HL Deb 19 October 1989 vol 511 cc1026-8

3.31 p.m.

Lord Stoddard of Swindon asked Her Majesty's Government:

What are their intentions regarding Part II of the Merchant Shipping Act 1988.

Viscount Davidson

My Lords, following the recent decision of the European Court the Government have tabled a draft order before Parliament to give effect to the court's order. I understand that both Houses will have an opportunity to debate the draft order next week.

Lord Stoddart of Swindon

My Lords, I am obliged to the noble Viscount for that reply. Of course, we shall be debating the order in full—an order which has serious implications—next Wednesday. However, does not the noble Viscount agree that it is intolerable that a court, sitting in a foreign land, can instruct the British Parliament to amend and alter an Act which was passed by Parliament only in April of this year to protect British fishermen? Is it not now clear that this Parliament of ours, of the British people, is now subordinate to the European Commission and the European Court and is no longer able to pass legislation unhampered and unhindered to protect the interests of British workers?

Viscount Davidson

My Lords, the noble Lord has put his point of view as forcefully as usual, but I have to tell him that this is a mandatory order from the European Court of Justice which is binding on the United Kingdom.

Lord Jay

My Lords, is the Minister satisfied that this proposed draft order will adequately protect the interests of the British fishing industry?

Viscount Davidson

My Lords, I have not seen the draft order and as we will be debating it next week I feel that the House would prefer me to deal with these points when we have seen the order rather than waste your Lordships' time with answers which may prove to be inaccurate.

Lord Campbell of Croy

My Lords, without going into the merits or demerits of the case, where the EC rights of establishment and participation in capital have been invoked, if the European Court's decision were to enable fishing boats to change their nationality at will and with ease, how could the quota system be continued? That system was the basis, and still is, of the common fisheries policy and was the result of long and arduous negotiation.

Viscount Davidson

My Lords, once again I think I must tell my noble friend that I cannot answer that question until I have seen the draft order.

Lord Underhill

My Lords, I appreciate that we will be debating the order next week. However, I inform the noble Viscount that I have seen the draft order and that I have read the full report of the European Court. I have also read the news release from MAFF of 11th October in which Britain's fisheries Minister says that he does not expect the judgment to have a considerable effect. The Minister quoted certain conditions which will still apply.

The European Court, however, has said that this is a matter of great urgency because the entire Anglo-Spanish fleet, as the court calls it, is idle and losing a considerable amount of money. Therefore, can the noble Viscount say how those two aspects tie up? If it is a matter of great urgency there must be many vessels involved. If it is not a matter of great urgency why could not the court have waited? Surely anything becomes a matter of great urgency if it puts out of work a number of Britain's fisheries.

Viscount Davidson

My Lords, as we are to have on Wednesday a very full debate on this draft order I would prefer to wait until then to give a full and detailed reply.

Lord Tordoff

My Lords, is not the noble Viscount aware that when orders come before this House it is too late because we have no way of amending or rejecting orders? Therefore, before the order comes before this House I ask the noble Viscount to examine two aspects: first, the safety angle in relation to shipping and, secondly, the dangers of over-fishing, particularly in the seas around Cornwall, if this order goes through. We should be most grateful if the noble Viscount could apply himself to those points before coming to this House with an unamendable order.

Viscount Davidson

My Lords, I will most certainly do that.

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