Fisheries Bill [HL]

Baroness Byford Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Lord Cameron of Dillington]

My Lords, as far as I am concerned, I am dealing only with coastal fisheries and marine fish.

[Baroness Byford (Con)]

My Lords, I looked at this very carefully as it is a fairly concise amendment. I picked up on the three words—and indeed, the noble Lord, Lord Cameron, has kindly enlarged and reflected upon them—“any public authority”. That, to me, is huge, as there are so many different aspects of public authority. It goes on to say

“having any function relating to fish and aquaculture activities … must exercise its functions in order to achieve the fisheries objectives.”

I have no disagreement with the noble Lord, or indeed with other Members who have spoken on the need for sustainability; that is, I hope, accepted around this Chamber. But I was a little alarmed. I started noting down county councils, local councils, borough councils, police and all sorts of different authorities. I wonder whether the noble Lord would consider slightly narrowing his expression. Knowing the immense pressures on so many of these authorities at this time, I wonder if it is not a step too far. While I accept in principle the thrust of what he is trying to do, I think that referring to “Any public authority” having “any function” is too open-ended and goes a bit too far.

[Lord Mackay of Clashfern (Con)]

My Lords, I see the need for something like the amendment tabled by the noble Lord, Lord Cameron, but I find it difficult to believe that any public authority will necessarily have the power to

“exercise its functions in order to achieve the fisheries objectives.”

Is an authority supposed to cover all of them, part of them, or what? I cannot see how that can work, where there are different authorities, some of which have a marginal connection with fisheries and aquaculture—such as the enforcement authorities, for example. I have tried, in a later amendment, to approach this subject in requiring the plans to set out how they have integrated the fisheries objectives.

Rules for Direct Payments to Farmers (Amendment) Regulations 2020

Baroness Byford Excerpts

Tuesday 3rd March 2020 Grand Committee

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

My Lords, I declare my farming interests as set out in the register. I hope that it will be helpful to your Lordships if I speak to both the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 and the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020, given the close connection between the two instruments. These instruments amend retained EU law governing the direct payment schemes for farmers for the 2020 scheme year. This EU law was brought into domestic law on exit day by the Direct Payments to Farmers (Legislative Continuity) Act 2020, which, as noble Lords will remember, we have debated.

These statutory instruments address operability issues in retained EU law so that it can continue to function effectively in the United Kingdom for the 2020 scheme. The instruments make purely technical amendments to fix inoperabilities, and I should emphasise that they do not make policy changes. They use the affirmative procedure and I would like to explain why this was necessary. They could not have been made any sooner as they could be made only after the parent Act received Royal Assent, which was just before exit day. The instruments needed to be in force on exit day, at the same time as the relevant direct payments legislation was brought into UK law. This has ensured a seamless transition from EU law to UK law. It has meant that the Government and the devolved Administrations can continue to operate effectively the 2020 scheme, which began on 1 January, therefore avoiding any disruption to farmers. Significantly, these instruments ensure that the UK Government can meet their commitments to funding in the agriculture sector. The Government have announced nearly £3 billion in funding for direct payments to UK farmers for the 2020 scheme year.

The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 make operability amendments to the retained EU Regulation 1307/2013, which is the main direct payments regulation establishing the high-level framework required to make direct payments to farmers. It also amends two delegated and implementing Acts under this regulation which together set the detailed scheme rules for direct payments. Finally, it makes minor operability amendments to an existing statutory instrument related to direct payments in England. It is worth making it clear that the direct payments legislation being amended by this regulation was brought into UK law only for the 2020 scheme year, not for prior years, so this instrument makes amendments only in relation to 2020 direct payments.

The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 make amendments to the retained EU Regulation 1306/2013. This is the main “horizontal” regulation that sets the overarching framework for how the CAP is administered, including direct payments. It also amends four delegated and implementing Acts under the main regulation, which together set the detailed rules necessary to finance, manage and monitor the delivery of the CAP schemes. Finally, it makes minor operability amendments to an existing statutory instrument in relation to direct payments in England.

It is important to recognise that the EU legislation being amended by this regulation was brought into UK law only in so far as it relates to 2020 direct payments and not to other parts of the CAP. Therefore, this statutory instrument amends only the parts of the legislation which relate to the 2020 direct payments. The list of regulations amended by these instruments can be found in paragraphs 2.2 and 2.3 and Annexe 1 to the accompanying Explanatory Memorandum.

The amendments include replacing EU terms with domestic equivalents. For example, references to “Member States” have in most cases been replaced with the term “relevant authority”. The SIs define a relevant authority as meaning the Secretary of State, Scottish Ministers, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. The instruments in most cases confer powers to make legislation which once sat with the European Commission on either the Secretary of State or the relevant authority.

The amendments also include removing provisions which are not applicable in the UK, such as references to the payment for cotton and administrative processes which lose their purpose outside the EU context; for example, the requirement to send information to the Commission.

More specifically, the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 remove the power to fix spending ceilings for individual direct payment schemes. In a domestic context, it is unnecessary to set such individual ceilings in legislation, particularly given that the schemes are administered at the devolved level.

The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 remove from retained EU law the EU’s processes for managing its budget and remove or amend the EU’s auditing and accounting rules.

Except for the amendments made to the domestic statutory instruments, which apply only in England, these SIs cover all four parts of the United Kingdom. We have worked closely with the devolved Administrations to produce the instruments and they have given their consent to them.

In summary, the instruments allow the retained EU law to function effectively so that the Government and devolved Administrations can continue to operate the 2020 direct payment schemes for farmers. I beg to move.

[Baroness Byford (Con)]

My Lords, I thank the Minister for introducing the regulations. I thank him, too, for the Government’s commitment to give £2.852 billion to ensure that the programme continues. I should declare a family interest in farming in Suffolk, where we are recipients of basic farm payments and stewardship funding.

The instruments speak for themselves. I have no queries with them; the legislation as it stands is fine. However, is the Minister confident that the payments will be made at the right time and in the full amount? I refer not just to the basic payments but to payments on the stewardship side, which has not had a good record in recent times. I understand from farming colleagues around the country that they are still waiting for some of those payments to be made. Perhaps the Minister can tell us how many are outstanding and when they will be paid. My worry is that the Government will find that fewer people enter those schemes because they fear that they will not be paid at the right time. That would be a great shame because we are trying to encourage a greater number of environmental projects within food production.

Given the flexibility within the instruments, might the Government rethink their stance on the three-year crop rule in the light of recent circumstances? I have in mind particularly the flooding that we have had. At the moment, we are supposed to rotate crops within a three-year period, but given the flooding—which remains a key issue in Lincolnshire, Yorkshire and other areas where crops are still standing in the fields, with little chance of farmers getting them out or being able to plant spring crops—is there flexibility within the system to make any allowances for that?

I have a direct question for the Minister on flooding. I know that emergency payments are allowed, and that some may have already been paid of which I am not aware. Within these rules, may some flooding assistance be given to the farmers who are in such dire straits at the moment?

I noticed in particular Regulation 7(10). I think the exchange rates are undecided at this time. Can the Minister tell us whether the exchange rates will be honoured in the same way between the four devolved Administrations? Clearly, it would surely be wrong to have one system in England and another in Wales and in Scotland. Will he comment on that?

On Regulation 7(6), I see that the Government of Wales have paid an amount to small farmers, and in Scotland beef and sheep farmers have been given assistance. Where will that balance take us? Are there plans to assist farmers in England, who are not represented in that way?

Lastly, I turn to payments. The Minister has a farming background and I am sure he realises that we need to ensure that payments given to farmers this year, let alone next year, are equal across the four devolved Administrations; otherwise, we will have unfair trading circumstances, which I know the Minister would not want to encourage.

Having made those few comments, I return to where I started: I welcome these regulations, and it is important that they are passed by the House. I have no difficulty with what is in them, but they raise other questions, which I have been able to ask this afternoon. I thank the Minister for introducing them.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the Minister for bringing forward these regulations; it would be a very brave man who stood between the farmer and his payments this year. I am also very grateful to my noble friend Lady Byford for setting out her concerns.

Anybody who has travelled from Scotland or the north of England down to London by train or car will have seen the amount of damage caused by the floods. Like my noble friend Lady Byford, I make a special plea for a sense of urgency on the three-crop rule. I hate to say this in mixed company, but I pay tribute to a previous Secretary of State, under a different Administration, Hilary Benn. He visited the Great Yorkshire Show and, on the same day, went back to London and lifted a similar provision that prevented farmers going on the land. The circumstances were similar, although it was a different time of year—July—and I forget which year it was.

My understanding is that the Government are actually discouraging anybody from applying for a specific force majeure provision. There is a very real concern that, eventually, the RPA will be inundated with potentially thousands of applications, given the scale of the problem this year.

I also understand that those who are seeking farming recovery fund financing are experiencing delays. I appreciate how hard my noble friend and his department are working at the moment—he was in the Chamber until very late yesterday, as indeed we all were—but anything that his department can do would be appreciated.

My noble friend will be aware that Flood Re had limited financial capacity, and that no businesses, particularly small businesses, were included. This means that no farm can make an application for financing or insurance cover under Flood Re. Can that be looked at in some shape or form?

I know that this issue might be raised by others, but another statutory instrument is coming down the tracks to implement the Chancellor’s funding statement of 30 December. I do not know whether my noble friend can put a date on that.

--- Later in debate ---

This debate has taken us somewhat beyond the SIs, but it is really important to ensure that farmers have certainty in respect of the 2020 scheme. I will reflect again on the work we have done with the devolved Administrations. All four parts of the United Kingdom know of the importance of the farmer. I am reminded that it is always the farming community who turn out to help their communities in bad weather. They clear the snow with their tractors and help flooded communities. I think I can say that all of us are champions of farmers and food production. I hope that makes my comments extremely clear, given other reports.

[Baroness Byford]

My Lords, I am very grateful for my noble friend’s responses to the various questions raised. I am not surprised, but I am really pleased to hear him champion the need to produce food above all else. He kindly referred to the recovery funds following flooding and such things. My understanding is that, in the past, some of those payments have not been made until after the recovery happened. I do not know whether there has been a change of thought on that, because they need those payments most when flooding happens, not when they have recovered, if the Minister follows my line of thought. If he cannot answer today, I am quite happy for him to write to me, because this is crucial. As he knows so well, there is immense pressure on the health and well-being of many of our farmers. For some of them this is nearly the tipping point. It would be very helpful if he could clarify that.

[Lord Gardiner of Kimble]

My Lords, I obviously cannot make any commitments today, given the changing situation and floods in parts of the country that were not part of the further announcements. However, the unprecedented flooding in many agricultural parts of the country has obviously affected many towns and villages, as well as farmland. I will write to my noble friend, put a copy in the Library and send it to all noble Lords who have spoken in the debate. Providing an up-to-date version of what we plan to do on farm recovery would be the most helpful way to deal with that.

Fisheries Bill [HL]

Baroness Byford Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 2nd March 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, I apologise that I did not speak earlier in the debate, but I will read Hansard very carefully tomorrow. From what I gather, my noble friend has indicated that, for some stocks, we do not have data available, and some of the data we do have is 12 years old. I agree with the view of the noble Lord, Lord Grocott: I am excited by the Bill because it gives us an opportunity to move forward in a sustainable way. However, we need information on which we can base our assumptions. Will the Minister indicate where there are gaps in that information and what is being done about it? Referring to my noble friend Lord Caithness’s comments on the whole question of trade and standards, it is essential that we have information on which we can base the decisions we have taken. I have listened carefully to my noble friend and know that an enormous amount of work has gone on with the devolved Administrations—I am perhaps happier about that than some other Members of the House are—but we need as much information as we can get at this stage.

For me, sustainability has to be key: at the end of the day, you cannot fish if there are no fish. If we do not have the data and information that we need, how can we make the assumptions that we will be dealing with in the Bill? There is an amendment to come shortly on the question of discards, and we will return to this issue in that debate. I have one or two queries, but if the Minister cannot answer them at the moment, perhaps he will look into it—or somebody will—so that we have a better overall picture of the sustainability side before we come back on Report. That would be immensely helpful.

[Lord Gardiner of Kimble]

I made it clear that the precautionary objective already includes the clear objective to restore all marine stocks to sustainable levels. We are very clear that we need to work through all stocks—that is what the fisheries management plans are intended to do—so that for those stocks for which we do not have sufficient information, there is this precise precautionary objective. As my noble friend Lord Lansley referred to, there is a difficulty in trying to put these objectives in some order of priority. As I say, we are seeking to improve all stocks because the truth is that, at the moment, we do not have an assessment of all stocks. That is precisely why, picking up the point raised earlier by the noble Lord, Lord Grocott, it is an enormous opportunity for us to look now across the whole of the marine environment at all our stocks.

This will not be sorted out overnight; I do not think any noble Lord expects there to be a magic switch and, suddenly, we are now responsible and it can be turned around immediately. But the whole purpose of the structure that we have put in place is precisely to address the sustainability of all stocks.

--- Later in debate ---

I have tabled this probing amendment because it is extremely important to maintain the discards objective—in addition to a bycatch objective—in the Fisheries Bill, which will be elaborated later, and to ensure that there will be a meaningful implementation scheme to enforce it.

[Baroness Byford]

My Lords, I take the amendment very seriously. I will point the Minister in the direction of Clause 1(6)(c) refers to,

“bycatch that is fish is landed”,

and then goes on to say,

“but only where this is appropriate”.

I would be glad of some clarification of that. It continues that it,

“does not create an incentive to catch fish that are below minimum conservation reference size”,

and perhaps that is exactly what is meant by it. Certainly, we have had discussions over the weeks about discards, about which I think many of us are concerned. My question is on the phrase that they have used here. Is the Government worried that moving from the discard to the new bycatch will help to disincentivise people from catching fish that are below a minimum standard? Why was the decision made to change it from discarding to the particular wording of the Bill? When we come at a later stage to discuss how we can look at the way we record and know what is being discarded and what is being landed at ports, it will be immensely important. I am just a little bit unhappy with the wording that we have in subsection (6)(c), and would be glad of some clarification.

[Lord Grantchester (Lab)]

My Lords, I rise to speak to my Amendment 16, specifically on subsection (6) on page 2 of the Bill; it is grouped with this Amendment 3 on page 1, on the issue of discards, or “bycatch” as referred to in the Bill. It complements the tabling of Amendment 3 by the noble Baroness, Lady McIntosh of Pickering, which alludes to the inclusion of a dedicated objective on fish discards among the list of objectives. I also thank the noble Baroness, Lady Byford, for her probing on this.

For a variety of reasons, and as I am sure we will hear from the Minister, it is virtually impossible to avoid catching some of the wrong species—or, indeed, the wrong sized members of the right species—when fishing. There have been some great advances in techniques and technologies, but some degree of bycatch remains an inevitability.

The Bill's bycatch objective, which is lifted from the common fisheries policy, rightly seeks to reduce the catching of fish that are below minimum conservation size and to ensure a proper audit trail for those caught. The latter also raises issues around monitoring and recording; this will in turn contribute to better data that can be used to inform future quota decisions.

Paragraph (c) of subsection (6), which my probing amendment proposes leaving out, refers to allowing bycatches to be landed

“only where this is appropriate”

and an incentive to catch undersize fish is not created as a result of the landing. As we sought to make clear in our explanatory statement, we wish to understand the circumstances in which Ministers believe the landing of bycatch will be “appropriate”. Presumably this is meant in the context of the landing obligation, in order to prevent fish simply being discarded back into the sea—a practice which we have fought for many years to bring to an end.

If this is the case, would it not be better for the Bill to be explicit in this regard, and for the references to the prevention of incentivising the landing of bycatch to make clear that such fish cannot be sold for human consumption, thereby producing an economic benefit? Or, if the phraseology does not relate purely to the landing obligation, perhaps the Minister could outline which other circumstances are deemed as being appropriate for landing bycatch at ports?

We are very much probing at this stage of proceedings, but I think I speak on behalf of many across your Lordships' House when I say that we need confidence that, whether we use the terms “discards” or “bycatch”, the Government and devolved Administrations will be properly equipped to build on recent progress and answer the wider probing made by the noble Baroness, Lady McIntosh of Pickering.

Fisheries Bill [HL]

Baroness Byford Excerpts

Committee stage
Monday 2nd March 2020 Lords Chamber

Moved by

[Baroness Byford]

5: Clause 1, page 1, line 11, at end insert—
“( ) the collaborative objective.”Member’s explanatory statement
This amendment ensures that collaboration with external authorities is included in the fisheries objectives.

[Baroness Byford (Con)]

My Lords, I have the great pleasure of speaking to the amendments standing in my name and that of my noble and learned friend Lord Mackay of Clashfern. Unfortunately, he is delayed. He had hoped to arrive in time, but I have the pleasure of moving the amendment anyway. Together, the two amendments call for collaborative working on the Bill. While in our earlier discussions we asked whether 10 objectives were plenty, here we are calling for one extra. To a certain extent we will understand if, standing alone, it is not accepted. However, the point behind collaborative working is very important.

Amendment 5 speaks for itself, so I turn to Amendment 26, which itemises the intentions behind this whole idea. The “collaborative objective” is to ensure that

“the fisheries policy authorities receive guidance on fisheries management from the fishing industry, scientists and other relevant stakeholders.”

That engagement has not been as close as it could have been over the years. The amendment would provide the opportunity to establish a proper common base on which these decisions can be made. Proposed new subsection (9B) says that guidance under proposed new subsection (9A)

“must be formally established and shared by a consultative group”—

in other words, there will be a direct link to make sure that it is established and that working together happens. Proposed new subsection (9C) states:

“Within six months of the passing of this Act, the Secretary of State must issue a consultation on the establishment of a consultative group under subsection (9B) or an alternative vehicle for producing guidance under subsection (9A).”


I am very grateful to the National Federation of Fishermen’s Organisations for its help in putting this amendment together. If my noble friend the Minister cannot accept it, I hope he will look carefully at what is being suggested, which is the need to make sure that we bring together all those who work in the fishing industry to come up with positive suggestions for future sustainability. The consultative group would guide and advise on policy; promote collaboration between central government and the devolved Administrations; allow ongoing dialogue on the viability of the industry; and channel the fishing industry’s knowledge and experience, about which I spoke earlier, into the design and implementation of management measures. This would be hugely helpful.

The consultative group would play a leading role in the use of secondary legislation—as we all know, the Bill will set up systems, but a lot of the detail will come in the secondary legislation—to ensure that we have an agile and responsive approach to future fisheries management. The inclusion of the consultative group of fishery experts would guarantee that sustainability issues are fully considered. It would also play a valuable role in the development and operation of the management plans proposed later in the Bill.

As I said, we might be adding an 11th objective—I still think number one, sustainability, is the most important overall—but it is important that those who work on the sea, those who plan for what is happening, the scientists and the data collected should work together. I have great pleasure in moving the amendment.

[Lord Teverson (LD)]

My Lords, I agree that there needs to be far more collaboration. It is the big missing thing in the Bill in many ways. We have a Bill that covers the whole of the United Kingdom. We have devolution in Scotland, Northern Ireland and Wales but I am concerned that we have no devolution in England despite the fact that the English fishery is diverse—as are those of the other nations—and I have amendments later in the Bill that seek to tackle that in a sensible and not too radical way.

I welcome the spirit of the amendments. They are the basement of what we need but I hope the Minister will take strongly the message that there needs to be consultation and working with not only the industry but, as the noble Baroness, Lady Byford, said, the larger stakeholders to make this sector work. I will be interested to hear the Minister’s response to this proposal.

--- Later in debate ---

[Lord Gardiner of Kimble]

All the organisations that I have referred to are organisations rather than statutory bodies. Clearly, bodies such as Natural England have statutory functions and interests, and obviously are part of the work. The Environment Agency, Natural England and other such bodies would all have an interest in marine areas and so on. As to the part they will play in the expert advisory group—I will try not to mislead your Lordships—clearly all such statutory organisations and bodies would have a locus in this.

As to the initiatives from the industry itself that the UK Government are supporting to manage fisheries, these include, for example, the work of the Scallop Industry Consultation Group and the newly created shellfish industry group. We have also held a call for evidence on how we allocate additional English quota.

In addition—the noble Baroness, Lady Jones of Whitchurch, referred to this and we shall have discussions about it—the Bill includes statutory provisions requiring consultation and parliamentary scrutiny of proposals in the joint fisheries statement, any Secretary of State fisheries statement and fisheries management plans. The provision for consultation in these three areas—particularly when we get down to the fisheries management plans, which are about each and every stock—shows the level of ability and the importance of consultation. Its purpose is to get these matters right and to have sustainable fishing.

Given the complexities of fisheries management, the different interests and the different levels at which advice and engagement need to take place—be it at national, administration or local level—a one-size-fits-all body is unlikely to work. Consultation and collaboration will need to flex and adapt as we improve our fisheries management.

In addition, I am advised that, as drafted, the amendment would present some challenges given the devolution settlements. Officials in the UK Government have worked very closely with their counterparts in the devolved Administrations to develop and draft this new set of fisheries objectives. We appreciate the level of engagement that the devolved Administrations have shown in this work. The objectives are truly shared ambitions for our future fisheries management. I am pleased to report that the devolved Administrations already collaborate and consult widely in developing their own future fisheries management policies.

As I say, we will come to discussions on consultation at a later stage but I hope it has been helpful to my noble friend that I have set out in slightly more detail than I might have intended the organisations that are part of the expert advisory group. As we all know, we need to base what we do on scientific advice—and we are seeking the best scientific advice we can.

With those extra words, I hope my noble friend will feel able to withdraw her amendment.

[Baroness Byford]

My Lords, I thank the Minister for his response, and the two other noble Lords for supporting—in principle, I think—the ideas behind this amendment. Obviously, we look forward to looking at theirs in greater detail as well.

The one thing that slightly concerns me, as the Minister rightly said, is that there is no one size that fits all. I understand that but, on the other hand, if we have lots of little bits doing different things, surely you need something overall, like an umbrella, which brings it together. This is the thought behind the amendment. It is an ongoing consultation: it is not that you go out to consult on one issue, but that it would be something that goes on into the future. As my noble and learned friend Lord Mackay could not be here tonight, I say at this stage that I will obviously read Hansard very carefully, as I know he will. I beg leave to withdraw the amendment.

Amendment 5 withdrawn.

Tree Pests and Diseases

Baroness Byford Excerpts

Thursday 13th February 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, I am grateful to the noble and learned Lord, Lord Hope of Craighead, for introducing this debate. Woodlands, forest areas, parks, gardens and private dwellings bring benefits to those who visit and enjoy them but, as the noble and learned Lord said, they are under constant threat from pests and diseases. I have three points to make: on individual responsibility, on woodland management and on government responsibilities.

I should declare an interest as patron of the Leicestershire end of the National Forest, which was created from redundant coal mines, wasteland areas and other farmland. For the past 25 years, the National Forest Company has worked with partners and landowners to create a new forest across 200 square miles in the heart of the Midlands. Some 80% of these sites have public access, around 10,000 volunteers help in the management of woodlands each year and over 50% of primary schools undertake regular outdoor learning in woodland settings. This is a great achievement in a comparatively short space of time but, like other woodlands, it faces the constant threat of pests and diseases to its native trees.

Currently for the National Forest, grey squirrels and ash dieback are having the greatest impact. Recent figures released by the European Squirrel Initiative—which other noble Lords have spoken about—show that grey squirrels cost English forestry in excess of £40 million per annum. In trying to reduce the spread of diseases, the National Forest Company trains and upskills local volunteers in woodland management and educates the public on a range of preventive measures, from controlling the plant stock that enters the country through to warning dog walkers about keeping their boots clean—simple steps that we can all take.

The Woodland Trust states that there are some 20 non-native pests and diseases affecting native UK trees, six of which have reached epidemic levels. In its briefing, the trust reminds us that it is the landowner who bears the cost when unsafe trees are felled. Clearly prevention is the best and most cost-effective way to manage pests and disease, but what additional biosecurity measures are being considered? I mentioned earlier the damage done by grey squirrels, but deer and muntjac also cause extreme damage to young trees. Do the Government have a wildlife management plan in place and, if so, will they review it?

The European Union Committee, in its report published on 24 October 2018, Brexit: Plant and Animal Biosecurity, noted that the UK currently follows EU legislation on biosecurity, with decisions on implementation made predominately at EU level. On leaving the EU, the UK has opportunity to strengthen and improve our biosecurity, including the checks at ports and airports that have already been mentioned. If the plant passport scheme has failed, what measures will be put in place?

In May 2018, the Government published their Tree Health Resilience Strategy, to which other noble Lords have referred. I hope the Minister will update us on its progress, though I know it has not been a very long period of time. Can he also update us on the new imports notification system which was being developed and was due to be ready for end-to-end testing in January 2019?

The City of London Corporation manages 11,000 acres, including Epping Forest, which protects more ancient trees than any other site in the UK. Monitoring and managing the threats of pest and diseases come at a significant cost. Ramorum disease, commonly known as sudden oak death, also threatens beech trees, and some 80% of the UK’s ancient beech pollards are within Epping Forest. In controlling the disease, the corporation has removed hundreds of rhododendrons, which were referred to by my noble friend Lord Colgrain earlier, and felled over 600 larch trees on the edge of the forest to prevent further spreading. Drastic actions have been taken to preserve the trees. The corporation recognises that prevention is better than cure and has called for the regulations relating to plant and tree nurseries and the movement of vegetation to be reviewed.

I turn to what the Government should be doing—I know my noble friend the Minister is very keen to do all that he can. The Conservative Party manifesto commits the Government to planting many thousands of trees over the coming years. Clearly these trees planted should be disease free but, with trade becoming increasingly global, I believe there is an urgent need for stricter controls to be put in place on imported plants and trees. We should know where these trees are coming from. If disease is imported, then surely the rule that the polluter pays—to which we pay great credit—should be considered back through the supplier to the nursery that produced the trees in the first place.

Trees bring enormous benefits, as we have heard from other speakers. I thank the noble Earl, Lord Kinnoull, for reminding us that we are stewards for future generations. As a hazel nut, I have a great interest in and love of trees. I cannot think why my parents called me Hazel—though I am not a nut. This debate is crucial not only for us now but the many generations that will follow us.

Fisheries Bill [HL]

Baroness Byford Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 11th February 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, it is a great privilege to follow the noble Lord, Lord Hannay. Perhaps I should be more upbeat than he was, but he has wide experience and knowledge which I certainly recognise.

This is an important, positive Bill; it has many challenges and, as the noble Lord said, it is a complex picture, so there are no easy solutions. But I welcome the Bill and the changes made to the original Bill debated in the Commons over a year ago. At the end of December this year, the UK will no longer be constrained by the common fisheries policy, which I believe has failed to protect fish stocks, the seabed or its marine life.

As others have said, the Bill gives the UK powers to establish a sustainable approach to the way in which fishing will be allowed in future years. But successful changes can be achieved only by the devolved Administrations working closely together. The Bill creates a common approach, preserving the right of UK vessels and any licensed foreign vessels to fish across our four zones in United Kingdom waters. The Bill sets out detailed objectives, and I am pleased, like others, to see a climate change objective in there as well. It requires joint fisheries statements, fisheries management plans and reports to be laid and reviewed.

I will turn directly to the practice of discarding. Only two weeks ago we had a debate on the EU Select Committee’s reports on the EU fisheries landing obligation, in which the Minister acknowledged that the landing of undersized fish had increased, but not by the amount that was anticipated. The National Federation of Fishermen’s Organisations is pleased to see in the Government’s proposals a discard prevention charge scheme, recognising the importance of reducing discards. It will give a truer picture and truer data of the fish stocks that are collected and whether they are landed in a proper way rather than just thrown over the side. We need to know about the fish stocks’ long-term ability to reproduce.

I take this opportunity to put on record the valuable work done by the then Fisheries Minister, Richard Benyon, when he introduced the fisheries landing scheme. Further improvements have been made in this Bill. Last year Mr Benyon was asked to review the highly protected marine areas, which I think will add substance once we come to debate this in Committee.

In becoming an independent coastal state, the United Kingdom will have the power to set catch limits for all vessels. Foreign boats wishing to fish in UK waters will have to follow UK rules, abide by catch limits set and, I hope, be required to have remote electronic monitoring equipment on those vessels. I would be grateful if the Minister would clarify this when he responds.

Clause 44 creates new measures to help the Marine Management Organisation to protect marine ecosystems. Back in 2008, a POSTnote commented that, at that stage, no UK body had the responsibility of creating new marine conservation zones; nor were targets set for the area to be covered at that time. In this Bill, amendments to the Marine and Coastal Access Act 2009 confer powers to make by-laws and orders relating to the exploitation of sea fisheries resources. I ask the Minister: will that include the awful practice that has gone on for many years of bottom-trawling, which has devastated parts of the seabed? I also ask the Minister: if data is available for all areas around our coasts, are those shores fully mapped? If so, how far out to sea does such mapping information go? In looking at the 12-mile limit, have the Government considered, with regard to the seabed and marine conservation, whether it should be regarded in a similar way to the way we have planning on land? It is all too easy to forget what is under the sea because we do not see it, whereas we see it on land.

The Bill is of great importance. Those involved in catching fish work in rough seas and in some of the most demanding circumstances. Indeed, my noble friend said that, tragically, seven of them lost their lives last year. The fish caught and returned to UK shores bring additional jobs to local communities and provide us with good nutritious food. While, as has been said, most of the fish caught by UK fishermen is actually exported to the European Union and other areas and the proportion consumed in the UK is very low, I look to the Bill to enable us, through extra quotas, to eat more of the fish that we catch in this country than has been possible in the past, and that the fish landed will be sold and consumed directly through UK markets. Fishermen will be looking to the Bill to bring certainty for their future. Catches taken must be decided on the best scientific data available, stocks protected and fishing licences granted on actual known stocks, rather than on historic agreements.

ln our desire to see healthy seas around our shores and more widely, we must not forget the continuing need to tackle plastic waste. Whether we are fishermen, individual recreational fishers or simply people who care about our oceans, the Bill is surely a step in the right direction. There will be much to do but I welcome and support it.

Direct Payments to Farmers (Legislative Continuity) Bill

Baroness Byford Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords & 2nd reading (Hansard) & 3rd reading (Hansard) & Committee negatived (Hansard)
Wednesday 29th January 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, I am very grateful to my noble friend for introducing the Second Reading of this small but important Bill, which, as has been said, enables the Government to continue paying the basic payment scheme allowances to farmers for 2020 alone. Like others, I declare my farming interests as given in the register: we have a family farm in Suffolk that receives payments under this scheme.

I too would like to pay tribute to the noble Lord, Lord Bew, and his team. I am very glad that he mentioned the contribution of the noble Lord, Lord Curry, to the review. I have read it all the way through and there is a lot of meat in it, but I will not talk about that today as it almost touches on the Agriculture Bill, rather than the little Bill we are debating today. I ask the Minister not to presume from my comments that many of the things in the review will be raised today. Its findings are hugely important but I shall try to comment mainly on this very small and precise Bill.

The Bill brings continuity and legal certainty to farmers, who have been anxious about their payments for 2020. I have also been asked whether the current rules will continue to apply—for example, the three-year cropping rule and many others. My understanding is that they will, but perhaps the Minister will clarify that.

As I understand it, the Bill does not modify policy, so, as I said, I shall keep many of the broader questions on policy for the Agriculture Bill. Can the Minister give us any information on when that Bill will be forthcoming? I hope I am right in thinking that the fisheries Bill will have its First Reading in this House and the Agriculture Bill will start in the House of Commons, with each going to the other House in due course. From the point of view of agriculture, which we are talking about today, is it likely that the Agriculture Bill will come to this House in this Session? The Minister is nodding, so I take it that I am right, in which case it is all the more important that we keep our thoughts today to this Bill.

As I indicated, I particularly thank the noble Lord, Lord Bew, and his colleagues for their review. It has highlighted the challenges that will face food producers and farmers once we leave the EU. One of the recommendations, which has been touched on by others, concerns the position of Scottish farmers, who have been at a disadvantage since the changes were made in 2013. However, looking at the various Hansard reports, I understand that this will be new money that the Government have committed to allocate. Presumably that money will be ring-fenced for Scottish and Welsh farmers, but will it continue to be forthcoming in the seven years thereafter? I have read the reports carefully but am still uncertain.

The Bew report recognises the importance of food security and acknowledges the uncertainties in future policy and market trading conditions. It is important that welfare standards are taken into account in any future trade deals, and I was pleased to see that that was a manifesto commitment of our party. Importantly, the Bew report recognises that future policy must be fair to all farmers across the four countries of the United Kingdom. Maybe that is for the future but how will it be achieved? It is quite a big challenge. It might be outwith this Bill but it is worth raising it now.

As has been said, 2019 was a very difficult year for some farmers, who experienced difficulties with heavy flooding, resulting in crops rotting in the ground. Their land is still waterlogged and decisions have to be taken on whether to plant spring crops or keep the land fallow for the rest of the year. Variations in climate patterns affect other countries around the world, putting greater pressure on food security. The effects of climate change will be a challenge for us all, be it drought—as we have seen, sadly, with the fires in Australia—flooding or the spread of disease, which has not been mentioned. Therefore, as reflected in the Bew report, we must be flexible in formulating our future plans. We must not be constrained by past rigid rules from the EU, some of which are outdated. Technology and other things have moved us forward.

Returning to the Bill before us, how confident is the Minister that the payments will be made promptly? That is key. Can he also update us on payments for countryside stewardship schemes—a matter referred to by the noble Baroness—over the past three years? I understand that there have been delays in those schemes, with in some cases, farmers not having received the payments. I believe that could affect their willingness to participate in future countryside schemes, which would be a retrograde step. Therefore, I also ask the Minister: will the planned ELM scheme pilots use some of the existing demonstration farms, such as LEAF farms, which are already part of environmental schemes, or will they start with a completely blank page? It would seem a shame not to use the experiences that already exist.

I support the Bill and reflect on its importance, as conservation and food production go hand in hand. Both are important for the health and well-being of the countryside, but—no one has touched on it—farmers need to make a profit. You cannot go green if you are in the red. It is hugely important that farmers make a profit. As I said, I support this small Bill. In future, I look to schemes that will allow us greater flexibility, are more focused on outcomes than they have been in the past and, if possible, are tailored to the needs of individual farms, particularly those in upland and less favoured areas.

Fisheries: EU Landing Obligation (European Union Committee Report)

Baroness Byford Excerpts

Thursday 23rd January 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, I thank and congratulate the noble Lord, Lord Teverson, his committee and members and staff who researched and produced these two reports. I was not a member of that committee but have, over many years, raised the challenges of discarding fish. I recognise that the industry has made progress, slow though that is, in reducing the unwanted catch and that this is a complex issue that no single approach can successfully resolve, as has been indicated. But the situation is still dire, as the noble Lord, Lord Teverson, said. Earlier this year, only 85 tonnes was landed whereas the figure for the year before was four times that. We clearly cannot go on with that situation.

Before going into further detail on the report, I take this opportunity to welcome my noble friend Lord Goldsmith of Richmond Park to the House; I look forward to his maiden speech when he winds up at the end of this debate. He has been a long-standing champion of the environment, seeking ways to improve it and addressing wildlife, biodiversity and climate change.

The marine environment is increasingly being affected by climate change, pollution, ocean acidification and warming seas. However, today we focus our thoughts on the long-term sustainability of fishing stocks. In reflecting on the Government’s response to the second report, I have some questions for the Minister, particularly on the landing obligation.

The report highlights the significant challenge facing the fishing industry, but comments that the new rules seem to have had little impact since they came into force six months earlier. In their response, the Government commit to working more closely with key stakeholders, which is to be encouraged. What tonnage of undersized fish has been landed in each of the past five years respectively? As has already been indicated, if that tonnage has not increased, one must pose the question; is that due to discards being dumped in the sea? Catch data is obviously needed and if it is not available or not working, what are the Government’s plans to resolve this matter?

The report stresses the importance of having mechanisms in place to monitor and enforce compliance. One of the ways suggested in the report is the use of remote electronic monitoring. I understand that EU member states did not agree to such a proposal. In their response to the several suggestions on compliance and enforcement in the report, the Government state:

“When the UK leaves the EU it will be in the position of being able to place requirements on foreign vessels who wish to fish in our waters as a condition of access”.


I welcome that statement and hope that remote electronic monitoring will be at the heart of the other proposals already indicated in the government response. The White Paper made it clear that we will seek to deliver on our sustainability objectives by attaching conditions, which could include the use of REM for some sectors.

The National Federation of Fishermen’s Organisations suggests in its briefing that REM is not a panacea and that, particularly in mixed fisheries, wider thinking is needed. One suggestion is to authorise the landing amounts of unavoidable catch. For example, when a quota is exhausted and a choke situation arises, the fish could be sold for human consumption, but vessels would not receive the full value of the catch. I understand that that is not possible under current CFP proposals. Will the Minister comment on that?

I am well aware of the importance of the fishing industry to this country and especially to local communities whose living is dependent on the long-term sustainability of fish stocks. I welcome the improvement to fishing gear selectivity, which should reduce species being caught unintentionally. I also welcome the more detailed inspections of catches at sea. In response to the report, the Government made several suggestions, including recording the last-hauled catch to assess the catch profile, as opposed to simply looking at what has been retained on board; ensuring that legitimate discards are recorded; ensuring that juvenile fish are recorded and counted against quota; ensuring that all catches are correctly recorded after landing and that juvenile fish do not go direct to human consumption; using data resources such as scientific data to evaluate levels of compliance; and, most importantly, working with producer organisations to ensure that quota is assessed by fleets facing chokes. My earlier point about juvenile fish being sold for human consumption might give the Government an alternative suggestion. The government response list had more proposals, but I will not go into them.

Improving the health of our species is vital to long-term sustainability in these waters, which we will be responsible for very shortly. There is much work to be done and in this new decade, we must use all the tools we have to achieve a successful outcome. It is a hugely important issue: this is about not just fish being caught but the long-term environmental sustainability of our seas and oceans.

Queen’s Speech

Baroness Byford Excerpts

Thursday 17th October 2019 Lords Chamber

[Baroness Byford (Con)]

My Lords, it is a huge privilege and joy to follow my noble friend—if I may call her that, as we have worked together, as she has said, for many years in Leicester Cathedral.

Her journey through the Church of England has been remarkable. She originally came from the Wirral and, as she has told us today, her grandparents have a long association with Bristol. She began her ministry in 1990 as a chaplain at Gloucester Cathedral, where she met and married Michael and was ordained a priest in 1994. That year she moved to become canon pastor, and later vice-provost, of Coventry Cathedral. She became the first woman to lead a Church of England cathedral in 2000, as Provost and then Dean of Leicester. In that role she led the Cathedral Church of Saint Martin, Leicester, a city with significant diversity and areas of great deprivation. In 2012 she was appointed Dean of York. As she told us today, the finding of Richard III in Leicester gave us, as a small cathedral, a huge challenge. From having probably 35,000 visitors, we were landed with 160,000 visitors in one year. It became a huge challenge, in which my right reverend friend played a very important part.

In 2009, she was elected chairman of the Association of English Cathedrals, the representative body for cathedrals, and she is serving her second term on the English Roman Catholic Committee. She was chair of the Deans’ Conference and in 2013 she was elected as one of the female representatives in the House of Bishops. We warmly welcome her today and we are deeply grateful for what she has brought in sincerity, breadth of knowledge and commitment. We particularly look forward to her work on human trafficking, to which she has committed herself.

I should first declare my own and my family’s farming interests as set out in the register. The contents of the Gracious Speech are to be welcomed. Today’s principal topics for debate are interlinked. While my contribution will be mainly about agriculture, horticulture, fishing, animal welfare, food production and the environment, I shall also highlight the importance of three other proposals which are not included in today’s debate.

I welcome the commitment to support and strengthen the NHS, the proposals to reform adult social care and the commitment to ensure that all young people have access to an excellent education. These are much-needed commitments, but I draw to the Minister’s attention the fact that in rural areas the challenges are greater than those in urban communities. It is simply more expensive for departments and local authorities in rural areas to provide those services. This, plus the fact that the funding formula gives less per head of population to rural areas, makes the task an even bigger challenge.

I welcome the Environment Bill introduced into the Commons two days ago, and I look forward to debating the proposals set out in the agriculture, fisheries and animal welfare Bills announced in the gracious Speech. For the first time, the Environmental Bill sets out environmental principles which will be enshrined in law. It introduces legally binding targets and will establish a new office for environmental protection. The Bill covers a vast range of issues from waste and resource efficiency to air and water quality. It introduces charges for single-use plastic items, extends producer responsibility to ensure a consistent approach to recycling and introduces a deposit return scheme, so there is much in this Bill. It also has an important section on nature and biodiversity, and it formalises conservation covenants, to name but a few. All these aspirations are to be welcomed. The proposed new office for environmental protection will be yet another non-departmental body. Its independence and financial security will be crucial if it is to succeed. It must be adequately staffed and funded. We can think of other such bodies which have seen their budgets squeezed over the years, resulting in cuts to services and aims unachieved. What assurances can the Minister give that realistic support will be given to this new body?

We await the details of the agriculture Bill. Will it be exactly the same as the previous Bill which was held over in the Commons last year or, as with the Environment Bill, will it cover a wider range of aspirations? Under Henry Dimbleby, the Government are setting up a new national food strategy which is committed to providing safe, healthy, affordable food. Will that consultation finish in time and will its conclusions be included in the Bill?

The importance of the food industry, which is worth some £122 billion and employs 4 million people, cannot be underestimated. Agriculture and horticulture are the backbone of our food industry, which grows a wide variety of the crops that form our staple diet. Farmers are at the start of the food production chain, but like any business they need to be profitable and able to increase yields and invest in the new technologies which are transforming the way we produce our food these days. Farmers produce not only food, but energy crops, and at the same time they look after the environment. The work of LEAF is a good example of what can be achieved.

The UK has some of the highest animal welfare standards and UK farmers will continue to commit to them, but on leaving the EU, concerns are regularly expressed about leaving the EU and the importation of food which may not be produced to the same standard. These concerns and possible tariffs—I am grateful for the commitment made by the Government to making concessions on some of them—are making UK farmers concerned about their future. Lowland and upland farmers are particularly vulnerable, so I am grateful to the Government for their commitment to continue to pay for support.

I thank the Government for taking broadband across the UK. The recent announcement of some £5 billion towards this will be welcomed by businesses, many of which are based in rural areas. I believe that the gracious Speech contains exciting opportunities across the generations. It has a bold vision, and I commit to working on the Bills it proposes.

Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

Baroness Byford Excerpts

Wednesday 16th October 2019 Grand Committee

If I raise any matter to which the Minister and his officials cannot immediately respond, perhaps he might write to me. I thank him for his skilled exposition.

[Baroness Byford (Con)]

My Lords, may I add a couple of comments? I am grateful to the noble Lord, Lord Jones, for his comments. My understanding of these statutory instruments is that they make no basic change to what there already is. Again, this relates EU law to UK law, so a lot of the language—which, to be honest, is tedious to work through—is very simple in what it is trying to do. I follow the noble Lord’s passion; some of our upland farmers, and other farmers elsewhere, will be challenged, particularly when we look at tariffs and trade. However, that is not to do with the SI that we are dealing with today.

I would love to think that the noble Lord was going to speak in tomorrow’s debate, which gives us all the wonderful opportunity to talk about things that we think are hugely important. I agree with much of what he said.

I would like to support these statutory instruments, so in some ways it is a shame that we are doing some of them twice. We dealt with some of this earlier, but are having to deal with it again, as changes take place. The instruments will probably give greater flexibility, which will give much help to the Government and the Ministers. I have nothing else to add on that, but I have one query. In introducing the instruments, the Minister referred to the import of eggs, but the one topic that always gets dodged is that of dried eggs and powdered milk—probably because it is a difficult one to deal with. The buying and selling of fresh eggs is very clear and easy, but a lot of the eggs and egg content that go into manufacturing come through on the dried side. I do not know whether that applies to this SI but, in the meantime, I support the instruments.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for so clearly setting out the issues in these five statutory instruments, which make minor adjustments and corrections to previous SIs that we debated earlier in the year, as most noble Lords have said. I am delighted that we are debating all five together and not separately. I thank the Minister for his time and that of his officials in providing a briefing for these SIs.

All the SIs cover small details and technical amendments, but they are quite complicated. The reserved matter in the first SI covers areas concerning trade import of hops and agricultural processed products, and a minor amendment on the import of eggs and the whole list that the Minister gave us. The SI covers anti-competitive practices and helps to protect sugar beet growers, and milk and milk products. Although there are no policy changes and it will remove redundant legislation post Brexit, it is important to get these matters right so that we are not debating the same things fairly regularly.

I was intrigued by the subject of the import of rice. I understand that the issue is how much rice might be contained in a processed product, such a tin of rice pudding or baby food. Nutritional content on these products is extremely important, especially if they are to be consumed by children.

The second SI concerns CMO operability amendments and, as has been said, transfers functions from the EU to the devolved Administrations. The majority of issues have been carried over from March. The SI again includes eggs, but also poultry meat. Given this, can the Minister can say where poultry breeders fit specifically in the list of six consulted stakeholders that the noble Lord, Lord Jones, listed for us, since it is not immediately apparent from the list?

It is interesting that not all matters in the SI apply to Wales, which is doing its own thing, yet marketing standards are the same across all the devolved Administrations. Are the regulations being applied in Wales better than those that will pertain in the rest of the UK, or worse?

The third SI is about import and export licences and is a reserved matter. I note that changes are very minor to ensure operability after EU exit, including changes from the euro to the pound, as mentioned by the noble Baroness, Lady McIntosh, and are being set and calculated on 2018 conversion rates. Will this have a negative effect should the exchange rate alter dramatically? The Rural Payments Agency will manage the process, which remains the same. Export repayments will be made only in circumstances of crisis. Can the Minister indicate examples of crisis that might qualify for payment?

The fourth and fifth SIs are similar, except that the first is reserved and the second devolved. They are all about transitional arrangements. Again, they amend existing EU SIs made in March this year but which, since we failed to leave, have to be amended because the transition dates were for a fixed two-year period relating to March. It is a very sensible alteration to move the date to relate to when an actual deal finally transpires, should one ever be negotiated. Hence the words concerning coming into force two years from Brexit date are an excellent catch-all solution.

In the fourth SI there are technical changes on products not produced here—at the moment, that is: olives, olive oil, tobacco and rice. In the last SI there are some alterations related to labelling, which I believe is for 21 months, but the import-export licences are for two years. Again, all this was debated last March and is being amended and tidied up today.

I have no substantive comments to make on any of these SIs, which I support, and I am sure there will be others shortly.