HL Deb 26 February 2002 vol 631 cc1409-10

8.32 p.m.

Baroness Farrington of Ribbleton rose to move, That the draft order laid before the House on 7th February be approved [19th Report from the Joint Committee].

The noble Baroness said: My Lords, I beg to move the Motion standing in the name of my noble and learned friend Lord Williams of Mostyn and, with the leave of the House, I shall speak also to the Sea Fisheries (Northern Ireland) Order 2002.

The effect of the first order is to determine the Northern Ireland zone for the purposes of Section 98 of the Northern Ireland Act 1998. In doing so it establishes the boundary between the parts of the sea within sea fishery limits which are to be treated as adjacent to Northern Ireland and those parts which are not to be so treated. The order mirrors the boundary with the Scottish zone created under the Scottish Adjacent Boundaries Order 1999.

Within the Northern Ireland zone the Department of Agriculture and Rural Development will exercise the powers relating to fisheries to be devolved to it from the Secretary of State for Northern Ireland under the Sea Fisheries (Northern Ireland) Order 2002, to which I shall come in a few minutes. I commend the order to the House.

The second order essentially transfers functions relating to sea fisheries from my right honourable friend the Secretary of State to the Department of Agriculture and Rural Development in Northern Ireland.

Hitherto, while most fisheries matters were devolved to the Northern Ireland Administration, the responsibility for making some subordinate legislation remained with the fisheries Ministers in the UK acting jointly. For example, we intend to devolve the ability to make subordinate legislation such as the licensing of Northern Ireland fishing vessels and rules governing their operation; the ability to legislate for technical conservation matters such as defining the mesh size of fishing nets that may be used by Northern Ireland fishing vessels; and the minimum landing size of a variety of fish species. The list is intended to be illustrative and is by no means exhaustive. Under the Northern Ireland Act 1998 there is provision to devolve that function. By amending certain statutes, that is all that this draft order achieves. I emphasise that no new powers will be created.

Noble Lords may also wish to note that the equivalent powers in respect of the Secretary of State for Scotland were transferred to the Scottish Executive under the Scotland Act 1998.

Article 3 of the order sets out the main pieces of primary legislation to be amended; namely, the Sea Fish (Conservation) Act 1967, the Fisheries Act 1981 and a number of other enactments relating to sea fisheries. Schedules 1 to 3 set out in detail how those enactments are to be amended and the powers transferred from the Secretary of State for Northern Ireland to the Department of Agriculture and Rural Development. In broad terms the order transfers to the Department of Agriculture and Rural Development functions relating to sea fishing in the Northern Ireland zone; sea fishing by Northern Ireland fishing boats; and various statutory provisions relating to sea fisheries as amended by Articles 6 and 7.

I stress again that this is a purely technical provision, transferring functions so far as they relate to sea fisheries and no new powers are being created. I commend the order to the House.

Moved, That the draft order laid before the House on 7th February be approved [19th Report from the Joint Committee].—(Baroness Farrington of Ribbleton.)

Lord Glentoran

My Lords, I thank the noble Baroness for moving the order. It is one more step on the road to full devolution for Northern Ireland, which has to be good.

Lord Shutt of Greetland

My Lords, I also thank the noble Baroness for moving the order. I believe that this is a further step to devolved government in Northern Ireland. From these Benches, we give it our blessing.

On Question, Motion agreed to.