Genetic Technology (Precision Breeding) Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Committee stage
Monday 12th December 2022 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Baroness, Lady Jones of Whitchurch, gave a very good introduction to these two amendments. Several of the speakers at Second Reading referred to the benefits of gene editing to enable crops to be hardier with regard to resisting drought and flood and the ability to repel insects. It is obvious to all that climate change is having a dramatic effect on crops; in many cases, it is devastating. Unlike the noble Lords, Lord Winston and Lord Krebs, my technical knowledge on gene editing is woefully inadequate. However, I will do my best.

Not only in England but in other countries as well, farmers are finding their crops destroyed by the forces of nature, which they are powerless to combat. In many cases, this has led to a shortage of crops to feed indigenous populations, resulting in food loss and, in some instances, the starvation of large numbers of populations. Attempting to ensure that crops are more resilient is important. However, at the same time, it is essential that the natural cycle of our wild plants is protected. Both the Agriculture Act and the Environment Act focused on the loss of biodiversity in our natural habitats in fields and hedgerows. The environmental land management schemes are intended to help biodiversity recover so that natural species of plants, birds and small animals recover to a sustainable level. However, if the gene editing of crops and plants affects ecosystems to such an extent that it alters their natural cycle, this will undoubtedly have an effect on wild flowers, which in turn will affect birds and small mammals.

This comes down to the precautionary principle and ensuring that action taken as a result of this Bill is closely monitored and does more good than harm. When moving forward with technology, which although tested is likely to move more quickly than traditional methods in the past, the prevention principle should also form a part of the equation.

The noble Baroness, Lady Hayman, spoke eloquently at Second Reading of the last time gene editing was debated and how the debate got bogged down to such an extent that it had to be abandoned. It is not our intention on these Benches to see this happen a second time. It is time to move on, but we are looking for safeguards for the future. Without the necessary safeguards, unintended consequences could be hard to reverse. The noble Baroness, Lady Jones, and the noble Lord, Lord Krebs, made very powerful points in their arguments, with which I agree. I hope the Minister will be able to give the reassurances which are sought around the workings of the advisory committee.

[Baroness Wilcox of Newport (Lab)]

My Lords, I apologise to the Committee for not speaking at the Second Reading of this Bill; I was not on the team at that point.

I am grateful to my noble friend Lady Jones of Whitchurch for tabling the two amendments in this group, which we understand to be probing amendments. As my noble friend said about Amendment 2, she is challenging how far technology is applied. Do we want to go beyond certain sectors? How far beyond agriculture do we want to go? Amendment 31 is about the wider environmental concerns and reporting on the potential disruption to the farming ecosystem, which could have adverse effects on other plants.

As several speakers noted at Second Reading, the use of gene-editing technologies in plants is far less contentious than in animals. There is not only a much larger body of evidence from research institutions, following years of trials, but that evidence points to the risks being substantially lower. However, even if the risks are lower and potentially easier to mitigate, we must remain mindful of them. Regardless of whether these technologies are used for plant or animal life, we are dealing with processes that accelerate natural events and which may have—we have already heard this phrase—unintended consequences. Indeed, I have heard that phrase in your Lordships’ House over and again during the process of many Bills this Session. It seems to point to an uneasiness with what is being proposed and a lack of thinking things through during the process of legislation.

One imagines that the bulk of releases and marketing authorisations under this legislation will relate to agricultural products. If we can produce certain crops in a more efficient manner, or make them less susceptible to increasingly frequent extreme weather events, that could be a good thing. But we must remember that agricultural crops live alongside wild plants—grasses, wildflowers, trees and hedgerows—all of which have their own important roles in the natural world and in the careful and precious ecosystem. These amendments allow us to consider how new gene-edited varieties of crops will live alongside and interact with other types of plant life

It may be that there is a place for these technologies beyond agriculture, such as making certain tree species less susceptible to disease. I remember well, as leader of Newport City Council, when we had to deal with the significant problem of ash dieback. Large areas of ash trees were felled, with a significant impact on local wooded areas. We had a policy of planting two trees for every tree cut down on land we were responsible for, so felled ash trees were replaced with other suitable trees. If technology could help prevent such drastic measures, that can only be a positive thing.

Regardless of the precise applications of the technologies, it is not clear that the Bill as drafted takes full account of the potential consequences of new plant varieties once they are released. The Government’s environmental land management schemes and other initiatives are trying to halt the steady decline in our biodiversity which has been caused in part by the loss of meadows and hedges and the habitats they sustain. These efforts are hugely important, and there is a role for gene-edited plant varieties as we seek to achieve that goal. However, concerns have been raised by experts in this Committee that seemingly minor changes to agricultural, forestry and other land management practices arising from the use of new plant varieties could inadvertently have significant impacts on soil quality and wildlife in the medium to long term. These amendments provide the Government with an opportunity to address these concerns and outline how they will ensure that this new regime fits into efforts to protect and enhance our natural environment. I urge the adoption of them by the Government.

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[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Krebs, have spoken eloquently to this small group of amendments. The technical aspects of the Bill are complex and he has already mentioned the matter raised by the Royal Society. If a new seed variety is developed using GMOs, as he said, it has greater intellectual property rights than one that is developed using other breeding technologies. If some genome-edited products are not treated as GMOs, they should enjoy no greater intellectual property protection than the products of traditional breeding technologies, such as plant breeders’ rights.

The whole issue of novel foods is affected by the Bill and these amendments. The Royal Society believes that those in the plant breeding industry need to be able to breed from each other’s varieties, and it would not be in the public interest if the adoption of genome editing for crop improvement were to compromise the ability of plant breeders to make crosses with each other’s varieties. I am really sorry that the noble Lord, Lord Taylor of Holbeach, is not here because I feel he would be interested in this section. The ownership of intellectual property needs to be addressed before the Bill moves forward to Report. I agree completely with the noble Lord, Lord Krebs, and I look forward to the response of the Minister.

[Baroness Wilcox of Newport (Lab)]

I am grateful to the noble Baroness, Lady Bennett of Manor Castle, for tabling Amendment 12, and to the noble Lord, Lord Krebs, for tabling Amendment 74, which my noble friend Lady Hayman of Ullock was pleased to sign. Issues around intellectual property were not explored in any detail in another place; nor did the topic feature heavily in the Hansard report of Second Reading. Some may argue that such matters are pushing the scope of this legislation, but we believe it is vital that all interested parties understand the regimes that will apply once the Bill is passed and enacted.

For a product to make it to market, it will have been subject to research, testing, scaling up and the release and marketing processes laid out in the Bill. This will involve significant costs for those who develop the technologies and associated products. We understand that they will want to protect that work and the underlying financial investments to the best of their abilities. On the other hand, for this process to be successful, we need to see fair prices for the farmers who will utilise these technologies or the new plant and animal varieties that arise from them. At present, it is not clear what IP regimes will apply. We can make assumptions, but there is no certainty. As a result, we do not know how many players will bring these new products to market, nor how many farmers will be able to afford them. Amendment 74 offers a way forward, requiring the Secretary of State to publish guidance on these matters prior to bringing the bulk of the Bill’s provisions into force.

These matters are incredibly complex and perhaps not best dealt with through additions to the final version of the Bill. However, this is Committee, and we hope that the Minister will be able to provide an indication that this work is not only in progress, but that appropriate guidance will be in place at the earliest opportunity.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

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

My Lords, this group of government amendments relates to the rural development regulation and would allow the devolved Administrations of Wales and Northern Ireland to operate once the EU programmes of financial assistance have ceased. It will be extremely important for the rural development regulation to continue and for fruit and vegetable producers to be supported.

As I understand it, the amendments would, under the withdrawal agreement, roll over both retained EU legislation to cover existing programmes and a large number of programmes on which the farmers of the devolved Administrations rely. They cover apiculture in Northern Ireland and Wales, and some consequential amendments cover England, Wales and Northern Ireland only; another includes Scotland as well.

As the Minister indicated, the devolved Administrations are in agreement with these amendments. I note the comments of the noble Lord, Lord Mann, on state aid and have some sympathy with them.

I generally welcome this large group of amendments. They give a lot of technical detail, as the Minister said. I hope that this will mean that slightly fewer statutory instruments follow on from this Bill. I also note the comments of the noble Earl, Lord Caithness, about whether this covers a gap and whether we should have known about it beforehand. Generally, however, I support all the amendments in this group.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, we welcome these technical government amendments, aimed at providing greater certainty over the state of legacy funding schemes and EU-derived legislation.

I appreciated the Minister’s technical explanations in his introduction. However, I would appreciate it if he could explain why these amendments have been tabled only at this late stage of consideration, given that the points they cover will have been on the department’s radar for quite some time.

A number of EU exit statutory instruments have been found to contain errors that have required correction by later instruments. Is there a mechanism for changes to be made to these provisions should any problems arise? We have spent a summer of U-turns, with a plethora of problems arising across government in a range of offices and service delivery and systems simply not working. Should it not be the case with good governance that problems are dealt with before they become a problem? I urge the Minister to use his expertise in these matters to look at these mechanisms again and ensure that changes can be made to the legislation in good time in this House.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville]

My Lords, this is the last group of amendments this evening—indeed, in Committee on the Bill. It seems like an age since we started on 7 July. I realised that the process would be slow and laborious, but never envisaged that it would be quite this long.

The Minister set out the Government’s amendments clearly. I commend him and the noble Baroness, Lady Bloomfield, on their patience. I share in the comments of other noble Lords congratulating the Minister on his part in steering this Bill through the House. During the whole process, he has been extremely calm, collected and diligent.

The amendments relate to minor changes in the text to ensure that the commencements listed under Clause 53 will be operational on the day the Act is passed and to provide the reassurance that farmers need. I am pleased that this group is so straightforward at the end of the Bill. Like other noble Lords, the noble Lord, Lord Grantchester, the noble Baroness, Lady Jones of Whitchurch, and I have been with it all the way and are looking forward to a break. I do hope that the noble Lord, Lord Grantchester, and the noble Baroness, Lady Bloomfield, will be able to get away and have a proper rest and a break—and not take with them their laptops, iPads or iPhones. I am grateful to my noble friends Lady Scott of Needham Market and Lady Northover for taking some of the weight.

I would normally say at this stage that I look forward to our debates on Report in September, but I think that would be stretching the truth beyond what is acceptable in your Lordships’ Chamber, so I will just wish everybody a restful August.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, this group of amendments relating to changes in the commencement provisions are, as noble Lords have indicated in the debate, about switching when various clauses and delegated powers come into force. Some stakeholders appear to have expressed concern that Amendment 299, which brings certain powers into force as soon as the Bill receives Royal Assent, means that there will be less scrutiny of the regulations and policy changes that will be brought forward. This should not be the case in your Lordships’ House, as they should still be subject to the standard parliamentary processes.

However, I have the following questions for the Minister to help to clear up any uncertainties and to ensure that this is on the record, should future ambiguities arise. How many regulations do the Government expect to be brought forward? How quickly will this happen? Can the Minister confirm that any regulations will be regular SIs, rather than made SIs, which come into force immediately and get formally green-lighted only later in the process? I would be grateful for verbal answers or answers in written form if the details need to be checked further.

That brings the scrutiny and amendments to the Bill in Committee to a close before the Minister speaks again. What an extraordinary introduction this first Bill that I have taken through the House in my role as Opposition Whip has been. I must note the superb support I have received from my noble friends Lady Jones of Whitchurch and Lord Grantchester and the guidance that our staff team has given me during this process. I thank all noble Lords for demonstrating knowledge and understanding of the issues in such detail throughout the seven days of debate on this significant Bill, and for clearly representing the value and importance of the forensic scrutiny evident in your Lordships’ House to the wider public realm. I must also add my thanks to the Minister and his Front-Bench team for the detailed and thoughtful answers given throughout the debates. I look forward to picking up on Report on the Bill with the Opposition Front-Bench team in September. I send every good wish.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

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

My Lords, devolution is the subject of this group of important amendments. The Minister set out the Government’s case on the functions for the devolved Administrations. The noble Baroness, Lady Finlay of Llandaff, spoke about the importance of transparency on the consultation and ensuring the agreement of the devolved Administrations. The noble and learned Lord, Lord Hope of Craighead, also spoke very knowledgeably about the need for consultation on Clause 40 with the devolved Administrations on the WTO Agreement on Agriculture. My noble friend Lady Humphreys spoke on the effects on the Welsh and the inclusion of Amendments 209, 261 and 262, which the Welsh Administration had requested. My noble and learned friend Lord Wallace of Tankerness gave the Scottish perspective from his considerable experience and knowledge.

The devolved Administrations had direct input into the CAP discussions with the EU. The UK Government are now taking this power to themselves as a reserved matter. The noble Lord, Lord Alderdice, spoke to the insertion of a sunset clause for Northern Ireland, which was moved very eloquently by the noble Baroness, Lady Ritchie of Downpatrick. The noble Lord, Lord Alderdice, believes that agriculture is a practical issue, not a partisan one. The devolved Administration in Northern Ireland should take up their own legislation on agriculture, and the sunset clause will assist this. Other noble Lords have spoken to this amendment along similar lines. I fully support the sunset clause, which brings Northern Ireland into line with the rest of the UK.

The noble Lord, Lord Wigley, spoke to his Amendment 290 very late on Tuesday; it would ensure that the Secretary of State creates a formal agriculture co-ordination council, which would be responsible for monitoring disputes on agriculture and food standards across the different areas of the UK. Other noble Lords have expressed support for this amendment. It is extremely important that this should be done while keeping in mind the relevant common frameworks that already exist. Can the Minister say just how many frameworks there will be? Will there be only three, as the noble Baroness, Lady McIntosh of Pickering, has indicated?

I fully support this group of important amendments. The noble Lord, Lord Empey, made a very powerful comment on the implications of the border in the Irish Sea and asked the Minister to acknowledge that. I look forward to the Minister’s response.

Finally, at the start of this group of 11 amendments on Tuesday evening, there were 24 speakers but, due to the lateness of the hour, seven Peers scratched their names from the list. Today, we are debating 41 different amendments in 10 groups, with the possibility of speeches from 137 noble Lords. We are rapidly approaching the point where everything that can be said about the Bill has been said, but not everyone has yet said it—although some have said it more than once. We must get to our target today; we do our reputation no good at all by dragging things out.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, this is an interesting group of amendments that raises a variety of issues in relation to how future agricultural policy will work in the light of the devolution settlements. It has been a pleasure to hear so many noble—and noble and learned—Lords contribute so widely and wisely to the debate.

I speak primarily to Amendment 290, in the name of my noble friend Lady Jones of Whitchurch. This is an evolution of an amendment tabled in the Commons and there are clear links with Amendment 291 in the name of the noble Lord, Lord Wigley. I agree with the comments made by my noble friend Lord Hain earlier in the debate. We have diverse systems in our four nations’ agricultural businesses that have been developed to match local needs. Wales may be different agriculturally, but the need to agree multiannual funding is indeed a key concern for us all. The Bill is a perfect chance for developing a shared opportunity for resilience in the sector across the UK.

So many noble Lords have spoken in this debate about the uniqueness of the agriculture industry and the way in which nature can impede upon the best-laid plans of the farmer, who has to deal with so many changing circumstances. Indeed, it is not without regret that I note that this would have been the week of my regular attendance at the Royal Welsh Show at Llanelwedd, where the best of the industry is evident. I therefore stress, again, that multiannual funding would go a great way to help to support farmers with uncertainties.

While there have been positive discussions between Her Majesty’s Government and the Welsh Government on the Bill, as highlighted by the government amendments in this group, there remain tensions with the Scottish Government, who may propose to the Scottish Parliament that legislative consent is withheld. On this point, there are general concerns over the level of specific engagement with the devolved Administrations in our post-Brexit realities. Indeed, this is highlighted by the recent publication of the UK Internal Market White Paper, which had worryingly little input from Wales, Scotland and Northern Ireland.

An agricultural co-ordination council, as proposed in this amendment by my noble friend Lady Jones of Whitchurch, would allow Her Majesty’s Government and the devolved Administrations to discuss common concerns, map disparities in policy between different parts of the UK and keep common frameworks under review. Such a body would be similar to the joint ministerial committees, a format that still technically exists but whose various incarnations seem to have met very infrequently in recent years, especially during this time of national pandemic.

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I spoke too soon about the fact that we may reach our target tonight, but we are nearly there. The noble Baroness, Lady Neville-Rolfe, explained her reason for tabling her amendment, which is about assured schemes. They are extremely important in improving food standards but, as she said, this measure could make or break some small food companies.

I have looked at the amendment and where it comes in the Bill, and I find it unnecessarily restrictive. It is important that the Secretary of State should consult those likely to be affected by the regulations in Part 5 on marketing standards, organic products and carcass classifications, but there is a limit. In previous debates, we heard that the UK lags far behind other European Union states in the incidence of organic farming. Most supermarkets have sections where organic produce is properly labelled and displayed, enabling shoppers to make an informed choice. It is important that we promote organic food.

In her amendment, the noble Baroness, Lady Neville-Rolfe, wants the Secretary of State to

“consult anyone reasonably likely to be affected by the regulations”.

I find “anyone reasonably likely to be affected” difficult. “Anyone” seems unreasonable. It is a catch-all that I am not sure can be delivered. I remember a case when a child regularly complained to a crisp manufacturer that he was not completely satisfied with the packet of crisps he had purchased. The packet stated that anyone “not completely satisfied” could have a replacement. The dialogue between this enterprising child and the manufacturer went on for some time until the manufacturer realised that it was dealing with a child and called a halt to it. I give this as an example of why we should be very careful about exactly what wording we have in Bill. The Secretary of State should consult but the question of with whom needs to be more tightly worded, otherwise he or she could consult the whole population.

[Baroness Wilcox of Newport [V]]

My Lords, we know that the vast majority of marketing regulations have been set by the EU in recent decades. As part of that process, there has been a healthy level of engagement with producers and consumers. The expertise on the subject demonstrated by noble Lords this evening is extremely incisive, as evidenced in the opening proposal of the noble Baroness, Lady Neville-Rolfe.

In future, when we are outside the European Community, although the rules will be retained immediately after the end of the transition period, there will be scope for the United Kingdom to depart from that way of working either incrementally or wholesale. Whatever the scale of that change may be, it will be most important to understand what information consumers will want from producers and what the cost and bureaucracy of such requirements will be in the short, medium and longer term.

A Government would not change any other major areas of regulation without first consulting and before laying a summary report on responses before Parliament, so it is curious and somewhat remiss that no requirement to consult is built into the Bill as drafted. We therefore support Amendment 257.

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, my noble friend Lord Greaves has set out his case for the inclusion of Amendments 140 and 141, supported by my noble friends Lord Tyler and Lord Addington, both of whom pressed the case for an assessment of what constitutes “public goods”.

Amendment 140 would require financial assistance to be provided on the basis of public money for public goods, and it requires the regulations to be subject to the affirmative resolution. More examination is needed of exactly what the Government mean by “public goods” and how that will be defined. It could mean myriad things.

Amendment 141 would give clear instructions to the Secretary of State to order owners and managers of land to take part in a project—that is, a coastal marsh creation or a large-scale moorland restoration—in which they do not wish to participate.

The noble Baroness, Lady McIntosh of Pickering, supports both amendments. She is aware that there are often disputes between tenants and landlords that need to be sorted out. My noble friend Lord Addington said that even small landowners and not just large ones are very wary of change and will often object to taking part in projects. The noble Lord, Lord Cormack, raised the importance of scrutinising the Bill and of taking time to do it. I do not think that we can be accused of not doing so. As he said, farming is extremely important.

It is important that such vital projects for land improvement are not thwarted by individual landowners, but I am less clear that the degree of compulsion is in the spirit of the Bill. I look forward to the Minister’s response on this issue.

[Baroness Wilcox of Newport (Lab) [V]]

I thank all noble Lords who have spoken. We have had a varied debate but I wish to raise some further points and questions.

The Government’s communications on the Bill have focused on the principle of public money for public goods—a principle of almost total consensus. However, our current understanding of what constitutes “public goods” is fairly limited and, although widely used in this debate and the previous one, it is not a term used in the Bill. Although Chapter 1 outlines the purposes for which money can be given, our understanding of “public goods” probably differs according to our political emphasis. For example, my party would have a greater focus on food as a public good. It is a long time since I studied A-level economics, but I am sure that I remember a discussion centring around the fact that public goods are particularly apposite to sustaining a well-ordered society. They contribute to social inclusion and strengthen a shared sense of citizenship. In fact, it was debates such as those that fired my interest in politics and led to a lifetime spent working in public service. Therefore, will the Minister seek to define the phrase for the purposes of this legislation?

Amendment 141 proposes introducing an ability for the Secretary of State to order a landowner to participate in a large-scale tier 3 scheme. The Bill already represents a huge shift in how farmers are funded and this process will be much easier if it has the consent of landowners. Can the Minister therefore outline what powers are already available in the event of an owner or land manager refusing to participate in a scheme, even when there is a clear public interest in that scheme going ahead?

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, these two amendments in the names of the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lord, Lord Campbell-Savours, deal with the identification and traceability of animals. The highest standards of traceability are essential. The British public, whether they live in Northern Ireland, Wales, Scotland or England, are very interested in where the food they eat comes from. Does the pork in their sausages come from Denmark and Holland, or does it come from British pigs raised in outdoor fields? Does the steak they buy for supper on Saturday come from beef cattle raised in Hereford, in Devon or north of the border in Scotland? The purchaser is generally interested, so it is important that all animal food products are properly labelled as to the country of origin.

Small independent butchers and farm shops proudly announce where the meat they are selling that week has come from; which local farm has produced the lamb, which the pork, et cetera. The information is vital to their survival and to that of the farms that supply them with meat. The proper labelling of meat and meat products is going to be all the more important as the UK enters into trade deals with countries outside the EU. I hope the Government will rise to this challenge and provide the transparency that we are all seeking and set up an animal food traceability authority.

[Baroness Wilcox of Newport [V]]

I thank all noble Lords who have spoken in yet another detailed debate this evening, with expertise and enthusiasm equally displayed. The identification and traceability of animals is hugely important for a variety of reasons, including but not limited to food safety and consumer confidence.

Amendment 208 envisages the establishment of a dedicated public authority to carry out a variety of duties in relation to the identification, the movement and the health of animals, with a particular emphasis on enforcing marketing standards. Given the importance of how food is marketed, and the potential implications for public health should something go wrong, there is merit in having a body responsible for this. I am grateful to my noble friend Lord Campbell-Savours for bringing the House’s attention to the work he completed in another place many years ago on the movement and traceability of animals. He rightly asks what the purpose and construct of the new data collection service is, as well as several other important questions, seeking assurance that the current high-quality service already established in Workington is retained.

The power to establish such a body and confer functions exists in the current drafting, but it would help the Committee if the Minister could outline how it is envisaged this process would unfold, including indicative timings. Will the body be created from scratch, or will functions simply conferred on an existing organisation? Is there potential for different responsibilities to reside in different places—perhaps not Yorkshire—and, if so, how will day-to-day operations be co-ordinated?

Agriculture Bill

Debate between Baroness Bakewell of Hardington Mandeville and Baroness Wilcox of Newport

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville [V]]

The amendment in the names of the noble Earls, Lord Caithness and Lord Shrewsbury, seeks to allow farmers to have compensation for damage caused by some public access. I have a lot of sympathy with this amendment. There have been many times when, walking footpaths, I have seen saplings damaged, litter strewn around and gates left open. The National Trust, during lambing season on its land, warns walkers to shut the gates and keep their dogs on the leash. Most do this, but occasionally some thoughtless person does not.

We heard in our debate on Tuesday from the noble Earl, Lord Devon, and other noble Lords, who gave some examples of damage done by those who treat the countryside carelessly, and the noble Earl, Lord Caithness, gave more details today about the litter left at Durdle Door and Bournemouth. In April 2019, the National Trust issued a plea for the public to follow the Countryside Code after a fire started by a barbecue tore through Marsden Moor, destroying blanket bog and vital habitats for ground-nesting birds. It is estimated that more than £200,000-worth of investment in restoring wildlife habitat in the area has been lost. Curlew and mountain hare populations are believed to have been hardest hit by the blaze, which covered more than 1,500 hectares. People can make all the difference in limiting this risk by just following simple measures included in the Countryside Code.

I envy the noble Earl, Lord Shrewsbury, living as he does so close to Dovedale, which I have visited on several occasions. Fly-tipping is a scourge and should be heavily penalised. Often it is down to sheer laziness on the part of the perpetrators. Clearing up after visitors and fly-tippers can cost landowners and farmers many thousands of pounds.

Some of your Lordships have advocated notices warning walkers to keep gates shut and respect the land they are walking on. However, on Tuesday, the noble Viscount, Lord Trenchard, felt that the countryside would be spoiled if it was, as he put it, “littered with signage”. Signage is not as intrusive as fire damage. It is much better to have signs inviting people to be more careful and not damage the countryside than to have it ruined by thoughtlessness.

The noble Lord, Lord Cormack, promotes compulsory education of a countryside code or a passport for young people. It is certainly true that the younger people are when we educate them into respecting the countryside, the better that will be. However, I would not make that compulsory. Those living in blocks of flats are unlikely to have been to the countryside; nor, sadly, are they ever likely to go. A much better way would be to promote and regenerate the Duke of Edinburgh’s scheme, which, due to a lack of youth service funding in many areas, no longer takes place. That is an excellent way to encourage young people into the countryside and into respect for it.

If damage, including littering, is done, landowners should be compensated and the perpetrators found, prosecuted and fined to help cover the cost of rectifying the damage they have caused. The legislation is there for this to happen now but it is not enforced, and it should be. ANPR could help with that, as the noble Lord, Lord Rooker, said. I have sympathy with all noble Lords who have spoken in this debate, but I fear that the noble Earl, Lord Caithness, probably did not help his case with some of the examples that he mentioned. Nevertheless, I support this amendment.

[Baroness Wilcox of Newport (Lab) [V]]

This amendment is to examine whether, or indeed how, a better balance can be struck between the interests of landowners and members of the public who wish to access the countryside.

The ability to access so much of Britain’s countryside is one of our great national traditions, and it plays an important role in leisure, education and our wider economy. I am indeed fortunate to live in a country within the wider UK where so much natural beauty is literally on my doorstep. From the Vale of Usk to the Brecon Beacons and the magnificence of the post-industrial south Wales valleys, the beauty and elegance of our countryside is a joy and treasure that must be protected and balanced for the preservation of our future generations. Indeed, as noble Lords have noted in the debate, rights and responsibilities must be evenly balanced. As a former leader of a local authority, when residents’ complaints came in, I was often quoted as saying that the council does not have a littering department; it is in fact people who litter their rural and urban environments and leave it to councils to clear it up afterwards.

The Countryside Code is a readily available and easily accessible document which aims to ensure that guests are respectful of the local community and to continue the preservation of the condition of the countryside. In addition, we welcome the fact that a revised Covid-19 code was published in an attempt to drive home the key messages at a time when more people may have been visiting the countryside. We hope this simpler messaging will be carried forward, even as the public health situation improves.

However, as with any form of ownership, owning land involves a balance of rights and responsibilities; rights of access are established, and the responsibilities and costs associated with them should therefore not come as a surprise to the landowner. As my noble friend Lord Rooker said, access is here to stay but it has to be managed, and serious fly-tipping must be followed up and traced back to where it came from. Indeed, the police should take a greater role in such enforcement. There may be some merit in exploring what more can be done to minimise extra costs on landowners, but that should not necessarily come at the expense of wider support for agriculture and horticulture.

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the amendments from my noble friend Lord Greaves in this group encourage financial assistance for the reintroduction of native species or animals and plants that have become extinct, and I thank him for the opportunity to debate this. He has set out what rewilding is and what it is not.

The noble Lord, Lord Inglewood, mentioned the rewilding at Knepp. This has led to a large number of rare and beautiful butterflies and insects returning to the land. The Rare Breeds Survival Trust provides the information that, between 1900 and 1973, the United Kingdom lost 26 of its native breeds of livestock. I welcome the return of the red kite, the sea-eagle and the golden eagle in Scotland. The breeding programmes for these birds require a delicate balance. I agree with the noble Lord, Lord Cormack, about the beauty of these birds.

Currently, there are about 30,000 herds and flocks of native breeds in the UK. They contribute over £700 million to UK local economies. Native breeds were bred for the British landscape and can thrive on even marginal grassland with a minimum of expensive inputs. It is important to preserve our national identity and heritage and, where possible, to reintroduce native breeds. All this can assist biodiversity, as my noble friend Lady Scott of Needham Market has said. Balance is everything, and butterflies are much more welcome than beavers.

The Crop Protection Association tells us that the crops that our farmers grow must compete with around 30,000 species of weeds and 10,000 species of insect pests and countless diseases. However, statistics show that nine out of 10 adults in England are concerned about the increasing threats to the natural environment, with nearly two-thirds specifically worried about biodiversity loss. Farmland birds have declined by 54% since 1970. So is now the time to be thinking about rewilding schemes?

A huge amount of investment is needed to get rewilding started, and often huge grants are required to keep the funding going. As the noble Lord, Lord Lucas, has indicated, that could be through fencing. In the last couple of years, there has been an increased interest in rewilding from landowners, including farmers, not only here in the UK but throughout Europe and indeed across the world. However, it is not a short-term fix and it has proven to be economically unviable on a large scale. It is undoubtedly true that rewilding has a place in agriculture and in the make-up of our land as we go forward, but the way in which it will be funded is not straightforward.

The Rare Breeds Survival Trust tells us that the meadows and pastures we value so much came into being because they were grazed by our native livestock. If we want to restore or even create more of them then the Government should be incentivising farmers to keep native livestock, but a softly-softly approach is needed. In addition, native cattle, with their unusual appearance, horns, long coats, colours and so on, add much to the quality of the landscape.

Wholesale rewilding without thought to neighbouring landowners and farmers is not likely to find favour. It is undoubtedly true that the countryside is a much more interesting and attractive place when it has been rewilded, but will that be sufficient for the practice to become more widespread than is currently the case? I look forward to the Minister’s comments, as I am in two minds about this group of amendments.

[Baroness Wilcox of Newport [V]]

I thank all noble Lords who have spoken. We have had a very interesting debate on this amendment. While the core focus of the Bill is on agriculture and horticulture in terms of food production and environmental improvement, the cultural and heritage aspects of agriculture also deserve our attention. We therefore welcome the tabling of Amendment 19, which would support the reintroduction of native species that have become locally or nationally extinct. I note the comment by the noble Lord, Lord Greaves, that that does not include bears and wolves but, as the noble Lord, Lord Cormack, said, we already have wild boars in nearby Gloucestershire. I am delighted to inform noble Lords that Wales is one of Europe’s best wildlife watching secrets and can rival anywhere in the world. These wonders might be anything: rare sightings of ospreys, a frenzy of red kites, the world’s largest Manx shearwater colonies or one of the best places in Britain to see puffins and porpoises.

On Amendments 52 and 102, we are indeed sympathetic to the arguments for providing some form of financial assistance to large-scale rewilding schemes where such schemes would bring tangible benefits in terms of biodiversity. Could the Minister confirm what schemes, if any, are already available? What kind of budgets do such schemes attract? Is it his opinion that such schemes fall within the scope of the Bill, or do powers to initiate or fund exist elsewhere?