Environmental Land Management Schemes

Baroness Hayman of Ullock Excerpts

Monday 24th May 2021 Lords Chamber

[Lord Benyon (Con)]

My Lords, it is early days on the lump sum payment for farmers to retire. It is proposed that the scheme will come in next year and will involve two years’ basic payment scheme amounts on a reference year budget. It is intended to encourage to farmers to have a dignified exit where it suits them and their business. This will also encourage new entrants who, I hope, will see a future in farming and will be assisted by the Government in trying to enter a business which has been all too difficult for young people to enter in the past. I promise to keep the noble Baroness informed on this because I know it is of great importance to her and the House.

[Baroness Hayman of Ullock (Lab)]

My Lords, I, too, welcome the noble Lord to his position. Does the Minister agree with the assessment that granting tariff- free terms to Australia, and potentially New Zealand, undermining, in particular, small family farms, means that we have to make the same concession to the United States and Brazil? How are the Government ensuring that the design of ELMS considers external factors rather than being purely domestic in focus?

[Lord Benyon (Con)]

I thank the noble Baroness for her question and her welcome. The Government are committed to trying to assist farming through this transition period. She will be aware of the manifesto commitment that all our trade negotiations will not compromise our high standards of environmental protection, animal welfare and food standards; that is still the position. We need to make sure in ELMS that we are not just looking at the minutiae of a different support scheme and trying to migrate from area payments to a new form of support, but recognising the wider implications to the farming community and the international effects of commodity prices and the like. I am absolutely with her on this; I want to work with ministerial colleagues and others to try to make sure that this works.

Common Organisation of the Markets in Agricultural Products (Wine) (Amendment, etc.) Regulations 2021

Baroness Hayman of Ullock Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Hayman of Ullock (Lab) [V]]

I also start by thanking the Minister for his very helpful meeting with me and the noble Baroness, Lady Parminter, and for his openness about what has happened and the situation that has arisen. Clearly, as the Minister said, this is a very short instrument because its sole purpose is to reinstate a previously implemented operability amendment to geographical indicators that was inadvertently revoked by another Defra SI. This error has meant that the version of the EU regulation on the statute book following the transition period was technically incorrect, but we thank the Minister and his staff for their explanations yesterday that the impact has been minimal.

As we have already considered this instrument in Committee, and other noble Lords have discussed the wider implications, I also intend to keep my remarks brief. I was pleased to hear in the Minister’s opening remarks that he and his department have discussed the situation with both—[Inaudible]—and the devolved Administrations. I draw attention to the fact that, during consideration of previous Defra EU exit SIs, we have raised concerns around the possibility of drafting errors and potential for mistakes if Defra continues to favour multiple and sometimes overlapping instruments over one or two larger consolidating texts.

If we turn to Paragraph 7.1 of the Explanatory Memorandum,

“What is being done and why?”


we can see that our concerns have come to fruition in this case. I understand that it is often more complicated when we have so many different pieces of legislation that need to be updated, changed or brought into UK law following our departure from the EU, but it is concerning that mistakes such as this have been able to be made due to the complexity of the many different small pieces of legislation that are being passed.

I join the noble Baroness, Lady Parminter, in giving thanks to the member of staff who spotted this error, as it was extremely fortunate that it was picked up at this early stage. But I hope that the Minister will be able to explain how such an error came to be made. Is the department aware of any similar issues that have arisen in other areas? If so, how many have happened, and are relevant corrections being made? Has the department reviewed how it checks the drafting of often very complex and detailed legislation? We all need to have confidence in government legislation and confusion and avoidable errors are simply not acceptable. I thank the Minister again for his sincere apologies that such a mistake has happened and ask for his reassurance that there will not be any such confusion and reoccurrence in the future.

Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness Hayman of Ullock Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Hayman of Ullock (Lab) [V]]

I thank the Minister for the very useful meeting that I and the noble Baroness, Lady Bakewell, had with him yesterday, and for his introduction today. [Connection lost.]

[The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)]

We seem to have lost the noble Baroness.

[Baroness Hayman of Ullock (Lab) [V]]

Sorry, my computer took on a life of its own and decided to mute.

Biosecurity has become an increasingly important issue. According to the Royal Horticultural Society, UK imports of live plants have increased by 71% since 1999. But with increasing trade comes increasing risk of pests and diseases being imported inadvertently. It is extremely important that regulatory standards are not compromised following the UK’s departure from the EU, so we are pleased to support this SI. We know that there was previously some surveillance of plants coming in from the EU that sometimes found problems, so improved legislation with additional checks on plant imports from the EU provides an opportunity to detect plant pests and diseases at the border, therefore further reducing future pest and disease problems.

I turn to the detail of the instrument before us today. The Minister has explained that it enables fees to be charged for plant health checks on imports into England from the EU, Switzerland and Liechtenstein, bringing those countries into line with the rest of the world, and that under a phased approach, higher-risk consignments of regulated plants, plant products and other commodities imported from the EU, Switzerland and Liechtenstein have been subject to checks since 1 January this year, with such checks on the remaining regulated goods being phased in later this year and in 2022. As there are a number of different checks and dates of implementation, I would be grateful if the Minister could clearly outline the timetable and provide clarification as to how businesses and industry have been informed about these changes, and what information has been provided to ensure that they are fully ready.

Changing plant health regulations also provides an opportunity to increase public awareness of plant health and biosecurity risks, encourage wider responsibility and drive cultural change. Has the Minister’s department been working with stakeholders such as the RHS to ensure that the UK’s plant health regulatory requirements are presented in a way that is accessible and user-friendly in order to encourage this outcome?

We understand that Scotland and Wales are introducing similar provisions. Can the Minister provide information about what dialogue has been held with the devolved Administrations to ensure a timely and co-ordinated introduction across the whole of Great Britain? Will the fee structures be the same across the devolved Administrations, and is it likely that the fee rates charged could be different? Industry will have to consider how it reacts to the new charges, so if there are different fee rates, has the Minister considered how businesses are likely to react and also how importers will decide to pass on the increased costs?

The Secondary Legislation Scrutiny Committee asked the department about the expected additional cost to business arising from these fees and the noble Baronesses, Lady Ritchie and Lady McIntosh, have gone into detail around this. But it is important that the SLSC regarded Defra’s approach in this area as “poor legislative practice” by not having

“analysis of the expected financial impact”.

The fact that

“the Department found it necessary to phase in the fees to give businesses time to adjust”

shows that an impact on business has been recognised. As the SLSC points out, there is no real information on the anticipated impact of these changes for those in the trade.

Defra has engaged with stakeholders extensively regarding the planned changes; however, we know from previous experience that the total potential impacts of the UK leaving the single market and customs union have not always been completely clear or understood by those it affects. In earlier SIs we have raised our concerns about the capacity of ports to carry out inspections; I therefore ask the Minister: where will the inspections take place? What assessment has been made of capacity and what additional resources have been provided to ensure effective delivery of the new checks?

As a final point, in its submission to an inquiry by the House of Lords EU Energy and Environment Sub-Committee into biosecurity, the Prospect union recommended better training for plant health officers, with the re-establishment of a viable training programme for new and established inspectors, plus joint training ventures with the Horticultural Trades Association and Royal Horticultural Society. Can the Minister inform us as to whether this has taken place and, if not, whether further training of officers is planned?

Fishing Sector and Coastal Communities

Baroness Hayman of Ullock Excerpts

Thursday 25th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, the recent announcements are UK-wide. We want all coastal communities across the United Kingdom to benefit from these schemes and funds. We think that there is a strong future for the communities. They will command a lot of public support in terms of fiscal support, as I have described, and I am far more confident than I think the noble Baroness is portraying. There are difficulties, and we need to overcome them and advance.

[Baroness Hayman of Ullock (Lab) [V]]

The noble Baroness, Lady Bakewell, just mentioned the shellfish industry and the devastating impact on it as a result of the ban on British shellfish in the EU. What progress is being made with the European Commission on lifting this ban? Also, the Minister mentioned the Seafood Disruption Support Scheme. The criteria for it are limited in scope and the scheme does not appear to match the ambition initially indicated by government Ministers. Can the Minister assure me that the scheme will be sufficient to support those businesses affected, some of which have had no income at all this year?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, these are important points and we are seeking an urgent resolution to the matter of live bivalve molluscs from class B waters. We have an extremely strong legal case and we are awaiting a meeting with the commissioner. I should say that those businesses impacted by this disruption to trade can apply for support via the seafood response fund, which seeks to ensure that the shellfish sector is supported during this difficult period.

Heritage Organisations: Coal Supplies

Baroness Hayman of Ullock Excerpts

Thursday 21st January 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, again, we are working across departments with the heritage sector, because we want to have a long-term future for it. However, we need to find alternative ways of securing the heritage sector while having a cleaner and greener economy and reducing emissions, which are making a significant impact on people’s health.

[Baroness Hayman of Ullock (Lab) [V]]

My Lords, we have heard concerns about the importation of coal, and I understand that some heritage rail organisations are currently importing coal, including from Germany. Can the Minister clarify how much coal is currently imported for this purpose, whether the amount is expected to increase, and what the impact of new border controls will be now that we have left the European Union?

[Lord Gardiner of Kimble (Con) [V]]

My understanding is that, of the 26,000 tonnes of coal used for heritage rail, 90% comes from four British open-cast mines, and therefore any requirements will be about negotiating a suitable ongoing domestic supply. As I said, we want to work with the heritage sector on these matters. My understanding is also that coal imports are overwhelmingly not from EU countries.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Baroness Hayman of Ullock Excerpts

Tuesday 19th January 2021 Grand Committee

[Baroness Hayman of Ullock (Lab) [V]]

I start by thanking the Minister for introducing the SIs so clearly today and for his very helpful briefing beforehand. First, I will address the animals, feed and food and plant health regulations.

Paragraph 2.2 of the Explanatory Memorandum explains that sanitary and phytosanitary checks are to be carried out at “designated border control points”. The Government committed to building more infra- structure at ports and elsewhere to support the increased number of checks. However, we know that not all of these were ready on 1 January. Will the Minister take this opportunity to update colleagues on the status of these facilities, particularly given the fact that Her Majesty’s Government have acknowledged that there have been problems at the borders?

Part 2 refers to the special import conditions that may be imposed in respect of imports from third countries of products of animal origin intended for human consumption. Can the Minister clarify how special import conditions will be communicated, how long they will apply and the processes proposed to review their cumulative impact?

A number of noble Lords have mentioned the issues that were raised by Friends of the Earth. For example, Regulation 4 amends the previous animal feed regulations to omit Regulation 90. This had previously replaced references to the European Union Reference Laboratory for Animal Proteins in Feedingstuffs with the words “reference laboratory”. This was mentioned by both the noble Lord, Lord Rooker, and the noble Baroness, Lady Bennett, and we would be interested to know why these references have been reinstated. Does this represent a specific, time-limited transitional arrangement or an agreement on continued UK engagement, or is it that no reference laboratory yet exists within the UK to take on this work?

The noble Baroness, Lady McIntosh, referred to Regulation 17 and model official certificates, so can the Minister clarify the requirements for these certificates and the timescales within which they will be available? The noble Baroness also mentioned that there is an update required on the development of

“the appropriate computerised information management system”

that is referred to in paragraph (6)(b).

We were concerned as to why the regulations in this SI were not included in the previous SI, debated at the beginning of December; this was mentioned by the noble Baroness, Lady Bakewell. The Explanatory Memorandum appears to blame the European Commission, and I am aware that the Minister explained in his introduction why the regulations were not dealt with previously. But we agree with the comments of the noble Baroness, Lady Bakewell, and her frustrations in having to, once again, go over ground we have already covered.

I turn to the draft plant health amendment regulations. As we have heard from the Minister, this instrument aims to protect biosecurity and support trade between Great Britain and Northern Ireland by ensuring that plant health controls for qualifying goods moving from Northern Ireland to Great Britain can function after the end of the transition period.

The Secondary Legislation Scrutiny Committee raised the question of documentation for products heading in the opposite direction—Great Britain to Northern Ireland—and although I am aware that this is not technically within the scope of this SI, I hope that, given the problems currently being experienced by supermarkets, the Minister will not object to us asking for clarification on whether or how supermarkets have to notify Her Majesty’s Government that the procedures have actually been updated, and for an update on the situation regarding the flow of goods.

Regulation 3 allows the Government to move products that pose a pest risk. This has also been discussed by other Members, including the noble Earl, Lord Caithness, so I will not go into any further detail on that. But it would be helpful for the Minister to clarify who determines what constitutes an “acceptable level” of risk, and which body would determine whether the decision of measures to adopt was suitable to reduce risk to an acceptable level.

Paragraph 7.4 of the Explanatory Memorandum notes that, in some circumstances, British operators can replace an existing EU plant passport with a UK equivalent; the noble Baroness, Lady Fookes, referenced this. Can we find out exactly what this process entails in practice? Will there be any time delays? What kinds of costs could there be? How has this been communicated to industry in advance? The noble Lord, Lord Bilimoria, raised questions about support for business, and I do not feel that the Explanatory Memorandum is clear on these points, other than saying that it did not believe that consultation was necessary.

The Explanatory Memorandum also repeatedly states that the instrument

“facilitates the government’s policy of unfettered market access”.

While it may do that on paper, there have been initial teething problems which have amounted to anything but unfettered access. I ask the Minister to encourage the Government to apologise to businesses which have been affected by the lack of lead-in time for these new procedures. I await his response with interest.

Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

Baroness Hayman of Ullock Excerpts

Monday 30th November 2020 Grand Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for introducing this SI this afternoon and for organising the very helpful briefing beforehand, which I was able to attend. We have heard some interesting contributions and a number of questions, and I look forward to hearing what the Minister has to say. It is clear that the changes in the proposed SI are necessary in the three different areas that it covers— namely, to secure the continuation of an effective regime for animal welfare in transport, slaughter and other areas; to continue the ban on leg-hold traps and the import of pelts obtained by that method; and to ensure that the strict protections placed against invasive non-native species are maintained. It also, importantly, provides continuity to business in these areas after the end of the transition period. I understand that reciprocal arrangements are being discussed with the Republic of Ireland but have not yet been finalised, so I would be grateful if the Minister could keep us informed on progress in this area.

We welcome the overall purpose of these regulations, which is to uphold these high standards in different areas of animal welfare and associated trade policy and apply the rules to EU countries in the same way as to other third countries. The noble Baroness, Lady Bennett, covered the area of animal welfare in great detail, so I shall not repeat her questions. However, I have a number of questions for the Minister, and I would be grateful for his clarification. A number of noble Lords mentioned the importance of getting the transport arrangements right. The Minister mentioned that one of the main changes is that of transporters having to apply for documentation from a competent authority in Great Britain rather than the EU. How and in what way is that being communicated to interested parties?

It is inevitable, as with any new system when it is introduced, that there will be teething problems. Is there any form of discretion that can be exercised if a transport arrives at a port without the relevant paperwork? If not, have the Government considered what kind of delay this is likely to cause, at what potential cost, and how those teething problems can be resolved?

Looking at the Explanatory Memorandum, I see that paragraph 10.2 talks about the consultation, and consultation outcomes. It states that Her Majesty’s Government have engaged with industry representatives on the recognition of EU journey logs and other certificates and authorisations that are required. Will the Minister outline the nature and timing of this engagement, and can we have an assurance from him that interested parties will be properly consulted ahead of any future policy changes?

On invasive non-native species, I will first say that it was interesting to hear the noble Lord, Lord Walney, and the noble Lord, Lord Greaves, talk about the red squirrel population. It is very important to support that. I am fortunate enough to have red squirrels visiting my garden and it is very important that we do not lose this precious species. On the other hand, I am not so fortunate in that I regularly battle with Himalayan balsam, which we also have growing extensively along the riverbanks on our land. I welcome the strengthening of these regulations so that emergency measures can be applied in order to add new species, and also the fact that the regulations have been approached in a co-ordinated manner across Great Britain. It is important that we control these invasive species as much as possible and that there is both contingency planning and the ability for a rapid response when required.

I will draw attention also to a couple of paragraphs of the Explanatory Memorandum. First, paragraph 2.24 says that changes to enforcement legislation will

“enable enforcement officers to use discretion when transferring seized specimens to appropriate facilities”.

Will the Minister provide further detail on what this discretion is likely to entail? The Minister also drew our attention to the proposal that items seized in Scotland would be allowed to be transported to a Scottish rather than English facility. Is this the full extent of the change, or will it be extended beyond that?

I think I will end there. We have a lot of questions for the Minister to answer, so I would be very grateful for his consideration of these matters and await his response with interest.

Rural Economy

Baroness Hayman of Ullock Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, the Government have provided £220 million of new funding to support a better deal for bus users. This includes £20 million for the rural mobility fund to trial new on-demand services and to improve existing services in rural and suburban areas.

[Baroness Hayman of Ullock (Lab)]

Askham Bryan College has stated its intention to close the Newton Rigg agricultural college in Cumbria, saying that students may wish to explore options at other colleges regionally. However, Cumbria’s young people need to learn how to farm in Cumbria, where its unique landscape brings unique challenges. Can the Minister clarify that the Government support the ongoing needs of agricultural and rural industries in Cumbria through the vital and sustainable future of Newton Rigg College?

[Lord Gardiner of Kimble (Con)]

I assure the noble Baroness that that is hugely important. We agree that attracting bright new talent into agricultural and horticultural careers and having a skilled workforce in place are vital for the future of UK food and farming. My understanding on Newton Rigg agricultural college is that the Department for Education is looking at the matter very closely.

Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

Baroness Hayman of Ullock Excerpts

Tuesday 10th November 2020 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the Minister for introducing these SIs this afternoon and for organising the very helpful briefing beforehand. I also welcome the noble Lord, Lord Mendoza, and congratulate him on his excellent maiden speech. I welcome the informed contributions of your Lordships and will concentrate specifically on the instruments themselves. As we have heard, neither instrument introduces substantive policy change, although I understand that the reassignment of certain functions from the European Commission to UK bodies can occasionally mean a slight difference in how those functions will be carried out.

First, I come to the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020; I have some areas where I will ask the Minister for clarification. Paragraph 2.7 of the Explanatory Memorandum notes:

“Marketing consents granted at the EU level do not require further, national-level authorisations.”


Clearly, this situation will change going forward. Further information is set out in Paragraph 2.12, which states:

“existing processes … will continue as now.”

Can the Minister confirm that this means no change to the criteria being applied on 1 January? Does the department intend to review the criteria going forward? If that is the case, when would that work take place, and would it be carried out alongside the devolved Administrations?

As a de facto member of the EU single market, Northern Ireland will continue to adhere to a portion of the EU’s body of law. These obligations relate to many of these areas, including genetically modified organisms. Divergence has been mentioned by a number of noble Lords, so does the Minister envisage any practical difficulties arising from the different regulatory regimes in Great Britain and Northern Ireland? For example, if the UK were to grant a GMO authorisation to a product that did not enjoy similar accreditation at the EU level, would there be any implications for the UK’s internal market? Will the Government maintain equivalent regulations to the EU on GMOs? If not, how will that affect our ability to export agricultural products to the EU, not to mention any possible effects on the environment?

I now turn to the SI on organic products. On these Benches, we wish to see a smooth transfer into UK law and welcome this SI, which is essential for the continuity of trade in organic products. We particularly welcome the commitment in paragraph 2.11 of the Explanatory Memorandum that:

“The current organic standards will be maintained at the end of the Transition Period.”


The organic sector may still be considered a fairly small one, but it is important, leading the way on sustainability in agriculture—recognising, for example, the value of soils and issues around pesticides. As such, it is good to see that paragraphs 7.2 and 7.3 in the Explanatory Memorandum—and the Minister, in his introduction—recognise its value to the UK economy. The continuation of this trade is hugely important.

I also welcome the fact that the 6,000 organic operators are mentioned and that many of these are small and medium-sized businesses, which would be particularly vulnerable if the retained EU organic legislation were not updated.

There is one particular area where I ask the Minister for further clarification. He referenced Part 2 of the regulations and that it extends an existing derogation for porcine and poultry feed into 2021 and 2022. However, there is no mention of what will happen after this date. Could the Minister clarify the Government’s intentions beyond 2022? For example, will the provision just continually roll over, or will the matter be put under review?

Finally, I stress how important it is for the UK to achieve equivalence with the EU. This has been mentioned by the noble Baronesses, Lady McIntosh of Pickering and Lady Parminter. Can the Minister assure us that future access to the EU market for our UK organic exporters is a priority? If we end up in a no-deal scenario and do not have mutual recognition of one another’s organic standards, the EU market will likely be closed to UK organic-certified produce. I look forward to the Minister’s response.

Oral Answers to Questions

Baroness Hayman of Ullock Excerpts

Thursday 31st October 2019 Commons Chamber

[Mr Speaker]

May I just say that I am not ignoring the hon. Member for Penistone and Stocksbridge (Angela Smith)? I am conscious that she has Question 6, on which another party wishes to come in, so it would perhaps be better for her to wait until then. We look forward to hearing from her in a few minutes.

[Sue Hayman (Workington) (Lab)]

I wish you all the best for the future, Mr Speaker, and thank you for chairing DEFRA questions with such patience and consideration over the last few years.

We know that there are loopholes in the Hunting Act 2004 which are being exploited. A Labour Government would strengthen the hunting ban, so may I ask what the Conservative Government have been doing to stop foxhunters from breaking the law?

[Zac Goldsmith]

There is no doubt that illegal activities continue. They are well documented and often secure widespread coverage on social media in particular, and they cause outrage among the population. Those activities are already illegal: they are against the law. Digging up setts, bashing fox cubs on the head and breeding foxes to feed to hounds are illegal as well as abhorrent. The challenge relates to enforcement and prosecution. As I mentioned, we are committed to maintaining levels of funding for the National Wildlife Crime Unit, and we are encouraging other Government Departments to play their part as well.