Flood Prevention: Farmers

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 10th October 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate the right reverend Prelate the Bishop of St Albans on securing this extremely important debate and on his excellent and informative introduction to the subject, on which he has become something of an expert. I also congratulate the noble Earl, Lord Devon, on his excellent and informative speech. All speakers have spoken in depth about the effects of climate change on the lives of farmers. I am grateful to the NFU, the CLA and the House of Lords Library for their briefings on this subject, which affects many rural and farming communities.

Between October 2022 and March 2024, according to the NFU, the country experienced torrential rain, the most since records started in 1836. Storms Babet, Ciarán and Henk left many farms underwater between October 2023 and April 2024. Farmers were unable to plant crops or graze their stock. The Government’s response was to announce the flood recovery framework in May. This was welcomed, but information was difficult to find on who would be eligible and how to apply, and it had a short application timeframe. Many farmers missed the closing deadline or were turned away because their local authority was not aware of the scheme. As we approach autumn and another season of poor weather, can the Minister reassure us that this will not happen again and that there will be better communication in future?

One of the reasons the flood recovery framework was underused was that many believed that the farming recovery fund was only one option. This fund had grants of up to £25,000 towards repair and reinstatement costs for farmers who had suffered exceptional flooding. The noble Earl, Lord Caithness, has referred to this. This scheme now needs urgent expansion. The fund was also for exceptional flooding, but there are areas of the country where devastating flooding is not exceptional but the norm. These farmers are often part of a scheme whereby their land is offered up regularly for flooding, so that towns and villages are protected. The noble Baroness, Lady McIntosh of Pickering, also raised this issue.

Such is the case on the Somerset Levels, where a system of regular flooding of certain moors in rotation occurs to protect the town of Bridgwater and the surrounding villages. The IDBs are a key element for the success of these schemes. On a fine day during the winter, the Somerset Levels can look picturesque, with the whole area underwater and trees loftily rising above the flood-water, with ducks, swans and other fowl floating serenely along, but this does not put bread and butter on the farmers’ tables, nor does it enable the farmer to plant crops for the next season or feed their cattle, or allow them to put their cattle or sheep out to graze.

Flood Re recompenses those householders who live in areas prone to severe flooding who cannot get insurance through the normal routes, but Flood Re is not available to businesses, nor to farmers. ELMS is designed to reward those farmers who deliver public good. It really is time that those farmers whose land is used to store flood-water on a continual, year-on-year basis should have some financial recompense for the loss of the use of that land. If protecting homes, villages and towns by preventing them flooding is not a public good then I am not sure what is. I urge the Minister to act to recompense these farmers.

The right reverend Prelate the Bishop of St Albans raised the issue of building new flood defences as well as repairing those which are in a poor state of repair. It is important that those which are already there but crumbling should be repaired, and that is a much more cost-effective option.

As has been said, the qualification for claiming under the flood recovery framework is 50 properties affected in an area. This is helpful for centres of towns and villages but pretty ineffectual in rural areas, where hamlets and households are more widely spread. Meanwhile, the farming recovery fund criteria for claiming was being within 150 metres of the river which was flooding. Again, this was a limited criterion, which left many without access to funding.

In April 2024, the previous Government announced that this scheme would be expanded to more farmers, but as we have already heard, so far nothing has happened. Although this commitment was made in April 2024, no details from either Defra or the Rural Payments Agency have been forthcoming, despite numerous requests from the NFU. Can the Minister say whether the new Government will honour this commitment and, if so, when it is likely to be rolled out? The right reverend Prelate the Bishop of St Albans also raised this. I understand that some announcement may be waiting for the Budget, but that does not fill me with confidence that we will get a positive announcement.

The AHDB reran its cropping early bird survey in March 2024. This indicated that reductions in the following crops were anticipated due to flooding: wheat, down 15% at 1.463 million hectares, which is the biggest reduction since 2020; oilseed rape, down 28% at 280,000 hectares, which is the biggest reduction since the 1980s; and winter barley, down 22% at 355,000 hectares, which is the biggest reduction since 2020. That clearly demonstrates the effects on the farming and food-producing communities of continual rainfall leading to extreme flooding.

My noble friend Lord Russell raised the issue of suicide among farmers. Farming is not an easy way of life. Surely now is the time for the Government to act to ensure that our farming communities do not disappear altogether. I look forward to the Minister’s response.

Water (Special Measures) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Wednesday 9th October 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate the Minister on her introduction to this Bill. The issue of continual sewage overflows and the failure of water companies to deal with this effectively has been the subject of many debates in this Chamber. It is also a subject of great concern to the public, who have to suffer the consequences of raw sewage in their waterways and lakes, and often in their back gardens. The noble Lord, Lord Lipsey, and others have referred to public involvement in this issue.

This is a hot political issue, which featured in manifestos during the recent general election. I know that the Minister is keen to deal with this problem, and I am pleased that this Bill is one of the first pieces of legislation that the new Government have decided to start in this Chamber—especially since we have had so many debates and Questions on the subject. Every noble Lord this afternoon has welcomed this Bill. The performance of the water companies and their regulators is an especially important part of our everyday lives. Industry through to domestic householders rely on an efficient water system and have been badly let down in the past. I concur completely with the comments of the noble Duke, the Duke of Wellington.

The Bill is only part of an overall programme of reform needed for the water industry. The Government are promising a review. This is urgently needed, and we all look forward to it being holistic and in-depth, and setting out a clear programme of action to provide the country with an efficient water and sewage industry that will be fit for purpose. My noble friend Lord Russell has referred to this.

The Bill itself has 13 clauses and three main sections: remuneration and governance; pollution incident reduction plans; and sanctions. Remuneration and governance are in desperate need of reform. Since privatisation, CEOs, directors and shareholders have enjoyed payouts that do not reflect the appalling performance of the industry. At privatisation, the water companies were debt free. Since then, they have borrowed money on a large scale, not to invest in infrastructure but to reward themselves. No new reservoirs have been built since 1992, and sewage works are crumbling and out of date. Infrastructure needs addressing urgently.

Solutions so far have been concrete construction-based, which has a high carbon footprint. Nature-based solutions, which are more carbon friendly, have been rejected. Only 2% of Ofwat’s budget is allocated to nature recovery solutions. Bill payers have had an extremely poor deal, while the shareholders and directors have been rewarded. It is time that this trend was reversed. There will be amendments in Committee to ensure that this happens efficiently—and we have heard a lot about the amendments that may be coming forward.

It is absurd that Ofwat is unable to rescind the licence of a poorly performing company without giving 25 years’ notice. My noble friend Lord Russell referred to that. I wonder what planet those who drafted that legislation were living on when they drew up that guidance.

Pollution incident reduction plans should help to concentrate the minds of those managers running the sewerage systems. The plans should include reporting on the state of the sewerage infrastructure, alongside the action being proposed to remedy this within a reasonable time limit. Monitoring each sewage discharge within the hour of occurrence is to be welcomed but, once the spillages have been recorded, are they to be published in a way that can be readily accessible to the public and those directly affected? Transparency is strongly recommended by the Information Commissioner’s Office.

I note that the regulations under this section will be made only after the Minister has consulted such persons as the Minister considers fit. That could be anyone—the CEO of the water company concerned, Ofwat, the Environment Agency or some other person. I am sure that this is something that will come forward in Committee. If the regulations are to be meaningful and effective, the regulator has to have teeth and be up for the job. Currently, there is little confidence in the ability of either Ofwat or the Environment Agency to deal with the scale of the problem, which is endemic within the water industry.

This leads me on to sanctions. It is going to be extremely difficult to identify who is the guilty party responsible for a breach of the regulations regarding sewage discharges, as well as dealing with water leakages. The noble Baroness, Lady Jones of Moulsecoomb, raised the issue of leakages. I welcome that the sanctions are to be stricter and toughened up. The Bill gives the job of monitoring and implementing this section to the Environment Agency.

During the passage of both the Agriculture Act and the Environment Act, the woeful reduction in funding for the Environment Agency was a cause for concern to your Lordships across all sections of the Chamber. This funding situation has not improved. It seems unlikely that the Environment Agency will be able to conduct its role in this Bill effectively.

The system of fines laid out in the Bill may be levied and go into a consolidation fund. Those fines will recompense the EA for the cost of the work that it has conducted in imposing fines, but it will be retrospective. Surely any fines levied should go into a fund for remedial action to ensure that a problem does not occur again and be returned to bill payers, who have, after all, suffered as a result of loss of water supply and incursions of sewage into their homes and business premises.

One of the Environment Act’s tenets is that the polluter pays. That has to happen. The noble Lord, Lord Lipsey, gave a graphic description of pollution in the River Wye—and we have heard that before. My noble friend Lady Parminter referred to yesterday’s news that Ofwat had fined water companies £158 million, with Thames Water having the largest share. I received an email from David Black, CEO of Ofwat, yesterday morning informing me of this, and giving me some detail. Later, I listened on the radio to David Henderson, the CEO of the water industry’s union, Water UK, saying the problem was lack of investment due to Ofwat preventing the industry raising consumers’ bills and preventing borrowing for investment. There was no mention that the water companies were set up debt free; nor that some of their assets had been sold off to increase shareholders’ dividends; nor that salaries and bonuses of CEOs and directors had been increased to what an ordinary bill payer would consider an obscene level.

The water industry as a whole is in a dire state. The regulators are ineffective and too close to those they are supposed to be bringing to book. My noble friend Lady Pinnock and the noble Baroness, Lady Browning, raised the issue of ex-water board members being on the regulatory boards—hardly impartial. The noble Lord, Lord Sikka, gave detail of Ofwat’s poor performance. Neither Ofwat nor the Environment Agency are going to change their modus operandi in the way in which the Government envisage. The EA has been chronically underfunded for years. Ofwat already has powers which, if they had been exercised continually since inauguration, would have prevented some of the excesses and failure of service from which the country is suffering. It is no secret that on these Liberal Democrat Benches we would have abandoned the current system and replaced it with a clean water authority to take on the relevant environmental and regulatory powers, including river health, as my noble friend Lord Russell indicated.

We have heard some excellent contributions from all sides of the Chamber. Many have suggested how they would improve the Bill. My noble friend Lady Parminter referred to public interest being essential for Ofwat. The noble Lords, Lord Remnant and Lord Douglas-Miller, and my noble friend Lady Pinnock warned about a broad-brush approach that lumps all water companies together. Your Lordships are exercised about the state of the water and sewage industry, quite rightly so. I am grateful to all those organisations which have provided briefings for this debate, many of which have suggested amendments for Committee. I agree completely with the need for impact assessments and statutory instruments to be prepared.

I look forward to the Minister’s response to the debate and to working with her during future stages of the Bill to ensure that we have a Bill that is effective into the future and dovetails into subsequent legislation which the Government intend to bring forward following the review of the water industry. As all noble Lords have said, this is not going to be an easy task—quite the opposite.

Water Companies: Financial Resilience

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 23rd July 2024 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, we are working with Ofwat and the water companies to deliver change as quickly as possible. As I mentioned, the first thing we are doing is bringing in the water special measures Bill to try to change the culture within the water companies. We will work on another water Bill that will come forward, and I look forward to working with all noble Lords, including my noble friends, on what that could contain in order to make the biggest difference to the current situation.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Thames Water is in a precarious state due not only to its financial position but to the poor quality of drinking water and sewage treatment facilities. Are the Government taking action to ensure that those living in the Thames Water area will have access to adequate and safe drinking water now and into the future while they sort out the financial issues?

[Baroness Hayman of Ullock (Lab)]

There is no way we would allow there not to be safe drinking water during the current financial situation. The drinking water directive works extremely hard to ensure that we have safe water in this country. Although Thames Water clearly has financial issues, that should not be affected.

South West Water: Brixham Contamination

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 22nd May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Douglas-Miller) (Con)]

I thank the noble Baroness for her question. We have debated a number of times the issue of special measures, and I think I have been clear in the House every time I have stood at the Dispatch Box that the Government will use special measures when the criteria for them are met. I accept that that is quite a high bar, but there are a number of other options for all those water companies that they should fully explore before the Government will consider putting them into special measures.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the first television news on the Brixham infection indicated that contamination was contained to those already infected. The next day’s bulletin retracted that statement, telling viewers that the area of contamination had widened. Bottled water was available to some, but not all, living in that area. As the source was known to be a reservoir contaminated by animal faeces, why was action not taken sooner to alert people to the dangers of drinking their tap water and to provide everyone with bottled water?

[Lord Douglas-Miller (Con)]

I am always nervous of taking as fact what I read in the papers or listen to on the news. I have spent the morning speaking to the chief inspector of the Drinking Water Inspectorate and he is not able to tell me what the noble Baroness has told me. I am just guessing that he might have slightly better access to that information. It is dangerous to say with that level of assertion that that is what has happened, because it is not what I am hearing. It is a live investigation and I cannot go into the details of what I have been told. I can say that South West Water has been handing out bottled water and in many cases over the last week it has been prioritising priority service customers and vulnerable sites. It has opened three bottled water stations, at Broadsands car park, Freshwater Quarry car park and Churston car boot field. It is supporting both vulnerable areas and local residents with bottled water.

Water Companies: Failure

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 21st May 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

I thank the noble Baroness for her very comprehensive plan and look forward to talking to her in detail. In the meantime, I assure her that the Government and Ofwat, the financial regulator of the water sector, carefully monitor the situation. Ofwat continues to engage with Thames Water to support it in improving its resilience within the context of its licence and broader statutory obligations. Fundamentally, it is the companies’ responsibility to continue to raise capital, and they should continue to explore this while fulfilling their statutory obligations of providing water and wastewater services to their customers.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Lord referred to the statutory instrument that sets out the action to be taken when water companies are teetering on the verge of bankruptcy, which was debated on 19 February and subsequently passed in the Chamber. The mechanisms are there, so why are the Government havering over implementation and allowing inadequate management of this vital asset to degenerate on a daily basis?

[Lord Douglas-Miller (Con)]

My Lords, there is a high bar for the imposition of a special administration regime. A variety of options remain available to Thames Water in securing additional finance and it is vital that all of them are fully explored. The Government are prepared for a range of scenarios across our regulated sectors. If it becomes clear that any company will become insolvent or can no longer fulfil its statutory duties, we will not hesitate to use our powers to request the court to place it into special administration.

Fly-tipping

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

The noble Baroness raises the issue that the previous noble Lord also raised. It is extremely difficult, by the very nature of the activity, to police it 100%. In his Anti-Social Behaviour Action Plan, the Prime Minister made it clear that councils should take a tougher approach to enforcement and make greater use of the fixed penalties available to them. We have also taken steps to encourage councils to issue more of these penalties by increasing transparency on their use, through the publication of annual enforcement league tables. Councils must also now invest the income from this in enforcement activity and clean-up.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there has been discussion around the introduction of digital waste tracking by April 2025. This would make a huge difference to the amount of waste produced and dumped, and help to keep the countryside clear of waste pollutants. When is the SI covering digital waste tracking likely to be brought forward?

[Lord Douglas-Miller (Con)]

The noble Baroness is absolutely right about digital waste tracking, because it will reduce the ability of waste criminals to hide evidence of the mishandling of waste and will make it easier for authorities to identify waste dropping out of the system, which might indicate illegal activity, such as fly-tipping. Digital waste tracking records will be required when private waste management companies collect household waste. This should enable householders to check whether their waste has been disposed of properly. We are working towards the digital waste tracking service becoming mandatory from April 2025. Prior to the service being mandatory, there will be a period of public use when the service will be available for all to use on a voluntary basis.

Animal Welfare (Livestock Exports) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

3rd reading
Tuesday 14th May 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend the Minister for his engagement during the passage of the Bill and for the letter he sent me, which I read this afternoon. I echo the concerns expressed by the noble Baroness opposite, because I raised the concerns expressed by the NFU and others that there is still a potential loophole that my noble friend and his department might like to address.

I press my noble friend on reaching a phytosanitary agreement with the EU, the absence of which has meant that poultry producers have lost £85 million in chicken exports to the EU. Poultry exports decreased in value by 69% in the first quarter of 2021. The additional costs and burdens that they had to meet amounted to £60 million in 2021 alone. Those costs are not met by the EU producers, as there are no border controls.

I applaud my noble friend for taking up the issue of labelling, which we discussed on Report. I urge him to ensure that, at the very least, consumers will be made aware that the food they might be about to purchase has been produced in an EU country or a third country and does not meet the standards imposed on our home producers.

Finally, I ask him to use his good offices to ensure that the potential of a first border control post on the EU continental mainland will be achieved at Hook of Holland, using and converting the equine facilities there. Can he use his good offices to ensure that the port of Harwich can be identified as a reciprocal port, to make sure that we have the possibility of a border post and that our food exports reach the EU in a timely and affordable manner? Can he also ensure that we have an SPS agreement with the EU at the earliest possible opportunity?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we are at Third Reading; I will be brief and will not ask questions. I thank the Minister for his good humour and patience during the passage of this vital Bill, which had total cross-party support from the most ardent animal rights supporters in the Chamber. Although some of us might have preferred amendments, it was essential that the Bill pass without delay, and I congratulate the Minister on achieving its speedy passage.

[Baroness Hayman of Ullock (Lab)]

My Lords, as it is Third Reading and this is supposed to be formal, I shall be very brief and just say how delighted I am to see how swiftly the Bill has made its passage through both Houses. It is an important Bill that many of us have campaigned to see for many years, and I very much welcome it and thank all those who have been involved.

Pet Abduction Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Friday 10th May 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate the noble Lord, Lord Black of Brentwood, on his introduction to the Bill, which gave many examples of the poor treatment of abducted animals. He has a strong reputation on animal welfare issues and especially the well-being of dogs and cats. I am grateful to the Battersea Dogs & Cats Home, Blue Cross and the House of Lords Library for their briefings. I declare my interest as a dog owner.

During Covid, there was an increase in the number of dogs stolen. Many were extremely valuable, and this is coupled with the rise in the price of puppies and kittens. The Government, following the work of the pet theft task force, are supportive of this Private Member’s Bill. Your Lordships would expect me to refer to the abandoned kept animals Bill, which would have seen legislation on this subject on the statute book before now if it had not been abandoned. The pet theft task force was set up in 2021, but we are now, in 2024, at last debating this issue of pet theft and abduction.

The Bill generated a lot of discussion in the other place, which I have read. The pet theft task force felt that the offence of pet abduction would shift the emphasis from the theft of goods, which has been referred to—this is the effect of the definition in previous legislation on stolen animals—to the welfare of the animal. Since the passage of the animal sentience Act, there has been much more emphasis on the plight of the animal and less on the owner. The noble Lord, Lord Holmes of Richmond, has referred to this and to the need for a more stringent sentence for miscreants.

It is right that the impact of being abducted on a cat or dog is considered. Many will be distraught at the separation from their owners, but it is equally true that the owners will be distraught at the loss of their treasured companions. For numerous elderly men and women who find themselves living on their own, a pet dog or cat is a lifeline. This is the companion that greets them when they get up in the morning and is behind the door when they come in from visiting the day centre or doing their shopping. This is the companion with which they will share their joys and woes. They do not get a verbal response in the way they would from a partner, but they do get affection and are dependable. To have this much-loved companion abducted can be devastating, causing anxiety and depression.

The Bill is a pragmatic way forward. The penalties for abduction are reasonably sufficient for those who are caught, but I am not sure that they will function as a deterrent for the determined criminal. The noble Lord, Lord Blencathra, indicated that he is not content with the penalties for those convicted of abduction and intends to table amendments for Committee.

Microchipping is an essential tool in reuniting a dog or cat with its owner, and perhaps it should be mandatory instead of just encouraged. It is the only fail-safe method of ensuring that the right pet is reunited with the right owner. Many of the abducted pets will be extremely valuable and will have cost their owners thousands of pounds. Others may have been acquired from animal rescue centres. Whatever the case, the loss to the owner is first and foremost emotional and, secondly, about the cost of the pet.

The noble Lord, Lord Blencathra, raised the issue of exotic pets. As someone who at one time kept what could be classed as exotic pets, I look forward to how the noble Lord will include these species in the Bill.

The Bill quite rightly does not get into the muddy waters of who gets custody of a pet after a relationship breakdown. I support the view that this is a matter for adults to negotiate for themselves. Nor will I be drawn into whether the emotional value of a dog is more than that of a cat—the owner will love their pet for what it is, whether a dog or a cat.

I have a couple of queries. First, I am slightly concerned about cross-border issues. This legislation refers to England and Wales, but it would be easy for abducted pets to be taken over the border to Scotland. Is there likely to be an arrangement with Scotland on the repatriation of pets?

Secondly, the penalties for abduction are severe and include prison sentences. Is it likely that the severity of the sentence would be linked to the value of the cat or dog? If the purpose of altering legislation is so that the pet is treated as a sentient animal and not an inanimate piece of property, as in the Theft Act 1968, it would seem that the sentence of convicted abductors should be linked not to the monetary value of the pet but to the distress caused to both the pet and its owner. Does the Minister agree?

I fully support this Private Member’s Bill and look forward to it passing on to the statute book quickly.

Animal Welfare (Livestock Exports) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Lord de Clifford (CB)]

From the start of the passage of this Bill through the House, I have been in full support of its stated aims and the improvements it will bring to animal welfare in the farming sector. I thank the noble Baroness, Lady Hayman of Ullock, for her support for this amendment both in Committee and in the House today, and for her support and advice in helping me table my first amendment to any Bill in the House. I also express my sincere thanks to the Minister and his extensive team—from his office and Defra—for making time to meet me last week to discuss these amendments.

I still believe that this small amendment has merit, as it would provide future protection not just to animals currently listed in the Bill, but to all animals—such as cattle, horses, sheep, goats and pigs—from this unnecessary trade and long, arduous journeys to other countries. I acknowledge that the Government listened to the results of the initial consultation and to animal charities when preparing the list of animals that had been traded abroad for fattening and slaughter prior to us leaving the EU. This amendment seeks to provide a safety net for all animals in future, if a trade in animals such as rabbits, alpacas and deer were to start due to an opportunity being provided to some to increase income because of changes in society or the environment. In that case, the Minister of State could quickly stop that unnecessary and cruel trade, for the benefit of animal welfare, by extending the list of relevant livestock to include the relevant animal.

I took on board from our meeting the Minister’s enthusiasm to get this Bill on to the statute book as quickly as possible. If the Government supported this amendment, it would delay the passage of the Bill. Given current pressure on parliamentary time, an unwanted consequence might be that time is not found for the Bill to be reconsidered in the other place, resulting in it being lost. That is something I do not wish to see, as the Bill will improve conditions for many animals. I also note concerns about more delegated powers being granted to Ministers of State, which I understand is something we prefer not to do too often. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am conscious that we are on Report and should not, therefore, repeat speeches we have previously made. We are all aware that the whole thrust of the Bill is to prevent live animals experiencing long and distressing journeys to Europe to be fattened or slaughtered. The Bill is short and specific as to the types of animals within its remit.

The noble Lord, Lord de Clifford, has raised again the issue of extending the list of relevant livestock. As the Bill stands, there can be no extension of species: only those listed in Clause 1(4) are covered by the Bill. I believe this is short-sighted. Those of us involved in the passage of the Bill, both in this Chamber and the other place, are not able to anticipate what other species might become attractive for export for fattening or slaughter in future. During the debates at the various stages, other species have been mentioned by noble Lords. It seems sensible and humane for additional species to be added in future without the need for separate legislation to ensure this happens.

The two amendments from the noble Lord, Lord de Clifford, give the Secretary of State, Scottish Ministers and Welsh Ministers the power to amend the list of “relevant livestock”. This is not an outlandish request but a very sensible and pragmatic way forward.

I am aware of the shortage of legislative time for the Bill to pass. I am also mindful that making amendments means that it must return to the Commons, which would delay it getting on to the statute book. However, I also have the words of the noble Baroness, Lady Fookes, from earlier stages of the debate, ringing in my ears. She said that if it is not in the Bill, it will not happen. I subscribe to that view.

I strongly support these two amendments and am looking for reassurance from the Minister that there will be some flexibility in future to ensure that, if necessary, other species can be included in the Bill.

[Baroness Fookes (Con)]

My Lords, my name has already been mentioned in this regard and, like others who have spoken, I am fully in sympathy with and support of the thrust of the amendments before us. I worry, however, about what happens if we pass such an amendment and it has to go back to the Commons. I do not know how close we are to a general election, but it is all too easy for things to get lost, particularly when there are other major Bills—perhaps of more interest to others than to us—which might get much further ahead in the queue. Having waited 50 years for a Bill such as this to be passed, I am desperately anxious that it does not fall at the last hurdle. So, reluctantly, I would not wish to vote for this amendment, but my heart is there for it. It is simply a pragmatic reaction.

--- Later in debate ---

Moved by

[Baroness Bakewell of Hardington Mandeville]

2: After Clause 6, insert the following new Clause—
“Review of the impact on farmingWithin six months of the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a review of the impact of this Act on farming in Great Britain.”

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, following the debate in Committee and the Minister’s comments, I have retabled my amendment. The NFU, which represents the farming community, is concerned that the import of both live animals and carcasses of animals that have not been raised to the same welfare standards as pertained in the UK will undercut our own industrious farmers.

The issue of cheaper imports of live animals and carcasses for the food industry has been of constant concern to British farmers since the country voted to leave the EU. The benefit from the relaxation of rules and regulations promised as a result of Brexit has failed to materialise, and farmers are leaving their profession at an alarming rate. The quest for cheaper food at any cost is not a mantra that we should be signing up to as a country. Farming is not a job where you clock on at 8.30 am and clock off at 5.30 pm; it is a way of life, a vocation that involves a love of the land and growing crops and vegetables, and rearing quality livestock to high welfare standards to produce meat that consumers want to buy. The British public want to support our farmers. They do not want to see them undercut, disadvantaged and forced out of business by substandard imports.

The border control regime introduced recently is having an adverse effect on the food and farming communities. In my amendment, I ask that, six months after the Bill’s implementation, a review is undertaken to assess the effect of the measures in the Bill on our farming community. Coupled with the changes made with the rolling out of ELMS and the appalling weather we have suffered, there has been a detrimental impact on farmers. The Bill, which is so important for animal welfare and our country’s reputation for high standards for animal welfare, could be the last straw for many farmers. I urge the Government to agree to this amendment so that a review of the real state of the farming community can be carried out and action taken, if needed, to help support this vital element of our economy and landscape. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness, Lady Bakewell of Hardington Mandeville, on bringing forward this amendment. While I will not support it at a vote, for reasons that were rehearsed in the previous debate, I hope that my noble friend the Minister will look carefully at having a review of the impact on farming, for a number of reasons.

First, the noble Baroness referred to the importance of farming to rural areas and indeed the country as a whole. According to the figures prepared by the NFU for Second Reading, the United Kingdom is one of the largest livestock producers in Europe, with an industry that is worth £14.7 billion to the economy each year. Compared to the export of fresh and frozen meat, live export from GB is a small, but important, component of the sector. In 2020, the UK exported a total of 751 million live animals. As we know, now that there are effectively no border control posts in the EU, that trade is effectively not happening anymore.

In the letter that my noble friend very kindly sent to us following Second Reading, he states:

“The final destination for the vast majority of livestock exported for slaughter from Northern Ireland is the Republic of Ireland with around 1,800 cattle, 13,200 pigs and 352,000 sheep moved directly to slaughter in 2023”.


He went on:

“By comparison, only 11,000 sheep were exported for slaughter from Northern Ireland to continental Europe”.


He then states:

“There were no movements of livestock from Northern Ireland for slaughter or fattening to destinations beyond other parts of the UK and Europe”.


I take this opportunity to press my noble friend for any reassurance he can give the House that this is indeed the case. We debated this in Committee, and it was also debated in the other place. I am not convinced that the loophole does not remain. There is a possibility for even longer journeys than those that went through the channel ports, and that the category of animal covered by the Bill may be exported from the Republic of Ireland to the rest of the European Union.

My noble friend has always replied to questions from me and others about the reasons why there are no border control posts on continental Europe at this time. He quite rightly states that it is a matter of commercial interest for those ports. Surely my noble friend will agree that it is a matter of great commercial interest for those livestock producers who have spent generations investing heavily in the genetics of the breeding stock of the United Kingdom that, at this point, there is no possibility of exporting breeding stock for breeding purposes. I would like an assurance from my noble friend that this will resume at the earliest possible opportunity.

I would like to update the House on a briefing I have had from the NFU in this regard. This was at an earlier stage; there may have been further developments since then. The NFU states that there is a genuine will to establish a reciprocal route between Harwich and Hook of Holland. The Dutch port authorities, the NVWA, Stena Line and a commercial operator all want to press ahead. The NFU had heard that there was going to be a change in EU regulation that would allow an existing equine facility to be licensed and approved for ungulates, subject to the appropriate scheduling and protocols: full licensing and disinfection of the facility. I looked this up, and ungulates are mammals on the hoof, with which many noble Lords will be familiar.

The existing equine border control post in Hook of Holland has five stables and could accommodate consignments of about 10 cattle, 25 sheep or 25 pigs. If dual use is not possible, there is an unused area adjacent to the office area of the border control post that could be retrofitted with penning and a small handling system. If this was allowed to proceed, it would carry more weight to a modest border control post development at Harwich. I declare my interest in that I was the MEP for Harwich for 10 years, and I maintain an interest in the development of the port on a purely personal basis.

If that is the case, will my noble friend the Minister concede that it is now a matter of urgency to proceed with the creation of a border control post at Hook of Holland, where equine facilities could be converted in very short order? Will he use his and Defra’s good offices and lend their weight to such a proposal? I personally believe that it is unacceptable that this trade is not going on at the moment. It is clearly not a Brexit dividend and is really harming livestock production in this country. At Second Reading, the National Sheep Association informed us that, because of the lack of a border control post in the EU, most of the trade has simply not happened since we left the European Union. Therefore, the Bill is not necessary because it is not happening and it will not happen any time soon.

I conclude by pressing my noble friend on the figures and saying why I believe the noble Baroness, Lady Bakewell of Hardington Mandeville, is right to press for this amendment. The figures for food and live animals are simply not clear. On a cursory glance of the UK trade figures from the Office for National Statistics, we are told that currently EU imports to the UK are £3.2 billion—which means the EU remains the largest exporter to the UK —and imports from non-EU countries are £1.3 billion. I am sure the House will appreciate that it is not clear in the figures what are live imports and exports, and what are clean or dressed pig carcasses or other imports. Those figures could be more greatly clarified than is currently the case. It would be very helpful if my noble friend was able to share that information today. If not, it would be enormously interesting if he could write to us.

Finally, it is a note of enormous regret that, while we have banned—for very good reasons—battery cage egg and poultry production in this country, we are now harming our own producers by importing eggs and poultry from third countries to the tune of billions. That is a complete own goal, and I hope that the Government will address it at the earliest opportunity.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the noble Baronesses who have taken part in this short debate. I reassure the noble Baroness, Lady Bennett of Manor Castle, that were there a review of the impact of this Bill on the farming community, it would not be my wish that the exportation of live animals for slaughter or fattening should recommence—absolutely not. I am committed to the fact that the Bill will stop that happening; it is a revolting practice and causes a lot of animal suffering. I am absolutely clear about that.

My concern is about the impact of the continuing changes that are going on around farmers and their cumulative effect on them. I thank the Minister for his response and his reassurances. I sincerely hope that he is right that the impact on farmers will be minimal. Farmers are continually undermined on all fronts, in some cases by the import of cheaper produce that is not produced to the same standard as our own British farmers’ produce—the Minister referred to this.

I am grateful to the noble Baroness, Lady McIntosh of Pickering, for raising the issue of labelling. I would be grateful if the Minister could copy me into whatever response he gives to her, because it is important that when the consumer buys something they know whether or not it is from an animal that has been reared to the same standards as our own. In the meantime, I beg leave to withdraw my amendment.

Amendment 2 withdrawn.

Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) (No. 2) Regulations 2024

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 7th May 2024 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction and for his time, and that of his officials, in providing a briefing on this statutory instrument.

When reading through the Explanatory Memorandum and the SI itself, I was confused about what exactly was expected of both commercial fisheries and recreational fishers. I am delighted that Atlantic tuna stocks have increased to such an extent that the UK is now in a position to be allocated quota for the fishing of tuna to begin once again.

Of the quota currently allocated to the UK as a whole by the international commission, as the Minister has said, 39 tonnes is for commercial fisheries, 16 tonnes is for recreational fishers and 10 tonnes is for research purposes. Commercial fisheries will apply for a licence and recreational fishers for a permit. Whatever is caught has be measured, weighed and recorded. The commercial fisheries will get to land their catch and send it to be sold and the recreational fishers will have to throw their catch back, live if at all possible, under the CHART programme and ICCAT requirements. I understand that, for a recreational fisher, the skill of the man or woman against the guile of the fish is a great part of the experience, but it seems to me that not to be able to land your catch at all, even though you have a permit, is likely to discourage rather than encourage applying for a permit in the first place.

My only concern with this SI is the enforcement of the quota against the fish caught and landed. The restrictions are strict on how this should happen. It will be easy for enforcement authorities to see who has a commercial licence, and thus be alerted to a commercial vessel fishing for bluefin tuna without a licence and so take action. On the recreational front, I think this will be more difficult: the fisher with a permit is likely to be indistinguishable at sea from the fisher with no permit. The fisher with no permit may also be fishing for other fish and hiding their tuna catch among that fish, and certainly not throwing the tuna back.

Extensive consultation took place on this SI and the previous one we debated in February. I have read this and understand that the consultation was positive, for the greater part, and welcomed the introduction of the quota and the way in which it was to be monitored. However, I would be grateful if the Minister could say how the bluefin tuna fish quotas are to be policed. Are there sufficient personnel to carry out effective monitoring of this new fishing quota, and will this be carried out by the MMO?

I understand that the main concentration of UK bluefin tuna is around Scarborough, Scotland and Ireland, and obviously around Wales as well if the Welsh are considering applying for a quota. This should help with the policing. However, it is likely that some fishers and charter boats will try their luck outside these areas. How are the other areas to be policed?

The Minister indicated that once the quota limit has been reached, fishing for bluefin tuna will cease for that year. Since the monitoring of what is caught and landed appears to be very tight, it should be easy to ascertain when the quota limit has been reached, but this will not take account of any illegal fishing that has taken place. Can the Minister give reassurances on this matter?

I am delighted that tuna stocks have recovered to such an extent that the UK is now eligible for quota allocation. However, it will be essential for the catch to be strictly monitored against the quota in order to prevent overfishing in the future. I have to say that I am very concerned by the remarks from the noble Lord, Lord Berkeley, about the banning of fishing for pollock. I look forward to the Minister’s response to his questions.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for his thorough introduction to this SI. He talked about bluefin tuna or, as they are known in the SI, BFT, which means I can think of them only as the “Big Friendly Tuna”. They were pushed to the brink of extinction because of overfishing, so it is really welcome that the fish have returned to UK waters over the past decade and that populations are recovering in other areas such as the Mediterranean, as noble Lords have referred to.

I want to look at just a few bits. Paragraph 7.10 of the Explanatory Memorandum outlines that

“Defra intends to open a BFT CRRF”—

I have not decided what else CRRF could be, but there are a lot of acronyms in the Explanatory Memorandum. The maximum scale of the CRRF is to do with the availability of the quota. We heard in the Minister’s introduction and in noble Lords’ comments about the implications of that quota in the long term, not just as it is set now.

I was also interested to see in paragraph 10.3 that there was a fairly thorough consultation between July and September 2023. Paragraph 10.3 outlines a number of ways in which the scheme has been revised following the consultation. One of the things I wanted to pick up on, and I will come back to, is the reasons why the introduction of permit charges was delayed.

One of the responses to this announcement was from the leader of the Blue Marine Foundation, Charles Clover—I am sure the Minister knows this. Charles Clover said he is anxious that

“we are just starting off a cycle of commercial fishing far too early in its recovery which we cannot control. We are creating a new commercial interest in fishing bluefin which will need close scrutiny. Realistically, the survival of the bluefin now will be about setting quotas strictly within scientific advice”.

Clearly, we all want this to work. Can the Minister say something regarding Charles Clover’s concerns? On the face of it, the quota that has been brought in by Defra looks absolutely fine, and we support the SI, but, having looked at the Blue Marine Foundation’s comments, I ask the Minister: how will the quota be kept under review? Will Defra be prepared to make significant changes if the data suggests that any changes are needed? How would that come into play?

On that point, I want to look at what my noble friend Lord Berkeley said about pollock. Again, this is about the accuracy of quotas, when this is reviewed, how it is implemented and the impacts on the fishing industry. It is often very small boats that rely on this for their living.

To come back to the postponement of the introduction of permits, the Explanatory Memorandum says that

“the introduction of charges for permits has been postponed, to allow time for further work to confirm the scope and scale of such charges, as well as how any charging income would be used”.

Questions were asked about the delay in charging for permits when this SI was debated in the other place. The Minister responded that permits would ensure that

“the whole industry will be conducted responsibly, with the best welfare in mind”,—[Official Report, Commons, Fourth Delegated Legislation Committee, 24/4/24; col. 8.]

which obviously we support, but it would be useful to have a bit more information as to the timescales for this, what is likely to happen and what it is likely to look like when it comes in. What does “further work” mean? What kind of work is being carried out? It would be useful to know. Having said that, we are supportive of this. It is good for the industry and for coastal communities, and it is great that we have tuna back.

I hope the Minister will forgive me, because I know this is not what the SI is about, but I want briefly to raise concerns about the salmon farming industry, following a story I read in the media this morning. Official figures from the Scottish Government suggest that farmed salmon mortality hit record levels last year, with over 17 million deaths. There has been increased incidence of mass mortality events in farms elsewhere in the world. We know that these mass die-offs are believed to include sea lice infestations and environmental stressors, such as poor oxygen levels in water, with overpopulation of pens exacerbating the problems.

I was concerned about Defra’s decision to allow Salmon Scotland’s application to change the protected name wording on the front packaging from “Scottish farmed salmon” to “Scottish salmon”, as I think that is pretty misleading. That change is also not supported by Animal Equality UK and WildFish, which say that, as well as being misleading, it breaches assimilated EU Regulation 1151/2012—the Minister may want to write that down—on quality schemes for agricultural products and foodstuffs. I am aware that this is outside the scope and subject of this SI, and I apologise to the Minister for being a little cheeky, but I know that he has a particular interest in and knowledge of this area, so I would be grateful if he could look into this.