Lord Lucasasked Her Majesty's Government:
Whether, in the absence of agreement on new derogations, the basis for the common fisheries policy after 2002 would be Council Regulation (EEC) No. 101/76; and, if so, whether Spain, Portugal, Greece and Italy acting together would form a sufficient blocking minority to prevent any such derogation being agreed to; and
Whether, under Council Regulation (EEC) No. 101/76, after 2002 that part of the United Kingdom quota currently fished by "quota hoppers" will be regarded as quota attaching to the communities from which those quota hoppers come, and that any move to negate this by preserving the principle of relative stability would require a new derogation.
§ Lord DonoughueIn the absence of agreement on new measures, the basis for the common fisheries policy after 2002 will be Council Regulation (EEC) No. 3760/92, including its provisions on relative stability.
Lord Lucasasked Her Majesty's Government:
With reference to the proposition that "Because we have agreed a way forward with the Commission we are in a much better position to avoid legal challenge 75WA to the measures we adopt" in their statement on common fisheries policy made on 18 June (H.L. Deb., col. 1259), what is the legal advice on which this statement was based.
§ Lord DonoughueIt is not customary for Her Majesty's Government to disclose such legal advice.