Brexit and the Sea Dr Thomas Appleby

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Presentation transcript:

Brexit and the Sea Dr Thomas Appleby Associate Professor and non-practising solicitor UWE, Bristol

Fight of Flight? Use it or lose it? Never Waste a Good Crisis? There was no plan Fight of Flight? Use it or lose it? Never Waste a Good Crisis?

Some of the ‘new ideas’ Philip Booth - Conservative Home Dr Madsen Pirie - Adam Smith Institute

Marine Conservation (Norway option) UK would still be bound by general EU environmental law Air pollution Water quality Marine Strategy Framework Directive Trade related Directives Except for Birds and Habitats Directives Bathing Water Directive Agricultural Policy

The Theory in Fisheries UK Could exclude vessels from 12- 200 6-12 European Fisheries Convention of 1964 (2 year notice) UK has own representation on international bodies End of overarching CFP Negotiates ‘some sort’ of Agreement with the EU and others

But then it starts to get complicated EU Policy of ‘relative stability’ and common access would have major diplomatic consequences EU Subsidy worth ¼ of current value of UK fishery up for negotiation EU by far the biggest market Devolution means it is only notionally a ‘British’ fishery Much bigger issues at stake than fishing – this will be ‘bargaining chip’ CFP is ‘working’ already

In practice Renegotiating it all once will be impossible, so current EU law likely to remain for many years How to ‘leave’ but retain influence Devolution International Agreements still apply UNCLOS Straddling stocks and MSY OSPAR Convention on Biological Diversity The UK helped to draft the CFP in the first place

What will it look like? New Fisheries Legislation will be required Who gets fishing quota? How is MSY calculated? Days at sea / spatial management options Safety at Sea Extended EEZ? Better regulation of offshore fisheries? New UK agricultural policy?

Leavocrats and Eurocrats If the Natures Directives are to be reviewed it could be improved Could be largest shake up of rural economy since WW2 Lack of expertise in Government A clear role for eNGOs / academics