‘LIKE drinking a pint of cold sick’, was how Scottish Conservative MP Douglas Ross described the UK Government’s climb down over fisheries policy in talks with the EU.
Mr Ross said the UK Government had “delivered far less than I hoped or expected” for fishermen, before adding: “There is no spinning this as a good outcome. It would be easier to get someone to drink a pint of cold sick than try to sell this as a success.”
The UK Government went into talks with the EU over a deal for the transition period following March 2019 expressing confidence that it would be able to regain control of UK fishing waters at the point the UK formally departs the European Union next year. However, despite rumblings from Michael Gove – Secretary of State for the Environment – and Scottish Conservative leader Ruth Davidson that the return of control over Britain’s fisheries was non-negotiable, it turned out that the UK Government thought it was.
The blow could have electoral ramifications in Scotland, where recent Conservative success in coastal communities has been helped by UK and Scottish Conservatives making the sort of noises that have encouraged Scottish fishermen to back them at the ballot box.
Regardless of the UK’s much-vaunted red lines, the EU made access to British waters by European fleets a red line of their own and the UK Government blinked first.
The CFP has faced harsh criticism in the past, with the Scottish Government calling it “the EU’s most unpopular and discredited policy”. The policy has been accused of being an overly centralised, top-down approach from Brussels to managing fisheries.
A key issue for fishermen is the equal access of EU vessels to UK waters. They argue that as the UK has a relatively large fishing zone compared to many of its continental European neighbours, EU fishermen benefit more from access to UK waters, a criticism supported by the University of the Highlands and Islands.
The Conservatives committed in their 2017 manifesto to leaving the Common Fisheries Policy. The manifesto outlines that the UK “will be fully responsible for the access and management of its waters”.
In the June 2017 Queen’s Speech, the Government announced a Fisheries Bill for the upcoming Parliamentary session. Its purpose is to “enable the UK to control access to its waters and set UK fishing quotas once it has left the EU.”
The UK Government has now abandoned that policy without parliamentary discussion.
The National Federation of Fishermen’s Organisations has reacted angrily, saying: ‘There will be a lot of concern throughout the fishing industry about what seems to be emerging.
‘We were led to believe that the UK would be as an independent coastal state from March 2019. The Prime Minister told us that only a fortnight ago. This timetable and perhaps much else has been conceded as part of the transition.
‘In fact, under international law the UK will be an independent coastal state from March. But we will immediately tie ourselves into an arrangement with the EU that is worse that we had before – as the UK will not have a seat at the table when the quotas are decided.
‘The UK’s central problem with the CFP has been that EU vessels, in value terms takes 4 times as much out of UK waters as our vessels take out of EU waters. That imbalance – essentially an exploitative relationship – will continue during the transition.
‘This is being presented as tactical concession that will not prejudice our longer term aims. But it has all the hallmarks of a capitulation’.
A recent report by the Public Policy Institute for Wales says that, while the Welsh fishing fleet as a whole could gain, there are large divisions in the industry, with most vessels, fishers, and ports likely to be ‘net losers’ from Brexit.
At Milford Haven, for example, over half the fish landed are from Belgian-registered vessels with local fishermen’s smaller boats unable to take advantage of a UK fishery zone post—Brexit.
In addition, only a smaller number of vessels face large potential gains, including some ‘flagships’ that land much of their catch in Spain.
The report’s authors say: ‘Parts of the UK fishing industry have been excited by the prospect of claiming exclusive rights to fish in UK waters and larger shares of fishing quota as a result of Brexit. However, the Welsh fleet comprises mainly small-scale vessels that would not benefit from exclusive access to an extended fishing area. They also catch primarily shellfish species that are not managed through quota limits.
‘Most of the seafood produced by the Welsh fleet is exported to EU countries or through EU trade agreements, therefore potential tariff and non-tariff trade barriers could significantly impact market access and competitiveness’.
The authors highlight that the structure of the Welsh fleet is unique and there is a real risk of it being ‘left behind’ in UK-EU negotiations by the demands of larger fishing interests.
Although there is a great deal of uncertainty regarding the outcomes of Brexit, looking forward they estimate that fishing opportunities relating to Welsh waters post-Brexit will be much larger than Wales’ current share. However, as any increases would accrue to existing UK quota holders, the Welsh fleet requires a new arrangement of quota sharing within the UK to get its fair share.
To take advantage of new fishing opportunities, the authors suggest both the UK Government and Welsh Government will need to make targeted changes to the management of fishing opportunities, so that benefits are felt in Welsh ports, coastal communities and wider society from what is, ultimately, a public resource.
However, that area of governance is one of those the UK Government has announced it will retain in its own hands after the UK leaves the EU.
Mid and West AM Simon Thomas, Shadow Cabinet Secretary for Energy, Climate Change and Rural Affairs for Plaid Cymru commented: “Concerns have been raised by the fishing industry following the announcement earlier this week about the transition period for the Common Fisheries Policy, under which the UK will be “consulted” on quotas rather than an equal partner in fishing negotiations with the situation remaining largely unchanged until 2021.
“Last month, the Public Policy Institute for Wales reported that Wales’ fishing fleet has specific needs, with smaller fishing vessels specialising in shellfish and that they need tariff free access to European markets. There are concerns of perishable foodstuffs being held up at customs, continued pressure on seafood species and no say over quotas for alternative catches.”
Mr Thomas continued: “As it is becoming increasingly clear that the Westminster Government cannot be trusted to represent the interests of Wales’ fishermen and women, measures need to be taken by the Labour Government to safeguard the fishing industry in Wales from the uncertainty of Brexit. We need to empower our communities and country in order to ensure that decisions affecting Wales are made in Wales.
“On so many issues, when Westminster refuses to do what’s best for Wales, we must have the tools to do things for ourselves.”
WG consults on new planning process
THE WELSH GOVERNMENT has published proposals to change the way major infrastructure projects are consented.
A new approach is needed because more consenting powers are due to be devolved on April 1, 2019. The Welsh Government is also taking the opportunity to combine a number of existing processes into a single streamlined “one-stop shop” consenting process.
Two stages are being proposed:
- An interim solution requiring changes to existing processes; and
- A long-term solution requiring primary legislation to establish an entirely new form of consent.
The proposals only apply to areas where consenting is devolved.
So for example, in future, projects like the proposed M4 relief road around Newport and the 200 Megawatt (MW) Swansea Bay tidal lagoon would need to be consented through the new process, whereas the 2,700MW Wylfa Newydd nuclear power station would not, because consenting for generating stations with a capacity of over 350MW would remain with the UK Government.
Wales currently has three tiers of consenting processes for most infrastructure projects (there are some exceptions):
Smaller projects are decided by local planning authorities;
Larger projects, where consenting is devolved, are decided by the Welsh Government through the Developments of National Significance (DNS) process; and
Larger projects, where consenting is not devolved, are decided by the UK Government through the Nationally Significant Infrastructure Projects (NSIP) process.
Consents by local planning authorities and the Welsh Government are given under the Town and Country Planning Act 1990 (TCPA) – this is often known as planning permission.
NSIPs require a different kind of consent called a Development Consent Order (DCO), which is given under the Planning Act 2008. DCOs can include consents on a range of associated matters – these are often called secondary consents.
The Wales Act 2017 devolves further consenting powers which are due to come into force on 1 April 2019:
Energy generating stations with a capacity of up to and including 350MW onshore and in Welsh waters (which is an inshore area out to approximately 12 nautical miles from Welsh shores). This doesn’t include onshore wind which is already devolved with no upper limit; and
Overhead electric lines of up to and including 132 Kilovolts (KV) that are associated with a devolved energy generating project.
In addition, the Wales Act has already devolved consenting for Harbour Revision and Empowerment Orders, which are made under the Harbours Act 1964, for most Welsh ports. These new powers came into force on April 1.
WHY A NEW PROCESS IS NEEDED
The way in which the Wales Act devolves the new powers creates some anomalies which need to be resolved to ensure an efficient and effective approach to consenting.
The consenting powers for energy generating stations and overhead electric lines mentioned above are currently consented by the UK Government through the DCO process.
In devolving these powers, the Wales Act takes consenting for these projects out of the DCO process and places consenting for devolved generating stations in Welsh waters back into the former Electricity Act 1989 process. On land, the consenting of devolved generating stations and associated overhead electric lines is placed into the TCPA process, instead of the Electricity Act. The TCPA has previously not been used to consent this scale of generation project.
For a number of reasons set out in the consultation document, this is seen as a backward step.
In addition, the Welsh Government favours taking a more integrated and streamlined approach to infrastructure consenting. It wants to establish a one- stop shop approach for major devolved projects, similar to the UK Government’s DCO process. This, it argues, would provide more consistent and transparent decision-making, and more certainty for communities and developers alike.
The alternative would be to continue with a number of different processes each with their own requirements, established under separate legislation (including the TCPA, Electricity Act and Harbours Act mentioned above).
The one-stop shop approach also allows a number of secondary consents to be included in the main consent, rather than having to be applied for separately.
Some associated changes to the compulsory purchase process are also proposed.
The Welsh Government says an interim solution is necessary because there isn’t enough time to set up an entirely new process before April 1, 2019.
The interim solution involves amending secondary legislation to include the newly devolved onshore energy generating stations and electric lines within the existing DNS process.
Offshore energy generating stations will be consented under the Electricity Act, with a new fee structure based on full cost recovery. Harbour Revision and Empowerment Orders will continue to be made under the Harbours Act.
Offshore energy generating stations and Harbour Revision and Empowerment Orders can’t be brought into the DNS process because the TCPA, under which the DNS process was established, only extends to the low water mark.
The interim solution is due to come into force on April 1, 2019 and will remain in place until the new process is established. The consultation document suggests this will be after 2020.
The long-term solution is to establish a new one-stop shop consenting process that is bespoke to Wales.
The consent would be called Welsh Infrastructure Consent (WIC) and projects captured by it would be called Welsh Infrastructure Projects (WIPs). The Assembly would need to pass primary legislation to establish the new process.
The WIC would consolidate existing consents under the TCPA, Electricity Act, Harbours Act, and a number of other consents made under highways legislation, into one single type of consent. The WIC would also include a wide range of secondary consents, including Compulsory Purchase Orders, Marine Licences and Environmental Permits.
The consenting process would be accompanied by thresholds and policies against which the individual projects can be assessed. Key policies would include Planning Policy Wales, the National Development Framework and the Wales National Marine Plan. The fee structure would be based on full cost recovery.
The WIC process would be designed to be flexible to capture projects of varying types and sizes. It would take a “proportional approach”, enabling certain types of decisions to be made more quickly, and others, which are more complex, to receive greater scrutiny.
This includes introducing a category of optional WIPs that the developer could choose to submit either via the WIC process or to the local planning authority. In the case of offshore projects, where there is no local planning authority, the alternative route for optional WIPs would be via the marine licencing process.
The WIC process would also require developers to engage with local communities before submitting their applications and provide greater opportunity for the public to participate during the examination process. There would also be a specific role for local planning authorities in documenting impact in their areas.
However, the consultation does not address the transfer of regional infrastructure projects away from elected councils and into the hands of unelected so-called ‘City Deal’ boards or their rural counterpart in Mid Wales. The complication of creating a national structure without accounting for looming changes in the delivery of infrastructure services is – as it stands – both unresolved and a likely source of future confusion.
‘Sort finances before service changes’
ONE of west Wales’ Labour Constituency Parties has called for the Health Board not to proceed with its plans for major health service change until its long-standing financial crisis has been resolved.
On Friday, May 25, Ceredigion Constituency Labour Party passed a motion calling on the Board to think again.
In the last financial year the health board overspent its £760m budget by £70m, or 9%, and the board itself describes its regular overspends as ’growing year on year’.
Ceredigion Labour Party points out that although the changes in service provision which are being proposed may provide better patient care, they cannot also be expected to deliver savings if standards of care are intended to be maintained.
Dinah Mulholland, spokesperson for CCLP, said: ”We welcome all attempts to improve local health services. But acceptable proposals must be based on sound financial projections and dependable financial commitments.
“For instance, all three of the board’s alternative proposals for the delivery of clinical services involve the building of a new major urgent and planned care hospital `between Narberth and St Clears’, to replace other hospitals that would be closed or downgraded. Yet the Welsh Government has offered no commitment to provide capital funding for this scheme.
“We are calling for a `Stop and Fix’ approach because unless the financial arrangements are stabilised we see a very real threat that at some point during the next few years progress with major changes in service provision could be overtaken and overwhelmed by a sudden financial collapse.
“And if the board is preoccupied with delivering major changes in service provision it will be paying less attention to managing its ongoing financial problems.
“We would welcome a commitment from Hywel Dda not to proceed with any major reconfiguration of clinical services until it has secured resources to remedy the chronic and ingrained underfunding of health services in mid and west Wales. This proposed reconfiguration cannot and should not be expected to solve Hywel Dda’s long-standing problem with underfunding.”
Last week (May 23) the Welsh Health Secretary announced an annual increase of £27m in Hywel Dda’s revenue funding, but CCLP describes this as “sticking plaster” as it represents only 39% of the deficit in the last financial year.
The Health Secretary has said that this new funding puts Hywel Dda on a “fair funding basis”, but CCLP points out that if the board’s funding has only just become “fair” this raises additional questions about how much the local NHS budget has been “short-changed” in every year since the National Assembly began.
A review by the Welsh Government, as part of the Targeted Intervention support provided to Hywel Dda Health Board, found that two factors, demographics and scale, generated excess costs that were unavoidable to the Board.
The review, undertaken by Deloitte LLP, confirms the view held by many people in Ceredigion and mid and west Wales that Hywel Dda faces a unique set of healthcare challenges.
Hywel Dda is consulting the public on three alternative proposals for providing clinical care, closing and/or downgrading Withybush Hospital, Prince Philip hospital in Llanelli and Glangwili hospital in Carmarthen. In all three proposals community care would be strengthened so that more people can be treated and supported closer to home. In all versions Bronglais hospital in Aberystwyth would remain as a District General Hospital.
The 12-week public consultation began on 19 April and will end on 12 July. Ceredigion CLP is also critical of the board’s plans for obtaining the views of the public, which it points out do not include any meetings with platform speakers open to the general public. CCLP says this is unacceptable.
WG to miss climate change targets
THE WELSH GOVERNMENT will miss its own targets for reducing greenhouse gas emissions, says a National Assembly committee.
The Climate Change, Environment and Rural Affairs Committee examines the issue in its first ever climate change annual report.
In its Climate Change Strategy published in 2010 the Welsh Government set out its target of reducing greenhouse gases in Wales by three per cent year-on-year, and at least a 40% reduction by 2020.
The Committee was given three reasons for the failure – the European Union Emissions Trading Scheme, the economic make-up of Wales and weather patterns.
But the Committee concluded that these variables should have been taken into account when the policies were developed and targets set.
The Welsh Government is being advised on its new approach, framed by the Environment (Wales) Act 2016, by the UK Committee on Climate Change, which has recommended it set new, lower targets in the short term.
The Assembly committee believes this is regrettable but necessary given the lack of progress by the Welsh Government.
Members also learned that the level of engagement in the Welsh Government’s Cabinet on climate change was insufficient, with a lack of joint-working across different departments.
Even though the European Union Emissions Trading Scheme may be a reason for missing emissions targets, the Committee notes there is still no sign of a new scheme to take its place after the UK leaves the EU. The Committee concludes there needs to be a greater sense of urgency on addressing this matter.
“The Welsh Government’s targets on reducing greenhouse gas emissions in Wales were ambitious, but attainable,” said Mike Hedges AM, Chair of the Climate Change, Environment and Rural Affairs Committee.
“That the Government will miss these targets by some margin is deeply disappointing, and the Committee is not convinced by some of the reasoning behind the failure.
“We believe there needs to be a much more co-ordinated approach across government departments if Wales is to truly become a greener, more sustainable nation.
“In the short term we accept the view of the Committee on Climate Change that the Welsh Government revise down its targets.
“We have made a number of recommendations in our report around agriculture, forestry, housing and transport which we believe will ensure ministers will deliver on their climate change commitments and obligations.”
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