Where our negotiators are going wrong- Part 2

Article 50 of the Lisbon Treaty – or, to quote its proper name, the treaty of European Union (TEU) – is clear and precise with the added advantage that 27 Member States agreed its terms and all 28 current Members reconfirmed these provisions through the Accession Treaty of Croatia. So there can be no legal comeback when the Treaties cease to apply to the UK at 23.01 on 29th March 2019, and competency (control) of our Fisheries Exclusive Economic Zone (EEZ) ­of 200 nautical miles or median line becomes the responsibility of every single Member of Parliament in Westminster.

We will see the UK leave the Common Fisheries Policy, (CFP) and our EEZ will be operated under the guidance of international Law – UNCLOS3 – well, that is the theory.

Things do get more complicated, however, as Our Westminster Parliament is proposing to bring all the EU legislation in force up to 29th March 2019 (the Acquis), into domestic legislation, and this will include the CFP. This means that, having left the CFP legally and with the full support of all EU member states, our Parliament will then endorse what we have left through the European Union (Withdrawal) Bill. It will not be the CFP in name, but a carbon copy of the CFP, giving exactly the same rights to EU vessels in our EEZ as they currently enjoy.

It is a pretty poor outcome for our negotiators: All 27 EU member states have returned the competency back to Westminster and Westminster then passes a law giving those rights back.

The Government claims that it will also introduce a Fisheries Bill. At the moment, however, we have no idea of its contents or whether it will be robust enough to ensure UK control of our EEZ enabling us to introduce a UK system of fisheries management during the next stage of the Brexit plan – the two year transitional period also known as implementation period.

The Government does not wish to apply for an extension of the two years stipulated by Article 50, because it is concerned that the 17 plus million voters who supported Brexit will turn against them. Taking nearly three years to leave the EU is just about acceptable but five years would not be tolerated. The Government would be punished at the general election.

So the date of 29th March 2019 will remain as the date of leaving, and at 23.01 of that day we will no longer be a member of the EU and will become a “third country”. This means that all EU treaties cease to apply within the UK, including Article 50 of the Lisbon Treaty, so while the transitional period will be negotiated under Article 50, the actual implementation of that period will have operate under a different legal basis – a new treaty.

Both the European Commission and the European Parliament (which has a final say on any agreement), have made it very clear that no non member can have the same terms and conditions as a member, which is rather obvious otherwise there would be no point being a member.

One issue of which we can be sure is that, irrespective of the Fisheries Bill, the EU will demand that any implementation treaty must include the Fisheries Acquis and being a treaty, we could find ourselves falling foul of the Vienna Convention on Treaties, especially article 30 and 70, if the EU, a single member state or individual challenges the rights if our own Parliament rescinds what they  established. We could end up in a lengthy legal process.

This transitional/implementation period will be under the full authority of the EU institutions, including the ECJ, but there will be no UK representation at all. Even though the Secretary of State for Exiting the EU stated at a select committee session on 25 October 2017 that no new EU law will be acceptable post Brexit because it will be sorted before Brexit, no cherry picking will be allowed, so we would have to accept any new legislation during that period.

For the past 30 years, successive governments and main political parties have claimed that we hold a considerable degree of influence within the EU, but from April 2019 to March 2021 (perhaps 2022 as the European Parliament would allow up to three years), we would in effect be governed by the EU, as a third country, with no input whatsoever.

The Prime Minister and Ministers have made it very clear during this period that would adhere to International Law on fisheries. It is absurd that over the years, many UK political leaders have condemned the Common Fisheries Policy and yet our own Parliament could end up unilaterally implementing the very policy they condemn. Furthermore, this would not comply in any form to the requirements of International law, UNCLOS 3, especially Article 61 (Conservation of the living resource), Article 62  (Utilization of the living resource), Article 63 (Straddling stocks) and Article 64 (Highly migatory species).

Fishing for Leave has  produced a management plan/model, designed by those with practical experience, for the UK’s fishing EEZ that ticks all the boxes. It is environmentally sustainable, follows International law, creates harmony between fishermen, scientists and fishery officers, while at the same time if will engender a revival of our coastal communities. This plan is based on the Faeroe Islands’ “days at sea” principle, but it has learnt from the Faeroese’ mistakes and is an improvement on the original crude “days at sea” model The Faeroese Government is impressed and is now extremely interested in the FfL model. By contrast, the alternative, which we could yet end up with, is a carbon copy of the present CFP. It will be a complete failure  – socially, environmentally, and economically – and could end up giving the Nation’s resource away permanently.

There are those that appear to think that as far as fisheries is concerned, the UK will still be subservient to the EU after Brexit. With our mixed fisheries, which requires its own plan, we should be the world leader. We will never get another opportunity to do this and it is down to political will. The buck stops with every Member of Parliament in Westminster; the potential is there to make Brexit either a huge success, or a catastrophic failure. Failure will bring with it a very heavy price, because although the responsibility rests with every MP, the electorate will see it as the Government’s fault.

A present from CIB to our MPs

Like all campaign organisations, things changed significantly for the Campaign for an Independent Britain after 23rd June last year. Our target up to this point had been the general public. We produced pamphlets and leaflets aimed at ordinary people which set out the case for independence.

Since the vote to leave the EU, it is our MPs who need to be targeted – to ensure that they deliver the best Brexit deal possible. Obviously, lengthy face-to-face meetings with individual Ministers and Civil Servants is a task for specialists with detailed knowledge of their  particular area, but there is still a place for easy-to-read literature which explains the essentials of a given Brexit topic.

So last week, all MPs were sent a copy of our recent fisheries booklet Seizing the Moment. Written by John Ashworth of Fishing for Leave, it sets out the options for the UK fishing industry after Brexit, explaining which, in the author’s widely-respected opinion, is the best way forward.

The booklet was accompanied by a covering letter written by Rev Philip foster, one of our vice- chairmen, which reads as follows:-

Dear MP,
NEW BRITISH FISHERIES POLICY
When Britain was negotiating to join the EEC, just before completion, they sprang the demand that our waters should become “a common resource” for all EEC states to share. P.M. Edward Heath caved in and
misled Parliament, claiming that he had provided safeguards for British fishermen. The result has been an ecological disaster for our unique marine resource and economic disaster for our decimated fishing
communities.
    The government, in “repatriating” fishing policy, must not just transfer the existing regime to the British statute book, allowing the environmental catastrophe of the unworkable Common Fisheries Policy quota regime to continue.
WHAT IS OURS?
�  Our territorial waters up to 12 miles from the coast.
  Under the London Fishery Convention of 1964 the UK gave fishing rights to France and four other
  countries within our 6-12 mile territorial limit. This can be renounced by giving two years notice. The government has announced it will do this; an excellent start.
�  Our Exclusive Economic Zone (EEZ) which stretches for 200 miles from our coast or to the median line when neighbouring countries are nearer than 400 miles from us.
All living marine species within this zone belong to us. (Fishery Limits Act 1976).     Control should be asserted as soon as we leave the EU and no permanent fishing rights should be accorded to any foreign vessels.
UNDER NEW MANAGEMENT
The notorious CFP EU quota system, which causes massive amounts of fish to be thrown back dead into the sea, should be scrapped. It has built-in incentives to cheat. Our expert friends in ‘Fishing for Leave’ have studied fishery management systems worldwide and believe that the control of days at sea by trawlers (as used in the Faeroe Islands) is far more practicable. Combined with local ecological controls for the very different fishing grounds in our waters, it can easily be policed with satellite assistance.
  Fishing rights should not be sold as individual property but remain under public control, inalienably for the nation.
    The enclosed booklet is a readable, non-technical distillation of a lifetime’s fishery experience by the author, John Ashworth; more are available on request.
  As Parliament is the steward of this great natural resource, we hope you will find it useful in urging a truly British policy on the government.

 

Negotiating Independence – a letter from our Chairman

The letter below, written by our Chairman, Edward Spalton, was recently published in the Derby Telegraph.

Sir,

Like D.G. Betts (30 June), I am keen to be out of the EU and have been since 1972 when I began to discover the ulterior motives and bad faith by the Europeans and by our own government, surrounding our accession to membership.

Negotiations were nearly complete when the EEC (as it then was) suddenly introduced the Common Fisheries Policy, demanding that our waters should become a “common resource” for all member countries to share. Prime Minister Edward heath knew that there was no legal provision in the Rome Treaty for such a policy but went along with it nonetheless. He also misinformed Parliament that British fishermen’s interests would be protected. The result was ecological catastrophe for our seas and fish stocks, economic catastrophe for our fishermen and a massive financial loss to our country’s balance of payments..

This was one reason why Tony Blair wrote in his 1983 election manifesto “We”ll negotiate a withdrawal from the EEC which has drained our natural resources and destroyed jobs”. What a pity he never kept his word!

It is a complex business to right the wrongs of forty four years, so it will require negotiation which take time. Under Article 50 of the Treaty on European Union, a two year period is allowed. During that time we are still full participating members but we do not sit on both sides of the table during the withdrawal negotiations. We can hardly be buyer and seller at the same time! That is reasonable enough.

Paragraph 4 of Article 50 states “….the member of the European Council or of the Council (of Ministers) representing the withdrawing Member State shall not participate in the discussions of the Council in the decision concerning it…” That is why our representatives are excluded those meetings – but only from those meetings.

For everything else, we continue full members until (Paragraph 2) “The treaties shall cease to apply from the date of the entry into force of the withdrawal agreement or, failing that, two years after the notification, unless the European Council in agreement with the Member State concerned, unanimously decides to extend this period”.

Almost uniquely this is one EU document which is both short and clear – but the negotiations to get the right deal will be very complex indeed.

Yours faithfully,

 

Edward Spalton

 

The rise and possible demise of the SNP

Although the SNP came into being in 1934, it only achieved a modest degree of success until the two 1974 elections, when it grew from one parliamentary seat to seven and then eleven, including several seats in the North East of Scotland. In the next general election that area of Scotland went blue again and remained a Conservative stronghold until the 1987 election when the SNP took the Moray and Banff seats which it held for the next 30 years – often referred to as the Alex Salmond period.

The SNP unquestionably hit a peak in 2015, when it won all but three seats in Scotland. Two years later, however, the party lost two seats in the Moray Firth area while the Tories also took the prize scalp of Alex Salmond in the neighbouring seat of  Gordon.

At the start of Salmond’s parliamentary career he fully supported the fishing communities, just as those communities supported the SNP, both financially and with their votes.

For instance, here is an extract from Hansard where Alex Salmond brought in a private members Bill on Fisheries Jurisdiction:-

(756HC Deb 02 March 2004 vol 418 cc756-8)

Mr Alex Salmond (Banff and Buchan) (SNP)

I beg to move, That leave be given to bring in a Bill to make provision for withdrawal from the Common Fisheries Policy of the European Union; to amend the Fisheries Limits Act 1976; to make provision about the exercise of functions under that Act by Scottish Ministers, the National Assembly for Wales, Northern Ireland Ministers and the Secretary of State; to provide that that Act shall have effect regardless of the provisions of the European Communities Act 1972; to define Scottish, Welsh and Northern Irish waters; and for connected purposes. The Bill is supported by hon. Members of all eight political parties that are represented in the Chamber, which is unusual for a politically controversial measure, and, more important, by every fishing organisation in the country, both offshore and onshore.

And as Scottish First Minister, he later said on 29th. May 2008, when answering a question from Karen Gillan:-

“No one seriously believes that the common fisheries policy has brought benefits to Scottish fishermen or fish stocks. We are committed to withdrawing from that damaging policy.”

However, by 2015, the SNP position had become more ambivalent.  In a Parliamentary debate on 10th September 2015, Sheryll Murray, the MP   for Cornwall South East, said:-

“I notice that there are some hon. Members from the Scottish National party present. If one of them makes a speech, perhaps they will clarify their policy, which I am confused about. In 2003 the SNP MEP Ian Hudghton said that equal access to a common resource was fundamental to the common fisheries policy, and that no one could change it. Yet I remember that in the early days of my involvement in fisheries policy Alex Salmond, who was then the Member for Banff and Buchan, promoted a private Member’s Bill to restore national control”.

The confusion continues to this day.  The SNP 2017 manifesto expressed a desire to re-join the EU while at the same time saying,

“We will continue, in all circumstances, to demand the scrapping or fundamental reform of the Common Fisheries Policy”

This statement is nonsense. You cannot re-join the EU if you advocate such a policy. Indeed, you would have thought that the SNP would have learned a lesson from the earlier Conservative demise in Scotland – you must not betray your core supporters. Yet this is exactly what they have done and the fishing communities have taken their vengeance. Salmond appears to think he will be back, but he will have to move well away from the coast. The Scottish Tory leader Ruth Davidson has plenty of evidence to use against him if he tries to make a comeback. Anyone can access the Parliamentary documents of Hansard to read his statements.

On polling day Salmond looked grim and deservedly so. He needs to consider why he lost his seat.  For all those years he supported the fishermen, but then power went to his head to such an extent he stopped visiting his fishing supporters. Democracy has worked, but the Conservatives must take note too about what has happened. If they mess up the post-Brexit fishing policy, the Scottish Conservative bandwagon will quickly grind to a halt.

It is ironic that the talk over the past year or so has been about Scottish independence, and separation, but thanks in no small measure to the fishing communities, it is Scotland that has kept Mrs. May in a position to continue as Prime Minister of the UK.

Fishing the first Brexit bright spot as confusion reigns

Fishing photo

Are we going to leave the Single Market or not? And what about the EU’s customs union? – a subject that never cropped up in the referendum debate last year. Do some politicians even know the difference between the two?

At the moment, we are seeing a great deal of confusion about the future direction of Brexit and for those of us outside Mrs May’s new cabinet, what we are reading in the media is leaving us none the wiser. the quality of press reporting has reached an all-time low, with uninformed speculation given free rein and undue weight placed on off-the-cuff comments.

Take, for instance, headline statements that Emmanuel Macron, France’s new President claimed that “Brexit could be reversed.” What he actually said was “Of course the door remains open, always open until talks come to the end. But it was a sovereign decision taken by the people to come out of the EU.” In other words, there remains a theoretical possibility that the UK government might change its mind, but no more than that.  Given the shock of last week’s General Election result, it is hard to see the any rowing back on Brexit given that the consequences for the Conservatives would be the worst crisis since 1846.

The terms “hard” and “soft” Brexit have been bandied about with very few people knowing what they actually mean.  By and large, the terms relate to a future trading arrangement with “hard” meaning leaving the Single Market (or perhaps the Customs Union, or maybe both??) and “soft” means remaining in one or both. But what about criminal justice or foreign policy? There are “hard and “soft” issues here, which few in the media are picking up.

In all this muddle, one thing is clear. From what we could discern of Mrs May’s Brexit agenda, it contained some worrying and unsatisfactory features, including too close a link with the EU’s military plans and an ongoing commitment to remain party to the European Arrest Warrant. The loss of her majority means that she cannot force through her plans for Brexit if they are widely seen as flawed. Indeed, it is possible that we could end up with a better Brexit deal, given that pressure groups and their supporters on the Tory back benches will have a lot more leverage than if we had ended up with a thumping Conservative majority.

In one particular policy area, fishing, we are already seeing evidence of this. Scotland was the one piece of good news for the Conservatives in an otherwise dismal result and several of the seats they won from the SNP include fishing communities. Ruth Davidson, the Scottish Conservative leader, campaigned strongly on the fisheries issue and has apparently spoken to Theresa May, insisting that the UK must leave the Common Fisheries Policy and manage its own waters right up to the 200 Nautical Mile/Median Point limit.

Given that Michael Gove, who has recently been appointed Secretary of State for Environment, Food and Rural Affairs , is the son of a man who worked in the fishing industry, there is every reason for being hopeful that the sensible post-Brexit fishing policy proposed by Fishing for Leave has a greater chance of being implemented.

So, amidst the current confusion, we are perhaps seeing the first bright light. As the dust settles, hopefully others will follow

 

Michael Gove’s Appointment – 200 mile Clarity Crucial

Fishing for Leave welcomes Michael Gove’s appointment as Secretary of State for Defra.

Press officer Alan Hastings said “FFL are happy given his family connections to fishing and his Brexit credentials and hope he does both justice”.

“Although Defra is not Mr Gove’s previous specialty his intellectual capacity should surmount not having had the Defra brief before, and we look forward to working with and engaging with him to bring him up to speed on one of the acid tests of Brexit”.

“Fishing can be a £6.3bn beacon of success for Brexit and can exorcise the betrayal by Edward Heath”.

“We must realise the opportunity to automatically repatriate all our waters and resources and to rejuvenate coastal communities with bespoke British policy that husbands our unique ecology, works for all fishermen and ends the policy of discards”.

“This opportunity cannot be squandered for the status quo to appease a minority of vested interests and the EU”.

FFL sounded a warning that, the deliberately ambiguous wording of the Conservative manifesto to describe the waters we will take back control of says those we have “historically exercised sovereign control. This deliberate choice of words can only mean out to 12 miles”.

“When international limits were extended to 200 miles Britain was already bound to the Common Fisheries Policy and therefore the EU automatically took control of our extended fishing limits”.

“Although the previous Secretary of State said the manifesto meant all UK waters Mrs Leadsom is now gone.

“It is now necessary for clarity and closure that Mr Gove and the Prime Minister commit to the entire UK EEZ out to 200miles or the midline”.

“We hope and wish Mr Gove every success in realising the opportunity for a triumph of Brexit and look forward to meeting with him to help ensure this happens”.