Thursday 27th February 2020
(4 years, 8 months ago)
Public Bill CommitteesAgriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 27 February 2020 - (27 Feb 2020)
The Committee divided: - Ayes: 6 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 10 - Question accordingly negatived.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
It is a pleasure to follow my right hon. Friend, who as ever makes some very valid points. Animal welfare is important to us all, and I am proud that, broadly speaking, it is also very important to farmers in this country.
Touching briefly on the issue of live exports, as I imagine the hon. Member for Cambridge knows, the Government has a manifesto commitment to end excessively long journeys for animals going for slaughter or fattening. We have said to date that we are actively looking at this important issue, and I understand that a consultation is planned imminently for this spring, so that we can take it further as quickly as possible.
I can reassure the hon. Gentleman very clearly, and not just by nodding, that there is no intention that payments will be issued to farmers for achieving basic welfare standards. The Government are world leaders in animal welfare, and are committed to retaining that status by maintaining and strengthening our standards, as part of a comprehensive series of measures to improve animal welfare. Using the powers in this Bill, we are developing a scheme that aims to improve welfare. As part of that, we are exploring a one-off grant system that will help farmers to improve welfare on farms, and might well include some of the suggestions made by the hon. Member for Cambridge, which we discussed earlier in our consideration of the Bill.
Kerry McCarthy (Bristol East) (Lab)
For clarification, would that grant system be for capital expenditure to change the animals’ accommodation? If so, does the Minister envisage that there will be ongoing revenue-type subsidies to maintain the higher welfare standards, or is it just capital that is being looked at?
Victoria Prentis
I envisage the specific grants that I was just talking about as payments to enhance buildings, for example, or for other welfare issues. However, the hon. Member is right to mention other means of paying for welfare, and it is true that the Bill is currently flexible. I expect that we will get into the detail of that sort of issue as we progress with devising the schemes to improve animal welfare. She is right to highlight that issue, and should make whatever points she wants to as we devise the schemes. We are exploring a payment-by-results scheme, under which farmers could receive ongoing payments for delivering specific animal welfare enhancements that are valued by the public but, as the hon. Member for Cambridge said, not yet sufficiently valued by the market. The hon. Member for Bristol East is therefore right to continue to make whatever points she wants to in that space.
The amendment would restrict in primary legislation what will be included in the new scheme before those involved in the industry, as well as the Animal Welfare Committee, have had the opportunity to have their say. What defines enhanced animal welfare must be designed in consultation with those involved, so that the schemes deliver the best possible outcomes for consumers, the industry and, most importantly, the animals themselves. Our understanding of animal welfare today is far ahead of where it was when I was growing up on a farm, or 20 or 30 years ago. It would be short-sighted of us to set out requirements in legislation for payments, as it would restrict our ability to develop or amend schemes, such as the enhanced animal welfare scheme, when more evidence becomes available.
Turning specifically to amendment 42, improving the health of the national livestock, herd or flock, requires widespread co-ordinated action. We intend to launch the first schemes to improve the health of farmed animals from 2022 to 2023, concentrating on endemic diseases. We are co-designing schemes with farmers and vets, prioritising cattle—both dairy and beef—sheep, pigs and poultry, with the intention to widen participation to other species. Previous experience has shown that, without action being taken by the majority of farmers, efforts to control disease and improve health do not achieve very much.
That action does not have to be significantly above the legal standards to be very effective, but it does need to be part of a concerted effort on the part of farmers and others, which can, of course, include central Government. We are worried that the amendment would restrict us to providing financial assistance only, in effect, to better-performing farmers. Actions such as tackling endemic disease are best done when a large proportion of farmers and livestock owners are involved. If we limit the number of those who can benefit from a scheme, we will not be as successful in achieving our goals.
The hon. Member for Cambridge teased out the question of what constitutes a significantly higher standard of animal health. There is no single measure of animal health at the moment, and different actions to improve it will have different levels of public and private benefits. I am sure that we will continue to discuss such matters. At the very least, the amendment would make an important part of the financial clause difficult to work in practice, and could go so far as being counterproductive. I therefore ask the hon. Gentleman to withdraw the amendment.
Daniel Zeichner
I beg to move amendment 44, in clause 2, page 3, line 32, at end insert—
“(4A) No more than 5% of the financial assistance given through a financial assistance scheme in any particular financial year shall be spent on administration or consultancy.
(4B) The Secretary of State may by regulations vary the proportion of financial assistance specified in subsection (4A).”
This amendment, along with Amendments 45,46 and 47 would place a 5% limit on the amount of financial assistance which can be spent in any year on administration or consultancy.
Victoria Prentis
As the hon. Gentleman knows, we pledged to guarantee the current annual budget to farming in every year of this Parliament. I want to make it completely clear that that commitment is separate from the funding that the Government requires to administer future financial assistance schemes, which itself is determined through Government spending reviews—behind closed doors, as he puts it. To make it crystal clear, the running costs for DEFRA and the DEFRA group are considered separately from the payments made to beneficiaries. I hope that clears up one of his questions.
As we continue to develop the future schemes, we may find that we need to include some administration costs for third parties, such as those incurred to run farm clusters or other groups that bring together multiple farmers and land managers to provide some of the schemes envisaged in the hon. Gentleman’s favourite new document. At this stage, we are unwilling to lock ourselves into saying how much will be spent on administration and consultancy. It will vary enormously from scheme to scheme.
I recognise that the hon. Gentleman is trying to make sure that we remain transparent about the costs of running our schemes, and I reassure him that we are dedicated to remaining open and honest about our proposals and their costs. The purpose of the ELM document that we have heard so much about today is to start the discussion and to seek input from farmers, foresters and other land managers in co-designing the policy, and to give a demonstration of the open and transparent way in which we are going to be designing the schemes.
Similarly, the new clause we introduced that commits us to publishing annual financial reports on scheme expenditure will enable the public to examine how much we are spending. Those reports could include a breakdown of administration and consultancy costs, if the Secretary of State so desires—I thank the hon. Gentleman for his suggestions on that. The public, and Parliament acting on their behalf, have a right to expect that public funds will be used wisely and so we will, of course, be following the rules under the Treasury’s “Managing public money” guidance.
I reassure members of the Committee that we recognise and are committed to delivering value for our taxpayers. Indeed, that is partly why we wish to keep such flexibility —to ensure that financial assistance is always delivered in the most streamlined and efficient way. I therefore ask the hon. Gentleman to withdraw the amendment.
Daniel Zeichner
The Minister has given a welcome clarification. The obvious rejoinder is: where is the headroom in the DEFRA budget for these very ambitious plans? I suspect we will return to that question. I was just flicking through my favourite document, but unfortunately could not find the appropriate line. [Interruption.] I know; it is a shame. I am pretty sure that there is a suggestion somewhere in there that some of the money saved from basic payments could be used for some of this work. We can return to that point another day.
I am grateful for the Minister’s helpful response. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 17, in clause 2, page 3, line 35, leave out
“or operated on behalf of”
and insert “by”.—(Victoria Prentis.)
This drafting amendment is intended to clarify the exclusion of financial assistance schemes made by the Secretary of State from the definition of a third party scheme and also to achieve consistency with other references in the Bill to things done by the Secretary of State. As a matter of legal interpretation a reference to something done by the Secretary of State will pick up things done by others acting in the name of or on behalf of the Secretary of State.
Mr Goodwill
My first point is that if the hon. Member for Newport West had drafted the amendment herself, she might have looked in a bit more detail at what schedule 1 of the Hunting Act 2004 actually says and what exemptions should be referred to, rather than making a general reference to exempt practices. We all rely on pressure groups and lobby groups to help with our work, but taking things at face value is not always the best way forward. Secondly, the objective of the Bill is not to support people killing rats with terriers, or people conducting legal activity within the context of the Hunting Act; it is to support our agricultural industry in a way that also achieves the green environmental objectives that we all want to meet.
The hon. Member for Cambridge will not be surprised to hear that I will not be supporting these amendments. Whether or not Members agree with hunting is almost beside the point, because the amendments are drafted in such a way as to destroy the objective of the Bill, which is to give support to farmers, particularly in some of the most challenging parts of our country—those areas where farming is most difficult to make economically attractive, where predation from foxes and rats are problems, and where other types of pest control need to be carried out. The exemptions within the Hunting Act exist to allow those legal activities to take place, and my guess is that using the amendments to take them out of that Act and make those farms exempt from support would take out nearly 100% of the farmland in the United Kingdom. Even farmers farming National Trust land where hunting is not allowed by the landlord will be carrying out rabbit and rat control, which is one of the exemptions that the hon. Member for Newport West is seeking to bring back in.
Victoria Prentis
Environmental land management will, as we said earlier, be most successful if the highest number of participants are enabled to join in. As my right hon. Friend has just made clear, I fear this amendment would limit uptake of our exciting new schemes, and therefore limit the environmental benefits that we all hope will flow from them. For example, under the suggested tiers 2 and 3 it will be vital for farmers and land managers to work together across a wide area, to deliver the environmental benefits we hope for, such as improving the status of habitats. Excluding some land from being eligible could prevent us from delivering those benefits.
I am concerned that the amendment might penalise legal activities. For example, exempt hunting is, by its nature, exempt from the Hunting Act 2004, and is a legal activity with clearly defined restrictions. No one should be penalised or have financial assistance withheld for carrying out or allowing lawful activities on their land.
Amendment 50 concerned me because it would exempt from financial assistance those on whose land hunting had been carried out without their knowledge. For example, hare coursing, which many hon. Members will have had difficulty with in their constituencies, is an offence under the Hunting Act, and is often undertaken without landowner or land manager consent, often by illegal trespassers.
I am also concerned that exempting land that has been used for hunting since February 2005, as my right hon. Friend said, including legal hunting activities, could mean that we are exempting financial assistance from being awarded to lawful landowners or managers, who had no control over what had happened on that land previously.
I hope I have made clear the difficulties in seeking to restrict financial assistance in such a way. I therefore ask the hon. Member for Newport West to withdraw the amendment.
The Chair
With this it will be convenient to discuss the following:
New clause 18—Financial assistance: duty to provide advice—
“(1) The Secretary of State must make regulations to secure the provision of training, guidance and advice to persons receiving financial assistance under this Act, for the purpose of enabling those persons to deliver the purpose or purposes for which the financial assistance is given.
(2) Regulations under subsection (1) may include provision for advice on matters which include but are not limited to—
(a) the impact of any practice upon the environment,
(b) business management, including the development of business plans,
(c) the health and welfare of livestock,
(d) the safety and health of workers in any agricultural sector,
(e) innovation, including alternative methods of pest, disease and weed control,
(f) food safety, insofar as it relates to the production of food or any activity in, or in close connection with, an agri-food supply chain,
(g) the operation of any mechanism for applying for, or receiving, financial assistance under this Act, and
(h) marketing of any product falling within an agricultural sector under Schedule 1.
(3) Regulations under this section are subject to affirmative resolution procedure.”
This new clause would require the Secretary of State to make provision for training, guidance and advice to be made available to persons receiving financial assistance.
New clause 23—Consultation on financial assistance schemes and multi-annual financial assistance plans—
“(1) Prior to framing any financial assistance scheme under section 1 or to preparing a multi-annual financial assistance plan under section 4, the Secretary of State must carry out a consultation on the design of the scheme and how it relates to the Government’s strategic priorities for giving financial assistance.
(2) In the consultation under subsection (1), the Secretary of State must consult—
(a) such persons, or representatives of such persons, as appear to the Secretary of State to be representative of interests substantially affected by the scheme,
(b) such persons, or representatives of such persons, as appear to the Secretary of State likely to apply for financial assistance,
(c) any relevant authority under section [Consultation on giving of financial assistance],
(d) such other persons or bodies as the Secretary of State considers appropriate.”
New clause 24—Consultation on giving of financial assistance—
“(1) Financial assistance under section 1 may only be given to a person following consultation with—
(a) the relevant authority under subsection (3) for the area in which land for which financial assistance being claimed is situated,
(b) the owner, or representative of an owner, of any land adjacent to that for which financial assistance is being claimed,
(c) any water undertaker under section 6 of the Water Industry Act 1991 whose area includes land for which financial assistance is being claimed,
(d) such persons, or representatives of such persons, as appear to the Secretary of State to be representative of interests substantially affected by the giving of the financial assistance,
(e) such other persons or bodies as the Secretary of State considers appropriate.
(2) The consultation under subsection (1) may seek views on—
(a) the amount of financial assistance to be given to a person,
(b) the purposes for which a person is to be given the financial assistance,
(c) the outcomes which the person in receipt of financial assistance should be expected to deliver, and
(d) the potential for giving financial assistance in connection with a third party scheme under section 2(5).
(3) For the purposes of this section and section [Consultation on financial assistance schemes and multi-annual financial assistance plans], a “relevant authority” is—
(a) a parish council, or
(b) where there is not a parish council—
(i) a principal authority in an area with a single tier of local government as defined by section 1 of the Local Government and Public Involvement in Health Act 2007, or
(ii) a district council or London Borough Council in an area other than in subsection (3)(b)(i).”
Victoria Prentis
Clause 2 establishes certain aspects of how financial assistance provided under chapter 1 may be administered. It provides for funding to be subject to conditions and makes it clear that funding may include conditions under which it can be recovered. We recognise that the expertise of individuals outside Government can play an important role in delivery. For that reason, the clause allows financial assistance to be given to those who operate their own schemes and enables the Secretary of State to delegate functions in relation to giving financial assistance. To ensure transparency, the clause also creates a power for the Secretary of State to make regulations to require the publication of information about payments.
Turning to new clause 18, I welcome the opportunity to discuss the types of support that we will look to offer those in receipt of financial assistance under clause 1. This is an important topic.
We recognise that there must be an effective advisory service to support ELM and other schemes established under clause 1. In the discussion document, about which we have heard so much, we have invited contributions on key topics, including on advice and guidance, and some of our tests and trials are focused on this area. For ELM, the tier that farmers, foresters or other land managers take part in could affect the type of advice that they need. For example, some may need advice at the scheme application stage; others may need help and support in planning their interventions. How much advice and guidance they require may change, depending on their level of experience. Therefore, the advice and guidance framework for ELM will be flexible and able to adapt to the specific requirements of the participants and the outcomes that they are seeking to deliver. The new clause would restrict that necessary flexibility.
We are considering a range of approaches for delivering the advice—for example, one-to-one advice and support direct to land managers. That could include, as we have discussed, agronomists visiting farms to give specialist advice. We are also considering group training, telephone and online support, and peer-to-peer learning.
We are still exploring different mechanisms for providing advice for all our schemes, but we would not want to lock ourselves into providing advice that may become out of date in the future and we are keen to retain sufficient flexibility to adapt how we provide advice as we continue to learn. We want to break away from the common agricultural policy’s rigid and inflexible approach. We are firmly committed to offering a range of supportive measures to ensure that our farmers and land managers will have access to good-quality advice, guidance and training.
I come now to new clause 23. We recognise the importance of engaging with farmers, foresters and other land managers as we start to implement our reforms. Consultation and co-design are at the heart of what we will do. We have extensive plans for, and a track record of, working with industry, experts and other interested parties.
The Department published our consultation on proposed reforms to farming in February 2018 and received more than 40,000 responses, each of which was read and considered. We can see the effects of that consultation throughout the policy document that we produced earlier this week. We will also consult on the detailed ELM scheme design after the pilot has started. That consultation will build on what we have learned from the tests and trials, as well as the national pilot, and will help us to refine and finalise our scheme design before the launch of the full scheme in 2024. These activities, I hope, will do exactly what new clause 23 seeks to achieve. We will also seek additional views and opinions from farmers, foresters, land managers and other interested parties through various special events and roundtables held throughout the country.
New clause 24 would require us to consult in an inflexible manner before giving financial assistance. Requiring the Government to consult neighbouring landowners and local authorities before any payment is made could prove problematic and introduce significant extra administration and delay into the system. For example, in the case of our animal health schemes, there are around 67,000 registered livestock holdings alone. While we would not make payments to all these, consulting on every payment to a small proportion could make the delivery of the scheme burdensome and possibly unworkable.
Daniel Zeichner
This goes to the heart of the problem. We do not know how many of these schemes will be administered. Until we know, it is very hard for us to comment.
Victoria Prentis
The hon. Gentleman and I have had this discussion several times today already. Having new duties to consult, such as this, could result in unintended consequences, which I am keen to avoid. For example, if we need to respond to an emerging environmental issue, such as a novel disease or tree pest blight, having to consult widely on a new financial assistance scheme would make the grant less useful and effective.
Daniel Zeichner
This is both interesting and important. It again goes to the intended relationship between the tiers. Tier 3 schemes, at the catchment-area level, could have a big effect on the local landscape. Even if the Minister does not like our suggestion for tier 1—I see her point, if it would apply to large numbers—surely there is a case for tier 3.
Victoria Prentis
There will certainly be a case, with the wider tier 3 schemes, to involve more people, because the aim is to cross farm boundaries in order to provide a public good over a wider area. However, we do not want to tie ourselves to an inflexible consultation. Believe you me, I have been involved in DEFRA for under two weeks and I am amazed by the level of consultation with which DEFRA is prepared to engage. I really think that we do not want to tie ourselves to inflexible amounts of consultation, or consultations of the type that do not enable us to react quickly when needed. Responding in a timely manner may be important, such as when dealing with a disease or blight to a particular plant. I am concerned that the new clause is too inflexible.
I agree that the new clauses raise important issues, but I think we should take a flexible but reasonable and proportionate approach to consultation, in line with the Cabinet Office consultation principles. Requiring engagement in legislation is not necessary or, indeed, appropriate, and could result in our going back to the difficult days of delays in payments, which we all worked so hard to get over.
The Government have proven our commitment to joint working and consultation repeatedly, and we intend to continue that. I hope I have reassured the hon. Member for Cambridge and the Committee that we will be taking appropriate action on engagement to ensure that financial assistance schemes are delivered in the best way possible. As such, I ask him to withdraw the amendment.
Daniel Zeichner
Today’s discussions have been most illuminating and interesting and have shown the benefit of giving the proposals detailed scrutiny. To refer to my earlier comments, it would be so much easier with the detail before us. I think we are genuinely having a dialogue that explores some of the tensions and issues.
I welcome the Minister’s acknowledgement that there is a case for wider involvement. Earlier, she acknowledged that maybe tier 2 and certainly tier 3 had some similarities with some of the previous pillar 2 schemes. Those of us who have been involved in rural development over many years will be familiar with the European Union LEADER schemes. My understanding and recollection from when I was involved is that there was local authority involvement, and that is the bit I am worried is missing.
It does not seem to have come up in discussion much, but we are talking about public money being spent in rural, semi-rural and sometimes urban areas—my city of Cambridge has a farm—yet the bit that seems to be missing is the public voice, or even the voice of individual members of the local community. I get what the Minister is saying. I was a parish councillor. I started my glorious ascent many years ago on Dickleburgh parish council. As a district councillor, like many others, I used to regularly attend parish councils. In fact, my partner seemed to think that, as far as she was concerned, there was a parish council meeting for every night of the week. There are pros and cons for our parish councils.
My strong sense is that local councils are not party political, by and large. People there are absolutely motivated to ensure the best for their local communities. They are not always as representative as they should be, in my view—I do not think the farming community have to worry about that; in many cases they are well represented on those bodies—but they know their patch inside-out. I remember many discussions about gullies and culverts going long into the night. Sometimes it was hard to keep up. They know their local patch. If we are using public money for transformative schemes for local areas, I think these people have something to add.
I understand the tension with wanting to respond swiftly, but it is important that local communities are taken along in that, and I think there are dangers if they are not, frankly. It is not something that is easily resolved, but I hope that people will go away and think about some of that. To some extent, local councillors are an unused asset and an unused store of local knowledge. There are difficulties, because some of them might have conflicts of interest. In the end, the Minister’s suggestion that consultation is a bit slow and tedious—perhaps I am being unfair—is something we all struggle with, but that is what democracy is like. We are the country we are because we are prepared to spend that time having that discussion with people. I hope I have not misrepresented her.
Daniel Zeichner
Oh, I have. In which case, I withdraw that suggestion. I understand what the Minister is saying. She is trying to find a balance between an appropriate level of involvement without squandering the opportunity to act. I also have to say that a lot of the environmental goods we are talking about are not tackling an immediate crisis. In some cases, they are making long-term transformations, and it is important that local communities have their voice.
Going back to where I was going to start, I made it clear in my comments on a previous amendment that we are strongly committed to the advice-giving role. In fact, I just do not think that any of these things can be done without that offer of advice and help. On Tuesday, I did suggest that with slightly naive optimism. I am a naive optimist and perfectly up for that, some of this will be a bit more difficult than some of the policy papers suggest. We are asking people to change the way that many of them have operated for a very long time. The incentive we are giving them is basically a stick, by saying, “You are going to lose your money.” Some people respond positively to that, which is great—I am sure those are the farms that we are generally shown around.
3.30 pm
My recollection from my days as a district councillor in a very rural area is that there were also plenty of other farmers, and I am not sure that all of them will be quite so easy to work with. It will need advisers who have a whole range of skills, not just farming-related skills. In moving people from where they are now to where want them to be—this goes back to my earlier narrative, and we will probably pick this up when we debate the clause on delinking—there is a risk that a lot of people will just decide, “It’s not for me.” In fact, I have already heard people say that. That is another big decision we have to take and it could be the way we go, but is that we want to do? I am not convinced that it is.
We need to ensure that we have the resources now that the Minister has finally conceded that the budget will not come out of the moneys from direct payments. On one level, that is very welcome. Given that it is not particularly easy, however, it prompts questions about how much it will cost, where the money will come from, and whether we will have the skilled people to do it. I worry about smaller farms. Big farms, which have the resources and are used to dealing with the system, will probably be able to make the transformation. They might not all be enthusiastic, but they will be able to have a dialogue. I worry about smaller farmers, and I do not think it unreasonable to suggest that—going back to my earlier point—there might be a bigger plan. I wonder whether that plan includes smaller farmers in many parts of the country, because there is potentially a big social impact.
Looking back at the previous environmental schemes—which is one of the good bits of the document—the evidence clearly shows that having access to an adviser makes a big difference to their success. It is well worth providing advice to farmers on how they can meet environmental outcomes, navigate the often difficult paperwork—I suspect it is probably now done on a computer—and request money from these schemes, because such advice can help to address gaps in the skills, knowledge and motivation of farmers and land managers. It can help to build confidence, ultimately leading to better outcomes than for people who are not supported by advice. That is something we have heard from stakeholders and from witnesses in Committee.
We finally learnt from the aforementioned document—I think the Minister referred to it—that the Government are thankfully considering a range of different models for the provision of advice, including one-to-one support provided directly to land managers, group advice and training, telephone and online support, and facilitation of peer-to-peer learning. All of those are welcome, and we would strongly support them. It is also very welcome to read in the document that it is anticipated that there will be provision of extensive written information—I am sure we are delighted to hear that—both online and offline.
Daniel Zeichner
I will read it; I promise.
Guidance will be provided to everyone who participates in ELMS, including guidance on how to deliver the environmental outcomes that they will pay for. Having looked at the 139-page document on how to apply for the basic payment scheme, including the delightful colourful drawings of buffer strips and what a field looks like, I do not underestimate how complicated the previous system was. The challenge is to see whether it can be trimmed down. Based on previous experience in this country, it may be an ambitious hope, but I am sure that is where we all want to get to. As I said earlier, the difficulty is that we still do not really know how it will be paid for.
I want to pick up on an observation from the earlier discussion. A huge number of people would have been made ineligible by one of our previous amendments. There is nothing in the documents or the Bill to stop the entire budget going to one project, which it could do. It could be argued that that might be the most environmentally sustainable thing to do, but there lies the problem. The system being replaced is one under which people basically had almost an entitlement to public support by virtue of owning land—we were very critical of it, although if it had been applied properly and was subject to proper environmental improvement, there was a possibility to make it work—but we have no idea about the distribution of resources under the new framework. We do not even really know what the Government think would be a good outcome. Part of my worry about all this is that there is too much that we do not know.
Advice will need to be made available to farmers about a broad range of areas to incentivise take-up, which we hope to see, and to support them in delivering these environmental public goods. We will need really good information and explanations about why particular practices that people have perhaps been doing for a while are not approved of. We will need really good targeted help for people, with proposed innovations towards better animal welfare practices or alternative methods of pest, disease and weed control. We need clear guidelines on how the various financial assistance schemes work, and support with business management plans, to make the transition to ELMS work for each farming unit. I am still not clear about how we will make sure it is properly resourced and funded, or that we have sufficient people with the capacity to do this. To go back to the question of how many will be in tier 1, if advice is offered to all those people, that will be a big job. We will probably be pursuing the matter of how much that is likely to cost on another occasion through written questions.
If it is the Government’s intention to do all this, it would have been helpful to have a bit more detail in the Bill, rather than an ambitious but rather vague list of plans. That goes back to one of my themes: if we are trying to offer certainty to people in a time of change, we need a bit more than this.
With new clause 18, we propose including a requirement in the Bill for the Secretary of State to make regulations to provide training guidance and advice to those receiving financial assistance to help to enable them to deliver the clause 1 public goods. I think we have outlined a decent range of activities. There are no restrictions on suggestions. The Minister says that it is too prescriptive, but she is free to add as many extra suggestions as she likes. That would be helpful. Given that the Government are clearly moving in this direction in general, I am sure the Minister would recognise the importance of sending a strong signal to farmers that the Government really are going to be there to support them. I hope that, on that basis, they will consider supporting that amendment.
New clause 23 says that, prior to framing any financial assistance scheme, the Secretary of State must carry out a consultation on its design and consult the relevant authorities. I have already spoken about the potential role of parish councils. It does not have to be parishes, because there are areas that are not parished, but we want it to be the lowest tier of local government in order to ensure that the local community has a role. I have hinted that that must be the case for tier 3 and possibly for tier 2. Much depends upon how broad tier 1 actually is. On that basis, I support these new clauses, which I understand will be voted on later, Mr Stringer.
Victoria Prentis
No.
Question put and agreed to.
Clause 2, as amended, accordingly ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4
Multi-annual financial assistance plans
Ruth Jones
I beg to move amendment 37, in clause 4, page 5, line 14, after “period” insert
“, and
(d) set out the budget for each financial assistance scheme under sub-paragraph (c)(i) or (c)(ii) for the duration of the plan period”.
This amendment and Amendments 38 and 39 provide that the Secretary of State’s multi-annual financial assistance plan must include a budget informed by the Office for Environmental Protection to be established by the Environment Bill.
Victoria Prentis
It is always good to discuss funding for agriculture further. I begin with amendment 37. The Government faced a fair challenge from parliamentarians on the previous Agriculture Bill about the funding they were expecting to receive. The Government responded to that challenge and included what I am going to start calling the MAFA plan—the multi-annual financial assistance plan—in clause 4, which covers the seven-year agricultural transition period. This will describe the assistance schemes that are in operation or are expected to come into operation during that period.
Subsequent plans will run for at least five years, rather than seven, and the Secretary of State will have a duty to ensure that plans do not expire without a replacement in place, which is important. However, we recognise that the sector needs clarity on the budget, which is why we guaranteed the current cash total for each year of this Parliament, giving much-needed certainty for the next five years.
Ruth Jones
I thank the Minister for her honesty about the current funding uncertainties and the issues. I appreciate that she has a massive job on. I am glad to be on this side of the room.
Ruth Jones
The Minister is quite right that there will be lots of new acronyms—OEP, MAFA—and we are frantically learning them, so she must bear with us. She is honest in the way that she has expressed her concerns.
We accept that there will be a lot of co-operation—hopefully—as the Bill progresses, because it is important that this is not about us and them. It is not adversarial; a lot of this should be consensual. We should work together to make sure that we get the best for the agriculture sector across the UK—in all four countries. We look forward to lots of probing questions not just from Opposition Members, but from hon. Members on both sides of the House. We look forward to developing and fully understanding the complexities and intricacies of the Bill. With that in mind, I thank the Minister for her comments and beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 4 ordered to stand part of the Bill.
Clause 5
Annual and other reports on amount of financial assistance given
The Chair
With this it will be convenient to discuss new clause 2—Annual assessment of funding for purposes—
(1) The Secretary of State must report on financial assistance for each purpose listed in section 1.
(2) A report under subsection (1) must be made for each financial year and must be laid before both Houses of Parliament no later than 31 October in the financial year following the financial year to which the report relates.
(3) The first report shall be made by 31 October 2021 and shall relate to financial assistance in the 2020-21 financial year.
(4) A report under this section must record, on the basis of best data available—
(a) the total sum of financial assistance for each purpose in section 1,
(b) the source of any element of financial assistance under subparagraph (a) which comes from public funds, and
(c) the sums from each source under subparagraph (b).
(5) The Secretary of State must include in each report under this section—
(a) a statement of their opinion on whether any sum recorded under subsection (4)(a) is sufficient to meet their policy objectives in relation to each purpose; and (b) a statement of the Secretary of State’s intentions if, in their opinion, a sum recorded under subsection (4)(a) was not sufficient to meet their policy objectives in relation to a purpose.
(6) For the purposes of this section, “financial assistance” means financial assistance either allocated or given in any form listed in section 2(1).
This new clause would require the Secretary of State to report annually on the financial assistance given or allocated to each of the purposes of the Bill, on its sufficiency to meet policy objectives and on the Secretary of State’s intentions if in their opinion funding for any purpose was not sufficient.
Victoria Prentis
Clause 5 places a duty on the Secretary of State to prepare a report each financial year, which I have spoken about extensively already. The report will detail the financial assistance given under clause 1. The financial reporting provisions seek to provide greater transparency and certainty about the amount of public funding allocated under clause 1. That includes information on the extent to which the financial assistance meets any obligations or commitments under the terms of each scheme.
Mr Stringer, perhaps you can guide me. Should I turn to new clause 2 now?
Victoria Prentis
Thank you, Mr Stringer. I am so sorry to have to keep checking such matters.
Turning to new clause 2, the introduction of the multi-annual financial assistance plans has been welcomed by agricultural stakeholders, including the National Farmers Union. Clauses 4 to 6 will ensure that public stakeholders and parliamentarians have plenty of opportunities to scrutinise the Government’s spending on agriculture, as well as the impact of that spending. Were the new clause to succeed, Ministers would have to return each year to report on every purpose under clause 1. That could have the perverse outcome of schemes being designed to meet the report, rather than activities achieving outcomes in the best way.
Instead, our approach will ensure that we look to meet the outcomes in the most beneficial way—for example, by planting trees, the positive environmental effects of which may not show up for many annual reports but would be felt over a much longer period. We recognise that farms and land managers need certainty over future funding arrangements. That is why we have committed to a seven-year transition, starting in 2021, and have introduced a legal requirement to set out our strategic priorities for the transition period before the end of the year. We have also pledged to continue to commit the same cash total that is currently spent for each year of the Parliament.
I recognise the need for certainty, and it is right that the general public should be able to scrutinise our spending; however, the Bill already gives plenty of opportunity to do that. I therefore ask the hon. Member for Newport West not to press the new clause.
Ruth Jones
I am pleased to speak to new clause 2, which would require the Secretary of State to report annually on the financial assistance given or allocated to each of the purposes of the Bill, on its sufficiency to meet policy objectives, and on the Secretary of State’s intentions if, in their opinion, funding for any purpose was not sufficient.
This is an important part of our deliberations, because it is about how we ensure that funding for each public good is adequate and effective. We accept that the Government have a majority in the House, so we must ensure that whatever system they design will work for our farmers, planters, growers and all the livelihoods and communities dependent on a thriving and well-funded agricultural sector. The new clause is about certainty and predictability, ensuring that the Bill provides for a sustainable, effective and transparent funding structure that helps rather than hinders this important sector in our economy.
There is a degree of understanding that no Government can say how much money there will be and where it will come from, but we can have a mechanism that can be reviewed every year. In fact, the system should be reviewed every year, too. Now that austerity is supposedly over, the Government could say to our farmers that money will be available to do all the wonderful things that they promised them during the referendum. That is why it is so important that the new clause is added to the Bill.
If the Minister does not accept the approach set out in new clause 2, what approach will the Government take to providing clarity, to ensure that there is a transparent and genuine approach to funding, and maintaining a detailed annual update on the state of play? I recognise that times will change, and in the future a new Minister will sit on the Treasury Bench. There will be a new Prime Minister at some point, too. I know that the Government cannot commit to money that future Governments will spend, but the Minister can commit to the mechanism. We ask the Government to look closely at the new clause, and we hope that they listen to us, and all those crying out for clarity and common sense.
We have already learned that the British Government spent about £3 billion on the common agricultural policy in recent years, as members of the European Union. We are now starting the process of leaving the European Union, and are sitting in a transition period. I worry that the period will run out far sooner than the Government realise, especially given the announcement about the forthcoming talks concluding this June. We are now on the outside, and those funds can be diverted to delivering public goods to improve the quality of our soils and water; protect, maintain and enhance the natural beauty of our landscapes in all parts of the United Kingdom; and tackle the climate emergency and protect vulnerable communities and industries from the most brutal and deadly effects of climate change. The storms in the past couple of weeks are a very clear example of that.
Victoria Prentis
No.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clauses 6 and 7 ordered to stand part of the Bill.
Clause 8
The agricultural transition period for England and the termination of relevant payments
Mr Goodwill
I beg to move amendment 9, in clause 8, page 8, line 5, after “extending” insert
“or pausing the transition process and”.
It is my pleasure to move this amendment, although I am hopeful that the Minister will be able to satisfy me that it is superfluous. As we have already heard, the Government’s plan is to switch over from the basic payment scheme, which pays farmers for being farmers, to a system of environmental land management that pays farmers for delivering public goods. That will be a seven-year graduated transition, which I hope will be smooth and go according to plan.
However, clause 8(3) allows a degree of flexibility if things do not go entirely according to plan. There are a number of reasons why that might happen—some within the Government’s control and some beyond their control. We have heard that the environmental land management pilots will be concluded by 2024. We have been slow getting started with those—partly because of the parliamentary inertia over the past three and a half years; I will not suggest who might be to blame for some of that—but we are now in a position where we can move forward. The British people have given us a majority and our marching orders, which are for a quick march towards the ambition of delivering these objectives for our farmers.
We may not have all the evidence we need to fully develop and deliver every aspect of environmental land management at the time we hope to start doing so. Therefore, this amendment will allow us to not waste public money on a scheme that has not been fully proven with the evidence, including scientific advice and ecological evidence, that we need. There may be some administrative glitches in the introduction of the new system; Governments do not have a good track record of delivering big IT systems on time—or, indeed, on budget. There may also be external factors relating to weather or disease and the impact they may have on farming, so it makes sense to have the flexibility that clause 8 allows for.
I hope the Minister can give me some clarity about how this may work in practice. If the process is to be extended and the seven-year transition ends up being, for example, a nine-year transition, will that take place in nine equal steps, or will we be able to—as my amendment allows for—pause the transition and start a little bit later? Could we stop the clock on the transition from BPS to ELM, and then resume after a one-year or two-year pause? I am sure that the Minister will be able to reassure me that that is perhaps not intended but allowed within the flexibility of the clause without my amendment. However, the reassurance would be very helpful to me, because I suspect that the existence of the clause in the Bill just might have something to do with the time that I spent at DEFRA last year.
Victoria Prentis
Yes, speed is important, but so are certainty and good government. I know that many people in this room will agree with me that direct payments are poor value for money and untargeted and can and have inhibited productivity and environmental improvement in the past. We have therefore been clear in our intention to phase out direct payments in England. We know that farmers need certainty. That is why we have been clear about the length of the agricultural transition. As has been rehearsed many times today, we are pressing ahead with plans for our ELM scheme.
In the meantime, a simplified countryside stewardship scheme will continue to provide funding for farmers, woodland owners, foresters and land managers.
Victoria Prentis
I can anticipate what the hon. Gentleman will ask. It will be a domestic grant scheme with a more transparent administration process and regulation and enforcement regime, to encourage more applicants and simplify the application and payment process. It is designed to enable a smooth and efficient transition for land managers from CAP payments to ELM payments.
I also reassure hon. Members that phased reductions to direct payments during the transition period will be set in regulations under the powers in clause 11 for payments under the basic payment scheme and in clause 12 for delinked payments. There is no obligation in the Bill for reductions in every year of the transition. We have allowed for flexibility, as I have explained.
I pay tribute to my right hon. Friend the Member for Scarborough and Whitby, who was a great Minister in this role and has been enormously helpful to me during my speedy learning process as I have tried to get ready to take this Bill through Committee. I reassure him that if there are unforeseen exceptional conditions, such as those that he outlined earlier, that would have an adverse impact on farmers, clause 8 already contains the power to extend the transition period, if necessary. There is no need to make a decision now. There is sufficient flexibility in the Bill—we can make a decision later if necessary. But his point has been heard.
In conclusion, I hope I have demonstrated that the seven-year transition period set out in the Bill provides farmers with certainty and enough time to adapt to life without direct payments.
Daniel Zeichner
On this point, the Minister did not quite anticipate me. On the question of what happens when, I think I heard the Minister say that there is no guarantee that there will be further cuts to direct payments in any particular year. Surely there is a danger of our reaching a point where there will be a dramatic change. Things could be gently phased, but if this is not done in the first few years and we try to get to 100% in seven years’ time, the maths is obvious. There is a real risk here. If it is all backloaded, people will face a dramatic cliff edge at some point. Surely we want to smooth things out.
Victoria Prentis
That is why we are going slowly, or relatively slowly. That is why we have a seven-year transition period. I refer the hon. Gentleman to the back page of his favourite document and the policy document published on Tuesday, which gives an indication of the likely timeline. It is important that we retain some flexibility.
We have included in the Bill the ability to set reductions at an appropriate rate during the transition and, if circumstances deem it necessary, to extend the transition. I ask my right hon. Friend to withdraw amendment 9.
Mr Goodwill
I am conscious that I have broken my golden rule of not intruding on my successor’s policy areas for at least 12 months after leaving a Department, but we must thank the usual channels for the fact that I am here and able to participate.
I thought it a little ironic for the Opposition to be criticising us for the delay, given that they are, by and large, the architect of that delay—together with some of my former colleagues, who have sadly departed this parish following the general election. I have heard the Minister’s comments. I do not think my amendment will be necessary to maintain the flexibility I wish to see. She has reassured me in that regard.
The Minister has also underlined the fact that we already have very good stewardship schemes in operation, so it is not a case of having to wait for better environmental objectives to be met: we already have schemes in place that are delivering on a day-to-day basis. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(James Morris.)