Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 24th June 2020 Lords Chamber

[Lord Naseby (Con) [V]]

My Lords, I want to raise questions about two amendments. The first concerns the change of name. My understanding is that all official notices in Wales appear in Gaelic, if that is the right word, and English. That is certainly true for road signs, the names of towns and many other things in Wales. While it is entirely proper that the devolved Welsh Government can change their name to Senedd Cymru, I would have thought that after the term is used, there should be in brackets the words “National Assembly for Wales”. Perhaps the Minister would come back on that point.

Amendment 24 refers to leaving out “a calendar year” and inserting

“such year or other period as may be specified.”

Most UK statistics are collected on a calendar year basis, although other statistics may be calculated on another basis. One would need to know the calendar year as well as whatever may be the other period “as may be specified”. Otherwise, when people are reviewing or researching to draw comparability, certainly with other countries, we may find ourselves in some difficulty.

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

My Lords, I thank the Minister for setting out this extensive list of government amendments. Fifteen relate to the change of name from the “National Assembly of Wales” to “Senedd Cymru”. These amendments do not affect the implementation of the Bill, but they recognise the Assembly’s renaming of both itself and its iconic building.

Six amendments, beginning with Amendment 24, allow the Secretary of State to change the period for fishing opportunities from a calendar year to an indefinite period. A further four amendments cover the same topic, but two of them refer to the English quota for a calendar year and two to the Welsh quota per calendar year. I have listened to the Minister’s reasons for this, but I am still not clear whether this will be a good thing. As the noble Baroness, Lady McIntosh, has asked, can he confirm that scientific information will be used in the determination for changing the period?

Amendment 27 refers to British fishing boats and quotas. I am grateful to the Minister for his explanation, because I am afraid that the amendment is somewhat opaque. However, I note that Clause 23(10) refers to the provisions in subsection (8) being subject to a negative resolution. Will Amendment 27 be subject to a negative or an affirmative resolution?

Amendment 33 refers to catch quotas and attempts to ensure that they will not be exceeded, but it does nothing for the bycatch, which presumably will be landed and dealt with through other processes. As the noble Baroness, Lady McIntosh, put it so eloquently, there is a real issue with overfishing.

Amendments 50 and 55 deal with the replacement of Schedule 10. As the noble Baroness, Lady Young, pointed out, this is an extensive amendment and I regret that this matter was not brought forward in Committee so that we could have had a reasonable debate on the issues covered here. However, we have more amendments before us, so at this point I will not bore your Lordships by dissecting this new schedule. We will have to trust that the Government, in moving the EU retained legislation into UK law, will ensure that that does not result in the production of myriad statutory instruments in the near future.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for setting out the explanation for this raft of amendments. I should say at the outset that, as a proud Welsh girl, I am strongly support the change of name by the Welsh Government to Senedd Cymru and I am very pleased to see that reflected in this legislation.

I turn now to new Schedule 10. I am grateful to the Minister for writing to us in advance to explain why this new schedule was felt to be necessary, and he has again explained a little about that today. As he said, it was originally intended to be a separate SI. However, like the noble Baroness, Lady Bakewell, I am slightly concerned that we will not really be able to give it the scrutiny that we would have applied had it come to us separately. As ever, the danger is in the detail, as we have discovered in our previous scrutiny of SIs.

While we cannot go into the detail of the schedule today, I have some general questions. First, paragraph 6(3) amends Article 3 of the North Sea multiannual plan by taking out the reference to MSY in the objectives, while paragraph 6(4) changes the basis on which the data for informing MSY should be calculated. Instead of the established route of basing the data on ICES advice, the Government have introduced the option of using another independent organisation. We have previously debated the merits and, indeed, the calculations of MSY and we will return to this issue later when we debate the amendment tabled by the noble Lord, Lord Krebs. I do not want to rehearse that debate now, but there has to be a concern about the watering down of the MSY objective and the deviation from ICES advice, which is the respected international scientific adviser on fisheries. Can the Minister explain why this wording is being changed?

Secondly, I want to ask about the change to paragraph 6(7) which amends Article 7 of the plan. Why have the Government taken out the word “or” from the previous obligation to take all appropriate conservation measures if stocks fall below sustainable levels? This is a small but significant change in the context of the Bill and it could have a big impact. Moreover, once again it raises our concern that the Government are not serious about delivering environmental sustainability. Why has this deletion been felt to be necessary?

Thirdly, I echo my noble friend Lady Young in asking about the consequence of our sustainability amendment. What are the consequences as a result of this new schedule? If the amendment survives, as I hope it will, would that mean that this schedule has to be changed again?

Finally, I should like to ask the Minister whether these modifications come under the delegated powers in the Bill. Given that we have not had much time to scrutinise them and that we know from our consideration of previous EU exit SIs that mistakes are often made which need to be corrected, how can the Government amend or add to them in the future now that they form part of this primary legislation? I look forward to his response.

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[Baroness McIntosh of Pickering [V]]

My Lords, I am minded to support this amendment, as it addresses an issue I have raised ever since we had the informal briefing with the then Minister for Fisheries, now Secretary of State for Environment, Food and Rural Affairs. I am slightly concerned because, in spite of what we hear about various schemes for new entrants, I have not identified a great rush for new entrants over and above what the current provisions allow. I raised this at the informal briefing and was given an assurance on it; currently the under-10 fishermen—I had the privilege of working with them most recently in Filey, but also in other parts of the country—rely very heavily on shellfish, but, as was said previously, are given scraps of other whitefish under the table through the very complicated system of top-slicing discards which are then gathered into a pool from which the under-10s can benefit.

We were led to believe in the informal briefing that an official mechanism would be put in place to ensure a stricter, clearer, more transparent situation in which the under-10s would benefit from any remaining quota on an annual basis. My noble friend the Minister may well be able to put my mind at rest here, that that provision is somewhere and I am not immediately seeing it, but that promise was made and I invoke it here: that under the provisions of this Bill, under-10s will benefit from a higher and more regular quota going forward.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, like all industries, a vibrant fishing industry relies on a rotating workforce. Many families around our coastlines have been engaged in fishing for generations. Sons and occasionally daughters learn from their fathers and become part of the team. However, as we have heard, it is becoming increasingly difficult for new entrants and the under-10s to get a toehold in the industry and an allocation of quota to get started. The noble Lord, Lord Cameron, also pressed the case for fresh young blood in the fishing industry. The examples of Denmark and the Shetland Islands prove that it is possible to encourage new entrants.

For new entrants to feel confident that they can make a living out of fishing and for the under-10s to be able to put a roof over their heads in the much sought-after properties around fishing ports, quota will need to be reserved and increased to be allocated to this vital sector. The noble Lord, Lord Mann, asked whether the Government are happy for the profits of fishing to go to pension funds and shareholders or whether they want to support our coastal communities and young people waiting to move into fishing.

The noble Lord, Lord Grantchester, said in his introduction that this is a minor amendment for England only. When making amendments, the Secretary of State would consider the previous three years’ quota; it would provide a degree of certainty to new entrants and the under-10s. Fisheries plans should consider historic catch. The noble Lord, Lord Krebs, gave a graphic description of how the monthly quota system disadvantages the under-10 fleet. It is time for a change.

My noble friend Lord Teverson spoke about protecting our coastal communities. This amendment allows that to happen. Putting all our eggs—or fish—into the one basket of larger fishing vessels does nothing for our coastal communities. The noble Lord, Lord Hain, has drawn attention to the shellfish fisheries around our shores. These are largely small vessels, and most of their catch is sold to EU countries. He gave an excellent synopsis of how the Bill is likely to play out if no deal is agreed on Brexit.

If the fishing industry is to survive, it must be vibrant and have new entrants. The under-10 fleet must be a consideration in quota distribution and not be fobbed off with the scraps left by the deep-sea fishing fleet. I could not follow the logic of the arguments of the noble Earl, Lord Caithness; there will be no rush of new entrants unless they can be assured of receiving a quota to live on. I look forward to the Minister’s response, but if it is not sufficient, I will join others in the virtual Lobby.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lord for his amendment, which seeks to ensure that, before making a UK determination, the Secretary of State must reserve a minimum quota in England for new entrants into the sector and for boats whose length is of 10 metres or less, commonly referred to as the under-10-metre pool.

The Government recognise the importance of encouraging new entrants into the fishing industry and are working on how best to work with industry to encourage new entrants as part of our future fisheries management regime when the transition period ends. I am particularly mindful of what the noble Lords, Lord Teverson, Lord Cameron of Dillington and Lord Krebs, said about this and of their experience in their Select Committee work.

We understand that the amendment is to be targeted at crew members who may wish to purchase their own boat or become a skipper. The Government recognise that if we want our fishing industry to flourish, we need it to be capable of regenerating and maintaining a succeeding generation of skilled and experienced skippers and crews. I think that is exactly what the noble Baroness, Lady Bakewell of Hardington Mandeville, was referring to.

However, it is important to understand that the challenge of encouraging new entrants is not just about the availability of quota. Depending on what they need to catch, new entrants may not even need quota, as not all species are covered by the quota system. This includes what in normal times are profitable species, such as shellfish, which were mentioned by the noble Lord, Lord Hain. While a quota may not always help, these new entrants would need capital investment to meet the costs of vessels and fishing gear. They would also have to secure a fishing licence, the numbers of which are limited as we must manage fleet capacity in tandem with managing quota and effort. We acknowledge that getting investment and securing a licence are significant challenges, and holding back a minimum share of quota would not help to overcome these. That is why, to answer the noble Lord, Lord Grantchester, Clause 33(1)(f) provides the powers to fund training for those who intend to become involved in commercial fishing or aquaculture activities. Obviously, that is important.

However, we must also remember that not all crew entrants are the same. The term “new entrants” can mean very different categories of people. In the industry, it refers not only to new boat owners, but also to new crew members for existing boats. These new entrants clearly do no need quota to enter the industry. Instead, they need training and encouragement to embark upon a career in fishing as an attractive and stable industry. Therefore, I want to spend a little time explaining what the Government and Seafish are doing in supporting this endeavour by working in partnership with a range of training partners to offer apprenticeships across the UK on a range of subjects relevant to the seafood industry and maritime occupations. For example, in England, the Government are working closely with Seafood 2040, where one of the recommendations highlights the importance of training, skills development and workforce retention to a thriving seafood industry.

While the Government recognise the principle behind this amendment, we do not think that reserving a minimum quota for new entrants is the best overall approach to resolving the raft of issues faced by new entrants which I have just set out. We also think that there may be some unintended problems with the amendment. For example, setting aside a blanket minimum quota for new entrants means that other fishers will receive less than they currently do. This could even see quotas go unused, and this is the point—[Interruption.] The noble Lord, Lord Teverson, immediately jumps at something which is not what I am about to say. This could even see quotas go unused if no new entrants were forthcoming in a given year or if stocks set aside were not useful to them. I do not think that either of these outcomes are what noble Lords intend with this amendment.

The amendment also seeks to reserve a minimum share of quota for the under-10 metre pool. Similarly, as with new entrants, the Government recognise the importance of our under-10 metre vessels and the benefits they bring to our local coastal communities. I think everyone would agree that the under-10 metre sector is vital to the production of good food and to sustaining the local seafaring communities that we all wish to work with and rebuild, as we said in an earlier debate.

I say particularly to my noble friends Lord Naseby and Lady McIntosh that we are open to considering new methods of continuing our support to the under-10 metre pool. It is important to understand that the under-10 metre pool already receives a minimum share of certain fish stocks through the quota underpinning mechanism. The details of this are set out in the relevant quota management rules. In England, this amount has been supplemented through quota realignment exercises and reserve quota policies. We consulted on the 2020 reserve quota policy from January to March of this year, asking specific questions about the amount that should be given to the non-sector, including the under-10 metre pool.

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When public assets are distributed to the private sector, we expect a whole series of checks and balances to be put in place. The Bill does not contain those reassurances. I strongly encourage the Government to think again about their approach to Clause 27 and to provide clear answers to the questions that I have raised. I acknowledge that the amendment will provide a solution only in England, which is regrettable, but a partial solution is better than no solution. I beg to move.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I have listened to the noble Baroness, Lady Worthington, with great interest and have much sympathy with her amendment. I have been extremely annoyed and frustrated, as have others, as the Government agreed vast sections of the Fisheries Bill with the devolved Administrations without any reference to Parliament. This is very definitely not a case of English votes for English laws. Time and again, the argument has been made around the nature of the sea around our shores, from Penzance to Whitley Bay and from Milford Fish Docks up to Aberdeen in Scotland—but here we are with Clause 27 setting out how the Secretary of State will set out and use the rights for catch quota just for England and not necessarily to the benefit of new entrants and smaller vessels.

In Committee, we debated the fact that 70% of the UK fishing fleet comprises the under 10-metre vessels, yet they are allocated only 2% of the quota, as the noble Baroness, Lady Worthington, has just said. Amendment 29, which we just voted on, is an attempt to redress this balance and give 78% of the fleet a more equal share of quota. I noted the Minister’s response to the debate on Amendment 29: that if more than 2% of the quota were allocated to the under-10s, other fishers would have to lose some quota. These are large, often international fishing vessels swallowing up quotas, and their owners are featuring on the rich list. It is time to redress this balance. Since the Government seem unable to protect fish stocks as a whole, it would seem sensible to place this in the hands of Her Majesty and the Crown Estate commissioners. Amendment 35B seeks to rationalise this process and put the whole issue of allocation of quota and fishing rights on a far more equitable basis. I look forward to the Minister’s response to this amendment.

[Lord Grantchester]

I thank the noble Baroness, Lady Worthington, for her amendment and pay tribute to her determination and dedication in tabling amendments to reinterpret the Bill and seize the opportunity to create new arrangements. Already in Committee the noble Baroness proposed a new Clause 27, and after deliberation has now proposed a slightly different approach in her Amendment 35B. This proposes a key task for the disposal authority of fishing opportunities and nominates the Crown Estate commissioners in a new role as representatives of the Crown who would now hold fishing opportunities in trust for the nation and would have to report on their performance in discharging their duties. While the current Clause 27 would give Parliament a role in approving regulations prior to the sale of fishing opportunities, I do not believe that there is currently any role for Parliament in reviewing the successes or otherwise of this process. The idea of an end of year review is therefore an interesting proposition and I hope that the Minister will address this in her response.

This new proposed approach seems to outsource responsibility for selling fishing rights in England, severely curtailing the opportunities for Parliament to be involved in any meaningful way. Have the Crown Estate commissioners the necessary experience and expertise? There does not appear to be a role in this amendment for the Marine Management Organisation and others under the drafting of new Clause (2)(c). There remain other real questions about how this process will work in practice and how we would ensure that this system would be better than the one we currently have. I believe that the Minister has previously committed to consulting on this—can she set out in any more detail what this process might look like and when it will take place?

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[Baroness McIntosh of Pickering [V]]

I am most grateful. I seemed to have fallen off the speakers’ list so I thank the House for reinstating me.

I have a quick question for the Minister. Given the time, I do not want to rehearse things that I agree or disagree with. I am sure that the Minister stated at Second Reading, or in the informal briefing prior to Second Reading, that the Government are minded to introduce remote electronic monitoring. At what stage of preparation is the Government’s introduction of REM? Do the Government have a point of principle against introducing REM at this stage or is it simply a matter of timing and preparation, as other speakers have alluded to?

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, we had an extensive debate in Committee on the use of remote electronic monitoring of all fishing vessels. Noble Lords on all sides of the House have expressed concern at the state of fish stocks and the amount of bycatch and discards. It is not that we do not trust our fishing industry to stick to the quota and species rules; it is more that a degree of realism is needed when dealing with this issue. The discard ban is not being observed, and not just in the UK. Full compliance, as the noble Lord, Lord Krebs, told us, is essential. In the past, fish stocks have been decimated, cod in particular, which has led to a switch to other species. Due to stringent measures, including REM, cod stocks are beginning to recover. The only fail-safe way of protecting fish stocks is to have fish monitored at the point of catching, and REM is the most effective way of doing this.

Marine conservation has to be led by scientific data. My noble friend Lord Teverson has explained the purpose of REM as an enforcement tool. Where this is currently used, it is effective. I regret that I am unable to agree with the noble and learned Lord, Lord Mackay of Clashfern, that now is not the time to make REM mandatory. Now it is precisely the time. If we leave this to the discretion of fishermen, fish stocks data will be insufficient.

This amendment has cross-party support; it covers the current UK over-10-metre fishing fleet fishing within the UK exclusive economic zone; it covers the UK fishing fleet outside the UK EEZ; and it covers all motorised vessels fishing in the UK EEZ, whatever their nationality. In the vernacular, what’s not to like? As the noble Lord, Lord Krebs, told us, supermarkets do not wish to sell and the public do not want to buy illegally caught fish. The noble Lord, Lord Randall of Uxbridge, called this amendment the most important change we can make to the Bill.

Many noble Lords have mentioned data collection. It is essential that we know where fish are moving as result of changing sea temperatures and flows. How can we do this if data is not collected? REM would allow data to come back regularly, as the noble Lord, Lord Cameron, told us. This is not new technology; it is tried and tested.

The conditions in the amendment are stringent, but they need to be to protect our fish stocks. Without protecting our fish stocks, future fisheries will find fish stocks depleted and that there is nothing for them to catch. The arguments have been made and I look forward to the Minister’s response, but I fear I will probably be voting virtually.

[Baroness Jones of Whitchurch]

My Lords, I am pleased to have added my name to this amendment, so ably introduced by the noble Lord, Lord Teverson. In the interests of time, I shall make just a few quick points about the wider advantages, beyond the obvious ones, of access to real-time scientific data. First, REM will enable us to be more responsive to the movement of different fish stocks around our warming waters. That could also provide new economic opportunities, where fishing opportunities are more aligned with the real-time scientific data and therefore enable more fishing to take place. That evidence would potentially also allow more species to achieve Marine Stewardship Council sustainability certification, which would boost sales in the retail sector, a point ably made by the noble Lord, Lord Krebs. Secondly, we do not accept the point made previously by the Minister that this policy would be a distraction from vessel monitoring systems and aerial surveillance. These have their place but do not provide the detail that cameras on board the vessels would, particularly of the species being caught.

Thirdly, on fairness, many boats are already using REM voluntarily, so all we are trying to do is to raise the standard to that of the best and create a level playing field. Fourthly, we also believe that it would be an added safety feature on boats and would provide security for the crew should any danger arise. As other noble Lords have said, I get the impression that Ministers are currently thinking about introducing compulsory REM. A number of Ministers have made positive comments about it in the past, so the Government just need to bite the bullet and push on with the policy, and the Bill is the right place to do it. I therefore hope all noble Lords will support this amendment.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[The Earl of Caithness (Con) [V]]

My Lords, I am sorry that my noble and learned friend Lord Mackay of Clashfern is not able to join us just now. I hoped that he would elucidate the picture with regard to case law on this. The noble Lord, Lord Teverson, mentioned a case, but there are other cases, going back to 1803, that clearly establish that, if fish belong to anybody, they belong to the King’s subjects. That is well established. The noble Lord, Lord Teverson, is perhaps taking a slightly Napoleonic view of the situation, rather than the common-law and case law approach that is usual in this country.

I want to pick up a point that my noble friend Lady McIntosh of Pickering raised: the question of the “quotas” in proposed new subsection (2). What quotas is the noble Lord, Lord Teverson, talking about? The overall quota is set by the UK Government, but quotas are a devolved matter as well. I think that the noble Lord is in grave danger of complicating the Bill and treading hard on the toes of the devolved Governments. This is something that we have to be extremely careful not to allow in this Bill, which has been carefully crafted to achieve a balance between what the UK Government are able to do and what the devolved Governments rightly should do. I do not think that this amendment helps that situation in any way at all.

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

My Lords, my noble friend Lord Teverson has set out the reasons for this amendment, which we debated in Committee. Fish are a resource that is not owned by any one region, corporate body or individual. Unlike farm animals, which can be corralled and shepherded into barns, pens or open fields, fish are free-swimming. The oceans and shores around the UK have no physical barriers. It therefore follows that fish in our waters are a UK-wide resource.

The noble Lord, Lord Hain, said that 1% of the UK economy is dependent on fishing. But the UK is totally encircled by the seas, so fishing is extremely important. I agree that the Brexit deal is vital to how we move forward. The Fisheries Bill is a golden opportunity to set exacting principles on just how the fishing rights around our shores are managed to best maintain, and at the same time increase, fish stocks, with sustainability at the heart of the Bill.

The UK exclusive economic zone is a resource owned by the UK on behalf of its citizens, and must be preserved as such, whether they are in the devolved Administrations or not. No one should be allowed to claim that fishing rights in any particular area belong just to them. This is a national resource, and it must remain so. It is vital that fish stocks are protected and increased. This can happen only if the fish are not seen to be the property of any one individual private organisation or corporate body.

I note the comments of noble Lords about what they see as the complication of the issues in this amendment, and I look forward to what the Minister has to say. But this is an extremely important principle, which we feel should be included in the Bill.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Teverson, for raising this issue again, following our debate in Committee. It is a fundamental issue, which deserves more attention. Who owns the resources in our coastal waters? How can it be that, once a quota of fish is issued, it seems to be owned indefinitely by mainly foreign vessels?

As the noble Lord said, there is a strong argument that, when we become an independent coastal state, the ownership of those resources, including the fish, should be returned to the nation. What we do with them then should be the subject of a new consensus, with new timescales and obligations, and with the ultimate right of the UK to take back control of those resources. This would obviously be subject to a new devolved settlement, so that the rights to the resources were properly shared. Some noble Lords seem to feel that that is quite a complicated argument, but, personally, I think that it is fairly straightforward.

As the noble Lord is right to say, we should be more ambitious about the opportunities that could flow from our independence. If we were writing a new plan for UK fishing, we certainly would not start from here, with all that existing baggage.

I agree with my noble friend Lord Hain that a no-deal Brexit would of course be disastrous, not only for the fishing sector but for all other trade sectors in the UK.

We will explore in other amendments what we need to do to revitalise the UK fishing sector. In the meantime, it is useful to put on record our belief that fish stocks are a public asset and should be owned by the nation. I look forward to the Minister’s response.

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[The Deputy Speaker]

I think we have lost the noble Lord. We will go on to the next speaker and perhaps come back to him later. I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, a large number of noble Lords are taking part in this important debate on Amendments 2 and 20. Both at Second Reading and in Committee, many of your Lordships made the point that the sustainability objective must be the prime fisheries objective. It is nonsense to link it to economic, social, and employment benefits. So long as it is linked to economic benefits, sustainability will be overridden, as the noble Lords, Lord Krebs and Lord Cameron, have stated. During the long drawn-out process of lockdown caused by Covid-19, we have seen that the health and safety of citizens is offered up by some as less important than economic recovery. While economic prosperity is important and people have to make a living that will support them, if we do not put sustainability first and foremost, this will be counterproductive. We will find that fish stocks are depleted, and not there to provide any sort of a living to the fishermen and women we seek to encourage. The marine environment should be supported, and should be the prime objective.

Since the start of the progress of the Bill, there has been more than one programme on our televisions featuring the lives of those engaged in fishing and agriculture. We have seen how individual fishermen are able, by adapting what they catch, to fish sustainably without damaging fish stocks. All know the size criteria for landing catch, or returning it to the sea to be allowed to increase in size. It would seem that many of those living and fishing around our coasts are aware of their responsibility toward sustainability. I believe that the Minister is also aware of the Government’s responsibility toward sustainability, but is unable to place it above economics.

I disagree with the noble Lord, Lord Blencathra, that the sustainability objective will take no notice of the scientific objective. The sustainable and environment aspect of the Bill will depend on the scientific objective, and all the other objectives.

As I said on a previous amendment, the Bill is a once-in-a-lifetime opportunity for the UK to take control of its fishing, and ensure that the waters around our country are thriving and have plentiful fish stocks. Plentiful stocks will ensure economic viability for our fishing industry, and only this can do it, but this will not be ensured unless we make it clear to one and all that sustainability is the prime fisheries objective, and that this is stated on the face of the Bill. I look forward to the Minister’s response, which I hope will be positive. Unless he gives a categorical undertaking, we will ask the House to divide on this vital issue.

[Lord Randall of Uxbridge [V]]

My Lords, as previous speakers have said, this is a fundamental part of the Bill, and I feel very strongly that environmental sustainability is the crux of this matter. I heard the arguments of my noble friend Lord Blencathra, and as always, they are very strong. I do not doubt the Government’s intentions on the environment and on the sustainability of stocks, but it should be on the face of the Bill. If you do not have environmental sustainability, it is obvious that the other issues we are talking about are irrelevant, because there will be no fish, and no economic advantages. It is absolutely fundamental. I urge my noble friend the Minister to accept this amendment, otherwise I will find myself having to support it in the Division Lobby.

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[Lord Lansley]

My Lords, I join my noble and learned friend Lord Mackay and other noble Lords in paying tribute to the courage, fortitude and skill of those who work in our fishing fleets. In that sense, I think that we are all very much behind the spirit of the two amendments.

I hope that it will be unnecessary to insert an additional clause on sustaining the workforce, because it is implied by the fisheries objectives as they exist, but I hope that the Minister might also tell us more about the ways in which the Government are proposing to assist Seafish, the NDPB which under the Fisheries Act 1981 has responsibility to provide support to the workforce of the sea fish industry and, under regulations introduced in 1982, the ability to place a levy on the first sale of sea foods in this country. Its corporate plan is due to be renewed. It would be helpful, if not this evening then perhaps subsequently in a letter placed in the Library of the House, if the Minister were able to say something about how the Government hope to support Seafish in its endeavours. Its last corporate plan had as one of its five challenges to support a safe and skilled workforce. The issues that we are talking about, of recruitment to the industry, of training for those in it and the achievement of an as-safe-as-possible working environment for them, are things that Seafish is endeavouring to address, and we want to see it supported.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I shall speak briefly to Amendments 5 and 6. As all noble Lords have said, the fishing industry is nothing without its workforce, whether they work on vessels in the process of fishing or onshore in packing and processing plants. This workforce deserves to be treated properly and protected.

This is an occupation that is not for the faint-hearted. The seas are not as calm as millponds but often have raging storms, yet trawlers go out to sea in all weathers in order to catch fish. There are, unfortunately, accidents resulting in serious injuries and, as we have heard, occasional deaths. The onshore packing industry can also be fraught with danger. It is essential that the fishing industry workforce be trained, and it should be protected as much as is reasonably possible from accidents and death.

The noble and learned Lord, Lord Mackay of Clashfern, has set out his arguments, as he always does, with great clarity and force. I support him in his efforts to ensure that the Government implement a legal training infrastructure for the fishing industry and workforce, and that the immigration regulations allow for a sufficient workforce to be available for the fishing industry.

[Lord Grantchester]

My Lords, I am grateful to the noble and learned Lord, Lord Mackay of Clashfern, for tabling these amendments. My noble friend Lady Jones of Whitchurch tabled similar elements in Committee following discussions with the National Federation of Fishermen’s Organisations, and we welcome the opportunity for the Minister to elaborate on the earlier response.

As was said on the last group of amendments, there are clear benefits to promoting jobs in fisheries and aquaculture. If we want to encourage new entrants into the sector, as my Amendment 29 seeks to do, we need to ensure that the infrastructure is in place to support that. Amendments 5 and 6 outline steps that may help to move things forward. The new clause of the Bill proposed in Amendment 6 would require the Government to publish a strategy outlining steps to enhance the safety of crew and provide better training opportunities that will surely be needed in activities to adapt to climate change. The Minister assured the House in Committee that all these points are covered and that responsibilities exist across various departments and agencies, as spoken to by the noble Baroness, Lady McIntosh. That may be the case on one level, but the National Federation of Fishermen’s Organisations would not have felt the need to push for such amendments to the Bill if it felt that the current system was working properly and producing results.

The Minister said in Committee that this is an area where we have a duty to coastal communities to show that we are on their side. I hope that the Minister can do that by going further in response today, including acknowledging that demands for safe working practices need to be reflected here and that there is always more that can be done.

--- Later in debate ---

[The Earl of Caithness [V]]

My Lords, you are going too quickly; the unmute button did not come on, but I have got it now.

These are two interesting amendments, but a lot of this is already covered under existing legislation. The noble Baroness, Lady Jones of Whitchurch, wants to put climate change at the heart of the Bill, but we now have environmental sustainability as its prime objective and everything else is secondary to it. Climate change is surely already taken care of under the national adaptation programme, published in 2018, which sets out what is needed for the next five years. I am sure that this will need to be ramped up as the effects of climate change become clearer.

My noble friend Lady McIntosh of Pickering referred to fish moving north. Species will move further north into colder waters, undoubtedly, and that could well put huge pressure on the fisheries to the north of Caithness and around Orkney and Shetland. There will be a huge demand from the EU fishing fleet to get into those waters in a way that they have not to date. I ask the same question as her: is the Minister cognisant of this? It will affect how quotas are distributed within the UK and, at a lower stage, how the devolved Administrations deal with it.

In principle, I agree that climate change will have a huge effect. The fishing fleet is not a very big contributor to climate change. Only 10% of domestic shipping CO₂ emissions come from our fishing fleet; nevertheless, it is an important area. However, while perhaps the principle of the amendment is right, I think that its inclusion in the Bill at the moment would be otiose.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I have listened carefully to the debate and to the contributions from the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Krebs. Climate change is upon us. Sea temperatures and sea levels are rising, and this is having a dramatic effect on our landscapes and on the fish in our seas. Some fish are moving to colder water; other are moving with the warmer water. Many of the changes in water temperatures and flows will have damaging effects on some species, especially on their spawning grounds. The noble Baroness, Lady McIntosh, spoke about fish moving with colder water.

Mitigating climate change can be fulfilled partially through carbon sequestration, as the noble Baroness, Lady Jones of Whitchurch, laid out. The 2050 target set in the Climate Change Act 2008 is 30 years away, but it is no good waiting until we are five years from that date to decide that catastrophe is upon us and that the nation needs to do something. It is far better to begin the process now. As the noble Lord, Lord Krebs, trailed, the Committee on Climate Change will publish its report on Thursday, and it will not be an uplifting read. Setting an interim emissions target for 2030 is essential. Only by setting interim targets and seeing how progress is made towards them can we effectively calculate whether the 2050 target is achievable at the current rate of improvement—if there is any—or whether much more drastic action is needed.

Climate change is not something that is happening elsewhere; it is happening all around us. Every country in the world is affected. Snow is melting in Siberia, as the noble Lord, Lord Mann, said in the debate on an earlier amendment, and this is uncovering mammoth remains. Antarctica is losing vast icebergs and ice shelves. The sea is rising at an alarming rate, affecting the breeding and feeding of many aquatic animals and species. It is unwise for Parliament and the Government to see all three Defra Bills in isolation. They should be seen as a holistic package, with the Environment Bill being especially important. Through the Fisheries Bill we have an opportunity to ensure that the fishing industry plays its part in slowing climate change. We must set an interim emissions target for 2030. I fully support these two amendments.

[Lord Randall of Uxbridge [V]]

I am grateful to the noble Baroness, Lady Jones of Whitchurch, for tabling this amendment. We have had some excellent contributions. Climate change is such an important issue for us all that it should be considered in everything that we do, if not at the heart of what we do, in these sectors. As the noble Baroness has just said, we should not look at climate change in isolation as an issue only for the Environment Bill; it has to be considered in all Bills. I urge the Government not simply to say that they will take it seriously. We want to see action. Thursday’s report will show that we are falling well behind on this issue.

--- Later in debate ---

[Lord Naseby]

My Lords, I do not support the amendment, which does not seem practical. Of course, there has to be liaison—that I understand—but not a co-ordinated policy. I will quote one example, because I asked for some briefing about what has happened in the sea with a particular species. As colleagues will know, the International Council for the Exploration of the Sea provides annual catch advice, and gave me an example against the criteria of how much movement there really is in any one particular species of fish. The example it gave me was the north-east Atlantic mackerel situation: in 2017, the catch advice was 944,302 tonnes. That dropped in 2018 to 550,948—a 42% reduction—and in 2019, initial advice, based on the best science available at the time, was 318,403 tonnes, revised in mid-year to 770,000 tonnes—an increase of 140%.

The council has emphasised to me that, while it welcomes enormously the change to scientific advice from the former situation which pertained in the EU, the science has an awfully long way to go and is highly variable. In that situation, it seems that it is a big enough challenge for our own people, particularly the management that is running our fishing fleets and doing the fishing, to get a grip of this and plan for that. It is inappropriate to proscribe in primary legislation to the depth that this amendment seeks. This industry is even more variable than the agricultural industry—I know we have spoken about that on earlier occasions. I also look at the history of the horticultural world, which I know quite a lot about and, my goodness, it does not have to face what the poor fishing industry has to face. On balance, therefore, I am afraid that I find little favour in this amendment.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, these three amendments all deal with the migration of fish across national boundaries. My noble friend Lord Teverson has made the case extremely well: fish stocks are shared and co-operation is essential with other coastal states. The joint fisheries statement must take account of adjacent exclusive economic zones and territorial waters. Fish are constantly moving across these areas and it is essential that there is co-ordination with non-UK authorities so that these fish stocks are managed in conjunction with others. I am afraid that I cannot agree with the assessment by the noble Lord, Lord Naseby, of the situation.

Agriculture Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

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

My Lords, I too thank the Minister for his comprehensive introduction to the Bill and for his time, and that of his officials, in providing briefings in preparation for our debate today. I agree with noble Lords who have complained about the time limit and sympathise with those not able to speak. Had this been a Brexit debate, two days would have been allocated. I congratulate all who have managed to speak and made such vital contributions to the debate.

Like other noble Lords, I welcome the move away from payment for farmers based on the amount of land they are farming to a more equitable system of public money for public good. Under the previous CAP system, half of the payments in England went to only 10% of farms. Like the noble Lords, Lord Grantchester, Lord Teverson and Lord Carter of Coles, and other noble Lords, I look forward to hearing how the environmental land management pilots are progressing. Is the Minister able to give us an update?

To some extent, this public good is defined in the Bill, but there are gaps and the continued use of pesticides is one. A former friend who worked for Fisons many years ago warned that since man is much nearer to the physiology of insects than of plants, we would be wise to treat pesticides with more caution than we do weed-killers. The overuse of chemical-based fertilisers and pesticides does little to enhance the quality of the soil. I am sure we will return to that in Committee.

Like, I am sure, other noble Lords, I have received dozens of briefings in preparation for this debate, from large organisations and interest groups to individual members of the public. The vast majority welcome the Bill but are worried that an opportunity to make a real difference is being lost.

The Bill in its opening clause lists the Secretary of State’s powers on financial assistance. There is an extensive list of what this will include. But there is no mention of food production—a concern raised by the noble Lord, Lord Grantchester. Only in Clause 4 is the Secretary of State required to have regard to “encourage” the production of food. As the noble Baroness, Lady Young of Old Scone, does, I find this alarming. Now is a golden opportunity for agricultural land to be farmed in a sustainable and ecological way to produce healthy food for the whole nation.

Food security is the subject of a requirement for the Secretary of State to report at least every five years. I welcome the Minister’s assurance that this review will take place sooner than five years’ time, and I agree with the noble Earl, Lord Lindsay. Food security is vital and can alter dramatically with climate change and international conditions. It should be monitored more frequently, perhaps yearly.

I welcome the addition of measures to improve forestry productivity—as raised by the noble Lord, Lord Colgrain—peat restoration and soil quality. These are key in carbon sequestration and tackling flood prevention, providing a holistic approach to how land is managed for the benefit of farming and the public.

Turning to the section on agricultural tenancies, this is to be welcomed as it enables tenant farmers to benefit from their hard work and to receive the payments themselves. Not all tenant farmers have received this in the past. To encourage new entrants into farming, it is essential that tenant farmers should get the rewards they deserve for farming the land. The noble Baronesses, Lady Bennett and Lady McIntosh, and the noble Lord, Lord Whitty, have raised concerns about tenant farmers, and I agree with the comments that the noble Baroness, Lady Rock, just made. Can the Minister say whether the measures in this Bill are consistent with the direction of travel in the renters’ reform Bill?

I turn briefly to Northern Ireland. In the Commons my Alliance Party colleague, Stephen Farry MP, introduced an amendment to provide for a sunset clause in regard to Clause 45 and Schedule 6, on some measures which relate to Northern Ireland. There is a sunset clause in the Bill for some measures applying to Wales, as my noble friend Lady Humphreys says, while Scotland has already indicated that it will bring forward its own policy. I am concerned that Northern Ireland will be out of step with the other devolved nations at a time when it needs to build a food and farming system that is resilient, healthy and regenerative. We will explore this further at later stages of the Bill.

The Bill cannot be seen in isolation; at least two other Bills are inextricably linked to it. The first is the Trade Bill, which allows for trade with countries outside the EU. It has the possibility of allowing food and animal products into the UK which are not produced to our own high standards of animal welfare. There is grave concern among organisations supporting agriculture and farmers that their produce will be undercut by these inferior imports. It is vital that all goods are clearly labelled with the country of origin and other details which will assist the purchaser to make informed choices, as raised by the noble Duke, the Duke of Somerset, and the noble Baroness, Lady Redfern.

The majority of people buying food, whether for the domestic table or for the hotel, catering and restaurant trade, will wish to support food grown and produced within our shores, not imported from thousands of miles away. I am grateful to the Minister for circulating the letter from the Secretaries of State for Defra and for International Trade but, as my noble friend Lord Burnett said, Ministers come and go. Since the Government feel it is important to state their intention on food security and animal welfare, does the Minister agree that reassurance can be provided by an amendment to the Bill? Thirty-eight of your Lordships speaking today have supported this and only four do not.

The second Bill with links is the immigration Bill. We have heard much about the dearth of workers to harvest our vegetables and crops, as a result of the Covid-19 pandemic, and seen adverts on our television screens for workers to come forward to help. At first there was a good response but as British workers found the work was back-breaking—for 10 hours a day—the accommodation appalling and that they got very little pay in return, their numbers dropped off. There is an issue here about how we treat our agricultural workers. It is estimated that some 17,000 migrant workers are needed every year to fulfil the needs of growers. The immigration Bill allows for only 3,500 to come in per year. This is hopelessly inadequate. Are the Government going to allow fruit and vegetables to be left rotting in the fields, when people are crying out for fresh produce? Does the Minister agree that this is a scandal which the Government can easily avoid? Some effort must be made to see these three important Bills as a holistic package and not separate, if we are to protect agriculture and farming effectively.

The Bill has much to commend it but there is no mechanism for enforcement, as highlighted by my noble friend Lady Parminter, the noble Lord, Lord Whitty, and others. Can the Minister address this vital issue?

At a time when large numbers of people are dependent on food banks, it is a scandal that food is wasted from farms. My noble friend Lady Parminter and I will address this issue in Committee. I could say more but will save it for Committee, and I look forward to the Minister’s response to this important debate.

Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction. It is clear from the number of contributions that we have a wealth of expertise in the Chamber. We all, whether or not we are farmers, suffered from the extreme weather and flooding brought on by Storms Ciara and Dennis last year. It was obvious to all those not living in cities and towns that arable land was waterlogged, and it was clear that farmers were not able to sow their crops in the usual way. They missed out on at least one crop, and, in the case of larger land holdings, two crops. I therefore have no objection to derogation of the crop- rotation conditions, in order that farmers can receive the payments on which they rely to make a living. I support this SI on the basis that it is for one year only —2020—and not beyond.

Last year was unprecedented in many respects not related to the weather. Parliament was prorogued and then it was not; then it was prorogued again. Then we had the general election. I am surprised, given the number of letters that the Prime Minister must have received from beleaguered farmers asking him to do something, that this was not one of the first things he did back in December, when the new Parliament sat. At the very least, it should have been on the agenda in January, as the noble Baroness, Lady Jones, and others have said. But here we are, six months into 2020, and only now are we providing the compensation that farmers have been asking for since the spring of 2019. My concern is that, should the country suffer a similar clutch of storms in coming years, we may be back again in this Chamber debating a similar SI in order to protect farm incomes.

We have just enjoyed two months of unprecedented hot, sunny weather, and some will say that this is due to climate change. It has certainly helped with the pain of lockdown. Those of us lucky enough to have gardens have been able to attack the weeds and plant seeds and vegetables. For the first time, I watched every day as the bare branches of trees sprouted into life. Over a period of about eight days, the biggest tree was covered in greenery and now provides much-needed shade. Usually I am in London in the week during this period, but I do remember the severe drought in 2019—not a million years ago—when the land was bone dry and farmers had to buy in fodder as the grass in their fields was just not growing and they had nothing to cut to feed to their cattle over the winter months.

I am not a meteorologist, so I cannot tell whether this period of unprecedented sun will carry on, or whether we will be blessed with much-needed rain. Farmers’ fields need rain, and domestic water butts are empty. The seeds and vegetables we planted in March and April need daily watering if they are to survive. So, too, does arable land. Will we be looking at providing compensation for farmers next year because of a 2020 drought? This scheme is emergency compensation: it is money that farmers would not get if the rules on direct payments were strictly adhered to.

Today, we are debating waiving one of the criteria for payments due to force majeure in the form of exceptionally heavy rain and flooding. I am not going to ask the Minister to look into his crystal ball and give a categorical undertaking that such a force majeure will not happen again, but I seek reassurance that the Government will think very carefully before implementing such a scheme again. Crop rotation and diversification is vital, not only for the supply of crops and food— as mentioned by the noble Baroness, Lady Jones of Moulsecoomb—but for the quality and condition of the soil, as my noble friend Lady Northover and others have indicated. In recent years, we have seen a diminution in the quality of the soil due to the amount of fertiliser and insecticide used to enhance crop yield.

I do not wish to stray into the Agriculture Bill, but, like others, I welcome the measures proposed in this Bill to enhance the biodiversity of our landscapes, while continuing to recompense farmers for maintaining their land on a more sustainable basis under the greening scheme mentioned by the noble Baroness, Lady Parminter. It is vital that soil is retained and not washed away during heavy rain, flooding our roads, clogging up highway drains and, in extreme circumstances, flooding our homes. Many flood-alleviation schemes now retain water upstream, which can be used in times of drought. I am sure we will return to this issue next week, when we examine environmental land-management schemes and their implementation, and whether the three-crop rule will continue—a point raised by the noble Earl, Lord Devon. Moving to public money for public goods is essential, as my noble friend Lord Addington said; we must implement it as soon as possible.

As the noble Baroness, Lady McIntosh of Pickering, mentioned, farmers need to be better prepared for unusual weather conditions, especially if we are to make a success of the ELMS. I am happy to support the SI, but look forward to the Minister’s comments and reassurances on the many questions that have been put to him by your Lordships.

Food Supply and Security

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too congratulate the noble Baroness, Lady Boycott, on securing this vital debate and agree with all her comments. The number of speakers is an indication of the concern felt by the House over the security of food supply. We have had a wide-ranging debate; it is clear that there are real problems with the production, harvesting and distribution of food during the current Covid-19 pandemic.

The Government have expressed confidence in the resilience of the UK food supply chain. As many Peers have mentioned, only 53% of the food consumed in the UK was produced here, with 28% coming from the EU. The import and export figures for 2017 demonstrate that we were wholly reliant on imports for all vital foods. It is only in beverages that our exports overtake our imports, solely due to Scotch whisky. It is not wise to be so dependent on imports for our basic food.

Food distribution is fragile as a result of the pandemic. Air freight mainly containing food continues to be flown into the UK on cargo planes. During normal operations, Heathrow Airport usually handles 47 cargo-only planes per week. In contrast, on 31 March, the airport was forced to handle 48 cargo-only planes in a single day. The food miles involved here are horrendous. Can the Minister say whether the Government are considering a review of our just-in-time supply chain? Are they considering using supermarkets to buy more food from local suppliers? This would reduce food miles, be better for the environment and involve less processing.

We have heard from many contributors about customer access. Data from the Food Foundation this month shows that approximately 500,000 children entitled to free school meals have received no substitutes since March. This is 31% of entitled children. Food poverty is a terrible scourge. Vouchers for food, concentrated on large supermarkets, have been spasmodic and in some areas non-existent. Government departments apparently had insufficient capacity to widen the number of retailers participating. As mentioned by the noble Baroness, Lady Watkins, this has left many children in rural areas without access to food. Only two supermarkets will take vouchers online. Can the Minister say why smaller, local shops were excluded from the voucher scheme?

I regret to say that, in my own area, the experience of schools was that the Department for Education was in chaos and teachers were tearing their hair out, with it taking three weeks to issue vouchers. In the end, Somerset County Council came up trumps and produced boxes of food to the same value of the vouchers and delivered them to the homes of the vulnerable entitled children. Given that schools are not returning to full attendance immediately, can the Minister say whether the capacity in government departments has increased to distribute the vouchers efficiently and whether the Government intend to widen the variety of retail food outlets where vouchers can be exchanged?

As others have said, local shops operate at the heart of our communities and across every type of location: villages, housing estates, petrol forecourts and high streets. Some 38% of local shops are located in isolated areas with no other businesses nearby. Before the Covid-19 outbreak, only 12% of convenience stores were providing a home delivery services for groceries. A recent survey found that 38% of local shops had introduced a home delivery service in the light of the outbreak. It is now estimated that this sector is making 600,000 home deliveries per week. This proves that our more local facilities are capable of stepping up to the challenge.

Supermarkets have also sought to increase food availability for consumers by introducing extended operating hours for over-70s and key workers and by increasing the number of delivery slots available. However, the vulnerable are still struggling to get online delivery slots. An elderly couple I know could not get a slot for three weeks. There was no local shop in their village and, because of their age and health, they were isolating.

Since the start of the outbreak, as others have said, food banks have seen a surge in demand, the Trussell Trust noting an 81% increase in demand in the last two weeks of March. While the Government are to be congratulated on their efforts to provide food parcels to the most vulnerable residents, there has been criticism that they do not contain healthy items, as mentioned by many noble Lords.

Independent Age conducted a survey of extremely vulnerable groups. Some 29% of respondents who get food parcels felt there was insufficient food included to sustain them until the next delivery. Some 23% felt that their dietary needs were not being met, as issues concerning medical, dietary and religious requirements were not considered. Does the Minister consider that working with local authorities to better co-ordinate distribution of food parcels would be more efficient and prevent people at risk having to skip meals or go hungry until their next delivery? Will he investigate the composition of the food parcels to ensure a healthy mix of food, including fresh produce, and ensure that food parcels meet individual medical, dietary or religious requirements at no extra cost to the recipients?

In dairy, the AHDB estimates that overall demand for dairy products is currently running at around 2 million litres per day lower than before the lockdown. In poultry meat, pre-lockdown the estimated weekly demand from McDonald’s, KFC and Nando’s was collectively in the region of 2 million chickens per week. Farming systems are biological in nature; they cannot be easily turned off and on. I welcome the Government’s announcement on 6 May of new funding to support dairy farmers, who will be able to access up to £10,000 each to cover 70% of their lost income during April and May. Will this additional support be continued beyond the end of May?

The Agriculture Bill is a vital step towards a more resilient system. The proposed move towards “public money for public goods” at the core of the Bill will enable farmers to restore the natural environment alongside and through the production of healthy, sustainable and nutritious food. It will also improve animal health, minimising the risk of future zoonotic outbreaks of disease, and enhance people’s access to green space, the importance of which has come into even sharper focus through the lockdown.

I turn to highly-seasonal farm labour. It is estimated that around 70,000 workers are needed this year—many noble Lords have referred to this. According to the NFU labour survey, the majority will arrive between April and September. On 6 March 2019, the Government implemented a pilot scheme to allow fruit and vegetable farmers to employ migrant workers for a period of up to six months. The scheme was capped at 2,500 workers as part of a two-year trial. In February, the scheme was extended to 10,000 workers. As of 1 January next year, the distinction between EU and non-EU seasonal worker migrants will cease and the current 10,000 figure is far short of the 70,000 seasonal workers currently deployed. January 2021 is only eight months away, with no clarity as to how the seasonal workers scheme is to be expanded. Are there plans to extend this scheme beyond January 2021?

Through the Covid-19 crisis, we are seeing the UK used as a dumping ground for agricultural products from other countries that have lost their own markets. Goods produced to much lower standards than would be allowed in the UK have a distorting effect on the domestic industry. What are the Government doing to prevent this continuing and what is their long-term strategy for food security, to move towards healthy food and away from processed foods?

Fruit and Vegetable Harvest

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 30th April 2020 Lords Chamber

[Lord Gardiner of Kimble]

I have asked about the situation in Northern Ireland and DAERA has said that it will look for its own local solutions. Clearly, we want to work with the devolved Administrations. Northern Ireland welcomes the information sharing which we will undertake.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, at a time when we all need healthy, fresh, nutritious food, what are the Government doing to promote to the British public the range of employment opportunities available, assisting growers in harvesting their produce and getting it to market and on the table at a reasonable price?

[Lord Gardiner of Kimble]

My Lords, that is precisely why we have launched Pick for Britain and the DWP Find a Job website. This will be escalated. We think that currently, there is sufficient labour on farms, but there will be a peak in late May and therefore much more work. A public-facing campaign will be launched so that many more people are aware of this and of the demand in their local areas.

Agriculture: Dairy Prices

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 28th April 2020 Lords Chamber

[The Lord Speaker]

We have had the supplementary from the right reverend Prelate, so we will move on to the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, dairy farmers desperately need certainty for the price of milk. It is estimated that 20 million litres of milk would normally go into the food service sector. Only 20% of this market is still viable due to lockdown. The national dairy herd is nearly 2 million, with an estimated 80,000 cows likely to be culled if financial support is not forthcoming. Once herds have been culled, it will take a long time to rebuild capacity. Farmers want to be ready to meet demand once restrictions are lifted. The financial support legislation promised on 17 April has yet to be laid. Can the Minister say when this lifeline will come forward for legitimate inclusion in statute?

[Lord Gardiner of Kimble]

My Lords, it is very important for me to say that the easement of competition law for the dairy sector—a statutory instrument, which is widely supported by the devolved Administrations and industry—will be retrospective to 1 April. That will ensure that the competition rules are relaxed for the dairy sector temporarily to allow retailers, suppliers and logistics services to work together. This has allowed the dairy industry to redirect some of its supplies to retailers. Clearly, Defra is working very closely on this. It is an issue that affects, as has been said, those farmers who are supplying the food service sector, and we are working with others to ensure that the situation improves for those farmers affected.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 11th March 2020 Lords Chamber

[Baroness McIntosh of Pickering]

My Lords, I congratulate the noble Baroness on tabling these amendments, and I have a very short query.

It was, I think, when we took evidence on the financing of the International Council for the Exploration of the Sea and the data that would be gathered—I look to the chairman of the Select Committee for confirmation—that the Secretary of State responded by saying that the Government were committing to the long-term future of our involvement with ICES, but that he could not tell us at that point from which budget that would come. I am very keen on the International Council for the Exploration of the Sea; I have twice visited it, and it has a fantastic website which is hugely interesting for anybody interested in sustainability. Can the Minister tell us today whether this was resolved in the Budget and the Finance Bill, or whether this will be sent out and covered in the comprehensive spending review? I would like to know that we are going to cover precisely the same percentage, which is some 11% to 13% of the total ICES budget contribution; we take a similar amount of research from it. I entirely endorse what the noble Baroness, Lady Jones of Whitchurch, said: we cannot really proceed as an independent coastal state if we do not know what the data is.

There is one other area that vexes me, and I do not think that anybody is doing research into it at the moment because no one is fishing in the area. We know that the seas currently jointly fished by UK and EU fleets have warmed. Does the Minister have any idea who might do the research in areas where species such as cod and other fish from our waters have moved to? That might explain why sustainability appears to have fallen in those species.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendments in this group which deal with the financial assistance covered by Clause 33.

On the first day in Committee, we debated at length the incompatibility of the sustainability objective and the socioeconomic objective in Clause 1. The Fisheries Bill has been heralded as taking back control of UK fishing rights and waters and is eagerly awaited around our coastlines. Many voters supported Brexit on the basis of having control over our fishing rights and waters. However, what they did not do was vote for our fish stocks to become exhausted by the rush for profit. The dichotomy of sustainability over socioeconomics is an issue which we must tackle before the Bill becomes law. To be successful, we must ensure that those fishermen who find that they are catching less as the sustainability of their usual catch reaches a critical point, and are facing financial implications, are not disadvantaged. It is unwise in the extreme to jeopardise the sustainability of our fish stocks by allowing continued fishing when the scientific evidence demonstrates that the stocks are depleted.

The Government could do much to assist in preserving fish stocks by using financial assistance to recompense vessel owners and crews for reduced or exhausted fishing opportunities. Unless such assistance is forthcoming, there will be no incentive for the fishing of depleted stocks to cease. This will result in the socioeconomic objective becoming the overriding objective and swamping the sustainability objective. Why would fishers willingly lose money by staying in port? The scientific evidence will need to be overwhelming.

To be able correctly to monitor fish stocks and prevent bycatch and overfishing, it is essential that the Government invest in new technologies to be used across the fishing fleet, with both large vessels and those under-10 metres. The passage of the Fisheries Bill provides the Secretary of State with a golden opportunity to establish a research and implementation fund. This could promote new and improved methods of selectivity and encourage and assist vessel owners to replace old nets and other technologies with those capable of more refined selectivity, to avoid choke species.

The gathering of scientific data to inform the management of fish stocks, alongside technologies to improve fishing techniques, are some of the tools available to the fishing industry. They will ensure that we do not reach the stage at which the children of future generations are left wondering what cod and haddock taste like. As the noble Earl, Lord Devon, said at Second Reading, it could be fish fingers for everybody if we do not get this Bill right. However, if we do not take action to ensure fish stocks are preserved, I can envisage a situation in which there will be no fish fingers for anyone.

I hope the Minister is aware of the strength of feeling in the Committee on these issues and is ready to give assurances that these amendments will indeed appear on the face of the Bill. If he is unable to do that, I hope he will think about bringing forward similar amendments on Report.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lady, Baroness Jones of Whitchurch, for Amendment 113, and to the noble Lord, Lord Teverson, for Amendments 114 and 116, which were spoken to by the noble Baroness, Lady Bakewell. I will address these amendments together, so that I hope I can provide—I underline “I hope” following the comments from the noble Baroness, Lady Bakewell—the necessary reassurance that the measures proposed can already be supported by the financial assistance regimes made under Clause 33 of the Bill.

The Bill sets out the various purposes for which funding can be given, rather than setting out specific activities. This provides flexibility to fund a wide range of activities, including scientific data collection and innovation in gear selectivity, even if they are not directly mentioned. The existing powers found in the Fisheries Act 1981 are limited to providing assistance for the purpose of reorganising, developing or promoting the sea fish industry or fish farming. The revised power will widen this to allow financial assistance for: the protection and improvement of the marine and aquatic environment; the promotion, development or reorganisation of commercial fish activities; health and safety; training; economic development or social improvement in areas where commercial fish or aquaculture activities are carried out; improving the arrangements for catch or effort quotas; and the promotion of recreational fishing. This means that when scientific data collection contributes to the purposes described, such as conservation or improving the arrangements for quota allocations, it would be eligible for financial assistance through this power.

At this juncture, I should say to my noble friend Lady McIntosh and the noble Baroness, Lady Jones, that UK scientists are deemed to have considerable expertise and make a significant contribution to international co-operation on stock assessment and related fisheries science. That will continue, primarily through ICES—the International Council for the Exploration of the Sea—which is the independent global body for these purposes. Defra has always worked very closely with ICES, and this will continue. In addition, UK scientists will continue to co-operate regionally with counterparts in the EU and other countries on fisheries and the marine environment.

We will also work with ICES and scientists in the UK, both in Cefas and across the devolved Administrations, to understand the impact of climate change on fish stocks. I am very pleased that, when we discussed the objectives of the Bill earlier, the Government inserted the climate change objective, which is an indication of how serious this matter is for both the marine and terrestrial environments.

I am advised that there are some practical challenges with the drafting of Amendment 113. It is long established that government funding should not be provided for matters that are mandatory. There are already requirements for fishers to carry out a number of the activities listed in the amendment, and these therefore should not benefit from public money. For example, vessels over 12 metres in length are required to use vessel monitoring systems. Similarly, fishers must record details of their catches. Neither of these, in our view, should attract financial assistance, as they are mandatory requirements.

I appreciate the intention in Amendments 114 and 116, which the noble Baroness, Lady Bakewell, spoke to. However, I am advised that the powers contained in Clause 33 are already sufficient to create and deliver such a fund, if desired, while not limiting the range of other potential activities that could also be funded. This is the key point that I want to develop. Should other sustainability priorities be identified beyond gear selectivity, we may not be able to create a specific fund to address those priorities if we were tied to a fund focusing on gear selectivity.

Before introducing any new grant scheme, we will consult the sector on the priorities for funding. Details for the activities to be funded in England will also be set out in the regulations we will create to deliver our own domestic scheme. These will be subject to full parliamentary scrutiny, as the regulations will be introduced by affirmative resolution.

Turning to Amendment 115, I share the noble Lord’s concern about sustainable stock levels being achieved. I say to the noble Baroness, Lady Bakewell—and I am sure we will have this on Report—regarding the objectives in Clause 1, yes, we need to ensure we are mindful of fishers’ livelihoods, but this is all predicated on the sustainability of our ecosystem. From any lay reading—perhaps I am deploying points I will make on Report—the overwhelming majority of those objectives are predicated on a firm and strong belief that the environmental sustainability of the ecosystem is the route by which you get vibrant communities and vibrant fish stocks. From the Government’s point of view, there is no dilemma about this; it is exactly what we are aiming to do. But, as a responsible Government, we have to be mindful of caring for those coastal communities.

I should also say that it is not government policy to compensate industry when setting the annual fishing effort where that results in a reduction of potential profit or for in-year management measures needed to comply with regulations and ensure the long-term sustainability of the sector. Such activities must and do take place each year, so the fluctuations in profit should be borne by the industry itself. It is already able to respond to fluctuating stock levels to a certain extent by fishing in different fishing grounds to catch quota or adapting the gear to fish for different stocks.

We believe that providing compensation would risk reducing the incentive on the industry to take ownership of fishing at sustainable levels. An unintended consequence of this amendment could be that the industry decided to focus its fishing over a few months in the year, until the stock is exhausted, in the knowledge that it would then have to tie up but be financially compensated for doing so. I think all of us would agree that this would not be a helpful precedent and runs entirely contrary to the spirit and the words expressed in this House; it cannot be right that industry should be in some way rewarded for overfishing. These are points that I know were not intended, but we are concerned about the unintended consequence in terms of the legal reading of the amendment. It is only reasonable that I should make these points to your Lordships.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 3rd sitting (Hansard - continued) & Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 9th March 2020 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

93: Clause 23, page 15, line 23, at end insert—
“(2A) When making a determination under subsection (1), the Secretary of State must engage with any other state that exploits a shared stock with a view to ensuring that—(a) shared stocks are managed in accordance with the UK’s international law obligations and in accordance with the fisheries objectives of this Act, and(b) fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield.(2B) For the purposes of subsection (2A)(b), where the biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, the Secretary of State must—(a) not postpone or fail to determine fishing opportunities for the stock on the ground that there is an absence of, or uncertainty in, that evidence,(b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(c) engage with any other state that exploits a shared stock with a view to ensuring that fishing opportunities are determined—(i) at a quantity which functions as a suitable proxy for maximum sustainable yield, and(ii) in a manner that is consistent with the scientific evidence objective and the precautionary objective.(2C) Where neither a formal agreement nor a common arrangement is made with another state that exploits a shared stock, the Secretary of State must—(a) take all necessary steps to ensure that fishing of shared stocks is carried out such that fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield, and (b) provide, and make public, an annual report to the appropriate legislature outlining the steps taken pursuant to paragraph (a).(2D) For those stocks for which fishing opportunities are not determined pursuant to section 23(1), fisheries policy authorities must—(a) ensure that exploitation does not exceed the maximum sustainable yield exploitation rate, or(b) if the current biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, ensure that exploitation—(i) does not exceed a level determined by a suitable proxy for maximum sustainable yield, having regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(ii) is consistent with the scientific evidence objective and the precautionary objective.”

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this amendment introduces binding legal commitments not to fish above scientifically recommended sustainable levels. We have touched on this issue in other amendments. I am indebted to the Greener UK organisation for its assistance and we have had a long debate today on Amendments 112 and 124, which are all about sustainability.

The UK shares almost every stock in its waters with another coastal state. While the UK will gain control of its exclusive economic zone as an independent coastal state, the fish that live in these waters will continue to cross between borders and are therefore not the sole responsibility or property of the UK. I have referred to this previously, as have other noble Lords. As the noble Baroness, Lady Jones, said earlier, we are all on the same page here.

The purpose of the amendment is to set clear sustainability criteria in relation to negotiations with other countries to ensure that a clear and robust process can be developed to prevent overfishing. The amendment also requires authorities to set fishing limits in line with sustainable levels for any other stock that is not subject to Clause 23(1), including stocks that are not shared with other coastal states.

The Fisheries Bill must have a strong focus on the UK’s domestic and international commitments to rebuild healthy fish stocks and recover, restore and protect marine habitats and species, enabling the sustainable management of shared resources in co-operation with international partners. This represents international best practice as set out in the common fisheries policy regulation, the United Nations Convention on the Law of the Sea, the United Nations fish stock agreement and its sustainable development goal 14. All of these highly respected and reputable international organisations cannot be wrong in wishing to see best practice and fish stocks preserved.

Article 2 of the common fisheries policy commits the EU not to set catch limits above MSY by 2020, but this same commitment has not been included in the Fisheries Bill. While MSY is not the only measure, it is important. Instead, there is a simple aspirational objective to achieve a healthy biomass for stocks as set out in the precautionary objective in Clause 1(3)(b). However, it is not legally binding and lacks a timeframe for when it should be delivered. This is a regression in standards from the common fisheries policy and not one that future generations would wish us to sign up to. It is vital to protect against short-term political pressure to set catch limits higher than scientific advice, which will lead to overfishing.

--- Later in debate ---

In summary, although I know that the noble Baroness has all the best intentions in this, the Government think that as drafted this risks unacceptable consequences—unintended by the noble Baroness, I am sure—for our country. Given our existing obligations under international law, we feel that this is not required. As I say, I have taken on all the points made and understand the spirit in which they were made, but on this occasion I respectfully ask whether the noble Baroness feels able to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville]

I thank the Minister for his response and all noble Lords who have contributed to this short debate. I say to the noble Baroness, Lady Worthington, that my granddaughter is also addicted to “Octonauts”; I quite like it as well.

I have heard what the Minister said and the difficulties around imposing MSY or some other very strong sustainability criteria. This is an issue that noble Lords across the whole House are extremely concerned about. Sustainable stocks are absolutely vital to the fishing industry. I understand the argument will be made that fishermen will want the fish to be there so that they can catch them, but sometimes that leads to overfishing of some stocks. I am grateful for the reassurance that the joint fisheries statements are legally binding documents, but we do not have them at the moment and it is possible that some of these statements will take a little while to come in. In the meantime, we need to be assured that sustainable fishing will take place. I completely agree that sustainable fishing leads to vibrant communities, but we need to maintain sustainable fish stocks across the board.

Given the number of times we have debated this, I feel certain that we will return to this in some form or other on Report, but in the meantime I beg leave to withdraw the amendment.

Amendment 93 withdrawn.

Agriculture: Genome-edited Crops

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 4th March 2020 Lords Chamber

[Lord Gardiner of Kimble]

Obviously, much of what we want to do is to work with the rhythm of nature. The point I was seeking to make earlier about gene editing is that, in particular where it merely escalates a natural process, there is an advantage to it. In terms of enhancement of the environment, we want to get disease-resistant crops and to improve animal welfare. A lot of the research is in order to assist things that the noble Baroness would support.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, how will the Government regulate and monitor cross-contamination of so-edited crops, which will not be grown universally in the agriculture industry, to make sure they do not affect biodiversity and overrun existing species?

[Lord Gardiner of Kimble]

This is why we rely on the best science and have a science-based approach to how these matters are regulated. Clearly, confidence that this is about enhancing and helping the environment is the pitch by which we think that certain gene-editing activity and research could be extremely beneficial. It is eminently compatible with helping agriculture and the environment.