not affect any rights, obligations or legal situations created through the treaty…. unless the treaty otherwise provides or the parties otherwise agree”.

Quite clearly the EU has otherwise provided through Article 50, Section 3 of the TEU.

This means that by the EU 27 agreeing to end the treaties there is no recourse under international law for them to have any sway over Britain in terms of laws, courts, money or fishing policy.

However, as a “transition” period is part of the deal once we have left the EU under the provisions of Article 50 it is only in the EU’s gift to grant.

Alan Hastings continued;
“Therefore, as the EU has clearly stated, it is on their terms and to get a “transition” the UK will have to capitulate to obeying all EU law to cancel out the provision of Article 50.

The only way to do this is as part of a new deal after we legally leave on 29th of March – such an agreement would have to be ratified by a new Withdrawal treaty.

This means we will have re-joined the EU in all but name having to obey its laws and directives with no control or say in some sort of legal purgatory.

In effect the UK breaks the treaties and leaves under Article 50 of TEU and Article 70 Vienna Convention. Thereafter, the UK agrees under our own steam (in a new treaty) to continue to recognise EU laws and authority under this new agreement.

Conveniently all EU law will be hibernating on the UK statute book having been adopted with the EU Withdrawal Bill.

We officially “legally” Leave the CFP but under the governments current strategy we will have capitulated to being trapped in a transition in some sort of legal purgatory where we will be running a mirror of the CFP as some sort of vassal state”.

Fishing for Leave says they have doubts that under a transition the UK will ever escape.

As re-obeying ALL EU law in a “transition” will be enshrined under a new treaty then “unless the treaty otherwise provides” Article 70 of the Vienna Convention says; “the termination of a treaty does not affect any rights, obligations or legal situations created through the treaty”.

This will allow the EU to claim continuity of rights along with Article 30 of the Vienna Convention, it’s a grey area & therefore could nail the UK governments feet to the floor in a protracted legal fight.

By the time the UK escapes being trapped in a transition there will be very little industry left. This is what is terrifying for two reasons.

1) By having to obey All EU law including new law whilst not being a member state means the EU can move the goal posts to finish off what is left of the British industry.

2) The EU quota system causes discards as fishermen have to catch and discard fish to find what they can keep to match their quota. In all its wisdom the EU enacted a ban on the symptom (discards) rather than address the cause (quotas). This means as of 2019 when vessels exhaust their lowest quota to avoid discarding it must stop fishing. These “choke species” will decimate 60% of the UK fleet according to Seafish statistics. http://www.seafish.org/media/Publications/Seafish_landing_obligation_-_FINAL_REPORT_2_seafish.pdf

Alan Hastings concluded;
“It is an impossible contradiction for the UK to be free of the EU and the CFP and have a transition.
Adopting all EU law and then agreeing to a transition whilst we obey that law flies in the face of ‘taking back control’ and exposes this country to huge risk legally.

The governments remain biased doddling and ineptitude is leading not only fishing but the country into a seriously dangerous position and putting us at the EUs mercy. It would seem that the government is still trying to play at ‘being in Europe but not run by Europe’.

Trying to carve out a “deep and special partnership” that is just not on offer to reframe some sort of half in half out relationship – Mr Hague couldn’t get it, Mr Cameron couldn’t get it and the EU is clearly saying Mrs May isn’t getting it either.

We therefore call on the government to walk away from the punitive terms the EU is demanding to allow the government to fulfil what it says it will do – properly and fully regain our sovereignty and independence provided by Article 50 not trap us in transition as a vassal state to finish off our industry when Brexit should be our salvation”.

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.

 

 

Conservatives Must Exorcise the Betrayal of Britain’s Fishing

Press release from Fishing for Leave

Fishermen’s organisation Fishing for Leave have questioned the government’s electoral resolve on repatriating Britain’s fishing waters and resources that were so shamefully surrendered by Edward Heath as “expendable” in the rush to join the EEC.

They cite that the government’s continued failure to rescind the London Fisheries Convention 1964 is a tangible example that there is no commitment or resolve in government to take back national control of one of Britain’s greatest national resources.

Fishing for Leave spokesman Alan Hastings said “By failing to serve the 2 years notice it the London Convention requires at the same time as Article 50, EU vessels will still have unfettered access to fish in UK waters between 6 and 12 nautical miles after UK withdrawal from the EU”.

“By continuing to prevaricate on scrapping this Convention the government has squandered the opportunity to take back control of all our fishing waters as per international law and in doing so secure the strongest diplomatic hand of controlling all access”.

“Reclaiming our fishing waters and resources can give more sustainable management and would be worth £6.3 billion and which will rejuvenate coastal communities by creating tens of thousands of jobs”.

“A Conservative government must exorcise the abject betrayal of Britain’s fishing and coastal communities and correct the past injustices inflicted on them as they were sacrificed to the EU by politicians complicit in the EUs agenda”.

“A Conservative government must categorically commit to reclaiming all sovereignty and control over UK waters. To scrapping the London Convention, to not adopting the CFP with the Great Repeal Bill for political convenience and to commit to implementing an entirely new, uniform UK policy that will rejuvenate the industry across the whole UK and end the shameful rules that force fishermen to discard upto 50% of their catch”.

 “All it would take is for Mrs May, Conservative MPs and party to show political will and determination by giving a cast iron manifesto commitment on fishing which can be a beacon of success and one of the “acid tests” for the government on Brexit”.

MIKE HOOKEM

EU Fisheries Committee MEP Mike Hookem joined in the criticism of the governments inaction and commitment on Fishing saying “I am yet to be convinced that Theresa Mays government has any intention of repatriating UK fishing to our sovereignty”.

“Time and again in the EU parliament we see British MEPs voting down amendments that aim to repatriate sovereignty to this country.  The fact is the political establishment are so intertwined with the EU that they cannot see the wood from the trees and understand what is best for Britain”.

“Look at towns Like Grimsby, Lowestoft, Whitby, Fleetwood and any of the other traditional port that have had their livelihoods decimated and their communities destroyed through the political establishment sell out to the CFP”.

“We now have an opportunity to regenerate and reinvest in these fishing communities and make them the thriving hubs of industry once more. All it would take is the political will and determination to rebuild the ports and towns that have suffered at politicians hands in the past”