Animal Welfare (Sentience) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Earl, Lord Caithness, and to take part in this wide-ranging debate. I thank the Minister for his briefing and his introduction to this short but extremely important Bill, which ensures that animal sentience remains enshrined in law following our exit from the EU.

The recognition of animal sentience is not in dispute, as it has long been established that animals are sentient beings. Like us, they are capable of feeling pain, hunger, distress, pleasure and a sense of well-being and safety. All policies involving animals should take this into account. The noble Baroness, Lady Hodgson of Abinger, spoke eloquently on these aspects of sentience.

There is some discussion whether the categories covered in this Bill should be extended to include not only vertebrates but invertebrates, and there is provision in the Bill for this. We have heard the case for cephalopods, or octopi and squid, and decapod crustaceans—crabs and lobsters. As we are debating this inclusion so early in the passage of the Bill, it seems sensible for this to be included in it and not left to be dealt with later under statutory instruments. Can the Minister say whether the Secretary of State is open to such an amendment at this stage?

It is vital that the animal sentience committee, or ASC, can operate with sufficient resources and authority to make a real difference. Many of your Lordships have referred to this. A proper budget and secretariat will ensure that the ASC operates to public expectations. The financial support for this committee should not be an afterthought in either Defra or the Treasury’s financial planning—it should be central. The noble Baroness, Lady Young of Old Scone, referred to this.

Like others, I have received several briefings from animal welfare organisations, raising concerns about not only the membership of the ASC but its funding and the weight attached to its work across all government departments. While I am concerned about these issues, I am also anxious that the work of the committee and its ultimate aims should not get bogged down in judicial review. It is important to produce a Bill that is fit for purpose but does not provide loopholes which would end up in JR.

The ASC membership should, of course, contain relevant expertise. I received one briefing from a conglomerate/confederation of 51 animal charities and lobbies; it will clearly be difficult for the Government to please everybody in the membership of this committee. What is its size likely to be? The noble Baroness, Lady McIntosh, also asked questions around this. Clearly, the larger it is, the more cumbersome it will become and the longer it will take for it to complete its work on various pieces of legislation and policy, but it must be large enough to have sufficient representation from experts across a number of fields. Business interests will need to be included; we are already seeing concern over the free trade deal with Australia around the welfare of animals raised there very differently to how animals are raised in the UK. Essential membership should include representation from experts in wild, domestic and farm animals, as well as those that live in the sea.

I turn briefly to tenure. How long will the term of office be for the chair and members of the ASC, once appointed by the Secretary of State? Given the number of interested charities and organisations involved in animal welfare, a healthy turnover of representatives may provide reassurance.

The essentials to inspire confidence in the ASC’s deliberations and outcomes will not necessarily come from the number of representatives, nor just who or which organisations are represented on the committee. Instead, confidence will come from ensuring a wide range of expertise among the membership. It will come from complete transparency around the recruitment process and in all the workings of the committee.

The ASC will need to be accountable for its work to Parliament. This is especially important as it will cover policy across all government departments outside Defra. The ASC will need autonomy and independence, reporting on a yearly basis to Parliament, giving the Secretary of State three months to respond. Part of the reporting process should involve impact assessments of the various policies on the animals concerned.

Other Peers have referred to the need for an animal welfare strategy. This appears to be an essential part of the ASC’s work, and its absence perhaps an oversight. Can the Minister give reasons why there is no mention of such a strategy?

The noble Lord, Lord Trees, has raised the instances in the Bill where “may” is included. This seems to me a rather weak term which could easily be ignored. There are likely to be amendments in Committee to strength the legal provisions of the Bill. This should ensure that, as a suite of Bills under the Action Plan for Animal Welfare, the Animal Sentience Bill plays its full part in protecting animals.

The noble Baroness, Lady Jones of Moulsecoomb, suggested that the Bill is a publicity exercise. I hope the Minister will be able to reassure us that this is not the case: that the Bill will have legal status and make a difference.

The animal welfare plan makes it clear that there are very different categories of animals and that, therefore, different strategies are needed for dealing with their welfare. For instance, the duty to a farmed deer would be different from the duty to a wild deer. Both are the same species and sentient, but their lifestyles are very different. Flexibility in dealing with all animals will be key. The noble Lord, Lord Herbert, attempted to make this point when speaking on animal rights.

The Government will need to create clear duties and powers for the ASC to ensure that all relevant polices are considered. The avoidance of harm to animals is important, but so is the enhancement of the lives of animals. This aspect should be part of the remit of the ASC, as well as being proactive in its research and work, not just reactive. The noble Baroness, Lady Fookes, referred to this.

I do not subscribe to the view that the ASC should be a sub-committee of the current Animal Welfare Committee. It should be a stand-alone committee in order to have proper influence. I do, however, agree with the comments of the noble Baroness, Lady Mallalieu, on the wild animals in circuses Bill, which was a Bill to deal with just 22 specific animals, all bred in captivity.

I welcome the Bill and have learnt much from the debate this afternoon, which I have thoroughly enjoyed, especially the speech from the noble Earl, Lord Erroll. I declare myself a complete addict as described by the noble Lord, Lord Robathan. However, I look forward to the Minister’s response and to working with others during Committee on this important Bill, which I do not believe is about bossing Parliament about.

Agri-environment Schemes: Permissive Access

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 27th May 2021 Lords Chamber

[Lord Benyon (Con)]

I can assure my noble friend that this is being addressed outside environmental land management. We are bringing forward legislation this year to streamline the process of recording and changing rights of way. Under environmental land management schemes, it will be possible to find permissive routes that are more attractive to walkers and are mutually beneficial to the landowner and farmer as well.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I pay tribute to my colleague Lord Greaves, who in the past would have spoken on this Question. Following on from the question of the noble Earl, Lord Shrewsbury, it is important for the public to have access to the countryside. However, in order to achieve the aim of ELMS to encourage the return of insect and animal species, especially around field margins, which have already been referred to, does the Minister believe that rights of way may need to be constrained?

[Lord Benyon (Con)]

I echo the noble Baroness’s tribute to Lord Greaves. Alongside the crisis of species decline, a crisis of lack of engagement with nature by large proportions of the public is of equal concern to me and to this Government. I do not believe they are mutually exclusive; I think we can find an increased permissive paths system which does not compromise the desperate desire to find improved habitats for vertebrates, insects and wider species. So I can only assure her that we are looking at this as part of the tests and trials process.

Pesticides

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 25th May 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, following on from the question of the noble Lord, Lord Whitty, scientific evidence moves on at pace, as does the use of pesticides. Those of us in rural areas are not always aware of when spraying is taking place and the smell of DDT no longer alerts us. There is, however, a crucial link between air quality and chemical pollution, which affects both human health and the environment. Does the Minister believe that now is the time to strengthen integrated pest management to protect both humans and pollinators?

[Lord Benyon (Con)]

When our national action plan is published later this summer, the noble Baroness will, I hope, be able to see that we are looking very carefully at making sure all these matters are considered. Integrated pest management is a way forward and she is right to raise the matter of technology. There are some really exciting new processes emanating from our own institutions in this country, which see sprays applied to one particular plant and not the one next to it by using incredible new research from our universities. I hope that everything is moving in the right direction; the reduction in recent years is welcome. Our rules are strict and further conditions will be applied as necessary.

Environmental Land Management Schemes

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 24th May 2021 Lords Chamber

[Lord Benyon (Con)]

My Lords, we recognise that our changes will be challenging for some farmers. I know that Exmoor farmers, in particular, are close to the noble Baroness’s heart. The scheme that we have introduced will provide funding so that farmers can access support provided by organisations with relevant experience which are already known and trusted in the farming community. The scheme will focus on assisting farmers to make the right decisions for themselves, their families and their business through effective discussion and planning. I hope that we can keep that in clear English.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I, too, welcome the noble Lord, Lord Benyon, to his first outing at Oral Questions and look forward to working with him. There has been publicity around payments to elderly farmers to encourage them to retire but little about the encouragement being offered to younger people to enter farming. Can the Minister say how many farmers have applied for the grant to retire and how many new entrants have come forward?

Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister and his officials for their time in providing a briefing yesterday morning, and for his introduction this afternoon. This is a fairly straightforward SI, which attempts to level up the playing field around importation of plant and plant products into the UK from across a wide spectrum of countries. It uses the same fee-charging basis to countries inside the EU, Switzerland and Liechtenstein, as currently applies to the rest of the world. As I understand it the fees may change slightly, but the methodology of calculating the fees will remain the same across GB and be based on the full recovery cost.

The fees in the schedules are extensive, ranging from £205 down to £6.40 for some seeds, per consignment. Yesterday morning, after the briefing with the Minister, I attended the launch of the Woodland Trust’s report, State of the UK’s Woods and Trees 2021. This provided some very stark detail about the state of our ancient woodlands and the wildlife that currently lives in them. Only 7% of our woodlands are in good condition, a devastating statistic given the role of woodlands in carbon stores and carbon sequestration. Many of our native trees have been lost through the importation of pests and diseases carried on imported plants and plant products.

Although woodland cover has increased, woodland biodiversity has decreased. Bird numbers are down by 29% since 1970, butterflies by 41% since 1990, and plants by 18% since 2015. Since 1990, 19 pests and diseases have been introduced into the country, threatening our biodiversity, compared with only four prior to 1990. The certification of trees, plants and plant products that come into the country is essential. Ash dieback arrived with us from the Netherlands. Xylella is also an extremely dangerous disease, which we must ensure we keep under control and prevent further importation, especially of oak saplings.

The gradual introduction of fees for health checks is to be welcomed to enable businesses to plan ahead and prosper. However, the various dates are confusing. The checks for high-risk products began on 1 January. This includes 1,200 entries on the plant risk register, including tree species. Lower-risk plant checking will begin in June 2021. However, fees will not be implemented until March 2022. I am slightly less concerned about low-risk plants, but I am very concerned about high-risk plants and trees.

At paragraph 3.3 of the Explanatory Memorandum there is mention of the devolved Administrations, and paragraph 7.7 indicates:

“Similar changes are to be introduced by the Scottish and Welsh governments.”


Can the Minister tell us whether the devolved Administrations have similarly been checking high-risk plant products since January or whether they are lagging behind? If no checks are currently taking place, a product could enter the country via Scotland or Wales without checking and then be transported into England, especially if the fees being charged are cheaper in the devolved Administrations than those being administered in England. I understand that some imports come through the island of Ireland and then into Wales. There is a possibility of some checking being avoided. Can the Minister provide reassurance?

I am concerned about the impact of costs to horticulture and other businesses of these additional fees. The noble Baroness, Lady McIntosh of Pickering, raised this as well. Although no fees will be applied until March 2022, the fees will be refreshed in October 2022, with an assessment being made of the full-cost recovery figures. At this stage there could be an uplift, which the importers, especially of seeds, might not be expecting. This could be excessive for them. Can the Minister comment on this?

This is a vital piece of legislation that should ensure the protection of our native-grown plants and trees. It should be rigorously enforced, and I fully support it.

Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 22nd March 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for his time, and that of his officials, in providing a briefing on these two instruments, and for his introduction. I regret that I am not able to be in the Chamber, due to underlying health conditions, but do not apologise to the noble Earl, Lord Caithness.

The first SI deals with this year’s reductions in direct payments for England only. I understand that there will be future, annual SIs to cover each year’s payment reductions. The noble Lord, Lord Rooker, referred to this, and to having the information sooner rather than later. Farming is not a short-term function. Paragraph 7.5 of the Explanatory Memorandum refers to the abolition of the 5% reduction for payments over €150,000. The SI itself, in the table under paragraph (3), refers to amounts above £150,000 being reduced by 25% and then, in paragraph 7.3, refers to substituting 25% for 17.5%. I understand that this relates to the young farmers payments, but would be grateful if the Minister could provide some clarity on this issue.

The simplified processing of applications of cross-border farmers who have land in England and other parts of the UK, is to be welcomed. This should make everything easier and simpler. Can the Minister give reassurance that the devolved Administrations are completely on board with this aspect? The noble Baroness, Lady McIntosh of Pickering, referred to this matter. The simplifications and flexibility on rules and inspections are also welcomed, but this may lead to some confusion among farmers. The noble Earl, Lord Devon, referred to notice of inspections. Again, can the Minister provide some clarity over this?

The second SI, on agriculture financial assistance, deals with four schemes, as has already been said: ELMS, the tree health pilot, the Countryside Stewardship scheme and the farming investment fund. ELMS has been the subject of ongoing pilots and we now appear to be in a position to ask for expressions of interest. The process will continue in June, when eligibility will be checked. Can the Minister say whether this is extended to tenant farmers or is the scheme open only to landowners? It is important to restructure payment to smaller farmers, as the noble Baroness, Lady Bennett, indicated.

The tree health pilot is ahead of a three-year pilot which will be launched in the spring and summer. If I understand it correctly, it will monitor and cut down diseased trees and ensure that we have the right trees in the right places. That sounds sensible. However, given that trees take an age to reach maturity and often grow because of seed dispersal by birds, animals, and the wind, I am somewhat concerned that if it is discovered that a tree has grown in the wrong place, it may be felled. I realise this is only a short pilot, but I am worried about the impact of this scheme.

It is not clear just how finance will be allocated to those taking part in the initial pilot or the following three-year pilot. Can the Minister confirm that the tree health pilot is likely to be funded from the Forestry Commission and give some indication of just how the funding for this scheme will be allocated, and against what criteria?

The Countryside Stewardship scheme is a transition from the EU schemes and the move towards ELMS—other noble Lords referred to this. I welcome the fact that this allows farmers to exit the EU scheme as and when they are accepted on to ELMS. However, what will happen to those who are not accepted on to ELMS and fail the eligibility test?

The farming investment fund allows farmers to apply for grants for equipment and new technology and receive support from a specified list. How does a supplier of equipment and technology get on to this specified list? What happens if a farmer requires a grant for investment but for something which is not on the list? Does the UK infrastructure bank have a role in assisting farmers to modernise their farms to help them meet the Government’s environmental agenda?

The Explanatory Memorandum refers in the fourth bullet point of paragraph 6.1 to the discretion of the Secretary of State over matters of non-compliance. It is welcome that a more flexible approach is being taken but this could lead to some confusion for farmers. Can the Minister give some clarity over the three-stage process for appeals on non-compliance, which other Peers referred to? The Explanatory Memorandum refers to agreement holders having to keep records and provide certain information. Does this mean less paperwork for farmers or will it result in more?

I was disappointed that the consultation on the changes in this SI was directed only at a limited number of stakeholders and ran between 4 August and 1 September last year. This was a very short period and the stakeholders have flagged up several concerns and questions in the Explanatory Memorandum.

There is a lot of change in this very short SI, and this will have implications not only for farmers but for the Rural Payments Agency. The RPA has not had a wonderful reputation in the past and I wonder whether it will cope. Does the Minister feel that there is sufficient capacity in the RPA for these changes to be effected smoothly and without a detrimental impact on farmers? The noble Lord, Lord Rooker, referred to that.

Lastly, I completely agree with the noble Lord, Lord Berkeley of Knighton, on thoughtless waste and littering. It really is time for much stricter penalties in this area.

Food Prices: Agricultural Policy

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, noble Lords will remember, and as I have said, Section 1(4) of the Agriculture Act is precisely to ensure that financial assistance schemes are within that context, and it is the duty of the Secretary of State to consider food production. Our purpose is to ensure that there is healthy food for all to eat at affordable prices.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Government’s ambitious plans to move farmers from direct farm payments to a system whereby they manage their whole business differently to deliver profitable food production and the recovery of nature must be a step in the right direction. However, as other noble Lords have said, we are currently seeing the queues at food banks increasing as people struggle to feed their families. Surely food prices are likely to rise and increase the cost of food for those on low incomes. The Government say they have strategies to deal with this but give no details. Can the Minister give some detail on how feeding those on low incomes will actually happen?

[Lord Gardiner of Kimble (Con) [V]]

There are two points. In the last year, food prices have fallen by 0.8% and, as I mentioned, there is the £280 billion of support. Obviously with a successful economy, recovery from Covid and more people returning to work, matters will improve. There will always be a safety net and that is why I mentioned that £280 billion has gone towards supporting the vulnerable.

EU: Fishing Industry Negotiations

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 4th March 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, again, I am interested in what the noble Lord has said because my experience, certainly at Fisheries Councils, is of strong collaboration between all the devolved Administrations. The Secretary of State has had regular dialogue with Fergus Ewing and that will continue, because we have a mutual interest in advancing the export and domestic consumption of excellent products from both Scotland and the rest of the United Kingdom.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, there is a balance to be struck between a thriving fishing industry and the conservation of fish stocks. The network of marine protected areas is at risk. Information from Greenpeace shows that destructive fishing boats spend hundreds of hours fishing inside places that are meant to be protected. While I do not condone the actions of Greenpeace, it is true that bottom trawlers and scallop dredgers are ripping up protected seabeds with impunity. What are the Government doing to correct this?

[Lord Gardiner of Kimble (Con) [V]]

We are ensuring through our sustainability objectives that all of the marine environment in the UK system is protected. That is what we intend to do, and that is why there were deliberations on the now enacted Fisheries Bill. We will be working on ensuring an improvement in our marine ecosystem.

Fishing Sector and Coastal Communities

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 25th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, we had many deliberations on sustainability during the passage of the Fisheries Bill. It is absolutely at the heart of the legislation, which is why we believe that there is compatibility between sustainable fishing and modernising and rejuvenating our fishing sector with new technology, new nets, REM and all the things we want to do. This is an important source of food, but the harvest needs to be sustainable.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, coastal and fishing communities are suffering extreme economic decline due to Covid. The Prime Minister’s exit road map will help tourist communities, but not as quickly as they would like. However, fisher men and women are in the depths of despair, as has already been said. They were promised prosperity but have received a slap in the face—especially shell fisheries. The Minister has given various figures on support, but how will this affect individual fisheries, especially in Cornwall?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, the recent announcements are UK-wide. We want all coastal communities across the United Kingdom to benefit from these schemes and funds. We think that there is a strong future for the communities. They will command a lot of public support in terms of fiscal support, as I have described, and I am far more confident than I think the noble Baroness is portraying. There are difficulties, and we need to overcome them and advance.

UK Shellfish Exports

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 9th February 2021 Lords Chamber

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

[Inaudible]—to Commissioner Kyriakides, because we want to restore the trade in undepurated live bivalve molluscs. That is the issue here. We think that the interpretation that the Commission has come to is not correct, and we wish to have discussions with the Commission about it. A 25% uplift in fishing opportunities is an important part of the trade and co-operation agreement, and we will be working on that. As the Government have announced, not only is there a £23 million fund for those who have been in difficulty in these early stages but we will invest in a £100 million fund for fishing over the next three years. There is a lot of promise and a lot of opportunity for British fishing interests and the shellfish industry as well.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is unfortunate for the Government that the BBC is currently screening its series on the Cornwall fishing industry, filmed last year. All see the dramatic effect on the Cornish crab industry of the withdrawal of the Chinese market, and now the EU is refusing to take its shellfish, which was previously acceptable. The Statement says that scallops are less affected than other bivalve molluscs. This is not the impression that I am gaining from the television coverage of the scallop fisheries in Scotland. However, can the Minister explain what the exact problem is with the class B waters around Wales and the south-west? If these waters were acceptable before 3 February, why not afterwards?

[Lord Gardiner of Kimble (Con) [V]]

The noble Baroness has hit on why we wish to have discussions with the Commission. It interprets the matter as being one of public health. The point is that all molluscs exported from class B waters have to be depurated. That is undertaken by businesses near to the market on the continent, and it is on that we are seeking redress. The Commission made it clear in September 2019—and I can put copies of the correspondence in the House Library along with the letter to the Commissioner—that molluscs exported for purification can be certified. We therefore think that there is an issue that we need to clarify.