I beg to move,

That this House
has considered maritime safety breaches within the Exclusive Economic Zone.

It is a pleasure, as ever, to serve with you in the Chair, Mr Efford, and I welcome the Minister to his place. He knows that I hold him in high regard as a very effective and diligent Minister, so I hope he will not take it amiss if I say that I was a little disappointed to hear that I was not getting a reply from the Attorney General or one of her staff. In fact, when I think about it, that change highlights one of the problems we are dealing with: this is an issue in which many Government Departments have an interest but for which nobody has overall responsibility. One thing that I hope we take away from this debate is a determination that somebody takes charge of the issue.

Essentially, I want to bring the House’s attention to a matter that arises from an ongoing conflict between fishing boats that operate static gear and those that operate mobile gear. There can only be better ways of resolving those conflicts and tensions than the ones that I am about to describe for the House.

There are two particular, well-documented incidents that I want to place on the record for the benefit of the House and for the Minister’s consideration. The first took place on 11 June 2020, and involved the Shetland-registered whitefish boat the Alison Kay. Skippered by James Anderson, it was fishing 30 nautical miles to the west of Shetland. Mr Anderson describes the roots of what was about to happen thus:

“The incident occurred on the 11th of June and when the vessel in question shot his gear”— that is the Pesorsa Dos, which is a Spanish-owned but German-registered vessel—

“in the area he knew we were fishing. He chose to put his gear at risk. What he decided to do was to shoot nets”— those are gillnets of quite industrial magnitude—

“in an area known to be used by trawlers and then subsequently tell the trawlers they can’t fish here now because his gear is now there! This is simply unacceptable terms for us and we have no intention of moving away when we have every right to continue fishing.”

This is an area of sea that has been fished for decades, if not centuries, by Shetland fishermen, so we can understand Mr Anderson’s strength of feeling. The skipper of the Pesorsa Dos then proceeded to tow a rope tied to a float across the bow, which was a clear attempt to foul the Alison Kay’s propeller or steering gear. It was an act of the most incredible recklessness for which there can be no excuse. It could have led to injury or death, or the loss of either or both of the boats. Of course, it was avoided because the skipper of the Alison Kay took evasive action.

The Pesorsa Dos is a Spanish-owned gillnetter that is flagged in Germany through SeaMar, a company based in Schleswig-Holstein. The Maritime and Coastguard Agency was made aware of the incident but declined to investigate because it said that it happened outside the 12-mile limit, and the 12-mile limit is the extent of its jurisdiction. That takes us into that area of sea between the 12-mile limit and the extent of the 200-mile exclusive economic zone. Notwithstanding the MCA’s describing the incident as extremely “concerning” and saying that the

“consequences could have been extremely serious”,

it was declared that the responsibility lay with the German investigating authorities, as that was where the Pesorsa Dos was registered—Germany was the flag state.

We pursued this matter in correspondence with the German authorities but, bluntly, they were not interested, even though Germany is the flag state. Why would it be? This incident involved a conflict between a Spanish vessel and a Scottish vessel in waters hundreds of miles away from the closest point of German waters. I do not believe this sort of behaviour was ever anticipated when the United Nations convention on the law of the sea—the governing statute—was entered into, but this is the reality with which fishermen in Shetland and other parts of the United Kingdom are now having to deal.