Legislative Reform (Constitution of the Council of the Royal College of Veterinary Surgeons) Order 2018

Baroness Byford Excerpts

Tuesday 1st May 2018 Lords Chamber

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

My Lords, the veterinary profession plays a vital role in protecting animal health and welfare, maintaining food safety and public health and enabling trade in animals and animal products. I am pleased, therefore, to introduce this draft legislative reform order, which seeks to make changes to what the profession and others view as the outdated constitution of the council of the Royal College of Veterinary Surgeons.

The RCVS is the statutory regulatory body in the United Kingdom and is therefore responsible for the registration and regulation of the profession in this country. The changes proposed in this order are strongly supported by the college and by the range of stakeholders and interested parties who responded to consultation by both the RCVS and Defra. They will be widely welcomed. As a department, we have worked closely with the college to take these proposals forward and to get the drafting right. I pay tribute to the college in particular for its willingness to address issues raised during the process and to find solutions which, through this draft order, will strengthen its governance arrangements.

I am pleased to say that our Delegated Powers and Regulatory Reform Committee has approved of the proposals described in the explanatory document laid before this House and agreed that the use of the affirmative resolution procedure is appropriate. The committee commended the department on,

“a well-presented and informative Explanatory Document, and on its inclusion of helpful Keeling Schedules”.

I am therefore very grateful to my officials for their work in producing these documents and for the constructive responses we received to the consultation, which helped shape the final proposals.

At present the college is required to have a governing council with 42 members. There are 24 elected members, all veterinary surgeons; two members appointed by each university with a current veterinary school—Bristol, Cambridge, Edinburgh, Glasgow, Liverpool, London and Nottingham; and four appointed by the Privy Council—currently, the UK Chief Veterinary Officer and three lay members. This is not in line with modern regulatory best practice, and issues surrounding the governance arrangements at the RCVS have been raised on a number of occasions in recent years. In May 2008, the report on the Veterinary Surgeons Act 1966 published by the Environment, Food and Rural Affairs Committee of the other House included a recommendation for the restructuring of the council, especially concerning lay membership, suggesting that the proportion of lay members should be increased. A consultation exercise undertaken by the college in 2009 reached similar conclusions about the need for reform.

As a first step towards restructuring, a draft legislative reform order was brought before Parliament in 2013 to make changes to the governance of the two college committees that deal with disciplinary proceedings: namely, the disciplinary committee and the preliminary investigations committee. In parallel, in 2012, with the aim of becoming a first-rate regulator, the RCVS commissioned research to understand better how it is seen by others and where opportunities for change might lie. The RCVS was found by the report, published in April 2013, to be significantly out of step with the arrangements in place at other professional regulators and royal colleges. The report also identified that the council was seen as less efficient than it could be, mainly because of its size but also because of its membership structure, and could be modified to operate more efficiently and in the better interests of public and profession.

The research report included advice from the Professional Standards Authority on the efficiency and effectiveness of health professional regulators. This advised parity of membership between lay and professional members is,

“to ensure that purely professional concerns are not thought to dominate council’s work’.

It also suggested that smaller boards were associated with better effectiveness.

The RCVS embraced the need for change in order to achieve the stated aim of becoming a first-rate regulator and demonstrating a better fit with the five principles of better regulation, by being proportionate, consistent, accountable, transparent and targeted. As current council arrangements are laid down in an Act of Parliament—the Veterinary Surgeons Act 1966—the RCVS again turned to the Government with a view to making a further legislative reform order. The college recognises that it must be accountable to the profession it regulates and the overall aim of the proposed reforms is therefore to modernise the structure and composition of its governing council.

On matters of detail, the Veterinary Surgeons Act does not currently include a statutory requirement for lay persons to be included on council. The current arrangement of appointing lay members to council via the Privy Council, or by the veterinary schools, is not sufficiently robust. It is proposed, therefore, that in future there should be statutory provision for independently appointed lay representation on council—six places in all. Secondly, now that the RCVS is the regulator of the veterinary nursing profession through the provisions of the supplemental charter of February 2015, it is appropriate that the law should provide for veterinary nurses to be represented. Two places on the council are proposed.

As noble Lords will appreciate, the size of the council is also inextricably linked to its composition. In order to provide places for lay and veterinary nurse members without further increasing an already unworkably large council, reductions in the representation of other member categories are therefore proposed. Over a period of three years, the number of veterinary surgeons elected to council would reduce from the current 24 to 13, though at all times they will have a majority. While it is considered essential that the council continues to benefit from the academic expertise of the UK universities with accredited veterinary degrees, a reduction in the number of places allocated to them is also proposed—from two per university to three members in total, appointed collectively. UK veterinary schools are content with the proposal for collective representation on council. Finally, the UK Government’s Chief Veterinary Officer will continue to be fully engaged with the council as now, but with observer status rather than as a Privy Council appointee.

Having a council of 42 members is an obstacle to its efficiency. The cost of each meeting—around £24,000 through reimbursement of expenses and loss of earnings —and the difficulty of ensuring that 42 members are available, restricts how often it can meet and therefore impacts on its ability to take timely decisions. As council cannot meet often enough to take time-pressured decisions, it has been necessary to delegate some of its work to an operational board. Decision-making is currently divided between council and the board, with a potential for lack of accountability in those decisions. At present, veterinary surgeons, veterinary nurses and the animal-owning public are at risk of being affected by delays and difficulties arising from decision-making under the current governance arrangements. If the council’s size were reduced overall, it could meet more frequently and reach and communicate decisions more effectively.

The proposed changes therefore reduce the size of the council and revise the balance of membership between vets and non-vets, including veterinary nurses and lay persons. They will bring the RCVS in line with many other modern-day regulatory bodies and allow for greater efficiency, transparency and accountability to both members and the general public. For all the reasons I have outlined today, I commend the use of the legislative reform order to make changes that will benefit the veterinary profession. I beg to move.

[Baroness Byford (Con)]

My Lords, I very much welcome the order before us today. I declare my interest as an honorary associate member of the Royal College of Veterinary Surgeons. For many years, we have had regular discussions with members of the royal college about the unwieldiness and the way in which they have had to work in recent years. The Minister referred to the importance of the health and welfare of animals of all sizes. It really does give me great pleasure to support this order today. I was particularly pleased to read the report from the Delegated Powers and Regulatory Reform Committee. It was a well presented and helpful report that had come forward following the various consultations that had taken place.

Any of us who are involved in public life would view a council of 42 with great fear. It was something that was fairly common in those days. I belong to the Worshipful Company of Farmers, and we would look at our constitution, which would be a very similar size in the old days, and we had to say, “In this day and age, is it relevant? Can it do the job it is supposed to do? Would it not do it better with a slightly smaller and more receptive constitution?”. Today we are looking at a very important section of the profession, and I am really glad that the profession has great support. We want to make sure that we have good governance and better regulation. That would then free up the council to meet more often and to be able to do what it wants to do in a more timely fashion.

I still believe that vets have a vital role to play, not just for the welfare of the animals that they look after, but for members of the general public, who rely totally on their expertise. In this way, the royal college and the members of it are an important link. I welcome the extension of council membership to lay members and veterinary nurses.

[Baroness Parminter (LD)]

My Lords, we on these Benches support the proposal. In the unavoidable absence of my noble friend Lady Bakewell of Hardington Mandeville, I thank the Minister most profusely for the opportunity he provided her and others last week to talk through this proposal and give some further insight into it. It is a set of proposals that are important to alleviate some of the well documented weaknesses in the governance of the RCVS in the past, and it will make an important contribution to organising an important profession in our country.

I wish to make two brief points. First, we of course support the direct elections that will be undertaken for the RCVS in future, but this is a very diverse profession. The practice in a small rural area is very different from the profession in a large urban conurbation. It would be helpful to know if the Minister could offer this House some reassurance that the breadth of experience in the diversity of the profession will be respected in the direct elections to the RCVS council that will come forward.

Secondly, there is a need for new blood. This is a profession where the pace of change is fast. Our understanding in veterinary medicine is changing and developing quickly; technology is changing our understanding of animal welfare, and animal physiology is changing fast. However, these proposals argue for a term of office of four years, which can be extended three times; then, after a period of two years, a council member may stand again. That would not necessarily be helpful in bringing new blood into any particular governing body. It may be difficult to make such a point in a House like this, where there is no democratic accountability and no limit on the term of office, but it is important that we reflect personally on the issue of the length of service. I hope that members of the council will show some restraint, so that, as the noble Baroness, Lady Byford, just mentioned, we can ensure that both members of the public and the animals the vets serve get the members that they need of a council that upholds the honour of what is a very important profession in this country.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Baroness Byford Excerpts

Tuesday 27th March 2018 Grand Committee

[Lord Trees (CB)]

My Lords, I strongly support these extremely welcome changes to activities licensed by local authorities under five earlier Acts through regulations under powers in the Animal Welfare Act 2006. These licensing conditions will now reflect the welfare requirements of animals as required in that Act and as will be required in the specific guidance being produced in association with this instrument—guidance that will be statutory, which is very important. The activities have been outlined by the noble Lord and I commend Her Majesty’s Government for introducing this instrument, which will undoubtedly have a very positive effect on animal welfare. I should like to make one or two comments and ask one or two questions.

On the breeding of dogs, the measure to reduce the numbers of litters per year from five to three, at which point a licence is required, and to apply various sensible measures, such as a prohibition on the sale of pups less than eight weeks of age, the requirement to provide information to the buyers and other sensible measures, are very welcome. However, it is worth emphasising, as the noble Lord did, that these requirements would apply to anyone breeding and selling puppies, even from one litter, if it was deemed to be a business. My understanding—the Minister may want to correct me on this—is that Her Majesty’s Revenue and Customs regards a profit of more than £1,000 a year as a business, but that needs clarity.

In toto, this instrument addresses several serious animal welfare concerns which many have had for some time. They include online sales, which have been addressed, exotic pets, for which more guidance will now have to be given at the point of sale, and various aspects of the breeding and sale of puppies.

Another measure with which I strongly concur is relevant to current concerns about the breeding of dogs where their conformation or genetics predispose to health or welfare problems among mothers or puppies. This is contained in paragraph 6(5) of Schedule 6 of the guidance:

“No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, phenotype or state of health that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring”.


This is extremely welcome. It clearly has relevance to issues of current concern, such as brachycephalia, where short-nosed breeds have a much higher incidence of respiratory disorder. There is even a name for it: BOAS—Brachycephalic Obstructive Airway Syndrome. There will clearly need to be consideration and discussion of the words “reasonably be expected” but I very much hope that this guidance will hasten current efforts to improve the health status of various breeds that intrinsically have a higher risk of suffering ill health. Indeed, I hope it will persuade dog owners and breeders to be much more selective in the dogs that they buy and breed.

I have some questions for the Minister. The guidance is essential to this instrument, so can the Minister assure us that it will be available by 1 October when the instrument is enacted? Will local authorities be given enough scope to charge reasonable fees? Will those fees be ring-fenced so that they cover all the costs incurred by local authorities—not just the training costs, about which we have heard a little, but all the costs of the measures—so that no local authority can claim insufficient resources to enforce this instrument?

[Baroness Byford (Con)]

My Lords, I too welcome this animal welfare regulation before us. I think that there are two of us here in Grand Committee who took the original Bill through, back in 2006, and I know we spent many hours on the Bill trying to get it right. Clearly, however, times have moved on—there was no such thing as buying and selling animals online in those days, which, as other noble Lords have mentioned, is a challenge.

I want to follow up on the last comment made, about breeding healthy dogs, because that is a huge problem. I do not know if it is so relevant in cats—it could well be—but it is certainly relevant for dogs. Therefore, I am glad to see it mentioned and hope that the Minister will be able to reinforce it. However, I have one question: what about some of the dogs that come in from abroad? Again, that is a question relating to their health and breeding.

In general terms, I welcome this improvement and tightening up of some of the regulations, and I know that a lot of outside bodies were consulted so that they could comment. I have four specific questions that I would like to raise about the document. I turn first to paragraph 5(2) of Schedule 3, which states that anybody who wants to buy a cat or dog has to go in person to see it. But I am thinking of those who are housebound: in that situation, those who want a cat may not necessarily be able to go and see it. Has any thought been given to this? Could a carer or somebody else go on their behalf?

My second question relates to paragraph 8(4) of Schedule 4: why do boarded dogs require daily exercise only once but breeding dogs require it twice? It seems to me slightly strange that they are not both under the same regime, because surely they both need good exercise. However, I suspect that the Minister will have an answer.

My third question concerns Schedule 7, which talks about private persons who train or show one or more pets. This may not apply directly to farm animals, but many of us in the Grand Committee go to county shows where animals are shown. They are perhaps not trained in the technical sense, but they are trained to show. Originally, I presumed that they would not be classed as a business, but some of the animals at these shows become very valuable if they manage to win championships. I have not found an answer in what is before us as to whether they would qualify and need a licence, or whether they are not regarded as a business, although they might be a business. It is fairly fine line and I would be grateful for some clarification.

My last question, which has been picked up by other noble Lords, goes back to the responsibilities that have been placed on local authorities. I accept that local authorities are able to claim back and get full costs, but will those local authorities that do not have many demands on them under the regulations have different charging rates? I am sure that that is not the intention, but how will we overcome this? The best way forward is not clear to me. There is a responsibility on local authorities and the move from one year to three years will help to lessen the demands on people’s time and expertise, but I would be glad to hear some clarification from the Minister when he responds.

[Earl Cathcart (Con)]

My Lords, when I was looking through the regulations, I was trying to see whether they would stamp out the bad practice of illegal, back-street puppy farming. I welcome the provisions on the eight-week period and viewing with the mother. I was also pleased to see that the regulations require non-commercial breeders to obtain a licence if they breed three or more litters per year, which is down from five or more previously. That will make it more difficult for breeders to claim that they are non-commercial in order to avoid having to have a licence.

Let me play devil’s advocate for a moment. It is not difficult to see that, if a breeder wanted to avoid this restriction, he could say that he owned two bitches, his wife owned another two bitches and each of his children owned two bitches. It would be impossible to prove otherwise. I think that the regulations have missed a trick. If the requirement for a licence for more than two litters per annum was applied not to the breeder but to the premises, it would be much more difficult to circumvent the rules. My question to the Minister is this: is there any way that the Government could add to “breeder” the words “and/or premises”, perhaps in the guidance notes to the local authorities?

Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018

Baroness Byford Excerpts

Tuesday 27th March 2018 Grand Committee

[Baroness Byford]

My Lords, I am happy to follow the noble Lord, Lord Campbell-Savours, because getting this right is hugely important. I do not know whether anybody happened to see the response to the Question that I tabled the other day on the number of abattoirs, because this reflects and follows on from some of the concerns that have been expressed. I asked what the number of small and medium-sized abattoirs was between 2001 and 2017. The data provided for that—if I go through it—was that back in 2001 there were 32 large abattoirs but 463 small ones. Looking at the last ones—I will not go through them all for the Committee; that would not be fair—the change that has taken place is that the number of large abattoirs has gone up from 32 to 44 but small and medium-sized abattoirs have declined from 463 to 276. As far as I am concerned that rings huge bells for animal welfare.

I welcome the move to have CCTV in all abattoirs. The noble Lord, Lord Campbell-Savours, identified some of the things that I would have done. Cameras need to be in the right place, at the right time and they need to be consistent. My query would be: what happens if you get a power cut? Do they automatically keep going? The power cut could happen naturally or could be from deliberate tampering. I do not think there is anything in these regulations that would cover that. I am afraid in this instance I am very concerned about some of the staff operating in our abattoirs and the way they have been dealt with.

I look back to a shocking case where halal abattoir staff taunted sheep before they were slaughtered. Halal and the way stunning is done or not done is not addressed here—and I know there are good reasons for that—but I think on this occasion it should be raised. It is crucial that we get right the whole question of how we deal with animals, how we look after them—we are not livestock producers—and how the end of life comes.

Bearing in mind my early comments I have a couple of queries. I draw the Committee’s notice to page 5 of the regulations before us. I am very keen that where penalties can be legally introduced they should be really strong. At the end of the awful case that I brought to the mind of the Committee, two halal slaughtermen were found guilty of causing suffering and were given,

“16 weeks and 18 weeks imprisonment—both suspended for 12 months”.

Alongside that, they had to do 250 hours of unpaid work. Both were disqualified from control over sheep and ordered to pay £500 costs. I would have preferred to see something much stronger there. I hope that other noble Lords will reinforce the idea that we have an opportunity here to make sure that the correct fines are in place where they are clearly needed.

I apologise—I have deviated a little. I come back to Regulation 12, which concerns penalties. The footnote to this regulation states:

“Section 12(4) of the Animal Welfare Act 2006 provides that the power in subsection (1) does not include power to create an offence punishable with a fine exceeding level 5 on the standard scale. Section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) allows the power to be exercised to create an offence punishable by a fine of any amount”.


I do not quite understand what is going on here. With one piece of legislation the fines are limited, whereas another gives the option to create an offence punishable by a fine of any amount. I seek clarification on this because it is hugely important. We have the opportunity today to try to improve animal welfare. CCTV plays a part in that but it is important that we have a chance to debate fines and the way that we deal with people who are proved to be guilty of unacceptable behaviour, whether that involves halal slaughter or the way that animals are stunned—sometimes stunning is not done in the best way possible. I suspect that noble Lords who follow me will be able to clarify that.

Going back to an earlier comment, my understanding is that veterinarians have to be present at all times. It is not a question of making unexpected visits; veterinarians should be there all the while. If it is suggested that veterinarians are not doing a good job and that, in addition, experts should be brought in, that is another matter, but for the benefit of the Committee I seek confirmation that a veterinarian has to be present when abattoirs operate.

I hope that what I have said will prompt others to comment because we are at a crossroads in dealing with end-of-life issues. There are certain things that I would love to have seen in the regulations but we want to make sure that what is in them will be enforced and will work properly.

Environment: 25-year Plan

Baroness Byford Excerpts

Monday 29th January 2018 Lords Chamber

[Baroness Byford (Con)]

My Lords, I begin by declaring my farming and other interests as listed in the register. The 25-year environment plan is long awaited and I for one am very glad that the farming and environment plans have been merged into one document. I am grateful to the Minister for introducing this debate. As he will be aware, some 70% of our land is farmed; crops, livestock, forestry and conservation are all interlinked in good farming practices. The food industry that they supply is worth more than £100 billion a year, and farmers must look to making profits if the wider aspirations of this plan are to be achieved.

There is insufficient time to cover all the topics, so I will concentrating on three chapters in the report: namely, chapter 1, on using and managing land sustainably; chapter 3, on participation and improving health and well-being; and chapter 4, on the reduction of pollution and waste.

I begin at page 32 of the report. This section highlights the need to improve our soil, air and water—in other words, the earth’s natural resources—by improving land management, helping biodiversity and delivering new environmental land schemes. I am sure that the Minister will recognise that a one-size-fits-all approach will not suit all types of land or farming methods and that the flexibility in these schemes that is referred to in the plan is essential. I turn to page 37 which states:

“We will continue to invest in technical advice to support farmers and land managers in delivering the outcomes and to help them to work together”.


The Minister will be aware of the coming together of various farmers to create farmer clusters which have been growing in number since they were started back in 2008. Their valuable work together has created corridors of adjoining land that has boosted conservation and wildlife. These are great success stories which encourage profitable farming and conservation to go hand in hand. It is a good example of what can be achieved and I welcome the Government’s announcement of an agriculture command paper which will involve wide consultation with farmers and stakeholders.

I turn to chapter 3, “Connecting people with the environment to improve health and wellbeing”—something which is precious to us all. I welcome this chapter, which considers ways to encourage children to be close to nature. Many schools give their students the opportunity to visit farms to observe and, in some cases, handle livestock and have the joy of being outside in the rural countryside. I place on record my gratefulness to FACE for its work in schools and to LEAF for promoting Open Farm Sunday, which gives families a chance to visit farms and learn about food production. I mention in passing the importance of care farming projects, which help those who are individually disadvantaged.

Sadly, too many people have never experienced the peace that can be found in the countryside. This week is homeless week, and only yesterday at Leicester Cathedral the reverend Helen Hayes, a pioneer priest among the homeless, spoke of the difference that a visit to the countryside can make. She and others took a very small group of disadvantaged people, some homeless, who were given the opportunity of a three-day break in Derbyshire. When they initially met them, the people they were taking had their heads down and their hoodies up. Their self-worth was at rock bottom. But, as the days went on, they were transformed by their visit, and at the end they were standing tall and appreciating the countryside. I am glad that this 25-year plan includes a section on well-being, because it is hugely important. Doing more to help people who have hit difficult times will be worth while.

Finally, I turn to chapter 4, on the reduction of pollution and waste. Over the past years, I have regularly asked questions on fly-tipping. Waste dumped on public land is cleared by the local council at public cost. When it is dumped on private land, the owner has to foot the bill. The problem is becoming worse. Councils use CCTV in areas where they know that there is regular activity, but criminals in rural areas arrive early or late, at dusk or in the dark, using vehicles carrying only a very small number plate for identification. Sometimes I wonder whether we should not have to have that sort of identification in a much bigger state so that it can be seen even in those dark times.

I move now to plastics, which are used by manufacturers to change the image, shape or weight of their products. When the party opposite legislated to reduce the packaging weight, pet food manufacturers moved away from tins, which were universally recycled, and introduced pouches, which have to go to landfill. Much more work needs to be done to ensure that manufacturers use products that can be recycled—I so agree with the right reverend Prelate. I understand that recycling systems that use infra-red to separate plastic from the rest of the rubbish have to send all the black plastic to landfill. Could the Minister tell us whether research is being undertaken in this area?

As others have suggested, if this 25-year environment plan is to succeed it must set challenging but realistic targets. Progress must be monitored and revised regularly. I understand that a five-year review is planned. The Government have also proposed to set up an independent statutory body to oversee that plan to assess progress in the environment and conservation sectors. But we should not be afraid to have flexibility with any scheme, because over the years new and exciting things will be discovered about ways we can do things better.

I welcome the opportunity to take part in this debate. The plan challenges each and every one of us to think about the way we live and use natural resources. I wish it and the Minister every success.

Water Abstraction Regulations

Baroness Byford Excerpts

Monday 15th January 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am very grateful to the noble Baroness, Lady Jones of Whitchurch, for putting down this Motion to Regret. I am able to support all of her arguments in this vital matter. The use and retention of water is key to the way in which the country is able to function, both in terms of domestic properties, farming and business.

As the noble Baroness said, the 10th report of the Secondary Legislation Scrutiny Committee back in November made it very clear that the Government have taken an exceedingly long time to reach the point where they feel they can move forward with secondary legislation—some 14 years after the parent Act. Currently around 5,000 significant water abstractions are exempt from licensing, while some 20,000 abstractions have licences. There does not appear to be any substantial reason why licences should not apply to all abstractors. This is clearly inequitable.

Keeping our rivers flowing must be a priority as overabstraction is damaging diverse wildlife populations. It would seem, from the Prime Minister’s speech last Thursday, that the Government have now woken up to this fact. Analysis shows that the economic and social costs of drought far exceed the costs of addressing the problem and that the rate of return on investment of improving river health is high.

Nearly a quarter of rivers in England are at risk from unsustainable water abstraction, with 14% classified as overabstracted, meaning that water removal is causing rivers to drop below levels required to sustain wildlife. Some 9% are overlicensed, meaning that the river would be overabstracted if licence-holders took all the water they were entitled to. This situation is critical and should not have had to wait 14 years to be addressed.

As we heard, the Government conducted a consultation in 2009 and then again in 2016. I wonder if having consulted in 2009, the incoming Government did not like the responses and shelved the document. I have looked at the responses to the 2016 consultation. Farmers and the mining and quarrying industries were the highest responders, but some responders did not reply to all questions, as they did not all apply to them. Somerset has farming, mining and quarrying industries that are highly dependent on water abstraction. I found the responses of the water level management contributors most interesting, as I live close to the Somerset Levels. The internal drainage boards are only a small section of responders, but they are extremely important.

I was also interested in the response to Question 3 on excluding compensation provisions for future abstractors, with all six environmental groups agreeing with the proposal and all seven in the quarrying and mining sector disagreeing. I understand the Government’s dilemma in trying to please everyone. But water, as we know, needs to be both harvested and protected for the environment. The Government must transpose the water framework directive in full, establishing mechanisms and sanctions to enforce its implementation, even if we leave the EU. The 2027 deadline to increase the proportion of water bodies in good ecological status should be upheld.

The Government’s Brexit White Paper guaranteed that this important piece of legislation and its 2027 deadline would be transposed into UK law. Will the Minister now confirm that this will happen? In its Water for Life White Paper, Defra set out its intention to reform the abstraction regime to ensure sufficient water for wildlife and economic growth. The resulting legislation to make this a reality was due this spring. But in April 2017, the Minister confirmed that new legislation was on hold due to insufficient parliamentary time to take it forward.

In 2016-2017, Britain experienced the driest winter and early spring for more than 20 years according to the Met Office. But Parliament appears not to have been able to allow time for the Government to implement the vital legislation covered in the Water for Life White Paper.

As well as wildlife and biodiversity, water abstraction featured in last week’s 25-year environment plan. The Government aim to amend licences in cases of unsustainable abstraction; encourage water trading and storage; introduce more low-flow controls to protect the environment; and replace seasonal constraints to allow extra abstraction at high flows. They will be extremely busy and it will be good if all that comes to pass.

In many parts of the country, severe drought is a real issue, but in others, the problem is flooding. Managing water flow, storage and movement is key to all those areas affected. Not taking action on the directive for 14 years seems to these Benches to be dilatory in the extreme. I look forward to the Minister’s response on this important matter.

[Baroness Byford (Con)]

My Lords, I should perhaps declare an interest as a farmer in Suffolk. I do not think that we use any irrigation on our crops because the land is pretty heavy and wet—but I will correct that in the future if I am wrong.

Tonight is a slightly odd circumstance for me and for the noble Lord, Lord Whitty, who is in his place opposite. He and I took the Water Bill through the House back in 2003. I remind noble Lords who are contributing today that one of the things that we did with that Bill was to exclude small businesses from having to have a licence control certificate if they took less than 20 cubic metres a day. I think that that is still the position today.

I, too, pay tribute to the Secondary Legislation Scrutiny Committee. When I was in the same position as the noble Baroness, Lady Jones, as shadow Minister with the agriculture brief for 10 years, I relied on the committee a lot and I was very grateful to it for bringing certain things to my attention. The delay that it referred to at the end is certainly accepted as far as I am concerned—and I am sure will be by my noble friend the Minister when he comes to respond.

I will refer to one or two things within the section that we are dealing with. In fact, the Act came into being in 2003. If one were casting aspersions at the present Government taking a long while, I cannot remember why on earth in 2003 we did not move it on quicker and have the consultation earlier. Perhaps the noble Lord, Lord Whitty, will be able to remind me. There was quite a long time between the Act coming into being and going out to consultation in the first place. Again, the noble Baroness, Lady Jones, or the noble Lord will have more information than I do.

Agriculture, Fisheries and the Rural Environment

Baroness Byford Excerpts

Thursday 2nd November 2017 Lords Chamber

[Baroness Byford (Con)]

My Lords, it gives me the greatest joy to follow the very special contribution today of my good and noble friend Lord Plumb. As other noble Lords have already indicated, Henry’s contributions to agriculture over his lifetime have been immense. His leaving school at 14 to take on the running of the family farm, his membership of young farmers’ clubs, where he met Marjorie, his first steps into agricultural politics and, eventually, his rise to be the youngest vice-president of the NFU at the age of 38 all reflect a man with a mission.

My noble friend was elected as MEP for the Cotswolds in 1980, as we have heard, and later became President of the European Parliament. His people skills and ability to persuade marked him out as a man who could make things happen—and they did. This House has heard his memories of amazing events over these past 30 years and the lessons learned, but—and it is a very big “but”—he has always continued to look forward to challenges and opportunities, as we have heard today. We shall be very sorry not to see him on these Benches again.

On a more personal level, I have witnessed the contribution made by my noble friend Lord Plumb to the wider community through his support for farming charities and rural communities, as well as his desire to encourage young people to go into farming businesses. As some of your Lordships know, he is a past master of the Worshipful Company of Farmers and was master when I became a liveryman.

Time restricts me to these few remarks but, lastly, I should like to pay tribute to him for setting up the Henry Plumb Foundation in 2012. As he explained, its aim is to give young farmers a start—a leg up, not a handout. To date, 54 scholarships have been awarded. Each scholar is allocated a mentor, who is there to help, advise and encourage.

We warmly thank my noble friend Lord Plumb for all his contributions in this House, where he has been a walking encyclopaedia, and for his ambassadorship for the farming industry internationally. I know that he will continue to take an interest in parliamentary work, though perhaps from a more comfortable seat in Warwickshire.

I turn now to my very brief contribution as I am well aware that we are time-limited. I declare my farming interests as listed in the register.

We must have robust outcomes to the Brexit negotiations if the challenges we face on leaving the European Union are to be resolved. We must ensure that our agricultural, food and other businesses in rural areas are best prepared for the new trading opportunities that will emerge. Our producers must not be put at an economic disadvantage. Fair trade should mean free and fair trade for all, recognising the high standards set for UK businesses, especially for livestock producers.

We await the agriculture Bill, and I am pleased that it will be taken simultaneously with the 25-year environment plan; the two go together and should not be divided. This Government are committed to developing a system that will enable the UK to grow more, sell more and export more. I, like others, welcome this commitment.

I should like to raise three items. The first is trade agreements. We need the ability to increase the home and overseas markets to which I referred earlier. The second, as touched on by the noble Lord, Lord Whitty, is labour, including seasonal workers and skilled full-time workers. We must encourage more young people into apprenticeships so that they can learn while gaining work experience. Here, again, I congratulate this Government on what they are doing in encouraging apprenticeships.

Thirdly, and most importantly, we need more highly skilled scientists, technicians and engineers. In a world where GPS systems are the norm, where drones can give the exact area of crops that need fertiliser or other dressings and where robots will be able to pick soft fruit, one realises that farming methods have changed rapidly. A hundred years ago, the steam tractor was being developed. Today’s developments will change traditional methods of production, opening up new opportunities. As some noble Lords will know, earlier this year Harper Adams University cultivated, planted and harvested a complete field of barley—all with driverless equipment.

The question is: will we be ready? We must be, but equally we must not be afraid of doing things differently or taking calculated risks. We must have an open mind. Most importantly, we must encourage and support present and future generations who are eager to rise to the opportunities and challenges that we face in agriculture, fisheries and the rural economy.

Brexit: Environment and Climate Change

Baroness Byford Excerpts

Thursday 23rd March 2017 Lords Chamber

[Baroness Byford (Con)]

My Lords, it is my great pleasure to follow the noble Lord, Lord Teverson, and to thank him and his committee for producing this worthwhile report, Brexit: Environment and Climate Change. I follow his introduction by making three points. First, yes, there are challenges but I believe there are opportunities as well. The second is on the width and the span of issues that the committee looked at. In a way, we are missing the agricultural aspect. I know the committee is looking at that at the moment, which will perhaps slightly overlap with some of my comments—I apologise to members of the committee if I touch on things that they are dealing with currently. The third thing is the two reports we are awaiting, which the noble Lord just spoke about. To take that a bit further with the Minister, these two reports should be looked at together. It is not a question of, “This is the environment, that is climate change and that is farming and food production”. They are inextricably intertwined and should not be separated.

In following the previous debate, moved by my noble friend Lord Selborne—that committee’s report is headed A Time for Boldness, and the same is true of this report—we are reminded of how the issues of science and technology and those in this report are linked. Good things are happening and investment in the UK is still very high in both technology and science, as we heard earlier today. One extra thing that I would stress in terms of both reports is that often we are full of ideas but do not necessarily see them through to the conclusion of a product. As a country, we are very good at the first part, but not so good at the final product.

Over the years, science and technology have transformed the way land is farmed. One example is GPS. Another is the technology which enables farmers to apply the relevant amount of dressing in different areas of a single field so that unnecessary applications are not made, which avoids spoiling soil quality. It is a win-win situation for the farmers themselves, but more importantly for the environment, as fields are not overdressed, avoiding the run-off and pollution that can otherwise result.

Caring for the environment should be at the heart of any farming business, and here I remind the House of our family farming interests in Suffolk, where we grow cereals but are also committed to enhancing the natural environment. The report, in its summary, rightly acknowledges that those seeking to preserve and invest in improving the environment require long-term stability in policy, to which the noble Lord, Lord Teverson, referred. The report states:

“EU environment and climate change laws do not stand alone”.


Their implementation, monitoring and enforcement by EU institutions, as has been mentioned already, have made a great impression so far. That is something we need to look at. The committee goes on to express concerns about what will happen post Brexit and questions the self-regulation that may be imposed by the Government, which it is a little concerned may not be adequate. Perhaps the Minister will come back to that later.

Later in the summary, the committee’s report states:

“The UK would need to comply with, or seek to adopt measures equivalent to, EU environmental standards in order to continue to trade freely with the EU”.


Chemicals regulations are highlighted, along with pesticides, greenhouse gases and many other aspects. I would have included GM and modern breeding techniques there as well.

Thirdly, the report reminds us that the environment is shared, referring to terrestrial, marine and atmospheric challenges. Finding a way forward will certainly require the UK’s devolved countries to come together in planning future policies. Nowhere will this be more challenging than within the common fishery policies, which we debated earlier this year. I would also throw into that how much the climate changes in our own nation in any case: there is a lot of rain on the west side of the country but we are very dry on the other side, in the east and south. So it is not just a pure question of the devolved countries themselves. At the end of the day, what matters for us as a country and for our environment is soil quality. That is the one item over which we have some form of control, and we need to give it greater thought. We cannot control the amount of water that falls, but looking after the soil is extremely important.

I turn now to some of the simple recommendations. Chapter 15 talks about shaping farm practices and the way the former CAP has included crop rotation and green payments. Paragraph 57 says that the Secretary of State, Andrea Leadsom, reflected to the Environmental Audit Committee that two-thirds of the existing legislation can be translated straight away, and the noble Lord, Lord Teverson, highlighted the other one-third that still has to be brought forward. Paragraph 64 says that each department has been challenged to review how the legislation in their policy areas will be affected by Brexit, to ensure that environmental protection is maintained. Chapter 7 is entitled “Influence”. Here I refer to formal influence and the way in which informally we can continue to influence what happens outside these shores, in the European Union and in a much broader way. Within that I would include many of the NGOs and those involved in wildlife trusts.

The report poses many questions. I would add my belief that we can all individually make a difference. We can waste less food and refrain from dropping litter both on land and in the sea; the pollution in our seas is just horrendous at the moment, and we must tackle the commercial dumping of waste in the countryside and in our cities. We can belong to wildlife groups, and many do. We can belong to areas where they help and support our rivers and engage in work in the countryside. All this brings benefits to us individually and generally to the environment. Ultimately, it is the farmer, the landowner, the tenant or the contractor who cares for 70% of our countryside. As former president of LEAF and now a patron, I can say that we see and practise good farm-management systems and better terms for wildlife, alongside quality crops and good food production. It is not perfect, but we should use best practice.

Farming is simply a business like any other. At the end of the day we need to ensure that farms make a profit. I do not think they should necessarily be supported in the way that they have been, but farms have to be profitable or in the long term they will simply go out of business. Areas of the UK where profit cannot be made—there I would look to quite a bit of our upland area or small farms, where that is not possible—the challenge following Brexit will be what will happen there. What the majority of farmers need, and I think this has been highlighted by the report, is some long-term commitment. Their investment is long term, and without it we cannot produce the food that we so need.

A balance has to be struck between food production, the environment and climate change. Others will talk about climate change. All I would say from our point of view is that the pattern of climate has changed. I will not go into great detail; others will. There is a lot that we as individuals, NGOs, farmers and people who purely love the countryside and go into it can do, but financial uncertainty blocks investment—although I have to point out that at the moment the bank loans that have been given to the farming community have some of the highest rates, so the banks believe that there is a long-term future there.

The report is a good one. I am sorry I was not able to be a member of the committee, having enjoyed being one formerly, but I congratulate it because it has been drawn in a fairly short time. I look forward to hearing other noble Lords’ contributions.

Agricultural Sector (EUC Report)

Baroness Byford Excerpts

Tuesday 22nd November 2016 Lords Chamber

[Baroness Byford (Con)]

My Lords, it is a great pleasure to follow the introduction by the noble Baroness, Lady Scott of Needham Market. I was lucky enough to be one of the people who served under her chairmanship on several different reports. Some of the comments that come through this last report reminded me of one of our early ones, on innovation in agriculture. One of the key challenges of that was about how we get knowledge and good practice transferred from science to normal working on-farm. I was quite interested looking through the report to find that again reflected.

The noble Baroness and her committee really are to be congratulated on their report, which looked at price volatility and creating a more resilient agricultural sector. The recommendations were concluded before the June referendum result, as has been referred to, and hence the findings are even more key than they were at the time of publication, because clearly now we have an additional challenge.

Yesterday’s torrential rain can leave nobody in any doubt that climatic fluctuations are becoming a more regular feature. They are one of the causes of price volatility. When considering this, the committee felt that subsidised insurance schemes should not replace the current provision of direct income support through CAP. Following the decision to leave the EU, the Government will need to work with the industry to consider other methods for future insurance schemes, as the noble Baroness has referred to. In their response to recommendation 2, the Government confirmed that Defra has already set up the facility to give grants of up to £20,000 per farmer, available through the farming recovery fund. Could my noble friend the Minister clarify whether these payments are available immediately after a natural disaster, or whether there is a delay? My understanding is that there is sometimes a delay, which puts huge pressure on those farmers who are directly affected at the time.

Price volatility in agricultural commodity markets undermines the ability of farmers to make investment plans with confidence. Longer periods of low prices have resulted in the reduction of livestock herds, most noticeably in the dairy industry where farmers continue to exit the business, or in the switching of crops grown for food or fuel. These are some of the considerations facing farmers when taking decisions about future investments. As has been said, farmers take a long-term view. New buildings, machinery and diversification schemes all come at a price; uncertainty and lack of confidence in future profit make those decisions even harder.

I apologise; I should have acknowledged at the beginning that we have family farming interests and we receive the basic farm payment.

Neither the Commission nor the UK Government is solely responsible for providing information support. Those in the farming community, both here and in member states, have opportunities to help each other, through co-operatives, marketing products, and closer chain links between the food grown on-field and that eventually ending up on the plate. The AHDB, RASE—the Royal Agricultural Society—and its Innovation for Agriculture charity all have a part to play. If one is looking for added value, one could turn to organisations such as LEAF, of which I have had the great privilege of being president for the last year. Value is added to the goods produced and is recognised easily by the purchaser. These organisations promote high-quality, healthy food, something which all of us could aspire to.

The key to creating future resilience will come from science and technology, as referred to in the report. If anybody happened to be here last week listening to the Chief Scientific Adviser, Sir Mark Walport, as I was, they will realise what an important key to volatility and to the long-term future the whole question of science and technology can be. Within that is the question of how you manage risk.

In relation to recommendation 11, the Government’s response to funding of the agriculture sector reminds us that this Government have invested some £300 million from the public sector, alongside some £500 million being invested from the private sector. One of the things that comes out clearly from the report, which I was really pleased to see, is that it is looking to a future where both sectors work closely together. It is not a question of one source of funding being provided by the Government while farmers do the rest. There is a definite blending of the two, for the benefit of the whole.

Additionally, we have help from the UK agricultural tech strategy; £160 million is allocated to this, of which £77 million has already gone to 100 projects. It is key that the data from these projects and from other research are shared, available and passed down to farmers to enable best practice. One of the big challenges perhaps not picked up in the report, which I would like to have seen, is the question of how we get that information to the very hard-to-reach farms. So often the smaller farms—which are on their own and do not have big business plans—are the very ones needing that sort of help. Unless I missed it in the report, that was one aspect about which I thought, “I wish, I wish”.

We are obviously waiting for the Government’s 25-year plan for food and farming and their plan for the environment. I hope that the Minister may be able to say a little more about that in his winding up.

As we all accept, volatility is here to stay. The most important thing is that we build in risk provision to try to alleviate it in planning our forward businesses. The committee also quite rightly recognised the difficulty of forward planning for tenant farmers. It recommended that longer-term tenancies would aid those tenant farmers in seeking diversity and strengthening their stability. As the noble Baroness said, it also reflected on retirement schemes and equally, at the other end, on the encouragement of new entrants. To digress a little bit, I would particularly like to congratulate my noble friend Lord Plumb, who is not in his seat tonight, who has instigated a very good mentoring scheme and the welcoming and admitting of new young people into the industry. If I were looking at the other end, I would also mention the Addington fund, which helps people when they are retiring to find somewhere to retire to. At the same time, it often provides for little units in which they can continue to do some form of work. There are things going on in this country and I am sure in Europe too, which the committee could not cover. I hope the noble Baroness will not mind my having added them in my contribution tonight, because it is extremely important that we are aware of what goes on outside as well.

I mentioned science and technology. It offers us a chance of better animal breeding programmes, of tackling the big challenge of disease control with animals and with plants, of the better use of soil and water, and— if I might say it again—the ending of the appalling waste of food that we have seen. Again, I congratulate Sub-Committee D on its excellent report. A third of the food that we produce is wasted. If we are trying to restrain the amount of volatility that there is around, one good way would surely be to use the food we produce in a better way and reduce waste.

I congratulate the Select Committee. The questions that it has posed, both on the Commission and on government here, are very apt and very timely. I suspect that the response will be slightly different from what it would have been had we had this debate before the June referendum result was known. However, the use of public money and the input from our own financial institutions, the political decisions that affect volatility—I think of the Russian trade ban, which has had implications over recent years—and the way in which we can work together to produce food in the long term are all hugely important.

The noble Baroness talked about the importance of insurance and how we might deal with that, as well as the importance of future financial development. I was very pleased to get some facts and figures on the loans that our banks have been making. Some £24 billion is available to farmers, of which about £17 billion has already been called upon this year. The work of banks, including the European Investment Bank, is crucial when looking at how to build sustainable and productive farming in the future. Ultimately, the goods that we produce are not just about the environment; they are about the basic necessity to produce food for all of us to eat. The way in which we do this is hugely important if it is also to be of benefit to the environment.

The committee has done an excellent job in bringing things together for us to reflect on tonight. I am sorry that I have been able to touch on only a few of the aspects, but there is much in the report and, through the noble Baroness, I congratulate and thank the whole committee. I look forward to the Minister’s response.

--- Later in debate ---

[Baroness Byford]

The reason I mentioned that was because, when the CAP was introduced, it was actually to encourage farmers to produce more food. Then we ended up with food mountains, and that is why the CAP’s direction changed. It really goes back to square one, because there are people who believe that we could produce food without having any subsidy and that all the subsidy, or whatever it might be, should just go for environmental development. That is why I said that, in some ways, there is a slight contretemps between the two. I do not see it as a long-term problem, but it is a real issue.

[Baroness Parminter]

I am very grateful for that response. I absolutely echo the noble Baroness’s understanding of the historical position and where the CAP came from. Equally, I agree that there are some elements in the current debate about the future of the common agricultural policy in the post-Brexit context who think that the money should go just to the environment. My position is that we have to have the provision of healthy food and we have to have environmental protection. It is about producing both healthy food and a healthy environment.

For me, one of the ways that this has to be explained to the public—and, as my noble friend Lord Teverson rightly said, there is not going to be any political will to deliver subsidies because a lot of people see farmers just as an industry in the same way as aerospace or the car industry are industries—is to say that farmers are receiving support for providing a new national health service, which is healthy food, healthy environments and access to the countryside. If we can get to a language that talks about farming support for a national health service, that is a way in which the public might be persuaded and political will might therefore be delivered, in order to guarantee the funding that farmers need to survive. As I mentioned, I absolutely agree that the idea that farming can survive without subsidies, particularly in areas such as the uplands, is cloud-cuckoo-land. As other Members asked, how and when will the Government consult on designing their post-2020 agriculture policy? I know we ask this question at every debate but it is important to keep reiterating it.

Another thing the report is equally clear on—it was just mentioned so eloquently by the noble Lord, Lord Selkirk of Douglas—is the need to integrate the policy with the proposed 25-year environment plan. The report well makes the case that they should dovetail so that the agricultural policy can support the delivery of the 25-year plan and display a much more explicit link between outcomes and the use of public funds. To that end, will the framework for the plan be published this side of Christmas, as has been suggested? Will it contain clear targets that will go on to be enshrined in legislation for improving the quality of our air, water, biodiversity and woodlands so that the public can support the farmers in their role as providers of the healthy food and healthy environment on which we all depend?

[Lord Grantchester (Lab)]

My Lords, this is an excellent report and it has been an excellent debate, and I thank all contributors. I start by declaring my interest as a dairy farmer in receipt of EU funds, a past chairman of a farmers’ co-operative and a previous owner of a farm shop.

My experience in dairy farming could be characterised as periods of sporadic profitability interspersed with frequent challenges. There is disease, where I could name foot and mouth and the current spread of TB among others. There are political challenges, due to changes in deregulation and CAP support as well as the present Brexit uncertainty. There is severe weather, such as storms and climate change experiences over the past few winters. “Quite normal then”, I expect your Lordships are thinking.

The agricultural market could be characterised as one where the farmer generally has little influence in the supply chain, the market does not really work for anybody, cost and price in commodities are largely decoupled, world trade is distorted by differing support for agriculture by all Governments, and environmental and international developments drive wider and deeper challenges. Some of this analysis was mentioned by the noble Lord, Lord Trees, and I am grateful to him for drawing attention to the various smoothings in the volatility of returns over the years.

While no one is proposing a return to product price support, the result has been that the prices of agricultural produce have been driven down below costs of production, whereby direct income support through the BPS has become a larger and larger percentage of overall returns. This has not been conducive to investment. Where there have been periods of profit, this has often resulted in oversupply, initiating another downturn, sharp price reductions, another loss of good people and skills, poor levels of behaviour in the supply chain and further unfair shifting of business risk. This makes improving the ability of farm businesses to cope with unpredictable price and cost movements a key priority.

I thank the committee for this excellent and timely report, and thank the chairman, the noble Baroness, Lady Scott of Needham Market, for her comprehensive introduction to our debate. One significant conclusion is that adverse effects at farm level are caused more by unanticipated periods of sustained low prices than increases in levels of price volatility.

The UK’s decision to leave the EU will bring additional uncertainty to an already volatile marketplace. Following the vote, the weakening of the pound has supported farm output prices but risks the increase in costs of key inputs such as fertiliser which are themselves globally traded commodities. Inflation generally is likely to increase by 3% next year. Interestingly, the Agriculture and Horticulture Development Board has produced an analysis that examines five possible trading relationships between the EU and the UK.

The noble Baroness, Lady Parminter, spoke of the huge impact of tariffs following Brexit. I am grateful that the Government have announced that current levels of support will continue until 2020, as was also welcomed in the remarks by the noble Lord, Lord Selkirk of Douglas, while ongoing challenges in the level of support were highlighted by the noble Baroness, Lady Parminter. This support will provide a steady state, to a certain degree, allowing serious consideration of the issues raised in this report following the Brexit vote.

The report contributes by providing answers to the main challenge of designing a new architecture needed to replace the CAP and to provide shape to the Government’s 25-year strategy for agriculture. This challenge represents a unique opportunity to rethink the UK’s food system to make it fully responsive to the exacerbating predicaments of inadequate nutrition and unfairness in the supply chain, as well as to the environment and the impacts of food production on climate. This is highlighted in recommendation 14 of the report.

I congratulate the noble Baroness, Lady Byford, on becoming president of LEAF. I very much value the words of the noble Earl, Lord Kinnoull, and those of the noble Lord, Lord Selkirk, on the interlink between the environment and agriculture.

The UK certainly needs a comprehensive and coherent food and farming policy. The backdrop of a more sustainable agriculture will be provided by continuing to move from direct income support towards a better recognition of public goods being adequately valued and rewarded, as proposed by recommendation 15 and debated tonight between the noble Baronesses, Lady Byford and Lady Parminter.

Concurrently with this, improving the competitiveness of agriculture within the marketplace, and capturing these returns, certainly needs to be addressed. This cannot be overstressed. I urge the Minister and the Government to consider this most carefully, and I draw attention to the recent report of the Agricultural Markets Task Force, set up by the Agriculture Commissioner, Phil Hogan, entitled Improving Market Outcomes: Enhancing the Position of Farmers in the Supply Chain. There is a strong need to assess relationships along the whole supply chain. Farmers should not be the main shock absorbers in the supply chain. Unfair trading practices have to be identified and targeted by an effective regulatory framework.

An example of this recently came in a letter, from the food processor Müller Wiseman, introducing a new supply contract with such an element. The European Commission report of 29 January 2016 on unfair business-to-business trading practice in the food supply chain states that,

“one party should not unduly or unfairly shift its own costs or entrepreneurial risks to the other party”.

Although it is not within the Minister’s department’s responsibilities, the extension of the groceries adjudicator role to being able to examine relationships along the whole supply chain could be vital and build on the very successful monitoring of the practices of the retail supermarkets. I look forward to the Government’s response, following the closure of the call for evidence on 10 January.

The supply chain also needs to look at value chain integration, with effective value-sharing mechanisms between each element along the supply chain, to establish a fairer link between producer prices and the added value accruing along the chain. The supply chain needs more diversity, innovation and incentives for improvement. I am glad that the noble Lord, Lord Teverson, in his remarks, drew attention to marketing and adding value.

Co-operation and competition law is another key area for the Government to consider. While the dairy farmers’ processors combined, following the severe crash in farm prices after foot and mouth, to raise the wholesale price to more sustainable levels, the competition authorities found suppliers guilty of combining against the interests of the consumer, who could have had lower prices. The Minister’s department needs to consider carefully the taskforce’s recommendation that,

“the Commission should unambiguously exempt joint selling … from competition law if carried out by a recognised producer organisation or association of producer organisations”.

A large element of all recent reports and recommendations—included here under recommendations 6, 7, 8 and 9—is the promotion of finance instruments to manage the risk and volatility of farmer pricing. The Government’s response is, quite rightly, to proceed most carefully following the anticipated report from EKOS Limited. Availability and expense could prove difficult, coupled to the added risk that is once again pushed on to the farmer. I share here the concerns expressed by the noble Earl, Lord Kinnoull.

Key elements of the report are contained in recommendations 11, 12 and 13, which concern research, training and benchmarking, which were highlighted in the remarks of the noble Baroness, Lady Byford, and the noble Earl, Lord Kinnoull, and data sharing and transfer, referred to by the noble Lords, Lord Trees and Lord Selkirk. The Government’s response is to be welcomed, especially in their commitment to fulfil a broadband universal service obligation by 2020, even though this falls somewhat short of ambition.

A key recommendation of the report is recommendation 3: that the Government,

“should consider how Rural Development funding can be used to accelerate structural change and create opportunities for new entrants into farming”.

The industry and some rural organisations have been slow to recognise this and rise to the challenge of providing advice and schemes to encourage and progress this development, although the noble Baroness, Lady Byford, mentioned some excellent schemes which are just beginning. The noble Lord, Lord Trees, also drew attention to an orderly exit process.

The greater challenges are to create pride and trust in the agricultural industry, to improve its perception and image for the public and to provide attractive career paths and increase the quality of the delivery model. I look forward to the ongoing dialogue over the challenges ahead and welcome the remarks of the noble Baroness, Lady Parminter, that this timetable may be adhered to by the Government. My one question to the Minister is: what are his key elements that are going to deliver change?

[Baroness Byford]

Before the noble Lord sits down, perhaps I could just correct him. Two noble Lords have mentioned as a fact that I am president of LEAF. I must have expressed myself badly: I have been president of LEAF for the last 10 years and very proud to have been so. I have just handed over to Her Royal Highness the Countess of Wessex, as I am moving on to become patron. I did not want this not to be corrected at some stage but did not like to interrupt either of the noble Lords.

[Lord Grantchester]

I thank the noble Baroness, Lady Byford, for correcting us. I always had the impression that she was closely involved with LEAF and I apologise for not realising that sooner.

Single Farm Payment Scheme

Baroness Byford Excerpts

Wednesday 20th July 2016 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I thank the noble Lord. We both hold the dairy industry extremely dear. On that point, one of our highest priorities of all is to ensure that we are now working on the creation of a domestic agricultural policy that will support our farmers and consumers in our country at large.

[Baroness Byford (Con)]

My Lords, can the Minister cast a bit more light on the reasons for some of these delays? Is he confident that the new IT system is adequate? Over the years, IT system failure has caused delays in many of the payments. I should declare that we have received our farm payment.

[Lord Gardiner of Kimble]

My Lords, I understand what my noble friend said, and yes, I have looked into this already. The main IT system has worked very well indeed, and in fact, over 80% of the claims were submitted online this year, which is the highest proportion of online claims in any one year. We need to improve on that. A lot of the work this year has been about improving the IT system. We have invested quite a lot; now we need the return.

British Agriculture

Baroness Byford Excerpts

Thursday 26th February 2015 Lords Chamber

[Baroness Byford (Con)]

My Lords, I congratulate the noble Lord, Lord Willoughby de Broke, on achieving this debate. I thank him for his contribution, some of which I agree with and some of which I clearly do not. I should also declare my family farming interest and my membership of the NFU and the CLA.

I understand that farming is one of the most regulated industries. We should be working towards minimum regulation and the encouragement of good practice, only legislating where it is truly necessary. The question is: what is the problem? Has risk-assessment research been undertaken, and has sound science been implemented there? If the answers to those questions are yes, should regulation be introduced with a review planned afterwards?

I am grateful to this Government for responding to Richard Macdonald’s task force review and for the work undertaken by the noble Lord, Lord Curry of Kirkharle, chairman of the Better Regulation Executive, who looked at smart regulation. I was, like others, encouraged to read of the incoming Commissioner Juncker saying that removing unnecessary red tape was at the centre of his political agenda and that his first vice- president has been given responsibility for looking at better regulation. I do not mind whether we call it better or smart, but it needs to be looked at and I, like others, am concerned about the dismissal of the scientific officer.

In this country, the Government have been tackling the current position on regulations. The Secretary of State, the right honourable Liz Truss, speaking at the NFU conference earlier this week, said that Defra was on course to cut 80% of the guidance given to farmers over the course of this Parliament. My goodness, that would be an achievement. They will have cut some 34,000 farm inspections due to farmers who have gained earned recognition. I cannot go into this more deeply, but I know that the Minister will know about that. This has been made possible by the various assured schemes on offer to farmers, so progress is being made.

However, one cannot be complacent. Relevant regulations over the years have protected food production, the environment and animal health and welfare, and have recognised the importance of soil and water in growing crops. However, there are concerns: some have been touched on but I will reinforce them. The new cap, the greening rules and the proposed three-year crop rule—which has been introduced for farmers with more than 30 hectares of land—bring huge challenges to many farmers, particularly the smaller ones and dairy farmers, who normally grow grass and perhaps only one crop on the farm as cattle feed. Those farmers are under serious threat and I would be interested to hear what the Minister has to say when he comes to wind up at the end of the debate.

Secondly, as has been mentioned, the loss of plant protection products—such as herbicides, pesticides and fungicides—due to EU regulation has had an alarming effect on production. I do not know if your Lordships are aware, but since 2001, half of these products have been removed due to the overly cautious regulation principle, rather than taking into account, for example, the dose level and exposure of existing products. This risks reducing yields and exposes the crops to black-grass, which is a huge problem in the long term. Will the Minister tell us whether research is being undertaken to review bee colony numbers, now that these products have been withdrawn; or whether it was more climatic and other conditions, rather than the neonics themselves, that caused this problem? I am sure it would be a useful study if it has not been undertaken already.

Yesterday, an article in the press referred to an EU proposal that I nearly did not believe existed. It would require insurance cover for all owners of lawnmowers, golf buggies and mobile scooters that never leave private land. If they were in the public domain, it would be understandable, if slightly questionable, but these are only on private land. While I know that this comes within the remit of the Department for Transport, it obviously affects farmers as well. It brings to mind the proposal, which I think was then dropped, to restrict the driving of tractors to four hours a day. We just need to be very aware of some things that are not practical.

We need to be constantly aware of regulations that are not fit for purpose. Does the Minister agree that the EU GM regulations are not fit for purpose, either in respect of the current process or in anticipation of new crop biotechnologies, such as gene silencing and site-directed nucleases? I welcome the recent EU announcement that allows member states to take the decision on whether to grow GM crops, but there are some persistent questions that need answering within that. There are many who have reservations about GM technology. There are reports of its success in some parts of the world, but some express concerns about the effects experienced by other countries. Does the European Commission track such evidence; where does this responsibility lie; and who, if anybody, challenges the evidence that is coming forward from other parts of the world?

Food security, increasing populations, climate change and the growth of energy crops all put great pressure on agricultural land. In this country, we produce only 60% of the crops we need indigenously, which means that we are reliant on importing 40% of our food globally. That also has an effect on our balance of payments. Whether that can be sustained in the long term or not is a big question. “Backing British Farming in a Volatile World” was the title of the NFU conference held earlier this week, which recognised the challenges facing farmers today.

Another way in which agriculture across Europe can be helped is by greater co-operation and research-sharing between member states. I am very glad that my noble friend Lord Caithness referred to EU Sub-Committee D, on which he and I used to sit together and on which I now, temporarily, still sit. Over recent years, we produced two reports to which I want to refer, one of which he touched on. In the summary of that report, Innovation in EU Agriculture, we stressed the importance of science and research as key elements for increasing yields, but that this knowledge and innovative changes must be put into practice on the ground for farmers to understand and take benefits from. The report stated:

“Regulation should help, not hinder. Politicians and society must not be afraid of new properly tested technologies … Benefits and risks must be clearly articulated, recognising that too cautionary an approach may pose risks to global food security”.

The other report, which we produced more recently, was called Counting the Cost of Food Waste. In that, we recognised:

“The EU has an important role to play in encouraging co-operation throughout the supply chain. It must also look at its own regulatory framework and consider where that may impede food waste prevention throughout the component parts of the supply chain”.

I guess that in this Chamber, it will not surprise its Members to hear that we waste a third of the food that we produce in this country and across Europe. If we could save and make better use of that food, there would not be so much pressure to produce more and more, while at the same time we know that we have more and more mouths to feed.

I am passionate about the way in which we in this country and across Europe can and do produce food. I believe that farmers want to be allowed to get on with it within reasonable constraints of correct regulation where it is needed. I am not as pessimistic as the noble Lord, Lord Willoughby de Broke.

Perhaps I might take up the point made my noble friend Lady Miller of Chilthorne Domer, who talked about healthy eating. I come back to square one: I believe that we are tending to go so much towards the nanny state. At the end of the day, it is really for us as individuals to take responsibility for what we eat, how much we eat, what we do and the exercise we take. Having said that, it is the Government’s prime responsibility to defend the nation and to feed it—and in that, I am very glad that my noble friend Lord De Mauley is the Minister at this moment.

--- Later in debate ---

[Lord Grantchester (Lab)]

My Lords, it is always timely to consider for a moment the status quo of agriculture in the EU, what is current reality and what our objectives are for UK agriculture. I am grateful to the noble Lord, Lord Willoughby de Broke, for initiating this debate today and I declare my interest as a farmer receiving CAP funds.

The topic is wide ranging and all speakers have highlighted various areas for concern, but let us be careful with our conclusions. It will be no surprise that I do not share the conclusions of the noble Lord, Lord Willoughby de Broke. All nations support their agriculture. The figures speak for themselves. In England alone, the total support from CAP payments in 2012 was just over £2 billion. That is 27% of the value of farming, which is some £7.25 billion in total. To those who say that Britain could be like Norway or Switzerland, I would suggest that they look at the comparison with agricultural subsidies in those countries: they are far higher, at 60% in Norway and more than 50% in Switzerland. I cannot see this as a likely or credible outcome for agricultural support here, should the UK leave the EU. Agricultural support would be nowhere near this level, or even at the status quo level.

Furthermore, Britain is a trading nation, which pertains in agriculture as well. EU exports would be in jeopardy. In 2013, some 105,331 tonnes of British beef went abroad, of which only 4,574 tonnes went to non-EU states. Sixty per cent of it went to Holland and Ireland. This reliance on exports to the EU would mean that UK producers still needed to comply with EU trading regulations, yet would be without influence on any future decisions, as the noble Lord, Lord Kerr, has argued. What British agriculture produces is world-class and competes with any of its neighbours on quality. Britain needs to be at the table in Europe, shaping the decisions that will affect its farmers and food supply chain. The agri-food sector contributes £97.1 billion to the economy each year and supports the jobs of more than 3.5 million people.

Yet this not to deny that there are issues to address and implementations to be improved. Under this Conservative-led Government, however, the outcomes of the reformed CAP have been rather disappointing, failing to deliver simplification and failing to achieve further progress on decoupling support with a move towards a greener CAP and more profitable farming.

The Labour Party is clear that we want to see UK farming profitable, thriving and competitive. UK farming can respond to international food markets and meet global demand but at the same time protect and enhance natural resources, without a trade-off between food production and the wider issues of sustainability. The CAP has a clear role in the delivery of this and in providing resilience to enable responsible land management, recognising the public goods delivered such as mitigating flood control and providing recreation against an attractive landscape. This is why modulation from Pillar 1 payments to Pillar 2 payments of 15% from 2017 will be necessary. The next Labour Government have a clear commitment to support agriculture in the context of doing more to support the rural economy and get best value for money.

The delivery of all this through regulation is a vital area of concern to all speakers in the debate today. The noble Lord, Lord Willoughby de Broke, has highlighted the withdrawal of crop protection products, as has the noble Baroness, Lady Byford. Labour supports this precautionary principle, as both have spoken about, but this must be underpinned by science and be evidence based.

We recognise the contribution provided by the Crop Protection Association members, with investments of nearly £4 billion per annum globally to develop innovative solutions that support safe and sustainable food production. The process leading to the licensing of new protection products will be complex, costly and lengthy. But the process must be consistent and focus on mismanagement and evidence rather than be hazard based. The noble Lord, Lord Willoughby de Broke, and the noble Earl, Lord Caithness, have highlighted the report produced by farm business consultants Andersons: the impact of hazard-based regulations will curtail profitability, restrict most crops and even curtail some food altogether, with consequential job losses along the food supply chain.

Perhaps the Minister in his remarks, and in answering the questions of the noble Earl, Lord Caithness, can reflect on how regulation has slipped into this, what protocols exist whereby the Government may re-examine the basis of assessments and what his Government are doing to ensure that British agriculture has the tools at its disposal to increase production and productivity, which we believe should be at the heart of policy-making.

Several noble Lords have mentioned neonicotinoids as a further example of inappropriate regulation. The studies and research on pollinators are incomplete, with insufficient data at the moment. That is why the Labour Party supports the temporary ban on neonicotinoids, for the mean time, as an appropriate response to the European Food Safety Authority’s evidence on the contribution of neonicotinoid use to pollinator decline in the UK. The ban is due to be reviewed this year.

On the subject of genetic modification of crops, once again the noble Lord, Lord Willoughby de Broke, and the noble Baroness, Lady Byford, have argued that this is far from fit for purpose. We recognise the assiduousness with which ACRE—the Advisory Committee on Releases to the Environment—undertakes its assessments. The safety of citizens and consumers with the environment should be the Government’s top priority. Any decision needs to be based on scientific evidence on a case-by-case basis. Nevertheless, genetic modification and new agricultural biotechnologies and techniques could be a powerful tool to tackle the challenge of global food security. These technologies have the potential to put crop protection in the seed rather than in the environment.

Labour agrees that it is right that EU member states should be able to decide themselves whether to allow certain GM crops, after careful consideration and in tandem with public recognition of their acceptance. In the light of the recent decision of EU Environment Ministers to enable member state decision-making on GM crops within the EU framework, when does the Minister think the first commercial application for GM cultivation in the UK will take place, and for what products? How will the Minister take forward a balanced argument to the public, based on science and evidence, robust safety controls, responsible biosecurity and labelling?

While there are many regulations that can cause problems, the one that has perhaps received most coverage, especially as it is pervasive to cropping systems, is the three-crop rule. This is one of the criteria to be met by farmers and growers to secure 30% of their direct payment. In England, although the NFU and environmental groups alike are critical of the overall EU reform package, they have conceded that the UK Government have done the “best of a bad job”. Perhaps in his remarks, the Minister might reflect on why his department could not have done a better job. Does the Minister consider that the new Commissioner’s approach, as highlighted by the noble Earl, Lord Caithness, could provide a solution in this situation? After all, this rule cuts across many businesses that have been developed to generate efficiencies and co-operative practices. What are the Government doing to mitigate unintentional consequences from this element of the package?

The noble Baroness, Lady Byford, and the noble Lord, Lord Stoddart, mentioned food security. This concept is often spoken about as if it is only to be assessed against self-sufficiency of production. The Labour Party believes it is more complex than that and is also a function of distribution and reducing food waste, as has been mentioned, in the face of challenges such as climate change and decarbonisation. It is also a function of social and economic policies and good governance.

The Labour Party has a strong record on food security. It was the previous Labour Administration who undertook a coherent analysis of food security in 2009-10 with the Food Matters report, the Foresight report on land use, leading to the strategic Food 2030 report—regrettably now scrapped by this Conservative-led coalition. Perhaps the noble Baroness, Lady Byford, had forgotten this report in her statement that there had been no such strategic analysis in the past 30 years.

[Baroness Byford]

I know that time is running out so I will be very brief. I had not forgotten it. I did not think it was as good as it might have been.

[Lord Grantchester]

I accept the comment of the noble Baroness. The UK’s confident level of food security would not last under this Government—