Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024

Baroness Hayman of Ullock Excerpts

Wednesday 15th January 2025 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the draft Regulations laid before the House on 21 November 2024 be approved. Considered in Grand Committee on 13 January.

Motion agreed.

Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024

Baroness Hayman of Ullock Excerpts

Monday 13th January 2025 Grand Committee

Moved by

[Baroness Hayman of Ullock]

That the Grand Committee do consider the Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, these regulations were laid before the House on 21 November 2024. This instrument has been laid to amend existing legislation governing egg marketing standards to enable free-range eggs to be marketed as such for the duration of mandatory housing measures, which restrict the access of laying hens to open-air runs.

Currently, when free-range hens are placed under mandatory housing measures due to disease outbreaks such as avian influenza, the egg marketing regulations allow their eggs to continue to be labelled as free-range for 16 weeks only; this is known as the 16-week derogation period. If the mandatory housing measure lasts for longer than 16 weeks, eggs from those hens must be labelled and sold as barn eggs. The requirement for egg producers and packers to relabel free-range eggs as barn eggs once the 16-week derogation period is exceeded is difficult to implement in modern automated packhouses. This adds significant logistical and packing costs to the industry.

This SI aims to remove the 16-week derogation period so that free-range egg producers and packers can label and market eggs as free-range for the duration of a mandatory housing measure, however long that may last. During mandatory housing measures, egg producers still have the higher operating costs of maintaining their free-range egg system, with the additional cost of having to ensure that hens are also temporarily housed indoors. The normal laying period of a productive free-range laying hen in the UK is around 90 weeks. This SI will remove the derogation, which affects only a small part of a laying hen’s productive life, with all the other free-range criteria still needing to be met—except access to open-air runs.

In 2024, Defra held a joint consultation on these proposed changes with the Scottish Government. Some 70% of respondents supported the removal of the derogation. The removal of the 16-week derogation period has already come into force in Scotland. Following their own consultation exercise, the Welsh Government have also announced that they will introduce legislation to remove the derogation.

In 2023, the EU amended its egg marketing standards regulations to remove the 16-week derogation period, which, through the Windsor Framework, applies also to free-range eggs produced in Northern Ireland. Without this SI, the introduction of any mandatory housing measures that last longer than 16 weeks—during, for example, an avian influenza outbreak—could be detrimental for English free-range egg producers and result in an increase in free-range eggs being imported from the EU and Northern Ireland. This could have a significant negative long-term impact on the English free-range egg industry. This SI restores alignment with the EU and Northern Ireland.

It will also ensure that free-range egg producers and packers do not incur additional costs for adhering to government-imposed housing requirements. Outbreaks of avian influenza usually occur during the winter months—as was the case in 2021-22 and 2022-23, resulting in the introduction of housing measures for poultry that, in both cases, lasted longer than the 16-week labelling derogation period: for an additional six weeks in 2021-22, and for an additional seven weeks in 2022-23. So it is imperative that this SI is in place for the rest of the winter period and beyond.

We continue to uphold the high standards expected by UK consumers and businesses. The change contained in this statutory instrument will safeguard our Great British egg industry. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for her introduction to this fairly straightforward SI, which allows, during an outbreak of avian flu, for poultry that are normally free-range with access to open-air runs to be kept in barns for an additional period of time. The current derogation’s continuous limit of time during which birds can be kept in barns and still be labelled as free-range is 16 weeks, as the Minister said. During the avian flu outbreak in 2021-22, the period was extended from 16 weeks to 22 weeks. During the 2022-23 outbreak, it was again extended—on this occasion, to 23 weeks.

The UK is 90% self-sufficient in egg production. As markets for eggs need to be strictly in alignment with the EU’s for the purposes of trade, it is important that UK regulations closely match those in operation in the EU. As 94% of UK egg exports go to the EU, it is important that our egg producers are not at a disadvantage during outbreaks of avian flu. Removing the 16-week derogation limit will ensure that UK producers have parity with the EU; I fully support this move.

However, as the UK seems to be affected by avian flu on a fairly regular basis during the winter months, I wonder whether there is likely to be a maximum number of weeks when birds need to be kept in barns and still be labelled as free-range. Six or seven weeks is a short period by which to extend the derogation but the effect of increasing the derogation, as happened in 2022 and 2023, meant that it was for nearly 50% of the year. Can the Minister give reassurance that this derogation will not be extended any further? I note that she said that the Government will extend it for “however long” is necessary. It is difficult to see how the consumer is likely to be persuaded that eggs that have been barn raised for30 weeks of the year, say, can still be labelled as free-range. As we all know, free-range eggs attract a premium on the price the consumer pays.

I turn briefly to the subject of the consultation that took place between 9 January and 5 March 2024. Eighty egg producers, 20 egg packers and 49 members of the public responded. The response from the public is amazingly small, which raises questions. How was the consultation conducted? Where was it advertised? Given that consumers are very exercised about the conditions in which poultry are kept, and that many choose free-range eggs over barn eggs because they believe the birds have a better quality of life in the open air, I am surprised that more did not respond to the consultation. Perhaps the Minister can give details of how engagement with the public on the consultation was conducted.

Despite that query and concern about the derogation limit being extended to beyond 50% of the year, I support the SI but feel that avian flu is not going away, and egg producers need a way of dealing with the effects that it has on their business, as well as consumers needing reassurance that they are getting what they pay for in buying free-range eggs.

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[Baroness Hayman of Ullock (Lab)]

I thank noble Lords who took part in this short but important debate. As someone who keeps free-range hens—only a small number of them—I am very pleased that noble Lords have supported this SI because it is extremely important to have clarity for the industry on this matter. I thank noble Lords for their pertinent and helpful questions; I will do my best to respond to them all in turn.

On Wales, as the noble Lord, Lord Blencathra, said, the Welsh Government have now indicated that later this month they will lay an SI to remove the 16-week derogation period. Subject to the Senedd’s approval, we expect the regulations to come into force in February this year.

On enforcement, the Animal and Plant Health Agency’s egg marketing inspectors conduct risk-based and random checks on domestic and imported eggs at farms, wholesalers, distribution centres and packing centres. Local authorities also conduct checks at retailer level. The inspections ensure that only free-range eggs are labelled “free-range” during mandatory housing measures.

As to the necessity of mandatory housing measures, I receive regular updates and advice from the Chief Veterinary Officer about all decisions on when to introduce, amend or lift regional or national avian influenza prevention zones, which mandate enhanced biosecurity, and on when to extend them to include housing measures. In fact, I am meeting the Chief Veterinary Officer tomorrow to discuss a number of issues, including this one. Such decisions are always based on risk assessments containing the latest scientific and ornithological evidence and veterinary advice. Restrictions will therefore apply only while the risk remains.

In recent years, as I said earlier, the longest periods of mandatory housing measures being in place were in 2021-22, when it was for 22 weeks, and in 2022-23, when it was for 23 weeks. As I mentioned in my opening speech, the normal laying period of a productive free-range hen in the UK is around 90 weeks, so 23 weeks—the longest period— is actually a short period in that laying hen’s productive life.

Both noble Lords asked about the length of mandatory housing and its impact on the meaning of “free-range”. I fully understand why that question is being asked, but we do not have any intention of reviewing the definition of “free-range”. If we decide to do so, we will need to assess how amending our regulations would affect the UK internal market, our industry and our trade with the EU as our biggest export market.

The noble Baroness, Lady Bakewell, asked specifically about consultation. Defra ran a joint consultation with the Scottish Government. It was open between 9 January and 5 March 2024. This eight-week consultation was held to obtain a comprehensive understanding of the views of the industry and the general public on the intended purpose of the removal of the 16-week derogation period. It was an open consultation run on Citizen Space, and it was published and advertised through a press release and by contacting key stakeholders.

A question was also asked about reducing the risk of confusing or misleading consumers. We are encouraging retailers to place signage where eggs are displayed for sale that informs consumers of the imposition of mandatory housing measures, the impact that this will have on marketing free-range eggs and, notably, that the rest of the free-range criteria continue to be met, except for access to open-air runs. We believe that that kind of transparency will benefit consumers and is in the best interests of producers and retailers. The important thing is to have transparency, so that everybody understands the situation and can make purchasing decisions bearing it in mind.

In conclusion, I hope noble Lords fully understand the need for this instrument. Again, I thank them for their support. We need to enable free-range eggs to be marketed throughout the duration of any government-imposed mandatory housing measure to allow for trade to continue. The removal of this derogation will reduce additional logistical and financial pressure for egg producers, in the event of a mandatory housing measure.

Aligning with the devolved Governments and the EU also ensures that English producers are not put at a disadvantage if mandatory housing measures come into force. When they are put into place, we of course take the welfare of the hens into consideration. As I said before, it affects only a small part of laying hens’ productive life, so we are confident that animal welfare standards will be maintained and that consumers will be assured that the welfare of the laying hens is still a key priority during any mandatory housing measures.

We also must do our part to support our great British egg industry by ensuring that it has a level playing field with trading partners such as those in the EU, which have adopted similar provisions for their free-range egg producers. I hope that I have answered all the questions but will check Hansard to make sure. If I have missed anything, I will respond in writing.

Motion agreed.

Water Bills

Baroness Hayman of Ullock Excerpts

Thursday 9th January 2025 Lords Chamber

[Lord Roborough]

To ask His Majesty’s Government what steps they are taking to ensure that water bills are affordable for consumers.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, nobody wants to see bills rise, so the Government are committed to tackling water poverty and holding the water sector accountable for its commitment to end water poverty by 2030. That is why we are pushing companies to have sufficient support available for customers who are struggling to pay their bills while at the same time challenging Ofwat to ensure that all company investments are affordable and that customers do not pay twice for upgrades.

[Lord Roborough (Con)]

My Lords, higher government borrowing costs are being imposed by markets questioning the Government’s Budget assumptions, as I discussed in this Chamber on 19 December. Higher financing costs are likely to be passed on to UK domestic companies, including in the water industry. Does the Minister agree that this makes SAOs more likely? Having rejected our amendments to protect consumers from increased charges in that event in the Water (Special Measures) Bill, is the Minister willing to commit that extra charges will not be levied on consumers in SAOs?

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

We are working very closely with water companies in order to ensure that consumers do not have extra charges placed upon them and that anything the water company wants to do through future investment, through the price review that has just come through, does not land in customers’ laps in a way that it should not. It is really important that the water commission, which we discussed recently in the Water (Special Measures) Bill, looks carefully at how water companies operate financially to ensure that consumers do not suffer unnecessarily.

[Baroness Winterton of Doncaster (Lab)]

My Lords, does the Minister agree that water companies should be encouraged to work closely with local organisations, such as citizens advice bureaux, to ensure that debt relief advice is available? If water companies are encouraging people to go on to direct debit, perhaps when they have water meters, they should not make big charges and then when they have taken a lot of money refuse to alter the direct debit to reflect what people are actually using, which can often get people into debt. Will she encourage water companies to look at these measures?

[Baroness Hayman of Ullock (Lab)]

My noble friend makes some extremely important points. Citizens Advice does an important service in supporting vulnerable people. Water companies should work with all charities, such as Citizens Advice, in order to support vulnerable consumers. It is important that we simplify the processes so that customers who need extra assistance can get it. Citizens Advice is an important part of that and helps customers get advice on benefits and managing debt, particularly customers who have not been in financial difficulty before. My noble friend makes some very good points.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the expected rise in water bills to ensure future investment in infrastructure, so deliberately disregarded in the past by water companies, will fall heavily upon small businesses that use water and farmers, for whom water is essential for rearing livestock and growing crops. Is the Minister talking to her Treasury colleagues about how to help this vital element of our economy with this burden, which will affect small businesses’ and farmers’ profitability?

[Baroness Hayman of Ullock (Lab)]

I assure the noble Baroness that Defra is regularly in contact with the Treasury about all issues such as this, particularly about how to support people going forward. Many of the challenges farmers in particular face—my colleague is at the Oxford Farming Conference today talking to farmers—are to do with long-term security and the ability to bring in long-term investment. Water affordability is an important part of that.

[Baroness McIntosh of Pickering (Con)]

My Lords, does the Minister have the most recent figures for the level of bad debt in the water sector, particularly among vulnerable households? If she does not have the figures, could she release them by letter to the Library? Will she inform the House of how she intends to address the level of bad debt at this time?

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

I do not have the figures to hand for the level of bad debt, but I am, of course, very happy to provide them to the noble Baroness and share them in writing.

[Lord Bird (CB)]

My Lords, is it possible to extend the argument around water to the quality of water itself and health? We have people suffering from dehydration. That is one of the major problems doctors face when people in poverty go in. Therefore, we really need to lean on the water companies. Can the Government lean on the water companies to improve the quality of water so that we do not get E. coli, as we did recently? People need water to be healthy.

[Baroness Hayman of Ullock (Lab)]

The noble Lord is right that people need water to be healthy. We have the Drinking Water Inspectorate, which has a very high rating. The issues we had last year around E. coli were very unusual, but it is critical that we do not have situations like that arising again. That is why it is important to work with water companies to make sure that situations like that are going to be planned for, so that if they occur, they can be dealt with swiftly. Ideally, we need to continue to work with the Drinking Water Inspectorate to ensure that such situations do not arise in future.

[Lord Whitty (Lab)]

My Lords, I commend to the Minister the suggestions from the Consumer Council for Water, a commendable organisation that deserves more support. It has made six suggestions on reducing water bills for vulnerable people, including those in single occupancy premises and those with medical conditions, largely using the WaterSure mechanism. Can she pay particular attention to those suggestions and hopefully put them into effect?

[Baroness Hayman of Ullock (Lab)]

Clearly, it is important that we protect the most vulnerable. We expect water companies to put robust support in place to address water poverty. My noble friend mentioned WaterSure, but there are options such as payment breaks, social tariffs and debt management support. It is important that water companies work with vulnerable customers to ensure that they know all the options available to them. The Consumer Council for Water does important work, so I think it is important that the suggestions it made are looked at seriously.

[Baroness Pinnock (LD)]

My Lords, following on from the answers that the Minister has just given—and I have relevant interests to declare in the register—all water companies have a variety of schemes to support customers who are in water poverty. The issue for me is that not all of them are as generous as they ought to be. Is the Minister prepared to speak to water companies to ensure that a greater proportion of their profits is focused on supporting households in water poverty so that, across the country, every customer in water poverty has access to a well-funded scheme?

[Baroness Hayman of Ullock (Lab)]

It is important that every water company does everything it can to support vulnerable customers. Like all businesses, some are better than others. We are working with water companies to try to ensure that they all come up to the same high standards that we expect. We know that some companies have committed to supplement support with contributions from shareholders’ profits between 2025 and 2030. Ideally, it would be good if all companies were prepared to do that.

[Lord Watts (Lab)]

My Lords, given the failure of the regulator to control these water companies, is it not about time that we had a new regulator that would look after the public?

[Baroness Hayman of Ullock (Lab)]

This takes me right back to the Water (Special Measures) Bill, where this was discussed in some depth. The simple answer to my noble friend is that this is something that the water commission, which is making good progress under Sir Jon Cunliffe, will look at and will be central to the outcome for the future of the water industry, because there is great dissatisfaction with the way in which the water regulator has managed things in the past. Certainly, that is something that will be central to the water commission’s investigations.

[Lord Kamall (Con)]

My Lords, one way of possibly reducing water bills is through the installation of domestic water harvesting systems. I know they are not feasible for all consumers, but what is the Government’s view on encouraging and perhaps assisting more people and possibly SMEs to install domestic water harvesting systems in order to reduce their water bills? It is also better for the environment.

[Baroness Hayman of Ullock (Lab)]

I think one thing water companies could be better at is providing advice to consumers about how to cut their water usage. We are not particularly good at that in this country; other countries are much better at it, and I think it is something that we need to encourage water companies to do.

Flooding

Baroness Hayman of Ullock Excerpts

Tuesday 7th January 2025 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I begin by adding my thanks to fire and rescue workers for their invaluable help over these last few days. Their commitment and expertise have been exemplary. I add to that list the council workers and volunteers throughout the country who have helped in these emergencies, and in particular the Environment Agency and Natural Resources Wales for their invaluable expertise.

Yesterday morning, as a result of a rapid thaw of lying snow and extremely heavy rain overnight, the Environment Agency in England had 167 flood warnings in place, where flooding was expected, and 312 flood alerts, where flooding was possible. Trains were cancelled and roads closed. Behind these facts are stories of people: people struggling to protect their homes and defend their businesses—all in the knowledge that their lives would be affected, sometimes for years—and people struggling to get to work. My commiserations go to them too.

I come from a valley that has always flooded, and I well know the misery that such events bring. In 2009, my area was badly flooded and a flood alleviation scheme was put in place by the Welsh Assembly Government, as it was then. My town now has demountable defences, flood walls and lowered spillways on the riverbanks. It is a massive scheme and our town is protected, but sometimes the floodwaters now travel down the valley and other places are badly affected. On New Year’s Day, although my town was fine, the A470 north to Llandudno was closed because of floods. This area had never flooded before, so we know what people are going through.

However, I welcome the Statement and in particular the extra £60 million for farmers in recognition of the battle that they have with flooding on their land. I also welcome the extra funds for internal drainage boards and the opportunity to review how flood relief money is distributed.

Plenty of notice was given of severe weather so that people could be prepared but, of course, some people were not. One could argue that, where storm and flood defences were overrun, a lack of funding over the past few years for maintenance or new defences contributed to some of the problems. The Chancellor has committed to £2.4 billion of funding for flood defences over 2024-25 and 2025-26 in the Autumn Budget. This is also to be welcomed, but experience has taught us that curing one problem can create another downriver: it is a never-ending battle against flood water. What plans do the Government have to commit substantial funding for flood defences past 2025-26?

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, I join the noble Lord, Lord Roborough, and the noble Baroness, Lady Humphreys, in thanking all the people who responded and supported local communities during these floods. There have been many volunteers from the communities, such as farmers—in my community, it was a farmer who came and helped out—as well as the emergency services, the Environment Agency, Natural Resources Wales and so on. Without the extraordinary response that we always get from local communities and our emergency services, things would be so very much worse. Our thanks go out to them.

The Government recognise the terrible impact that flooding has on householders and businesses, and we absolutely sympathise with all those who have been affected over the last week or so. We know that flooding has a devastating effect, whether that is physical damage or disruptions to daily activities. There are also impacts on health, particularly mental health, for those who suffer from flooding.

The noble Lord, Lord Roborough, asked about insurance. This is always a difficult issue once you have been flooded. It is really important that Flood Re exists in the first place. It has made a huge difference over the past few years for those who have struggled to get insurance. As the noble Lord said, we do not currently have any plans to extend its scope, but it will be part of our review of all policies, because there are clearly concerns about those who do not come under Flood Re, whether multiple occupancy homes, businesses or properties built after 2009. If colleagues have examples where properties, particularly those built after 2009, have suffered, I would be very happy to take examples so that, as we review, we have clear evidence in front of us.

We need to consider how we best support households. When Flood Re came in, its scope for eligibility and its duration were agreed alongside government and industry. It is really important that industry supports what government is doing in this space. Any changes to the scope of the scheme have to be consistent with the original agreement and premises that came through with industry—but, clearly, we will keep this under review.

The impact of flooding on farming was mentioned. I thank the noble Baroness for her support for the £60 million that we have distributed to 13,000 farm businesses through the farming recovery fund. In the floods investment programme, the amount of funding a project can attract will depend on the damages that it will avoid and the benefits that it will then deliver. The impact of the project on agricultural land is also included as part of any funding calculator.

We are also looking at reviewing the existing funding formula, which is really important because it has not worked for lots of different people and communities. We will review it to ensure that the challenges businesses and rural and coastal communities face are adequately taken into account. We are looking to open the consultation on that very soon; noble Lords may wish to input into it.

The noble Lord, Lord Roborough, asked about dredging. On average, the Environment Agency spends between £30 million and £45 million a year on river maintenance, which enables it to dredge approximately 60 kilometres to 200 kilometres of main river watercourses every year. Where watercourse maintenance is the responsibility of the Environment Agency, it focuses its efforts on those activities that will achieve the greatest benefit in protecting people and property from flooding, therefore delivering the best value for money—that includes dredging. The assessment is undertaken by the Environment Agency, working in close consultation with local communities. It is important to remember that dredging is unlikely to be effective in isolation and is usually part of a wider approach because the silt can easily build up again.

The Floods Resilience Taskforce was mentioned. It met for the first time in September and is due to meet this year. There are 27 attending organisations, so it is comprehensive in its approach. At the first meeting there was a shared understanding of the weather and flood risk of the current winter to ensure we can be as prepared as we possibly can. It is important that we have a better awareness of EA flood asset conditions across England. There was also an agreement to share lessons from flood response from all tiers of government and with flood responders. Clearly, what we have just been through will be an important part of the next meeting of the Floods Resilience Taskforce.

The task force provides Ministers from Defra, MHCLG and the Cabinet Office with a combined overview of flood resilience, along with flood risk organisations and charities—flood insurance, for example. Although it is devolved, Wales, Scotland and Northern Ireland are standing members. The idea is that it will learn from this instance so that next time we continue to build on how we can best prepare for the future.

The noble Baroness, Lady Humphreys, talked about flooding caused by displacement. That is a really difficult issue, which is why any response we provide is not just about building barriers but about looking at bigger, broader support mechanisms, whether that means bringing in balancing ponds, for example, or better surface water flooding assessments. We have to look at this in the round; building higher only pushes water out.

[Lord Carlile of Berriew (CB)]

Does the Minister agree that the insurance industry is guilty of egregious delays in paying legitimate claims, and that this is a significant issue that is leading to people who are properly insured with enforceable contracts being forced to sue their insurance companies? For example, is she aware of the delay in compensating 100 shopkeepers for the damage caused by flooding in Newry in Northern Ireland early last year? Does she agree that the Government should have a word with the insurance industry to ensure that they become more efficient in this area?

[Baroness Hayman of Ullock (Lab)]

I am not aware of the specific incident the noble Lord referred to but if he would like to share the details with me, I would be happy to take a look at it. It is important that we do not tar all insurance companies with the same brush. Some are much better than others. They are not all part of the Flood Re system, for example, although the majority are. The incident the noble Lord referred to is clearly to do with business, which is different from Flood Re. There are particular challenges in managing flood insurance for businesses.

[Lord Deben (Con)]

Given that we are likely to have more and more occasions like this because of climate change, does the Minister acknowledge that the previous Government were strongly criticised by the Climate Change Committee for not producing a proper five-year programme for what should be done about resilience? In those circumstances, can she remind the House what the present Government will do to fill that gap and to produce a new report that will say how they will deal with this issue over the next five years?

[Baroness Hayman of Ullock (Lab)]

The noble Lord asks an important question, because future resilience is going to be critical, particularly as we will have more incidents such as this due to climate change. That is why it is so important that we have set up the Floods Resilience Taskforce. The idea behind that is to bring together everybody who has a genuine understanding and a mutual interest in trying to resolve these issues for the long term, not just for the short term. Part of the problem is that often we have looked at short-term solutions. Part of the work of the Floods Resilience Taskforce is to get a better understanding so we can build exactly the kind of long-term plans that the noble Lord is talking about.

[Baroness Young of Old Scone (Lab)]

I welcome the Minister’s Statement, but I have some questions that are relevant to the fact that the noble Lord just mentioned, which is that extreme weather events are becoming more extreme and more frequent. We are going to be building many more houses in the future, and the rules on housing development in the flood plain or in areas of high flood risk are simply not working at the moment. Each annual report shows a small number of developments in the flood plain going ahead against Environment Agency advice, but that gives a false impression, because in reality many more new properties are being built in the flood plain that are at real risk of flooding. Does the Minister agree that rules about development in the flood plain or in areas of high surface water flooding risk urgently need to be reviewed? Will she commit to do so to make sure that the planned major programme of housebuilding is not simply putting more and more people and properties at risk?

[Baroness Hayman of Ullock (Lab)]

Clearly, we have planning legislation coming forward. One thing we are doing in Defra is working closely with MHCLG around the future development of planning, particularly as we have ambitious plans for building a large number of homes that are so desperately needed. As part of the new home strategy that we have at the moment, we have committed to ensure that we are building more high-quality, better-designed, sustainable homes and creating places that increase climate resilience and promote nature recovery. It is important that, when we plan, we also look at the impact on the environment, and that clearly includes the impact on flooding.

The Government are committed to consider whether changes are required to manage flood risk, coastal change and sustainable drainage systems provision through the planning system when we consult on further planning reform, including a set of national policies that are related to decision-making in this area. Where development needs to be in locations where there is a risk of flooding because no alternative sites are available, we are stressing that developments should be flood resilient and resistant, safe for a lifetime and should not increase flood risk overall. The problem you can have is that, if you do not look at this properly in the round, you can build a house that potentially could flood, so you put in place resilience measures and, as the noble Baroness said, they push the water on to another estate that has not flooded before. So it is really important that we look at this carefully in the round.

[Baroness Sheehan (LD)]

My Lords, can the Minister update the House on when we can expect to see the land use framework that has been much delayed? It will shed some light on the competing priorities for land, including flood plains.

[Baroness Hayman of Ullock (Lab)]

I am hoping that we will see it very soon. The target we are working to is that we are hoping to see it some time later this month.

[Baroness McIntosh of Pickering (Con)]

My Lords, would the Minister like to take this opportunity to renew her commitment to not building on functional flood plains, such as zone B, which she was kind enough to support in an amendment in my name to an earlier piece of legislation, the levelling-up Bill? I add my congratulations to all the emergency services and others and add the drainage boards and declare an interest as an honorary vice-president of the Association of Drainage Authorities. Will the Minister explain how many kilometres of minor watercourses she expects to be dredged and maintained during the course of this year?

I recognise the extra funds that the Government have awarded to drainage boards for this purpose. One issue is that we do not currently have a total—totex— budget. As the noble Baroness, Lady Humphries, referred to earlier, the budget is divided between maintenance spending and capital spending, with endless arguments. If there was a total budget such as there is for water companies, which also do some of this work, flood defences and flood maintenance would be in a much better state.

[Baroness Hayman of Ullock (Lab)]

Clearly, drainage is an important part of managing any kind of flood risk. If the water cannot go through the drains, it will sit on the surface and cause problems. It is always difficult keeping drains clear throughout a whole flood event, because water inevitably brings with it things that will cause blockages in drains. But it is important that we manage the drains as effectively as we can ahead of flooding and that we also support internal drainage boards.

Internal drainage boards clearly do important work managing water levels and reducing flood risks to farmers and rural communities. The Government have committed to providing an additional £50 million to internal drainage boards over this year and next, to improve, repair or replace the flood-risk assets. This builds on the £25 million that was already being provided. As I have said, we are committed to continuing our work with internal drainage boards and also with MHCLG. With so much of this, the two departments need to come together to get a consistent and effective approach for the long term.

[The Lord Bishop of St Albans]

My Lords, the UK Food Security Report, published on 11 December, identified extreme weather events as major threat to good food production, and therefore a risk to our own national security. The Minister has just been talking about cross-departmental work. Can she assure the House that, as the Government develop the national food security strategy, they will liaise with the food resilience task force? This all needs joined-up thinking if we are going to guarantee our security.

[Baroness Hayman of Ullock (Lab)]

I am very grateful to the right reverend Prelate for mentioning that we are producing the food strategy. It will be incredibly important if we are to have proper food security going forward. Clearly, climate change brings particular challenges to our farmers and, because of that, to our future food security. We are very determined as a Government to bring departments together in order to produce sensible, forward-looking plans for the future. I am sure that we will be liaising with the group he mentioned. I will discuss it with the farming Minister, who is producing those plans, to ensure that that is done.

[Lord Whitty (Lab)]

My Lords, further to the point raised by the noble Baroness, Lady McIntosh, and my noble friend Lady Young, on planning and flood risk, I recall being a member of the board of the Environment Agency when it was given responsibility in the sense that it was a statutory consultee. I remember saying at the time, “This gives us responsibility without power”. Will the Government, in addition to the very welcome measures the Minister has already announced, give the Environment Agency and equivalents the power to override planning decisions if they consider the flood risk presented to be unacceptable? Will she also extend the period of help for the Environment Agency in terms of capital and staffing costs to ensure that the monitoring is effective?

[Baroness Hayman of Ullock (Lab)]

Clearly, the Environment Agency does important work here. Of course, monitoring needs to be effective: otherwise, what is the point in doing the work? The Environment Agency provides regular reports for many applications. Regarding his suggestions, a review of the Environment Agency, alongside all other organisations within the Defra family, is currently being carried out by Dan Corry. As part of the Corry review, we should be looking at exactly what the different organisations should be responsible for and whether that is adequate or whether it should be looked at and changed.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I preface my question by noting with approval that the Minister finished her answers to the Front-Bench questions by saying that building higher only pushes water out. I am pleased that she acknowledged that.

We should look at the tone of this Statement and indeed of much of the discussion we have had thus far. The Statement says that improving flood defences and drainage systems is a priority. It sounds like how we were talking about this issue in the 20th century. Where has “slow the flow” gone? Where is the understanding that pushing water from one place very often pushes it on to another community, and pushing it from one space simply causes damage in a different one? Where is the discussion about nature-based solutions to hold water and release it slowly and gradually?

A number of people have raised the issue of flood plains. Do the Government recognise that the flood plain is not beside the river? The flood plain is part of the river.

[Baroness Hayman of Ullock (Lab)]

The noble Baroness asks what we are looking at beyond flood defences—the actual physical barriers. There was quite a discussion during the Water (Special Measures) Bill about natural flood management and the work we are doing and promoting in that area. She may recall that we amended the Bill to ensure that we looked at more natural flood management schemes—nature-based solutions, as she suggested. We are doing that not just through the Water (Special Measures) Bill; we have made a number of announcements on this issue because we see it as an important part of the long-term solution. We need to look at long-term solutions, particularly, as the noble Lord said, because of the climate change pressures. In a way, building a flood barrier is a short-term solution because we do not know how long it is going to last for, so we need to combine that with longer-term solutions. Recently, for example, some balancing ponds have been developed with a grant near where I live. That is the way forward: barriers and longer-term nature-based solutions hand in hand.

[Lord Empey (UUP)]

My Lords, a number of Members have raised the question of flood plains and building houses. There will already be a number of planning applications approved yet not activated by a number of those who own the land—they have their planning approvals and maybe five years to do something about them. Is it possible to seek a review of those to see that we are not putting more people into high-risk situations as a result of the applications that have already been approved?

The noble Baroness, Lady Bennett, raised a very good point about slowing down the flow. That may mean some form of additional forestation, or it may mean providing variations to certain waterways and so on. Is an attempt being made to combine the two things together? At the end of the day, we are facing change, and there is virtually nothing more debilitating than seeing people flooded out. Anyone who has had to go out and look after constituents in this situation knows there is nothing like the misery they face and how appalling the situation is, because it is not just water that goes into their houses. That is something that I think is often overlooked.

[Baroness Hayman of Ullock (Lab)]

If a planning application has been approved in a flooding area, I would expect it to have been granted alongside mitigation measures that the developer would have had to provide to get planning permission in the first place from a local authority. Clearly, I do not know the detail of every single planning application that the noble Lord is talking about, but whether that would be available for review would be a matter for policy development through MHCLG as well as for local authorities, because it is local authorities’ responsibility to provide planning grants and look at applications.

On some of the other matters that the noble Lord raised—this is probably relevant to some of the other questions too—I want to draw noble Lords’ attention to the fact that we are reviewing the flood funding formula. A lot of the issues that have been raised are down to the fact that the existing formula follows a complex process and risks slowing down the development of the kinds of schemes that perhaps many noble Lords would like to see. We are aiming to bring in a new approach from April this year, and that is important. Where I live in Cumbria, the existing formula certainly did not work for us when we were badly flooded, and the Government had to provide an extra top-up amount of money. That is not the way to go forward. We need to ensure that communities are properly supported with the kinds of budgets that can bring in the long-term solutions that will be needed to protect them against potential future floods.

[Baroness Sheehan (LD)]

My Lords, since there is still a bit of time, may I ask the Minister what thought the department has given to the health of our soils and their decreasing ability to absorb water? A lot of the issues around flooding concern run-off and the reduced capacity of the land to absorb water that it used to be able to. Two issues arise out of that: increased water, which we have little way of dealing with at the moment, and the reduced replenishment of our aquifers, which is causing water shortages around the country. Is the department giving deep thought to that?

[Baroness Hayman of Ullock (Lab)]

The quality of soils is incredibly important, for all sorts of reasons, but the noble Baroness is correct that when you have better soil it holds more water. Grants are available through different routes such as the environmental land management scheme; for example, for soil improvement. I have also been to see a Rivers Trust project where it has improved soil qualities around a particular river and was able to demonstrate that the water was held better by the improved soil when there were flooding incidents from that river. We have the evidence that it makes a difference, and we are looking at it extremely seriously.

[Baroness Bennett of Manor Castle (GP)]

Since there is time, let me say that I visited Lancaster after it was hit by serious and major flooding. There was a lot of assessment afterwards of how the community had been able to cope. It was found that there were not the community structures—the organisations within local community groups, with people helping out their neighbours, et cetera. We have just seen one business owner in Leicestershire rescue someone from a flooded car when their life was in extreme danger. Often, communities are going to have to help themselves in this new climate emergency situation. Are the Government looking at how they can strengthen the many communities around this country that are at risk of being affected by flooding, so that they can cope with those crisis situations?

[Baroness Hayman of Ullock (Lab)]

I am sure the noble Baroness is aware that one thing we have been looking at as a Government is more devolution to local areas. As part of that, it is important that we look at how best we can support our local communities, because it is always those communities that pick things up when you have problems like this. Supporting local communities, whether that is our local authorities, our parish councils or our town councils, is a really important part of the work that we need to do.

[Baroness Young of Old Scone (Lab)]

My Lords—

Rural Economy

Baroness Hayman of Ullock Excerpts

Thursday 19th December 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

I start by congratulating the right reverend Prelate the Bishop of St Albans on securing what has been an excellent debate. In the short time I have allocated, I shall do my very best to respond to the various questions and issues that have been raised—and there have been a lot, so I shall follow up any outstanding questions in a letter and write to anybody whose questions I have not answered.

First, I would like to say that the Government have been clear: sustained economic growth is the only route to improving the prosperity of our country and people’s living standards, and this is equally true for those living and working in rural areas. Rural England makes up over 85% of the land mass and is home to 9.7 million people, equal to the number that live in the nation’s capital. We recognise that rural areas offer significant potential for growth and are absolutely central to our economy. The right reverend Prelate referred to untapped potential: over half a million businesses are registered in rural areas, with the rural economy contributing over £315 billion a year—and that is just in England.

The noble Earl, Lord Devon, mentioned the wide range of industries that work and support our rural communities. There is a good example in west Cumbria with Sellafield, a major industry that supports a much larger rural economy. I note that the Lord Bishop is the president of the Rural Coalition, which I have met with in the past, and I know that the Farming Minister, Daniel Zeichner MP, is going to attend a meeting in January. It is important that we work with organisations, and we are keen to do so in government. As we have heard, overall productivity in rural areas is just over 80% of the average for England. As noble Lords have said throughout this debate, there is significant potential to improve this.

The noble Earl, Lord Caithness, asked how we could do this, working with devolved Governments. That is a very good point. I assure him that I meet regularly with devolved Ministers, and this is one of the issues that we pick up and discuss. We are committed to improving the quality of life for all people living and working in rural areas, because we need to reach the full potential of rural business and our communities. While farming, forestry and other traditional land sectors are essential for delivering so much of what we value in our countryside, we know that businesses found in rural areas are just as diverse as those found in urban areas, with 86% operating outside agriculture and related sectors. In fact, the largest contributing sectors to the rural economy include education and health, distribution and hospitality, tourism, real estate, manufacturing and administrative services—and there is so much more. The Government are taking steps to support businesses right across every sector of the rural economy. To achieve this, we are ensuring that the needs of people and businesses are at the heart of our policymaking. As the right reverend Prelate rightly said, we need to be strategic about this, if we are to succeed.

Noble Lords are clearly aware of our growth mission, which includes announcing a series of planning reforms to get Britain building; removing the de facto ban on onshore wind; establishing the National Wealth Fund; announcing a pensions review to unlock growth, boost investment and deliver savings for pensioners; launching Skills England; announcing the Get Britain Working White Paper; and taking the first steps to create Great British Energy.

The industrial strategy will be a significant driver of national renewal and a central pillar of this growth mission. While the industrial strategy’s focus will be on growth-driving sectors and places, it will include addressing cross-cutting challenges and supporting a pro-business environment. The noble Lord, Lord Carrington, made some really good points on that, on innovation in farming and rural businesses and on how that can be used within the industrial strategy; I will feed back those suggestions. All sectors can shape, and will benefit from, wider policy reform through the broader growth mission. We believe that it will create the conditions for businesses to invest and employ and for consumers to spend with confidence.

The noble Earl, Lord Devon, mentioned the importance of natural capital, which is absolutely central to this. I am not sure if he has seen the recent report on that; it is quite big and I am slowly working my way through it. There is a lot of good information out there that we can refer to and use.

The Government have also recognised the specific challenges and opportunities that make rural economies distinctive, acknowledging the importance of direct support to the rural economy through programmes such as the rural England prosperity fund, which provides targeted support to rural businesses and communities. To those who mentioned co-operatives, I strongly support the benefits that can be brought through co-operatives; they have an important role to play in rural communities.

Small businesses are essential to our economic success; that is true not only for our urban centres but for every community up and down the country. In fact, more people are employed in micro-businesses in rural areas than in urban areas, as we have heard in today’s debate. Our plan for small business will hardwire the voice of small businesses into everything we do in government. We will use the levers at our disposal to boost small business growth and productivity. This includes addressing barriers through prompt payment and regulatory reform to improve the business environment; creating opportunities for UK business to compete on our strengths, break into new markets through exporting and attract investment; and helping small business to access the skills and support that they need to grow. Community-owned businesses also play a vital role in rural areas, providing opportunities for communities to come together and access services. We recognise, however, that there are significant challenges facing rural community businesses, and that the Government can play their part in overcoming them.

Although the rural economy extends beyond agriculture—as many noble Lords have said—this Government recognise the vital role that farmers and growers play in national economic growth. Farmers are the backbone of Britain, and we recognise the strength of feeling expressed recently by farming and rural communities. We are steadfast in our commitment to Britain’s farming industry, which is why we have announced that we are investing £5 billion into farming over the next two years. I remind noble Lords that this is the largest amount ever directed towards sustainable food production, rural economic growth and nature’s recovery in our country’s history.

We have already started to deliver on this commitment to restore stability for farmers by continuing the rollout of the Sustainable Farming Incentive. The noble Baroness, Lady McIntosh of Pickering, asked about the slow rollout. I am pleased to say that the uptake has increased in the last year. More than half of farmers now have an agreement, and we will continue to promote it. We need go further by optimising our schemes and grants, ensuring that they produce the right outcomes for all farmers— including small, grassland, upland and tenanted farms—while delivering food security and nature recovery in a just and equitable way.

The noble Lord, Lord Roborough, asked about the Countryside Stewardship higher-tier scheme, which, I am sure he is aware, is going to open next year—we recently made that announcement. The reason for that is that since the Government came in, in the summer, we have been prioritising the rolling out of the SFI and confirming the budget through the spending review, because these obviously affect the largest number of farmers and the largest-scale outcomes in the short term. Also, those with expiring agreements will be offered an extension to give them time to apply for the expanded scheme. Beyond this, the Government have also recently confirmed the intention to produce a long-term road map, Farming 2050: Growing England’s Future, which is to provide a vision for our farming sector into the future. It will outline how the farming system will boost food security, deliver on our environmental objectives and drive innovation, unlocking delivery across our government priorities.

Rural transport is also key. The noble Baroness, Lady Shephard of Northwold, opened the discussion on this and many noble Lords mentioned it. We know that, for a prosperous rural economy, we need to improve rural transport as well as our digital infrastructure and the availability of affordable housing and energy, all of which came up in the debate. We know that people living and working in rural areas often travel further to access work, education and training and other essential services and that this can be not just more costly but more time consuming. We are determined to deliver better bus services and we have set out a plan to achieve this in the Bus Services (No.2) Bill. This is based on the idea of giving local leaders the tools they need to ensure that bus services reflect the needs of the communities they serve. I recognise the challenge in many areas and the need for innovation in this area.

A number of noble Lords mentioned digitisation. The noble Lord, Lord de Clifford, talked about Project Gigabit. That is designed to deliver gigabit-capable broadband to premises that will not be built by the market without subsidy, with the aim of ensuring nationwide gigabit connectivity by 2030. Most premises deemed uncommercial by the market are of course in rural areas, but there are also commercial not-spots in urban areas. The point is that we recognise that these areas will need government subsidy if we are to get the kind of broadband gigabit coverage that we need. We are also determined to ensure that businesses that are still reliant on 3G are not left behind as a result of the 2G/3G switch-off. 4G coverage is increasing, thanks to the Shared Rural Network, which the Government will continue to invest in.

Genuinely affordable homes were also mentioned and are essential to sustain our vibrant rural economy. We know that the housing shortage has been driving high rents and leaves some of the most vulnerable without access to a safe and secure home, so we are reforming our planning laws to build the homes that our rural communities desperately need. At the same time, we must protect our green spaces and our natural environment. As part of this, the Government recently ran a consultation to reform the National Planning Policy Framework. We need to look at how best to build more homes. How we get more growth-focused interventions that will help us build the homes that people need in the places that they are needed is key.

Housing was mentioned by many noble Lords, including the noble Baroness, Lady Shephard, and the noble Lords, Lord Harlech and Lord de Clifford. I reassure noble Lords that the Government are committed to funding the rural housing enabler programme until the end of March next year. Funding allocations for individual programmes for the next financial year will be determined in the coming months through the department’s business planning exercise and we will announce these in due course.

The noble Earl, Lord Devon, asked about affordable housing. We know that there are real issues with unmet demand for affordable housing in rural communities. The Government’s aspiration is to ensure that in the first full financial year of this Parliament, 2025-26, the number of social rented homes is rising rather than falling. We have also asked Homes England to maximise the number of social rented homes in allocating the remaining affordable homes programme funding.

The noble Lord, Lord Inglewood, mentioned the huge challenge of second homes and their impact on places such as where he and I live, in the Lake District.

Permitted development rights were also mentioned, and we recognise the importance of improving and streamlining the planning system to underpin the growth of rural businesses. We are working with MHCLG as it reviews the planning system, to ensure that it supports farm diversification and the provision of affordable rural housing through mechanisms such as permitted development rights.

On energy, it is clear that rising energy costs present a challenge to rural businesses and communities, many of which, like mine, are off-grid—which has its own challenge when we are moving to a low-carbon energy system. We are clear that we want to lower bills, boost energy security and protect our environment, and are looking to do this through Great British Energy, which we are setting up. It is also designed to support local and combined authorities and community energy groups, which are an important part of rural communities, to roll out small- and medium-scale renewable energy projects. The idea is that we will increase local generation across the whole country by eight gigawatts of capacity by 2030.

Another significant requirement for a prosperous rural economy is a skilled workforce. We are planning to extend our childcare and early years system to drive up standards and modernise the school curriculum, and to boost rural and agricultural skills by reforming the apprenticeship levy into a growth and skills levy, to give businesses the freedom and flexibility to upskill their workforce. We also plan to open new specialist technical excellence colleges, to give rural communities the chance to fit the skills they need to their local economies and empower their local businesses to play a bigger role in this skills revolution.

The delivery of health services, such as GPs, dentistry and women’s health services, faces particular challenges in rural areas. It takes longer to access services due to longer travel times, but also rural communities increasingly tend to have living in them people who are going to need the services the most. We have ageing populations in many of our rural areas, so that is a challenge. Integrated care systems will have a key role to play in designing these services.

The issue of community assets was raised. Village halls, pubs, post offices, local shops and banks are all incredibly important, but we have been losing too many of them in recent years. Where they do remain, they often need repair or modernisation, so we are taking this very seriously and looking at how we can best tackle it.

The noble Lord, Lord Harlech, asked about cross-departmental working. I can confirm that Defra is committed to this. One example is the Child Poverty Taskforce, which the right reverend Prelate asked about. I am proud that I am part of that, and we want to ensure that our efforts cover all communities in all areas, because you do not tackle child poverty only in urban areas, but right across the countryside.

The right reverend Prelate asked about the index of multiple deprivation. We are working very closely with the MHCLG, which is responsible for the IMD, to ensure that it works more effectively in rural areas. Work has been commissioned which will specifically feed into the planned review. I also recognise the point concerning hidden deprivation in rural areas, which was raised by the noble Earl, Lord Devon. Noble Lords may not know this, but I used to work in rural Devon, doing outreach into particularly deprived communities in areas where people were very poor, although it was not obvious. I totally understand that point and am always very keen to ensure that colleagues appreciate it as well.

Crime was mentioned, and the National Rural Crime Unit helps people across the country tackle organised theft and disrupt organised crime groups. The neighbourhood policing guarantee is going to deliver thousands of additional neighbourhood police and community support officers.

The noble Lord, Lord Rogan, said that the Government do not understand farming in Northern Ireland. I am sure he would be pleased to know that two weeks ago I visited a dairy farm in County Armagh with the Ulster Farmers Union, which I have been meeting regularly so I can fully understand their specific concerns.

The noble Baroness, Lady McIntosh of Pickering, mentioned seasonal agricultural workers. To underline the Government’s commitment to the horticulture and poultry sectors, on 21 October the seasonal workers’ visitor rate was confirmed for 2025, with a total of 43,000 seasonal worker visas available for horticulture, and 2,000 for poultry.

The noble Lord, Lord Fuller, asked about local government. Yesterday, we launched a consultation on the principles of any reforms to local government funding, which will inform the development of a new local government funding assessment. The recovery grant is not an assessment of relative need and resource in itself. We are proposing this because we must act quickly, given the state of local authority finances, and start to fix the distribution of funding.

I am almost out of time, but the noble Lord, Lord Gascoigne, asked about access to visits. I recently went to the Yorkshire Dales and met children from a deprived area of Liverpool who had come to stay at the youth hostel there as part of Generation Green, a Defra-funded project which is absolutely fabulous. I recommend that everyone get to know about it.

I have to give a plug for the Cockermouth Show, as everyone else has mentioned their show.

I reassure noble Lords that we will continue to talk to the Treasury from Defra, and I will always stand up for the countryside and our rural communities. We recognise the importance of the rural economy and wider rural communities. I will continue to do everything in my power, through Defra, to ensure a prosperous future for them. I end by thanking everyone once again and wishing everyone a very happy Christmas.

Domestic Animals: Welfare

Baroness Hayman of Ullock Excerpts

Monday 16th December 2024 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and I declare my interest as a patron of International Cat Care.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, I congratulate the noble Lord on his new job. The Government will end puppy smuggling, address puppy farming by tackling low-welfare dog breeding practices and consider whether more should be done to protect the welfare of companion animals. We are supporting some key measures in Private Members’ Bills and have already met with key companion animal stakeholders as the first steps in delivering on our commitments and developing an overarching approach to animal welfare.

[Lord Black of Brentwood (Con)]

I thank the Minister for her Answer and for her passion for and enduring commitment to animal welfare. Does she agree that too many cats are being bred commercially without adequate safeguards to protect their welfare? Increasingly, unregulated, unlicensed, unscrupulous owners are raising cats with extreme, exaggerated features to sell as fashion accessories without any concern for the terrible harm to the animal. So-called bully cats, for example, are bred without fur, which predisposes them to painful skin disease, and their genetically shortened legs can result in joint abnormalities and agonising arthritis. Will the Minister join me in condemning the practice of breeding for deformity, which causes unacceptable suffering and distress? Will she commit as a matter of urgency to regulating cat breeding in order to ban such activity?

[Baroness Hayman of Ullock (Lab)]

My Lords, the licensing of activities involving animal regulations requires anyone in the business of breeding and selling cats to have a licence, and they must meet statutory minimum welfare standards. The noble Lord makes some very good points about recent practices that are not acceptable. Defra has been working on a post-implementation review of the regulations, which will be published shortly. We are also carefully considering the recommendations in EFRA’s report on pet welfare and abuse, and the Animal Welfare Committee’s opinion on feline breeding, which will also be published soon.

[Baroness Young of Old Scone (Lab)]

My Lords, can the Minister assure us that the Government will find time during this Session to reform the Veterinary Surgeons Act 1966, which is already 60 years old and rather showing its age? A fundamental improvement to the welfare of domestic animals would be to bring up to date the legislation regulating veterinary medicine and particularly veterinary medical practices, which are currently not formally regulated. That would enable the public—and indeed the animals—to be assured that veterinary medicine, and veterinary practices in particular, will provide modern, high standards of care. The Competition and Markets Authority is looking at this issue, and an update is long overdue. Can the Minister assure me that she will provide time for that legislation?

[Baroness Hayman of Ullock (Lab)]

We will of course continue to support the vital work of the veterinary profession, and I acknowledge the veterinary workforce’s commitment and dedication to animal health and welfare. My noble friend makes a good point, and we are very aware of calls to reform the Veterinary Surgeons Act 1966, which is now very old. Defra is talking to key stakeholders and different veterinary groups to explore the best way to support the profession, and we are looking at the legislation.

[Lord Trees (CB)]

My Lords, we are undoubtedly a nation of animal lovers, but some of the UK’s major animal welfare issues are in plain sight and affect some of our most popular pets. I refer to the extreme conformations mentioned by the noble Lord, Lord Black, but particularly the problem of flat-nosed dogs—so-called brachycephalic breeds—which suffer or are highly predisposed to ill health virtually all their life, with breathing, whelping, ocular and skin difficulties, and reduced lifespan. Legislation exists to deter the breeding of such animals, should that lead to a detriment to the health and welfare of the bitch or her offspring. Why has there not been a single prosecution under the legislation, given that this is a serious welfare issue?

[Baroness Hayman of Ullock (Lab)]

My Lords, our animal activities licensing regulations have been developed to prevent poor dog breeding practices rather than penalise them. Local authorities can refuse, vary or revoke a licence to breed where they are concerned about the dog’s fitness. We believe the impact of having a licence revoked provides a significant deterrent. However, the noble Lord makes a very good point in that, currently, prosecutions are perhaps not happening as frequently as we would expect. This is clearly a matter for the Home Office, and I am very happy to take it up with my colleagues.

[Baroness Parminter (LD)]

My Lords, now that all cats and dogs have to be compulsorily microchipped, the number of microchipping databases has shot up to 23 but none of them talk to each other, so it is really hard for rescue centres and local authorities to rehouse the animals or find the owners. What plans do the Government have to introduce a portal to link up these databases, so that cats and dogs can be rehomed quickly?

[Baroness Hayman of Ullock (Lab)]

The noble Baroness makes a very good point. We are aware that there are some digital challenges within the department, and we are looking at that very carefully.

[Baroness McIntosh of Pickering (Con)]

My Lords, does the noble Baroness agree that not enough is being done about puppy smuggling? How many prosecutions for puppy smuggling and for boiler-house productions have there been following the Animal Welfare Act? Boiler-house puppies could be relieved if the mother—the bitch—was present at the sale of the puppies. Will the Government enforce that?

[Baroness Hayman of Ullock (Lab)]

The noble Baroness makes a good point. On puppy smuggling, we have made a clear commitment to end puppy farming. We are also supporting a Private Member’s Bill in the other place on puppy smuggling, because we are determined to do our best to stop these abhorrent practices.

[Lord Roborough (Con)]

My Lords, I refer the House to my register of interests. The public rightly benefit from fantastic access to the countryside through our network of public and permissive footpaths, as well as open access land. However, this brings pets into frequent proximity with farmed animals. Earlier this year, we supported legislation to update and strengthen police powers to deal with livestock worrying; it was not enacted. What plans do the Government have to increase protection for farmed animals?

[Baroness Hayman of Ullock (Lab)]

My Lords, the Government have committed to support a Private Member’s Bill, introduced by the Conservative Member of Parliament, Aphra Brandreth, which looks to introduce new measures to tackle the serious issue of livestock worrying. The Bill is going to focus on three areas which we support: modernising the definitions in scope, strengthening police powers, as suggested by the noble Lord, and increasing the maximum penalty from a fine of £1,000 to an unlimited fine in order to act as a deterrent.

[Lord Lexden (Con)]

Can the Minister tell the House when the regulations to ban the use of cruel, remote-controlled electronic shock collars for cats and dogs, which inexplicably failed to gain Commons approval before the election, will be introduced? Will she give a clear commitment to put them into effect as fast as possible?

[Baroness Hayman of Ullock (Lab)]

Defra’s code of practice for the welfare of dogs supports positive reward training techniques for dogs, but electronic shock collars should be avoided. Furthermore, the code advises people to seek out professional advice for behaviour problems, and the best training options that are available. The Government are currently considering the available evidence on the use of hand-controlled e-collars and their effects on the welfare of animals.

[Lord Randall of Uxbridge (Con)]

What measures are Government thinking of taking to try to eradicate dog fighting?

[Baroness Hayman of Ullock (Lab)]

Clearly, dog fighting should not be taking place in this country. We are extremely keen to root it out where it is happening, and it is matter for Defra and the Home Office to work on together to ensure that, where it is found, it is properly cracked down on.

[Baroness Butler-Sloss (CB)]

People remain in danger from and are occasionally killed by dangerous animals. Are the Government satisfied that the current law is sufficient?

[Baroness Hayman of Ullock (Lab)]

Ongoing attacks show that we need to do more to protect the public from dangerous dogs. There has of course been a ban on XL bullies, which has been updated recently. That is there to protect public safety, and we expect owners to comply with all the conditions in that legislation. More broadly, we are working with enforcement agencies and animal welfare groups to help prevent further attacks by encouraging responsible dog ownership, addressing dog control issues before they escalate and using the full force of the law where needed.

[Baroness Bennett of Manor Castle (GP)]

My Lords, we have heard this afternoon the Government’s announcement on plans for substantial changes to local government. Of course, much of the enforcement of animal welfare regulations happens at local government level. Can the Minister assure me that Defra is fully involved in making sure that, whenever the changes happen, the animal welfare elements are maintained as a strong force in whatever new arrangements come in?

[Baroness Hayman of Ullock (Lab)]

I can completely reassure the noble Baroness that we are working very closely on a cross-departmental basis on any issues that cover more than one department’s interests. I am sure she is aware that I have a very strong interest in animal welfare and will be doing all I can to ensure that it is considered at every level.

Avian Flu: Turkeys in Norfolk

Baroness Hayman of Ullock Excerpts

Thursday 12th December 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, following the detection of avian influenza in England, Defra has stood up its well-established response to control and eradicate disease. This has included humane culling of affected birds and establishing disease control zones to help prevent onward spread. The latest information is that there have been six cases in England—three in Norfolk, with two that affect turkeys. Defra will continue to monitor the situation and will consider a regional avian influenza protection zone if risk warrants this.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I thank the Minister for her reply—that sounds like good news for Christmas, because there are no more outbreaks in turkeys at present. As someone who once raised turkeys for my local WI market for Christmas, I can empathise with the free-range turkey producers. Can the Minister say how affected poultry farmers, who have the rest of the winter and of the 2025 avian flu season to survive, are compensated should they need to cull? Have the Government changed any aspects of the compensation scheme since they became the Government? Finally, given that insurance against avian flu is virtually impossible to get now, will the Government consider bringing in their own insurance scheme?

[Baroness Hayman of Ullock (Lab)]

First, the compensation scheme that we are looking at is the same as previously, in that poultry owners will be compensated for the value of the birds if they were healthy at the time of the cull. We have no plans to change that. Secondly, I am extremely aware of the complications around insurance. When we had the previous outbreak, I met a number of poultry owners who were having real problems with insurance. We are very concerned about this, and we will work with insurance companies to monitor the situation.

[Baroness McIntosh of Pickering (Con)]

I congratulate the Government on their swift response to this outbreak. Will the noble Baroness agree with me about the importance of monitoring potential outbreaks from our neighbouring countries in the European Union? Where are we on a potential sanitary and phytosanitary agreement with EU countries, which is so important in this regard?

[Baroness Hayman of Ullock (Lab)]

Clearly, it is really important that we work closely with our European neighbours. The incidences of avian flu are currently not what we have seen in previous years, but we must not be complacent. Working with our European neighbours to monitor outbreaks is absolutely critical, because wild birds fly very long distances so this is an international problem. Regarding the SPS agreements, all I can say is that we are making progress and continuing discussions with the EU.

[Lord Bellingham (Con)]

My Lords, my former Norfolk constituency contains a large number of poultry farms that invariably set the highest standards of animal health and biosecurity. The noble Baroness, Lady Miller of Chilthorne Domer, asked a question on insurance. Many farmers obviously find it difficult to get this insurance. The key thing is for the Government to work with the insurance industry to try to find a way forward, so can the Minister elaborate a bit more on her earlier reply on that point?

[Baroness Hayman of Ullock (Lab)]

As I said, insurance is a difficult issue. It becomes difficult in many areas—I am sure noble Lords are aware of the difficulties for businesses during flooding as well. Getting insurance in certain business cases is complex. All I can say is that we are extremely aware of the problems that occurred last time for poultry farmers in getting insurance. The outbreak this time is very low compared with previous years, but we are being proactive and doing our best to prevent further outbreaks. We are working with insurance companies to make sure that we have the best outcomes that we can, should this outbreak get worse.

[Lord Trees (CB)]

My Lords, with the outbreak of avian influenza, the challenge of bluetongue virus in ruminants and the ongoing battle to reduce bovine TB incidence—to say nothing of the biosecurity threats to, for example, our pig population from African swine fever—is the Minister confident that her department and APHA have the necessary resources to cope?

[Baroness Hayman of Ullock (Lab)]

The noble Lord asks an important question. I met APHA yesterday to discuss exactly this issue because, when there are outbreaks of more than one disease, it has to look at how it will manage all the different aspects. It has assured me that it is confident that it has the resources to manage the response currently, and I am pleased that the Government have awarded funding to Weybridge to ensure that our future capability will be there.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I commend my noble friend the Minister on her wonderful work with the devolved Administrations, in meeting the various Ministers and organisations in the agricultural field. Whenever she next meets the Minister in Northern Ireland, will she ask him what joint work can be done to address disease in not only poultry flocks but animals such as TB reactors? That is a major problem for our farming industry.

[Baroness Hayman of Ullock (Lab)]

I actually met with the Minister in Northern Ireland only yesterday, and we have very regular meetings. Biosecurity is incredibly important, and it is important that we work right across all our devolved Administrations as well as with our European colleagues. I am more than happy to discuss this—I have discussed it when I have gone over to Northern Ireland. I have met farming communities over there and looked at the biosecurity measures at ports for things such as African swine fever. We are being very proactive about this.

[Lord Roborough (Con)]

Our Government amended the avian flu compensation scheme to allow compensation to be paid from the outset of planned culling to allow swifter payments. Can the Minister confirm whether such payments have been made in this case, and inform the House how many avian flu-related compensation claims have been accepted in the current year, compared to last year? Can she perhaps also reassure the House that there will be enough turkeys for Christmas?

[Baroness Hayman of Ullock (Lab)]

As I mentioned, this outbreak is very low compared to previous years, and we have brought in preventive measures to ensure that it does not become a major problem, as we had a few years ago. As I mentioned in responding to the previous question from the noble Baroness, Lady Miller, compensation will be paid in the same way as it was previously. I have absolutely no expectation that there will be any problem with turkeys being provided for Christmas, particularly as 85% of the turkeys that will be eaten at Christmas have already been slaughtered and are either fresh or frozen, as it is quite late in the year.

[Lord Deben (Con)]

This disease can be spread from the smallest of flocks. Is the Minister confident that we now have the registration of all people who are keeping birds? Without that, we are not able to enforce the necessary protections, should this particular event increase. We are bound to have such events in the future as well.

[Baroness Hayman of Ullock (Lab)]

Obviously, we are keen to encourage all small poultry keepers to register. The system is now working well—I have actually done it myself, because I am a small poultry keeper—so I absolutely encourage anyone to do it. It is very simple: it probably took me about a minute and a half. It is very straightforward so, if you have not registered, please do.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, although this outbreak is very small, the noble Baroness will remember that, in the previous serious outbreak in the run-up to Christmas, uninfected turkeys were slaughtered early and kept in large chiller facilities until needed for Christmas. Should this outbreak get more serious, are there plans to repeat that process?

[Baroness Hayman of Ullock (Lab)]

As I said, 85% of turkeys that are expected for the Christmas dinner table have already been slaughtered and are available either fresh or frozen, so I do not see that that will be an issue for this year.

[Lord Vaux of Harrowden (CB)]

I refer to my interests in the register. My noble friend Lord Trees mentioned the bluetongue virus outbreak, which has been somewhat underreported. The restricted zone for that virus outbreak now runs to 26 counties in England, so it is spreading quite quickly. What assessment have the Government made of the impact on farmers who cannot move their animals easily within that restricted zone? What are the Government doing to help them?

[Baroness Hayman of Ullock (Lab)]

We are very aware of the impacts on farmers and the issues around restricted zones. With the weather changing and us now moving into winter, and with this being a midge-transported disease, cases are coming down. We are now looking at the issue of midges that can overwinter and therefore spread the disease next year, without it having to be blown over from the continent. Whether that means we want to keep the restricted zones in place is something we are currently looking at and considering carefully.

Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2024

Baroness Hayman of Ullock Excerpts

Tuesday 10th December 2024 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the draft Regulations laid before the House on 28 October be approved.

Relevant document: 8th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, this instrument forms part of the Government’s commitment to implementing the border target operating model by ensuring that sanitary and phytosanitary controls are applied to European Union and rest-of-world goods entering Great Britain through Northern Ireland. These controls are essential to maintaining the United Kingdom’s biosecurity and food safety, as well as focusing the benefits of unfettered access arrangements on qualifying Northern Ireland goods.

The instrument uses powers conferred by the European Union (Withdrawal) Act 2018. It has two main purposes. First, it applies pre-notification and sanitary and phytosanitary certification requirements to goods that are not qualifying Northern Ireland goods entering Great Britain through Northern Ireland. These requirements are consistent with those already applied to certain European Economic Area goods and those entering Great Britain from Switzerland, Liechtenstein, the Faroe Islands and Greenland under the transitional staging period. This means that European Union and rest-of-world goods entering Great Britain through Northern Ireland are treated the same as such goods entering Great Britain through Ireland.

Secondly, the regulations make consequential amendments to various pieces of sanitary and phytosanitary legislation. The qualifying Northern Ireland goods definition was amended earlier this year for food and feed goods. The consequential amendments in the legislation that I am presenting today ensure that the updated definition is reflected consistently across the regulatory framework.

I emphasise from the outset that the Government remain fully committed to ensuring unfettered access for qualifying Northern Ireland goods to the rest of the UK market. The Windsor Framework Command Paper, published by the previous Government in February 2023, and the Border Target Operating Model, published in August 2023, clearly state that Northern Ireland businesses will have unfettered access when moving qualifying Northern Ireland goods into Great Britain. The Border Target Operating Model also states that European Union and rest-of-world goods will be subject to sanitary and phytosanitary controls when moving from Northern Ireland into Great Britain. The approach adopted in this legislation is consistent with those commitments.

The instrument does not make any changes to the arrangements for moving qualifying Northern Ireland goods into Great Britain. Qualifying Northern Ireland goods are not required to undergo any of the controls implemented by this legislation and will continue to move freely within the UK internal market. Indeed, by applying controls to European Union and rest-of-world goods entering Great Britain through Northern Ireland, these measures more closely focus the benefits of unfettered market access on Northern Ireland traders moving qualifying Northern Ireland goods. This will sharpen their competitive advantage.

The sanitary and phytosanitary controls applied to European Union and rest-of-world goods entering Great Britain through Northern Ireland under this instrument are temporary. We will revoke this instrument when the transitional staging period, which allows for easements in the performance of official controls, ends. That is currently set at 1 July 2025.

A long-term approach for further controls on European Union and rest-of-world goods entering Great Britain from the island of Ireland is yet to be implemented. The temporary nature of the instrument allows for biosecurity controls to be in place for these goods entering Great Britain from Northern Ireland ahead of that, although that is of course without prejudice to unfettered access protections granted to qualifying Northern Ireland goods. I must also highlight that this instrument extends to England, Wales and Scotland.

I reaffirm the Government’s steadfast commitment to supporting the businesses and communities of Northern Ireland while safeguarding the integrity of the UK internal market. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, I thank the noble Lord, Lord Dodds of Duncairn, for bringing this regret amendment to the House. I listened to some very powerful speeches by him and his noble friends on both sides of the House.

His Majesty’s loyal Opposition have some significant doubts and concerns about these regulations, given the impact they may have on goods moving from Northern Ireland into Great Britain, but we will not oppose them. We welcome that some goods will continue to have unfettered access to Great Britain, but we are concerned about the non-qualifying goods and the effect this will have on businesses that trade across the Irish Sea.

While the Windsor Framework was a significant improvement on the original protocol, that is not to say that improvements cannot be made wherever necessary. The Opposition will continue to scrutinise the secondary legislation and assess its impact. Can the Minister confirm to the House that the Government will keep these regulations under review and take any action necessary to lighten the burden on businesses trading across the Irish Sea where possible?

The businesses affected by these regulations may need extra support. Can the Minister outline the steps that the Government are taking to give businesses in Northern Ireland the support they need? Indeed, what assessment have the Government made of the effect of these changes on businesses in Great Britain trading with Northern Ireland? How will the Government support that smooth trade?

Goods from Northern Ireland must be traded as freely as possible, and they should not be at an unfair disadvantage. That was at the core of our work when we were in government. We all know that the Windsor Framework was the result of a painstaking negotiation with the EU, but the Government should do everything they can to ensure Northern Ireland’s smooth and unfettered access to the UK internal market. As my honourable friend the Member for Brentwood and Ongar said in the other place:

“The Windsor framework, I believe, is better than the protocol. ‘Safeguarding the Union’ is better than the Windsor framework, but that does not mean that further progress is not possible”.—[Official Report, Commons, 6/12/24; col. 627.]


Does the Minister agree with that assessment?

We look forward to scrutinising the Government’s approach to Northern Ireland policy further, and to the Minister addressing our concerns about smooth trade between Northern Ireland and Great Britain and about upholding the importance of biosecurity—biosecurity not just in GB but Northern Ireland for goods that stop there. We will press the Government to bring forward plans to encourage businesses to trade across the sea so that we all benefit across the whole of our United Kingdom.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords for their contributions to today’s debate and the noble Lord, Lord Dodds, for his very thorough and clear introduction outlining his concerns and why he has tabled a regret amendment. Many thoughtful and constructive points have been raised, which reflects the importance of the legislation and the principles that it upholds but also the concerns. This Government take very seriously maintaining our biosecurity, supporting the smooth functioning of the United Kingdom internal market and honouring our commitments under the Windsor Framework. I thank the noble Baroness, Lady Suttie, for her extremely kind comments and her recognition that I have been working very hard to understand fully the challenges and concerns that a very complex area of legislation entails.

This instrument is looking to deliver the necessary provisions to ensure that Great Britain’s responsibilities on biosecurity and food safety are upheld and safeguard the health of our people, animals and plants. At the same time, it reaffirms and strengthens the Government’s unwavering commitment to unfettered access for qualifying Northern Ireland goods, ensuring that businesses in Northern Ireland can continue to enjoy their unique position in the UK internal market.

Turning to the points that were raised in this debate, I will focus specifically on the questions regarding the legislation and do my best to address them. I have been listening very carefully—I can assure noble Lords of that—but a meeting has also been arranged between me and noble Lords from Northern Ireland in January, and I am sure that we will be picking up many of these issues at that meeting.

The noble Lord, Lord Dodds, and others, asked about consultation engagement. A period of engagement on the border target operating model, which contained an overview of controls that are introduced in this instrument, ran from 5 April 2023 for six weeks. There has not been specific consultation on this SI because it is delivering the approach that was set out in the BTOM, which was consulted on extensively.

As noble Lords have pointed out, the instrument is temporary and does not set out the approach for the long-term treatment of non-qualifying Northern Ireland goods entering Great Britain from Northern Ireland. Any future long-term approach will be developed with input from stakeholder engagement. Noble Lords have asked about that long-term approach, and I can come back to that.

The noble Lords, Lord Morrow and Lord McCrea, asked about the response from stakeholders on this legislation and other legislation coming forward. The feedback from the six-week BTOM consultation was published on 29 August 2023. As we did not specifically consult on this SI, the feedback did not specifically relate to it, but there were calls from Northern Ireland agri-food businesses that there was a desire to focus the benefits of unfettered access more closely on Northern Ireland traders, which is what this SI seeks to address. We will provide a further update on the timeline for implementation by next summer.

Collaboration with devolved Administrations was also raised in the debate. We will continue collaborating with the devolved Governments and all border stake- holders to support implementation readiness across the vital points of entry, to better protect UK biosecurity. We will communicate any additional updates well in advance so that traders have the time that they need to prepare. The Government will also work closely with devolved Governments to develop plans for the delivery of the long-term approach for the treatment of European Union and rest-of-the-world goods entering Great Britain from the island of Ireland. Noble Lords might be interested to know that only this morning I met with devolved Ministers and officials to discuss issues around BTOM, so that work is ongoing and very hands-on at a ministerial level. I wanted to reassure noble Lords of that. This was from Wales, Scotland and Northern Ireland, so there is a lot of work going on. I have implemented those meetings to ensure that we all work together and understand each other and what we need to get out of any decisions that are taken. The important thing is to preserve that unfettered movement of qualifying Northern Ireland goods into Great Britain.

--- Later in debate ---

[Baroness Hoey (Non-Afl)]

I thank the Minister but she has not really answered the question. If goods coming from the Republic through Northern Ireland into Great Britain have to be security-checked for phytosanitary and all the other reasons, why are people in Northern Ireland then left with nothing? How does the Minister know that we are not going to be poisoned or threatened by some kind of problem that she feels will come through to Great Britain?

[Baroness Hayman of Ullock (Lab)]

I completely get the point that the noble Baroness is making. Our international commitments, and the trade and co-operation agreement, require us to treat EU goods equally, regardless of the entry point. As she is aware, there is a lot of legislation already in place. There are issues within the Windsor Framework. There are matters that we need to discuss with the EU as we go forward with the EU reset that has been discussed. These more complex issues are where we need to dig into the detail in our meetings outside of the legislation, and the whole point of me wanting to meet noble Lords is so we can do that. We can dig into those details and I can better understand the concerns, and we can look at whether there are things that we can do to manage this better. I hope the noble Baroness is happy that I am not trying to dodge it; I just need to understand it better, so that we can discuss it properly.

The noble Lord, Lord Morrow, asked about electronic systems for paperwork. We have been looking at this; it is quite complicated, but we are exploring whether it might be possible, to answer that specific question.

The noble Baroness, Lady Suttie, and my noble friend Lady Ritchie asked about the potential SPS and veterinary agreements with the EU. I thank my noble friend Lady Ritchie for her work as part of the veterinary medicines working group. This is a critical part of taking that work forward, and a way that we are working in collaboration and consultation to ensure that we get the best deal we can. It is quite difficult because it is early stages, and we want to get this right, so I cannot say anything formally at present. I assure noble Lords that a lot of work is going on behind the scenes on looking to get the best outcomes that we can for both SPS and veterinary agreements.

I conclude by summarising what we consider to be the benefits of these regulations. They strengthen Great Britain’s biosecurity by delivering alignment in the treatment of European Union and rest-of-world goods entering Great Britain from the island of Ireland. We believe it is right that goods from the European Union and the rest of the world are treated differently from goods moving within the UK’s internal market. Additionally, the consequential amendments to the qualifying Northern Ireland goods definition in existing legislation ensures that the updated definition, which focuses the benefits of unfettered access more squarely on Northern Ireland traders, applies to the direct and indirect movement of these goods into Great Britain. I am sure noble Lords will be aware that there will be further statutory instruments to come on very similar areas—the noble Lord, Lord McCrea, assured us that this will be the case.

I am aware that the noble Lord, Lords Dodds, may well be minded to divide the House on these regulations. As I mentioned at the start of my response, I have invited noble Lords from Northern Ireland to come, in January, to another meeting, as a follow-up to our previous one, and I very much hope that they will accept. I reassure noble Lords, who clearly have very real concerns about statutory instruments regarding the Windsor Framework and the implementation of the new BTOM, that I am listening. I want to have the opportunity to consider wider concerns in more depth, so that I can properly understand them and see if there are ways that we can move forward together on this. I do not pretend to have all the answers or a magic wand to resolve what is, in many areas, a pretty impossible position, but I am genuine in wanting to work with noble Lords on this. With that having been said, I once again thank everyone for their contributions. I commend the regulations to the House.

[Lord Dodds of Duncairn (DUP)]

My Lords, I thank the Minister for her response to the points raised by a number of noble Lords this evening. I thank her also not just for the substance of what she said but for the tone in which she has approached these issues this evening and on other occasions, as well as for her willingness and dedication to work with us on some of the issues that affect so many people who we are speaking for in this House—both unionist and nationalist, because the Ulster Farmers Union, which she mentioned visiting, is made up of many people of different backgrounds and they all have common concerns.

When we speak about wanting to give a voice, a vote and a say in making laws and legislation for Northern Ireland, we want those rights to be for nationalists, unionists, and those who have no party at all. That is why it is staggering that tonight in the Northern Ireland Assembly there will be members of parties—the SDLP, Sinn Féin and Alliance—who will vote to deny themselves the right to make, develop and amend laws over 300 areas affecting vast swathes of our economy, including one of our most important industries, the agrifood industry, which is massive in Northern Ireland. They will vote to hand over the powers to develop those laws to a foreign political entity, which may on some occasions vote and decide laws beneficially but may on other occasions decide to vote and make laws in their own interests, which is perfectly understandable. Why would you want to hand that away? This is not a unionist argument; it is an argument for Northern Ireland and for the Assembly.

The noble Baroness, Lady Ritchie, talked about working together. That is why we in the DUP voted to go into the Executive with Sinn Féin, despite its support for murder and mayhem, targeting many of us in political life and the security forces. We want to move Northern Ireland forward, but you cannot move it forward on the basis of a majority vote that excludes every single unionist. The noble Baroness, Lady Suttie, referred to the fact that there are different views. Well, there is a nationalist view, supported by the Alliance Party, and there is a unionist view. That is why we have a cross-community voting mechanism in the Assembly. There has not been a majority vote on any matter of substance affecting Northern Ireland for 50 years—yet, tonight, there is. That is not acceptable in the long term. It will not endure.

Food Security

Baroness Hayman of Ullock Excerpts

Monday 2nd December 2024 Lords Chamber

[The Lord Bishop of Hereford]

To ask His Majesty’s Government what steps they are taking to improve food security.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, the Labour Government have committed £5 billion to the agricultural budget over the next two years, which is the biggest budget for sustainable food production and nature’s recovery in our history. The uplift to £1.8 billion, in 2025-26, for environmental land management schemes will boost food security and accelerate the transition to a more resilient and sustainable farming sector. We are also investing £60 million to support farmers who were affected by the unprecedented extreme wet weather last winter.

[The Lord Bishop of Hereford]

I thank the Minister for her Answer. As an agricultural adviser in a previous life, I observed at first hand the vital contribution of both research and investment to agricultural productivity, which is fundamental to domestic food production and food security. Yet both the NFU and CLA estimate that the recent changes to APR and BPR will lead to a substantial reduction in investment. Were the impacts of these tax changes on investment and productivity modelled with Defra before their introduction? If not, can His Majesty’s Government undertake such an impact assessment and make it available to Members of the House?

[Baroness Hayman of Ullock (Lab)]

As I am sure noble Lords are aware, we are reforming APR and looking to do it in a way that protects small family farms and protects food security and resilience. The right reverend Prelate made some good points around this and the potential impacts of it. I will take his comments back to my honourable friend the Farming Minister, who is currently in discussions on those matters.

[Lord Forsyth of Drumlean (Con)]

My Lords, I asked a question some weeks ago about whether Defra had been consulted only the day before the Budget and that no impact assessment was given. The Minister promised to write to me—I still await a reply—but I read in the newspapers that that is the case. How can the Minister say that she is improving food security when the impact of APR will be to force small farms to sell their farms? They will be bought by corporates, as part of their ESG and greenwashing, which will further reduce the supply of land for food production, along with the madness of creating solar farms on good agricultural land. This Government are destroying food security, not enhancing it.

[Baroness Hayman of Ullock (Lab)]

I will answer a number of the noble Lord’s questions. We had a Question on solar farms last week; we are not building solar farms on grade 1 and 2—good-quality—agricultural land. On APR, Defra was in discussions with the Treasury to consider all the different changes for the spending review and is now in discussions on the next SR. The money that we are investing in farming is designed to support long-term food security in this country.

[Lord Browne of Ladyton (Lab)]

My Lords, under the last Government, just 4% of the ODA budget was devoted to agricultural assistance. Given the global growth in acute food insecurity linked to climate change and the increasing propensity for food security to be weaponised in conflict, can my noble friend the Minister tell your Lordships’ House whether His Majesty’s Government plan to increase the percentage of ODA being spent on agro-ecological measures?

[Baroness Hayman of Ullock (Lab)]

I am sure the noble Lord is aware that there has been a growth in acute food insecurity linked to climate change. I confirm that the FCDO’s ODA budget, which will be published in due course, will be £9.24 billion in 2025-26, and Ministers will consider the ODA allocations for 2025-26 over the coming months. We are committed to this; the Prime Minister committed to deliver practical support to communities facing hunger. This is backed by a £70 million package, including a new resilience and adaptation fund that channels climate finance to ensure that food-insecure households, in places such as Ethiopia, Chad and Bangladesh, can withstand extreme weather and other shocks.

[Lord Alton of Liverpool (CB)]

My Lords, 40% of all food is now imported, which raises a serious security issue. However, can I specifically ask the Minister about BBC World reports this morning that some pureed tomatoes being imported into this country are made by Uighur slave labour? The report included examples of punishment beatings and electric shock punishments for those who fail to reach their quotas. What more can we do to at least prevent goods coming into the UK that are wrongly labelled—in this case “Produced in Italy”—and give consumers the right to choose what they buy and do not buy?

[Baroness Hayman of Ullock (Lab)]

I have seen the same reports as the noble Lord and they are extremely concerning. My understanding is that the supermarkets have said that they have not been purchasing tomatoes from these particular places, but clearly that needs to be robustly checked. We are looking at labelling as a way to better inform consumers and ensure that our food is from the kinds of sources we would all want to see and can trust.

[Lord Roborough (Con)]

My Lords, I refer the House to my interests as set out in the register. The NFU estimates that as much as 75% of British farming output comes from family farms that will now have to pay the family farm inheritance tax. Farmers already have to deal with increasing weather volatility and increasing input and output price volatility, leading to lower and less predictable farming incomes. Does the family farming tax undermine the Government’s own manifesto commitments to increase food security and champion British farmers and expose hard-pressed family budgets to the risk of higher food prices?

[Baroness Hayman of Ullock (Lab)]

As I mentioned previously, the APR changes are not designed to undermine small family farms and I know that both Defra and the Treasury have been meeting with stakeholders to discuss this matter further.

[Baroness Janke (LD)]

My Lords, families whose food security relies heavily on food banks may suffer nutritional deficiencies because so much of the produce is ultra-processed rather than fresh. Some 800,000 children are reported to use food banks on a regular basis. What assessment have the Government made of the impact on child health and development of sustained dependency on food banks?

[Baroness Hayman of Ullock (Lab)]

My Lords, clearly it is important that we have good nutrition for our children, which is why we have worked with schools around breakfast clubs, for example, because it is very important that children receive nutrition, especially at a young age. This is something we are working with the Department of Health and Social Care on. One of the important things this Government are doing is working much more across departmental policy areas in order to ensure that we get the kinds of results that support the policy areas the noble Baroness referred to.

[Lord Harris of Haringey (Lab)]

My Lords, the Minister has talked about food security and we have heard a number of issues raised about different challenges to it—there are in fact a huge number. My noble friend Lord Browne talked about the weaponisation of food supplies. We know about disruptions to transport and about climate interruptions. Is not strange, therefore, that the national risk register put forward by the previous Government barely mentions food security, except in the context of contamination. Can my noble friend the Minister tell us whether this will be looked at, so the potential threats to food security in this country are looked at in the round, to coin a phrase?

[Baroness Hayman of Ullock (Lab)]

Absolutely; my noble friend makes an important point. We look at overall household food security. In the financial year ending 2022, some 7% of households in the UK were considered to be food insecure. The Family Resources Survey 2022-23 found that the proportion of food-secure households decreased from 92% in 2019-20 to 90% in 2022-23. So this is something we do look at in the round.

[Baroness Rock (Con)]

My Lords, tenant farmers do not own their land but they do produce food. Can the Minister tell me what conversations she has had with her colleague the Secretary of State for Housing, Communities and Local Government on solar planning applications that have been called in that relate specifically to solar applications on tenanted land where the landlord is looking to evict the tenant farmer?

[Baroness Hayman of Ullock (Lab)]

Regarding the solar panels, we have discussed this with Defra, DESNZ and the Ministry for Housing, which the noble Baroness asked about, because it is important, again, that we get this policy right as we develop our policy on housing and on energy. Clearly, this will be part of the land use framework. Regarding tenants, I am sure that the noble Baroness is aware that we have committed to appoint England’s first commissioner for the tenant farming sector to promote the standards outlined in the agricultural landlord and tenant code of practice. We hope that the commissioner will play an important role in this area.

Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

Baroness Hayman of Ullock Excerpts

Monday 2nd December 2024 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the draft Regulations laid before the House on 24 October be approved.

Relevant document: 6th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument). Considered in Grand Committee on 28 November.

Motion agreed.