Flagship post-Brexit fisheries legislation is not fully applicable in Northern Ireland under Windsor Framework

TUV leader Jim Allister described the fisheries support cap as "a fundamental affront, against which I am surprised — maybe I am not — to be the only Member of the House to protest".

The cap was highlighted in an Assembly debate on Monday after the minister brought regulations to provide support to the industry.

Ironically, the regulations were brought under the Fisheries Act, which was hailed by the Tory government as the UK’s first major domestic fisheries legislation in nearly 40 years. It promised to give the UK “full control of its fishing waters for the first time since 1973”. It also promised to allow the Government to fund a wider range of fisheries projects equip the UK’s devolved administrations “with greater fisheries management powers”.

Alliance DAERA minister Andrew Muir said his proposals were “carefully developed to ensure that future grant schemes have the flexibility to meet new policies and the needs of the Northern Ireland fishing and seafood sector as they change over time”.

However, Jim Allister intervened to say the minister had sold the scheme as one whereby all the devolved regions of the UK can make their own provision. “What he did not tell the House and what the Committee does not even seem to have examined is the overriding fundamental constitutional issue that, under the protocol, the scheme is capped.

“The EU, our colonial masters for whom the Minister is but a slave in these circumstances, dictates how much can be granted in aid to our fishermen. Article 10 of the protocol subjects us to state aid rules. They apply only to Northern Ireland, and therefore England, Wales and Scotland do not have their hands tied behind their back in this regard.

“State aid rules have specified the maximum that the Minister can grant under the scheme to the fishing industry”, the TUV leader said. He pointed out that the Brussels-set limit is £16.9 million over five years. “For this year, the first of five, he has provided 20% of that. It also says that the maximum that he can provide in any year is £4·01 million”, Mr Allister added.

He said it was a “fundamental affront” and expressed surprise that he was the only member of the Assembly to raise the issue.