Hastings Fishermen convicted by a 'Red Herring'

Hastings Fishermen convicted
by a 'Red Herring'

....a very fishy tale about British injustice

A Rip-Off Britain Special Report

Download this Report in Adobe Acrobat - Click here
(Originally written January 27th)

12th February - LATEST NEWS

APPEAL APPLICATION - An application, for appealing both the convictions and the fines imposed, has been submitted to the Crown Court by the appellant's barristers. The case should be heard within the next three months. Thanks for your kind support thus far - but the fight is NOT over yet. If the appeal case is rejected by the Crown Court it WILL go the to the Court of Appeal and failing that, the House of Lords and onto The European Court of Justice. In the meantime, please keep your donations coming. We've now passed the £1,000 mark in just 10 days!
Where and How to Donate - Click here

Political Supporters: Michael Foster MP Hastings & Rye, Tories fisheries spokesman Owen Paterson MP, Daniel Hannon MEP, UKIP MEP Nigel Farage, Peter Skinner MEP, Mark Coote Conservative Parliamentary Candidate for Hastings & Rye, Richard Stevens Liberal Democrat Parliamentary Candidate for Hastings & Rye.

Campaign helpers: If you live in the Hastings area and would like to help in supporting Paul & Graeme's Appeal Campaign by delivering flyers, contacting businesses, etc., please contact us here

Plying a fishing boat on our inshore waters is one of the most dangerous occupations that any person in the UK could undertake.

Everyday fishermen in small boats risk their lives in often-dangerous conditions and in rough seas that can be in excess of a Force 8 - all for a few daily boxes of fish, mostly to supply expensive London restaurants and gourmets on the Continent.

When I learned that two Hastings fishermen were now tarred as criminals for allegedly fishing over their quotas, and I further discovered that both fishermen had indeed observed the 'rules of engagement' as laid down by EU rules, Rip-Off Britain decided to become involved.

Paul Joy and Graeme Bossom from Hastings were convicted in Lewes Crown Court, East Sussex on the 26th of January 2005, and together were fined in excess of £14,000 for contravening so-called DEFRA rules.

In October 2003, Paul Joy was told by a local ministry official that he had broken his licence conditions by catching more cod in the month of October than was allowed under EC quota rules.

Paul was astonished because the EC quota rules do not apply to small inshore boats of less than 10 metres, such as those launched off Hastings beach. These have yearly "allocations" from the ministry - and at that time only 53 per cent of the allocation had been caught. But the Department for the Environment, Food and Rural Affairs (DEFRA) arbitrarily decided the annual allocation should be subdivided into 12 monthly shares. Without warning, and after fishing during October 2003, Paul Joy along with another Hastings fisherman, Graeme Bossom, were told at the end of October 2003 they had broken this 'new' rule.

During the Crown Court case, Judge Simon Coltart (who's been on the bench since 1991) ruled 'that Defra was entitled to interpret EC law as they saw fit' (by subdividing the annual allocation into 12 monthly shares). Because of the Judges' ruling Joy and his colleague were (rightly or wrongly), advised by their counsel to plead guilty. In addition, it is strange why the Judge barred reporting until sentence was passed, when in fact there was no jury appointed or present! More disturbing is that both fishermen were denied the right to give evidence in their own defence!

The Hastings boats are small, less than 10 metres long, so they are not subject to many of the rules of the Common Fisheries Policy that apply to larger boats. As Franz Fischler, the EU's former fisheries commissioner confirmed in a letter to MEP Mark Watts; "Small fishing boats of less than 10 metres long do not have to keep logbooks or have special permits. Nor do they require individual quotas to fish, though their catches must remain within an annual limit allocated by Defra from the total cod-catch permitted by Brussels in the Channel". (of which French fishermen receive 18,000 tonnes and English fishermen 1,750 tonnes).

In fact, DEFRA's own website confirms this regulation which is contrary to the Crown Courts ruling!

Because there is little investigative reporting by the media who seem intent on only reporting a one-sided version of a story, living locally myself, I wanted to meet the man and find out more about how and why he and his fellow fisherman was convicted for over-fishing. I contacted Paul Joy and asked if I could spend the day on his boat as he fished. He agreed. So, armed with notepad and digital camera, early last Tuesday morning I arrived at Hastings beach for a trip out on Paul's boat RX83, better known as the 'Sandra'.

Paul Joy - Chairman of The Hastings Fisherman's Protection Society

Paul is well known and respected by fishermen throughout the UK and is also Chairman of The Hastings Fisherman's Protection Society. Over the past 20 years Paul has appeared numerous times on both radio and television, has met Royalty, Prime Ministers and politicians, and remains extremely active and vocal in his campaign against certain EU fishing policies in Brussels that has virtually wiped out the British inshore fishing Fleet. Paul is both directly involved and highly concerned about preserving fish stocks and works closely with DEFRA and other fishery scientists in their monitoring of the English Channel where he and his fellow fishermen work and fish.

I was to discover that Paul knows his trade extremely well, and is a man of great honesty and integrity - but he certainly does not mince his words!

Aided by a small bulldozer, the Sandra was pushed down the steep shingle beach towards an incoming tide. The work started here as Paul and his brother-in-law Ken placed and removed large and heavy wooden blocks in turn from beneath the Sandra's keel as she slipped towards the wintry cold waters of the English Channel. Just before she hit the waterline I clambered aboard a slippery and icy deck, and hanging onto the wheelhouse for dear life, we ploughed through the waves breaking towards the shore, I embarked on my voyage.

Hastings has the largest and last remaining beach-based fleet in Europe

These small boats, hauled daily down the Hastings shingle, constitute the largest and last remaining such beach-based fleet in Europe. They have been fishing like this in Hastings since the Middle Ages, and in 1588, for their services in repelling the Spanish Armada, the local fishermen were granted the right to fish the neighbouring grounds in perpetuity. Paul Joy's family has been fishing in small boats from the same beach in Hastings for the past 800 years.

We chugged along at a few knots under the scenic Sussex coast to roughly a half mile offshore where Paul had laid his nets on his last trip. Normally the nets are left for one day, but because Paul was in Court the day before the nets had been out for two days. He hoped to catch sole. After the mandatory cup of hot tea brewed in a rusting kettle we arrived forty minutes later at the first net identified by Paul's marker buoy.

Hauling in the net - due to tide and wind the catch can be a lottery

Whilst Ken guided and pulled the net through the motor-winch hauler Paul quickly removed the fish from the net - carefully throwing back any undersized fish, some of which were greedily devoured by our constant host of herring gulls. This catch was apparently good and many fine large sole and plaice, including the occasional cod and other lesser species, were starting to fill the fish boxes. All the time Paul was dashing back and forth to the wheelhouse to correct the boat's position in the sea swell. The net was long, and it took the next forty minutes to complete the task. But the job was not finished. After removing any remaining fish, the net was untangled and neatly placed starboard side for its reintroduction to the sea.

This same procedure went on for another four nets spread along the coast. Unfortunately, subsequent hauls weren't always successful, but nevertheless Paul seemed pleased with his catch and remarked my coming aboard had been a good omen!

The sea was starting to get up as we headed back to Hastings beach with fish being gutted on-route. On our arrival the boat sped towards the beach, hit hard and the waiting crew from other boats connected the cable as we were hauled up the shingle.

The 'Sandra' arrives back at Hastings beach after six hours at sea

We'd been out at sea for almost six hours. The catch was two boxes consisting of sole and plaice, plus a few cod and some miscellaneous non-commercial species. For Paul and Ken it had been a good day - better than most they said.

To a relative landlubber like myself it seemed like a hell of a lot of hard work and effort for a very meagre reward. In fact, after the cost of fuel and other related expenses such as maintaining the boat, equipment, insurance, renewing nets (that can cost up to £10,000), I understand the day's haul netted a profit of perhaps around £100.00. In fact, the average income of a Hastings fisherman is less than £100.00 a week! Due to the weather they can't expect to go out every day, and the boat and crew can be laid up for a week - and sometimes longer. Also, because all the Hastings fishing fleet is beach based, their time at sea is limited because they're governed by the tides.

If it wasn't for the working wives of Hastings fishermen, they and their families could not survive, and would be reliant on Government handouts. When DEFRA initiates a despotic policy that discriminates against fishermen's legal ability to fish, their human rights are without doubt being infringed.

Apart from the boats being under 10 metres, it's clear to me why the Hastings fleet are not subjected to EU rules, and do not have to log their catch.

The Hastings fishermen are not plundering the seas around them, but are carefully 'farming' their fish stock - which are evidently abundant. These people are keeping alive a very old tradition on this island and are, without doubt, environmentally friendly. Unlike the large foreign factory ships and beamers, Hastings fishermen have a vested interest in preserving fish stocks. Unfortunately, DEFRA's local representative, Paul Johnson, back in October 2003 thought otherwise, and under a misguided DEFRA directive that's contrary to EU rules, decided to prosecute Paul Joy and his fellow fisherman Graeme Bossom for over-fishing.

Rip-Off Britain firmly believes there's
been a grave travesty of justice.

Paul Joy has been Chairman of The Hastings Fisherman's Protection Society for the past 20 years, so it is inconceivable he would blatantly or knowingly break the law - in 33 years of fishing, Paul has never infringed any fishing regulation and, up until his conviction, has had a clean slate. The same applies to Graeme Bossom who has fished the last 25 years.

Interestingly, I have been reliably informed that other fishermen in Hastings during October 2003 could just have easily been prosecuted for 'so-called' over-fishing, but instead, DEFRA decided to single out 'the guy at the top'. We can only conclude that certain officials within DEFRA had an agenda to discredit Paul Joy because of his on-going criticism surrounding the fishing industry, and the way it's regulated. Perhaps prosecuting Graeme Bossom at the same time made it appear all the more plausible.

We also believe that Judge Coltart had no jurisdiction or remit in this case to pass judgement upon the interpretation of EU law. He should not have had entitlement to interpret EU law concerning the EU Common Fisheries Policy in favour, or for the benefit of DEFRA's internal management policies concerning fishing licences covered under current EU and UK legislation. We believe that EU law should only be interpreted and implemented by the law makers in Brussels - and not by a Judge sitting in a County Court in the UK. We cannot believe that such a ruling was a legal basis to convict and fine the defendants.

We also invite you to read an extract below from the EU Common Fisheries policy and let you come to your own conclusions!

Council Regulation No. 2847/93, which describes itself as "establishing a control system applicable to the common fisheries policy", sets out in its preamble a number of policy objectives. These include: "Whereas this Regulation should not affect the national provisions on monitoring, which, while coming within its scope, go beyond its minimum provisions, provided however that such national provisions are in conformity with Community law".

Article 2 of that Regulation imposes obligations on Member States in relation to monitoring, inspection and maintenance of surveillance of all activities in the fisheries sector, including that of landing of fisheries products.

Article 4 provides: "The inspection and monitoring specified in Article 2 shall be carried out by each Member State on its own account by means of a system of inspection decided by the Member State."

Article 38 provides: "This Regulation shall apply without prejudice to any national control measures which go beyond its minimum requirements, provided that they comply with Community law and are in conformity with the common fisheries policy". (Ed. community law in this instance is the exemption of boats under 10 metres)

We may complain about the EU and it's bureaucracy, but if DEFRA insist that their misguided internal management policies and 'directives' are lawful under current Acts of Parliament; perhaps joining the EU constitution is not such a bad idea! That's not to say we shouldn't opt-out of the Common Fisheries Policy!!

Your support is needed!

An application, for appealing both the convictions and the fines imposed, has been submitted to the Crown Court by the appellant's barristers. The case should be heard within the next three months. This in excellent news, but the campaign will continue until both Paul & Graeme's names have been cleared. In the meantime, please keep your donations coming.

The Hastings Fisherman's Protection Society
The Fish Market, Rock-a-Nore,
Hastings, East Sussex, TN34 3DW, England

Please make your cheque payable to: The Paul Joy & Graeme Bossom Fishermen's Appeal Fund

Many thanks! And next time you have a plate of fish n' chips - please remember the fishermen in Hastings.

10th February - News
Another DEFRA 'persecution' against a Hastings fisherman has come to light. After his fishing boat's engine developed problems, Mr X (name withheld) urgently needed to pick up his nets. Just as he was embarking from the beach in a small dinghy DEFRA nabbed him and he was charged with "fishing without a boat licence", and is due to appear in court. Because he was prevented from retrieving the nets, they've now been lost at a cost of several hundreds of Pounds. Are the Government hell-bent in destroying our inshore fisheries - just like they have our manufacturing industry? If so, they're going about it the right way.

4th February - News
Hastings Observer - Shoals of support for fined fishermen - Members of the public and politicians from across the spectrum have backed Paul Joy and Graeme Bossom after their "scandalous" conviction last week.
Full story - Click here

3rd Feb - News
Major fishing petition handed in. Representatives from the Fisherman's Association and the Cod Crusaders have delivered the largest petition ever placed before the Scottish Parliament. Full story - Click here

2nd Feb - 'Appeal Fund Flyer is launched' Click here to download

(kindly donated by Mailing & Printing)

2nd Feb - News
Written questions from Shadow Fisheries Minister Owen Paterson MP for tomorrow's Parliamentary session (3rd Feb 2005): Click here to download

2nd Feb - News
Letter from Daniel Hannan MEP to Commissionner Borg at the European Parliament asking the Commission if it believes that the recent UK judgment is in accordance with the principles of the Common Fisheries Policy or the application of natural justice. Mr Hannan will also be raising this question in the European Parliament.
Click here to download Letter

1st Feb - Press release - South East UKIP MEP Nigel Farage officially supports our Campaign against the convictions and fines. Michael Foster MP contacted us today and he fully supports the fishermen and has vowed to do anything he can to assist. Owen Paterson MP raised the case in Parliament on 02/12/04

1st Feb - Fishing News - 'Be Warned says Hastings Fishermen'. Click here

31st Jan - Press release - Mark Coote - Conservative PPC for Hastings & Rye Click here

30th Jan - Article - Christopher Booker writes in The Sunday Telegraph and backs the two fishermen Click here