§ Mr. Austin MitchellTo ask the Minister of Agriculture, Fisheries and Food how many Spanish-owned but British-registered fishing vessels were prevented from fishing in United Kingdom waters under the provisions of the Merchant Shipping Act 1988 now overturned by the European Court; what action was taken against those vessels; how many were subsequently(a) tied up in Britain, (b) tied up in Spain, (c) transferred to Spain to continue fishing and (d) sold to other owners; what investigation has he made into each vessel's claim for compensation; and what records each will be required to produce to substantiate that claim. [3689]
§ Mr. BaldrySome 150 vessels were removed from the UK fishing vessel register in 1989. About 95 of these vessels have returned to the UK register or have had their 233W licences placed on other UK-registered vessels. Detailed information is not held on the whereabouts of those vessels which have not returned to the UK register.
The issue of whether compensation is payable to vessels removed from the register is awaiting a ruling by the European Court of Justice. The Advocate General, in his opinion of 28 November, was of the view that national Governments are liable to pay damages to individuals where the legislature has passed a national law which is incompatible with Community law, provided that the obligation imposed on the state from which the individual's right is derived is clear. The Advocate General's opinion is not binding, however, and we must await the ruling of the court itself. If the court took a similar view to the Advocate General it would be for the UK courts to determine its application in individual cases.