HL Deb 05 July 1996 vol 573 cc120-1WA
Lord Kennet

asked Her Majesty's Government:

Further to the answer given by the noble Baroness, Lady Chalker of Wallasey, on 20th June (HL. deb., cols. 455–7), what recent "uncertainties" concerning the fisheries around Rockall have arisen to cause them not to accede to the UN Convention on the Law of the Sea (and the ancillary agreement) in time to nominate and vote for candidates to the Law of the Sea Tribunal.

Why their uncertainty about the fisheries round Rockall, which represent 0.2 per cent. of Scottish catches, has remained undetected as "complicated" until now, despite their statements over the years that they accepted these parts of the UN Law of the Sea as international customary law; and which department of state has raised them at this late stage.

In what ways UK fishery limits currently fail to coincide with the UN Law of the Sea provisions.

What amendment of the Scottish fishery limits could not be secured by Order in Council under Section 1(2) the Fishery Limits Act 1976; and, if any, what has delayed such action.

Whether, in view of the provisions of the convention establishing the International Council for the Exploration of the Sea (ICES) and of the European Union's common fisheries policy relating to these areas, they have consulted with ICES or with DG XIV of the European Commission.

With what national bodies and industries in the maritime field which have collaborated with them since 1974 in negotiating the UNCLOS texts they have consulted over their decisions not to accede in time to nominate to or vote for the Law of the Sea Tribunal, and what has been the reaction to their decision.

Baroness Chalker of Wallasey

In the light of a number of continuing uncertainties in the situation with regard to fisheries issues, the Government have concluded that now is not an appropriate time to accede to the United Nations Convention on the Law of the Sea. The timing of accession remains under review and Parliament will be informed as soon as the Government have taken a decision. The candidate for the Law of the Sea Tribunal nominated by Her Majesty's Government has also been nominated by France, and therefore remains eligible. Her Majesty's Government strongly support his candidacy.

Measuring British fishery limits from Rockall is believed to be inconsistent with the convention's provision that rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone. Any amendment to British fishery limits can be made by Order in Council under Section 1(2) of the Fishery Limits Act 1976. The Government have concluded that no such amendment should be made at the present time.

The Government's position in relation to the convention is not a matter for either ICES or the European Commission. Neither did the Government consult other outside bodies on the timing of accession.