Agricultural Tenancies

Baroness Hayman of Ullock Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I begin by welcoming this Statement and the fact that the Government are agreeing to implement many of the recommendations from the Rock review. I also thank the noble Baroness, Lady Rock, and everybody who has been involved in the Tenancy Working Group for their work in producing such an excellent report.

Why does this report matter? Tenant farmers remain an important part of British agriculture. Tenants farm 30% of farmed land in the UK, and this is a traditional means of entry for young farmers who do not happen to inherit a farm.

Tenant farmers are vital if the Government are to meet their ambitious commitments across food security, the environment and climate change, as well as levelling up rural communities. A clear government commitment to the agricultural tenanted sector is important to the future of farming in this country, so it is very good to see that, as the Statement says, three-year agreements are now being offered for tenants to participate in the sustainable farming initiative. Yet, according to the Tenant Farmers Association, a lack of security over the future and not knowing if they will still have their farms in five years’ time is the biggest worry for most tenant farmers, who are under a farm business tenancy. This therefore provides very little incentive for them to invest in the medium to long term in their farms.

In commenting on the Government’s response to the review, the noble Baroness, Lady Rock, said that she was disappointed that they had not recognised its findings regarding the increase in new clauses being inserted into farm business tenancies that reserve the right to enter public and private schemes solely for the landlord. Can the Minister tell us why the Government made that decision?

The Statement also says that the Government must

“remove any remaining barriers to accessing our farming schemes”.

This, of course, includes much more than just the sustainable farming initiative. Why did the Government not accept the proposals from the Rock review to make it easier for tenants to enter the tier 2 and tier 3 versions? This is where a lot of the schemes will sit. I am thinking particularly, for example, of Countryside Stewardship and landscape recovery. Can the Minister also tell the House how the Government intend to deliver the review’s recommendations on securing tenant access to the new environmental land management schemes on tenanted land when there is no landlord consent?

The noble Baroness, Lady Rock, also said that she was

“disheartened that the Government has avoided the recommendation to allow tenant farmers to have a fair basis on which to engage in diversified activities and that the proposal to involve the independent Law Commission has been downgraded”.

Again, can the Minister provide an explanation as to why these decisions were taken?

I move on to the next announcement in the Statement: the establishment of the farm tenancy forum. We very much welcome this, but is the Minister able to further clarify its role? It will be important that it does more than just monitor and ask for further evidence. It will need to fulfil its task of implementing the Government’s response to the Rock review—all the good things that are in that—and should not be just a rolled-over version of its predecessor.

We are pleased to see that the Government are going to progress the development of the new code of practice and very much welcome the leading role to be taken by the Royal Institution of Chartered Surveyors.

Regarding the further consideration of the recommendation of a tenant farming commissioner, the review clearly laid out exactly why this is needed. Can the Minister assure your Lordships’ House that the call for evidence will be carried out with a real sense of urgency?

Finally, we know that there is continued anxiety around the future of farming and a need for more training and business support, so we very much welcome the commitment in the Statement regarding the new entrant support scheme pilots. Can the Minister provide any information as to when we are likely to have more detail about that? It would be interesting to know how long the pilot scheme will last, when they are likely to implemented and so on. Encouraging more people to enter farming is vital if we are to have a thriving agricultural tenanted sector in the future.

I look forward to the Minister’s response, but we warmly welcome the fact that the Government are committed to implementing the bulk of what is in the Rock review.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful for this opportunity to comment on the tremendous work that the noble Baroness, Lady Rock, and her team have done on the tenant farming sector, which plays such an important part in the agricultural provision of the country.

The Statement, given in the other place on 24 May, draws on the government response to the Rock review, which was published in October last year. The review itself was extensive and covered every area of the way that agriculture is conducted by tenant farmers, from relationships with landlords to tax systems. Tenant farmers are now firmly at the centre of the agriculture industry. I am delighted that Defra has proposed setting up a tenant farmers’ forum; that is excellent news. Tenant farmer voices need to be not only heard but listened to.

I read the Rock review, the government response and the Statement, and thought that the Statement was very thin on the detail of the government response and the review itself. The review splits its recommendations into two parts: those requiring immediate action and those taking place over a longer timeframe.

There are aspects of the government response that were good. First, the Government are ensuring that the various ELMS are easily accessible and open to tenant farmers; that is essential. Recommendation 1 gives details of how this could be achieved, including by ensuring that landlords are not able to block tenant applications. However, in terms of the SFI, it is true that tenant farmers have not rushed to take part. Can the Minister say what the Government are doing to rectify that situation?

Secondly, the Government are ensuring that Defra communicates with the tenant sector and that funding schemes are easily accessible to tenant farmers; that is important. Doing this through the farm tenancy forum is also important. Thirdly, they are continuing to invest in farm infrastructure through the farming investment fund by means of grants to farmers, foresters and growers, which will include tenants. Science and technology are moving at a pace; it is vital that tenant farmers have access to resources to invest in innovation. Is the Minister able to say how much of the £168 million in the FIF has been allocated to the tenant farming sector, and is this likely to be sufficient to make a real difference to the tenant farmer?

Other aspects of the response were not so encouraging. Requiring a longer period for implementation is the proposal in recommendation 6 for the appointment of a tenant farmer commissioner. This role would ensure that government policy is tenant-proofed. The commissioner would be able to examine and strengthen any dispute resolution processes. That was met by Defra with a call for evidence over the summer months. This seems to have been in response to industry lobbying with differing views, possibly from the landlord sector. That was disappointing, so I would welcome the Minister’s view on the appointment of a tenant farmer commissioner.

There were also a large number of recommendations, where the government response was to

“work with the … Farm Tenancy Forum”.

While that is exactly what they and the forum should be doing, it seems to me that the Government were pushing a disproportionate amount down to the forum. It would be better if they made a much more positive response to the individual recommendations in the Rock review in the first place.

The chapter on tax contained a number of recommendations, including recommendation 62:

“Reform Stamp Duty Land Tax to end discrimination against”


farmers. The government response to this and to recommendations 56 to 58 was to explore the potential for relief on tenancies of eight years or more and to work with the forum on solutions. Again, that was not as encouraging as it might have been.

In the other place, the previous Secretary of State raised the issue of the Law of Property Act 1925 and the Agricultural Holdings Act 1948, whereby landowners had a right to rent out their land. However, following lobbying by the banking industry, that was taken away through Section 31 of the Agricultural Tenancies Act 1995, which requires that they now need permission from a bank. The question was asked whether the Government had considered repealing Section 31. The Minister’s response was to look into the matter and get back to the right honourable Member. Given the length of time that has elapsed since the Statement was first debated, can the Minister update the House on whether this is likely to be considered?

Tenants, and farmers in general, are bogged down in measuring and monitoring what they do. Recommendation 68 calls for Defra to

“systematise the measurement, monitoring and collection of data on tenants and their involvement in schemes”.

This is not rocket science and it will make a tremendous difference to tenants and other farmers. The Government’s response was quite long and ended with:

“We will keep this question under review as part of our monitoring, evaluation and learning work, to ensure we have all the necessary evidence to inform ongoing policy review and development”.


So that was a no. The Government are obsessed with monitoring and evaluation; as the saying goes, you do not fatten a pig by continually weighing it. The noble Baroness, Lady Rock, has taken an enormous amount of time on this review and produced some workable recommendations which would enhance the lives and viability of tenant farmers. I am disappointed by the government response.

Animal Welfare

Baroness Hayman of Ullock Excerpts

Wednesday 7th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, the Statement we are debating today starts with a list of government achievements on animal welfare. Of course, we always welcome any positive progress on animal welfare measures, but the problem is that that is not really the point of this Statement or why it has been made. What it is actually doing is scrapping the kept animals Bill—legislation designed to protect pets, livestock and wild animals. I point out that we have had to wait until today to debate this, as the announcement was made on the afternoon of 25 May, the last day before recess.

The Bill was first introduced two years ago and was announced again in the Queen’s Speech last year. It would have delivered on a number of Conservative 2019 manifesto animal welfare commitments, including ending the export of live animals for fattening and slaughter, tackling puppy smuggling and banning the keeping of primates as pets. One animal charity has accused Ministers of “an astonishing betrayal”, yet the Statement has the gall to say that this Conservative Government

“have done more than any other party on animal welfare, delivering on”

the manifesto. So, let us remind ourselves about the issue of delivering, because aside from this Bill, the animals abroad Bill was also scrapped. Although I am sure the Minister will say that we have Private Members’ Bills coming to this House, some containing what was in that ill-fated Bill, can he explain why the promises to ban fur and foie gras imports have bitten the dust?

If animal welfare promises are included in a manifesto, they should be delivered. There should not be a pick-and-mix approach by the Secretary of State or Prime Minister of the day as to which proposals are the least likely to upset Tory Back-Benchers. Saying that taking forward the measures in the kept animals Bill individually is the surest and quickest way is an extraordinary statement, when we consider just how long they have been languishing in the Commons. If the Government had been serious about passing this legislation quickly, they could have done so more than a year ago. I have lost count of the number of times that I have asked the Minister and other Ministers about the Government’s commitment to the Bill and when we would see it make progress. I was always strongly reassured, and I genuinely do not blame the Minister for that, but again it is deeply disappointing.

So, what reassurance can the Minister provide that every part of the Bill—I repeat: every part—will make it through this process, with government support, by the end of this Parliament? Can he provide a proposed timetable? Can he guarantee that no part of it will meet the same fate as the promised bans on fur and foie gras imports? Does he agree with Conservative Members in the other place? Conservative MP Tracey Crouch said it was “better than having nothing”, but added that there had been

“an unforgivable delay on the whole bill, which is completely unacceptable”.

Conservative MP Theresa Villiers said she felt

“a sense of frustration and disappointment”.

The Minister will know that I feel strongly that the Government have once again let down those who believe in progress on animal welfare. More than this, the reasons given for dropping the legislation are simply outrageous. To attempt to blame the Labour Party for a Conservative Government’s decision to drop legislation that had strong cross-party support, with no evidence whatever that

“Labour is clearly determined to play political games”,—[Official Report, Commons, 25/5/23; cols. 495-98.]

is an utterly feeble excuse.

I know that the Minister is personally committed to improving animal welfare standards, so I end by saying that it is a shame that he is not in charge, as I believe he would have more backbone on this issue than some of his colleagues in the other place. I look to him to ensure that progress is made.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the chance to comment on this Statement. The Government have been active on the animal welfare front and I commend their Action Plan for Animal Welfare. I have some questions for the Minister on progress on several fronts on this plan.

I was delighted when the Ivory Act was passed and disappointed that it took so long to implement. I am pleased that the measures in the Act are now extended to cover hippo, narwhal, killer and sperm whales and the walrus, all endangered species.

The animal health and welfare pathway covers farm animal welfare through welfare reviews with a vet of choice. We debated earlier this week the shortage of vets to conduct all the necessary government work. At that time, the Minister detailed the steps being taken to address the vet shortage. Is the Minister able to say whether there are particular geographical hotspots of vet shortage, or is the shortage spread across the country as a whole?

The Statement mentions the new Animal Sentience Committee, the creation of which was not universally welcomed in the other place or in this House. As the committee begins its work next month, is the Minister able to say whether it will be looking at forthcoming legislation across all departments of government, as originally intended, or will it be confined solely to Defra?

I understand the Government’s reasons for not pursuing the kept animals Bill, but I am, nevertheless, disappointed and concerned about certain aspects which the Bill would have covered. The Government appear to be relying quite heavily on Private Members’ Bills to implement strands of their manifesto. As we know, Private Members’ Bills often take a while to complete their passage and are some of the first to fall if there is pressure on official government business.

While I fully support the ban on trading in detached shark fins and banning the sale of glue traps, I am less enthusiastic about the ban on importing hunting trophies. While I think the hunting of large exotic animals for trophies is a revolting practice, there is another side to this. The hamlets and villages which live alongside these wild animals find it hard to make a living out of farming the land, which is often destroyed by marauding game. The expansion of their farming practices into the areas previously inhabited by wild game brings them into conflict with the animals. Villagers are dependent, in some areas, on the exploits of big game hunters for their income. Would not a better system, to prevent the destruction of certain species, be to introduce a quota system, such as used to exist in the USA? There, a hunter could have a licence once every five years to kill a single bear. When his turn came up, he had the year in which to be successful. If he was not, then his licence lapsed, and he had to wait another five years. I readily admit that I do not know if this system still exists in the US, but it did some years ago. I also accept that my comments will not be welcome to those taking part in the debate next Friday on this important issue, and I am not able to be present on Friday but feel both sides of the argument should be heard.

The Government have done much to prevent the export of live animals for fattening and slaughter since 2020, but this is a temporary measure. Can the Minister say when the UK legislation will become permanent and what, if any, barriers there are to this happening soon? There have been several statutory instruments concerning puppy smuggling and banning the importation of mutilated dogs. The Statement indicates that, instead of this being covered by the kept animals Bill and statutory instruments, this will be in a single-issue Bill. Can the Minister say when this might be brought forward—if not in this Session, then presumably in the next?

During the Covid lockdown, we saw a rise in pet ownership, which was coupled with a rise in pet abduction, possibly driven by the rise in the cost of acquiring a puppy or kitten. The Government are seeking, as they put it, to progress

“delivery of the new offence of pet abduction and new measures to tackle livestock worrying”.

I fully support this, but I wonder whether this will be through government legislation or another Private Member’s Bill—can the Minister comment?

Lastly, I want to turn to the issue of keeping primates as pets. This was to have been, for me anyway, a key element of the kept animals Bill. The Government are due to consult over the Summer Recess on the issue of standards for keeping these highly intelligent animals as pets. This gives the impression that it will be acceptable to keep primates as pets. The Statement also refers to secondary legislation as the vehicle for introducing this. If this is the case, which Act will the relevant SI sit under? I am opposed to the keeping of primates as pets and hope the Government will ban this instead of regulating it.

I congratulate the Government on the action they have taken, and intend to take in the future, on animal welfare, and fully support their actions. However, I feel a sense of disappointment that the kept animals Bill will not be the vehicle for achieving further improvement.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I am grateful for the contributions made by both Front-Bench spokesmen. We are a nation of animal lovers and that unites us across this House. Animal welfare has been a priority for this Government, and I say to the noble Baroness that she would be hard pushed to find any Government that have done more for animal welfare than we have. On farms, we have introduced new regulations for minimum standards for meat chickens. We have banned the use of conventional battery cages for laying hens. We made CCTV mandatory in slaughterhouses in England. For pets, microchipping became mandatory for dogs in 2015 and, as she is aware, we have just passed this measure for cats. We modernised our licensing system for activities such as dog breeding and pet sales. We have protected service animals via Finn’s law. We banned the commercial third-party sales of puppies and kittens. In 2019, our Wild Animals in Circuses Act became law, and we have led the world to implement humane trapping standards by banning glue traps. Some of these measures were Private Members’ Bills, but we worked with people in both Houses to make sure that these happened.

As the noble Baroness, Lady Bakewell, mentioned, the animal health and welfare pathway is seeing a real step up in the relationship between vets and farms, and the support we can give to farmers in this important priority for improving animal welfare standards. We had the Animal Welfare (Sentience) Act and the Animal Welfare (Sentencing) Act. Last month, we made cat-microchipping compulsory and, as the noble Baroness pointed out, we brought the Ivory Act into force last year, but we have extended it to cover five other species also.

The noble Baroness is being a bit harsh when she looks at the issue in the round because we have had a lot of success with single-issue animal welfare matters, and we are still committed to the measures in the Bill. With regards to the example raised by the noble Baroness, Lady Bakewell, about the ban on keeping primates as pets, this will be on the statute book before it would have been if we had taken this through as a multi-issue Bill, because we are able to do this through a statutory instrument. I cannot remember the piece of legislation that this will amend or add to, but it will be on the statute book.

We remain committed to banning the export of animals for slaughter and fattening. Noble Lords may be interested to know the number of animals that have been exported since we left the European Union is zero. It is an activity that, through economic circumstances and the availability of the necessary infrastructure, is just not happening, but that never stops the Government being determined to do this.

We have the trophy hunting Bill coming forward; I suggest that is when we will tease out some of the legitimate issues raised by the noble Baroness. On shark fins, we will support the ban. The low welfare issues abroad are certainly matters we can take forward.

On the issues raised by the noble Baroness, Lady Hayman, around foie gras, we are keeping to our manifesto commitment. We are looking at the measures that would be required to legislate. We have committed to building a clear evidence base to inform decisions on banning the import and sale of foie gras; we have been collecting evidence on the sector and will continue options in due course. We are committed to taking an evidence-based approach towards exploring potential action on fur. We have already held a call for evidence and are continuing to explore possible outcomes.

When the noble Baroness looks at every part of the Bill, she will see that nearly all of it will have the necessary parliamentary time. We may be able to find an alternative place to bring in other areas such as zoo standards, but there is more evidence to collect on that. I am working very closely with the Zoos Expert Committee to make sure that we are doing that.

In reply to the noble Baroness’s point about vets— I am sure this will be raised by others in this House quite shortly—there is a shortage of vets, certainly in government and the APHA. We are treating this situation very seriously and seeking to address it, and we are working with people such as the noble Lord, Lord Trees, to make sure that the new vet schools which have opened in recent years, which are extremely welcome, are training more vets who will remain in the United Kingdom and service us. There is a particular shortage of large animal vets, and we are working with the royal colleges to make sure that we are finding new ways to encourage people to go into that sector and looking at why there is a disinclination for certain people to go into that area.

I have already covered the point about primates as pets. As for the six measures in the manifesto, we will ban live exports, as I have said, and there will be measures on puppy smuggling and primates as pets. Livestock worrying and pet abduction were not in the manifesto, but we are doing work on those issues. I hope also to be able to do something on zoo licensing. In addition to the manifesto, we have supported the glue traps Act, which passed through your Lordships’ House. We brought in extra penalty notices and extra measures for animal cruelty, and increasing the penalties for hare-coursing has been extremely popular with people—as well as with hares. The people carrying out that activity— I speak with some experience on this matter—are not pleasant when they are confronted.

I hope I am able to convince both Front Benches that the kept animals Bill was designed to implement several of our ambitions, including manifesto commitments on banning the live export of animals, cracking down on puppy smuggling and banning the keeping of primates as pets. Its multi-issue nature means that there has been considerable scope-creep. The Bill risks being extended far beyond the original commitments in the manifesto and the action plan. The Bills and regulations that we have passed already demonstrate the enormous progress that can be made with single-issue legislation. Therefore, we have announced that we will take forward measures in the kept animals Bill individually during the remainder of this Parliament. We remain fully committed to delivering our manifesto commitments, and this approach is now the surest and quickest way of doing so.

[Baroness Hayman of Ullock (Lab)]

Before the noble Lord sits down, if he is concerned about the widening of scope, perhaps he should suggest that the levelling up Bill is scrapped.

[Lord Benyon (Con)]

I will definitely feed that very important piece of information through to my colleagues in other departments.

Water Companies: Customer Bills

Baroness Hayman of Ullock Excerpts

Tuesday 23rd May 2023 Lords Chamber

[Lord Benyon (Con)]

My noble friend makes a very good point. Water is the only utility business where the regulator does link reward for company executives and dividend payments to performance. It is the only sector of privatised utilities where that link is made.

[Baroness Hayman of Ullock (Lab)]

My Lords, while we are on soundbites, can I just say that I think levelling up is a bit of a soundbite rather than a solution? The National Infrastructure Commission has warned that

“there does not appear to be a comprehensive and consistent understanding of asset condition across the sector and how this may change in the future”.

We know that asset replacement rates need to be significantly higher, so does the Minister agree with the commission that Ofwat should take a leadership role in developing consistent, forward-looking metrics for defining and measuring asset health across England? If not, what does he consider to be the alternative to achieve this?

[Lord Benyon (Con)]

I do not agree that levelling up is a soundbite—it is really happening. I do agree that we need to make sure that we are supporting water companies and, through the regulator, making sure that they are taking a longer-term view on this. Each price round is five years, and the investment decisions we want them to take look way into the future, ahead of that. We want to make sure that we are working with the industry to create a long-term solution and that we are doing that with customers in mind. Some of the promises being bandied around about ending all sewage outflows by 2030, and those making them, really need to be challenged, because that will have a very big impact on households that are struggling to pay other bills at the moment.

Land Use Commission

Baroness Hayman of Ullock Excerpts

Monday 22nd May 2023 Lords Chamber

[Lord Benyon (Con)]

I would love to spend hours talking about this issue; it is one of endless fascination. I have the zeal of the convert on this because I was always sceptical about what I felt was a very top-down process but, having read the report, I now see the need for it. That is why we are tackling the issue in a meaningful way right across government; if we can find time for a debate on the report, I am certain that I will be dragged in to give the Government’s view.

[Baroness Hayman of Ullock (Lab)]

My Lords, as we have heard, there are many pressures on land: housing; food production; tackling biodiversity; and climate change. Clearly, the recommendation to set up a land use commission to oversee progress on this is the best solution. Are the Government going to take that recommendation forward and set up a commission? If not, how does the Minister envisage not just being in discussion with departments but delivering on this issue across government so that we get the land use we need for the future?

[Lord Benyon (Con)]

My concern about a commission is that it would probably have to be a creature of statute. That would take time. We would have to have consultations and pass legislation, and another factor is the cost, which the report said should be similar to that of the Scottish Land Commission, at £1.5 million, and the Climate Change Committee, which is about £4.5 million. The most important thing is that Ministers want to drive and be held to account in both Houses on this very important piece of work. We are yet to be convinced about parking it with a commission, but I am happy to have further conversations with Members of this House to get to the bottom of that.

Air Quality Strategy Consultation

Baroness Hayman of Ullock Excerpts

Thursday 18th May 2023 Lords Chamber

Asked by

[Baroness Hayman of Ullock]

To ask His Majesty’s Government what assessment they have made of the compliance of their revised national air quality strategy consultation with best practice, as laid out in the Cabinet Office Consultation Principles.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the Government published the Air Quality Strategy: Framework for Local Authority Delivery by the legal deadline of 1 May. Although we recognise that the consultation period for the draft strategy was shortened, almost 450 responses were received, including 97 from local government. We took into account these responses in the publication of our final strategy, and the document will drive the local action on air quality that we all want to see.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

My Lords, local authorities are central to efforts to improve the country’s air quality, but the nature of this consultation exercise suggests that the Government think otherwise. Regardless of any prior engagement, does the Minister really believe that a period of just 10 days—starting immediately before Easter, during the school holidays and in the run-up to the local elections—was sufficient to allow councils to formulate their response and get it signed off internally? Will the department do the right thing and reopen this consultation to ensure that no one misses their opportunity to respond—or are the Government once again dodging any scrutiny?

[Lord Benyon (Con)]

The noble Baroness knows how I hate to see her disgruntled, so I will see whether I can make her gruntled. The consultation was open for 10 days, the department received 434 responses in total and 97 local authorities responded—but that was not the totality of it. We have engaged with stakeholders, including local government, since December 2021; we have run a series of nine workshops to gain views and input from a range of stakeholders; and more than 30 meetings were held with internal and external stakeholders, as well as over 200 stakeholders from community groups, NGOs, academia and local authorities. This Government consult like no Government have before; sometimes, I wonder whether we consult too much, but in this case I think we have got this absolutely right and created a strategy that reflects what people want.

Horticultural Peat

Baroness Hayman of Ullock Excerpts

Tuesday 9th May 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Lord makes a very good point: in every policy area, there is an unintended consequence unless we fully consider it. In producing alternative media, there is sometimes a cost to the environment. If we are buying coir from abroad, what impact is that having on some very vulnerable parts of the world? There are many other growing media with which we have to ensure that, in our determination to protect our remaining peatlands, we are not exporting the problem and causing problems further afield. It is a very difficult issue, as the noble Lord rightly raises, and I assure him that we are all across this subject.

[Baroness Hayman of Ullock (Lab)]

My Lords, clearly it is critical that we stop peat extraction, but restoration must also be a priority. What are the Government’s plans to increase the restoration of our peatlands, and what resources are being provided, including through ELMs?

[Lord Benyon (Con)]

In our environmental improvement plan we have set clear targets for the restoration of peat, both in uplands and lowlands. With lowland peat this involves re-wetting and assisting those growers to farm in a different way on wetter peatlands using cover crops. In uplands we have a demanding target of restoring moorland peat in a way that reflects the fact that it locks up an enormous tonnage of carbon every year. I do not know of any other country that is doing more to protect its peatlands.

Ecology Bill [HL]

Baroness Hayman of Ullock Excerpts

3rd reading
Friday 21st April 2023 Lords Chamber

[Lord Redesdale (LD)]

My Lords, this is a simple Bill. It started off with far more clauses, but we removed most of them to allow just one simple provision: to reverse the catastrophic decline we are seeing in nature in the UK. The UK is one of the most naturally depleted countries in the world, which is quite surprising considering how little is being done to look at how we are going to reverse that.

I was very much hoping that, because we have made this such a simple measure, the Government could take this and add it to many of their policies going forward. In Committee, it was clear that the Government do not see this as something they are going to take forward. I hope they will change their mind when it is picked up in the Commons, and that there will be a damascene moment where it is given government time and moves forward. I am not sure that the Minister is going to give me some assurance on that basis.

I thank all those who have taken part in debates on the Bill. I particularly thank the people at Zero Hour, who have done so much work to raise the issue, and their supporters, in particular Mr Ron Bailey, a seasoned campaigner who has brought so many of these Bills before Parliament. On that basis, I beg to move that this Bill do now pass.

[Baroness Hayman of Ullock (Lab)]

I will say only a very few brief words. Clearly, reversing biodiversity decline is extremely important, and we have had useful debates around the Bill, which clearly has been on a bit of a journey. I wish it luck for its passage in the other place and I am sure that we will see it again at some point.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I pay huge tribute to the noble Lord, Lord Redesdale, for tabling this Private Member’s Bill and for the passion, knowledge and understanding of this issue that he brings to the House. As he says, this is a crucial issue, and I am glad that throughout the Bill’s passage we have had the opportunity to debate and discuss it. I know that noble Lords will agree with me when I say that tackling the twin challenges of biodiversity loss and climate change is of the utmost importance.

I will not repeat the discussion we had at Second Reading and in Committee, but I will emphasise the action that the Government have taken since the last time we discussed the Bill. In England, we have now set four legally binding targets for biodiversity. By 2030 we have committed to halt the decline in species abundance and by 2042 we aim to reverse species decline, to reduce the risk of species extinction, and to restore or create more than 500,000 hectares of wildlife-rich habitats.

We have set out our plan to deliver on these ambitious targets, along with other environmental targets, in the revised environmental improvement plan, published on 31 January. Here we link the different objectives, plans and mechanisms for recovering nature. The environmental improvement plan also includes short-term interim targets in addition to those long-term targets. This overall suite of targets will ensure that the policies, actions and commitments in the plan are collectively driving progress towards our ultimate goal of leaving the environment in a better place than we found it. Additionally, the plan matches the ambition agreed internationally in the new global deal for nature at the UN nature summit COP 15 in December.

I thank the noble Lord again for bringing the Bill to the House and for enabling this debate, but I hope that noble Lords are reassured that biodiversity is an absolute priority for the Government and that action is being taken and will continue to be taken.

Direct Payments to Farmers (Reductions) (England) Regulations 2023

Baroness Hayman of Ullock Excerpts

Tuesday 28th March 2023 Lords Chamber

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I inform the House that if this amendment is agreed to, I will be unable to call the amendment in the name of the noble Baroness, Lady Hayman of Ullock, by reason of pre-emption.

[Baroness Hayman of Ullock (Lab)]

My Lords, I first declare my interest, as set out in the register, as president of the Rare Breeds Survival Trust. The statutory instrument on direct payments that we are considering today is very short, and should be straightforward, but I have tabled an amendment, as we have some reservations about how the agricultural transition is being managed. This was done with no intention to confuse farmers.

Farm businesses have been facing increased volatility, uncertainty and instability and have been expressing concerns about the phase-out of direct payments against a backdrop of huge cost inflation. The noble Baroness, Lady Bakewell of Hardington Mandeville, talked about the huge extra costs being faced. According to the NFU, agricultural inputs have risen by almost 50% since 2019. It says that fertilisers are up by 169%, energy by 79% and animal feed by 57%.

During a time of fresh food shortages, it is worrying that the production of salad ingredients such as tomatoes and cucumbers is expected to fall to the lowest levels since records began back in 1985. Is Defra talking to supermarkets about the need to support British farmers? The NFU survey of livestock producers found that 40% of beef farmers and 36% of sheep farmers are planning to reduce, with input costs given overwhelmingly as the main reason.

Following the survey results, and with the SI reducing payments to farmers by between 35% and 55%, I was perturbed by paragraph 12 of the Explanatory Notes, headlined Impact, which states:

“There is no or no significant impact on business, charities or voluntary bodies”.


How can there not be an impact? I also draw attention to paragraph 7.6 of the Explanatory Memorandum, which indicates that the Government intend this to be last year of the current direct payment scheme in England. It is being replaced by the delinked payment. Will that process require a further SI, or will what is in front of us today be sufficient to make that transition?

I would also appreciate clarification of the claims in paragraph 7.2, which states that direct payments are untargeted, can inflate land rent prices and can stand in the way of new entrants to the farming industry. These are quite sweeping assertions. What is the evidence base for this and what impact has the reduction in basic payments so far had on land prices and new entrants?

As the Minister knows, we have always supported the introduction of new ELM schemes and we clearly want to see them succeed, but between 2018 and 2022, Defra struggled to provide farmers with sufficient information. This unsurprisingly led to concerns, particularly against the backdrop of changes to our trading relationship with Europe, the Covid-19 pandemic, the impact of the war in Ukraine and the cost-of-living crisis.

There has been a huge number of differing pressures and uncertainty. It is no surprise that farmers are concerned and worried about all the changes that are happening. But it was very welcome that in January this year, Defra finally published the details of the three ELM schemes and provided much needed clarity to the farming sector. As we have heard, this includes a sustainable farming incentive, an expanded countryside stewardship scheme and a further round of the landscape recovery pilots.

It is important for the different options to be attractive to farmers, enabling them to produce food while helping to protect and enhance our natural environment. We have heard that this year, Defra has increased countryside stewardship payment rates and removed the caps, so that farmers can access more capital to invest in farm infrastructure, improve air and water quality and restore habitats. This is very welcome, but we believe that Defra could go further in offering support. One way could be to increase access to the higher tier options, including for hill farmers. Currently, only about 300 to 500 farmers a year benefit from this, but it has the potential to provide a flexible, effective and more attractive offer to many more farmers. Is this something the department would perhaps consider? Defra has stated that it will manage the budget in a flexible and transparent way but has not made firm allocations to each scheme. When is that information likely to be available?

We know that the successful rollout of ELMS is critical to meeting our domestic and international commitments to tackle the nature and climate crisis we face. Following COP 15, we now have international commitments to pursue more nature-friendly farming. So, while we have concerns about the lack of long-term certainty about the future that farmers are struggling with, and we still need to know details of how all this will work in practice, we do not support the amendment in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville.

Analysis by the Green Alliance has demonstrated that a two-year delay to the phase-out of direct payments would halve the contribution of ELMS to the fifth carbon budget, leaving a substantial gap in the UK’s net zero plans. The analysis also found that retaining the previous EU scheme for an extra two years would mean that at least £1.2 billion—that is £770 million in 2023—would continue to be spent on the wealthiest farms in England: in other words, those already receiving more than £100,000 each in public subsidy in exchange for carrying out no public goods whatsoever.

Unfortunately, the Government have dithered for a number of years over the future of ELMS, which has been significantly delayed from the original start date of 2020. There was also uncertainty when Liz Truss even looked at axing it. So, January’s announcement was very helpful, but everything has been moving far too slowly, both for farmers and for our environment. Many farmers are also concerned about a gap in funding as they work out which schemes they are eligible to apply for.

My colleague in the other place, Daniel Zeichner MP, said:

“Unfortunately, it’s hard to imagine the money that’s been lost in direct payments will now be replaced through environmental schemes. Farmers are losing thousands and thousands. Labour is committed to making these schemes work and unfortunately it appears there is no such commitment from this government”.


I know that the Minister is personally very committed.

The extra £1,000 that has been mentioned is not exactly a huge sum for struggling farmers, but this SI is part of the next stage in the transition to the “public money for public goods” approach to agricultural support. We strongly support that transition, and we want it to work. We need to move to a more environmentally friendly and nature-positive food production system, but we remain concerned that the complexity of the schemes currently proposed may hamper take-up. The noble Baroness mentioned the slow uptake of the scheme so far. In terms of food supply and environmental gain, that is something we simply cannot afford. We support the Government’s aims, but they just need to get on now with delivering what both our farmers and the environment so badly need.

[The Earl of Caithness (Con)]

My Lords, this has been an interesting discussion so far. Both noble Baronesses talked about farmers in general, as if all farmers are struggling. That is not the case. A number of farmers in this country are doing very well at the moment because of the nature of the land. There are roughly 45 million acres of farmable land in the UK. Of that, 15 million acres constitute very good land, and its farmers are able to adapt and grow high-value crops at good yields. There are about 15 million acres of moderate land, and they are a serious problem; my noble friend and Defra are tackling it, and ELMS will undoubtedly help. There are 15 million acres of hill land, which again present a very difficult problem. The challenge facing my noble friend and Defra is sorting out the two less productive areas. The way they are going with ELMS is absolutely the right direction.

The noble Baroness, Lady Bakewell of Hardington Mandeville, who up until today has been a great supporter of the farmers, said that the high cost of fertiliser is causing farmers a lot of problems. She is right in one way, but quite wrong in another. It is entirely due to the high cost of fertiliser that more and more farmers are putting in leys and cover crops, and hill farmers are looking, probably for the first time, at soil quality—the most important thing for farmers and for us. So the situation is not all bad.

I share some of the concerns that have been raised. One reason that there has not been greater take-up—although, as my noble friend rightly said, the Countryside Stewardship scheme has just about doubled in the past three years—is that it is quite natural for farmers to think there is a better scheme coming in the next couple of months. That is causing a lot of farmers to sit back and wait to the last possible moment. I hope that my noble friend the Minister will make as clear as possible to farmers what the situation is. If farmers know what the schemes are and what the payments are going to be, they will make a decision. They have to be moved from the position where they think that a better scheme will come in a few weeks’ time.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I find myself in the entirely familiar position of agreeing with everything said by the noble Baroness, Lady Boycott, particularly her reflections on the stranglehold that supermarkets have over farmers’ lives in this country. However, I find myself in the unusual position of disagreeing with both the Liberal Democrats’ fatal amendment and the regret amendment from the Labour Benches. At base, that is because, if we were not to take the steps that this SI delivers, the shift away would see £770 million—as calculated by the RSPB—taken away from helping farmers to take action on climate change, reduce water pollution, plant trees and restore nature.

It is worth noting that, under the Environmental Improvement Plan, 90% of the funding for tree planting —to meet the target of 16.5% of England being covered by trees by 2050—depends on ELMS funding. Some 80% of progress on nitrogen, phosphorus and sediment pollution from agriculture depends on ELMS funding. Of course, that is not to say that there are not huge problems with where we are, as the right reverend Prelate, the noble Duke, the Duke of Wellington, and others pointed out. The Carbon Brief website has a useful interactive table that lists the 270 activities that farmers can undertake to earn payments, particularly from SFI and CS schemes; 39 of those 270 are still at the planning stage, yet the base payments are being cut away.

The Minister will be surprised to hear that I will pass a small bouquet in his direction: the Soil Association has just acknowledged that payments for organic farming are rising by an average of 25% via the Countryside Stewardship scheme, which is a recognition of the benefits of organic production. But, picking up the points about small farms, it is worth noting—perhaps the Minister can write to me about this—that in Wales they are looking to reduce the size of farms eligible for farm payments to three hectares, or, alternatively, to farming businesses that rely on 550 hours of labour per year. Will the Government look at helping those smaller producers, particularly in horticulture, and perhaps small-scale livestock producers, to do that?

But—I suspect the Minister knew there was a “but” coming—my reason for regretting the Labour regret amendment is, as the Minister identified, the fact that farmers and land managers in the UK now need certainty about the future for long-term plans. If you are going to plant trees or herbal leys, you need to know what is happening not just this year or next year but in the long term. Given where we are in the electoral cycle, the Labour regret amendment will deliver to farmers a degree of uncertainty about where they might be in two or three years, in terms of the schemes that the current Conservative Government introduced—

[Baroness Hayman of Ullock (Lab)]

I honestly do not think that my regret amendment does that at all. We are trying to point out that the transition has not been straightforward and is not working properly for either the environment or farmers, and that the Government need to urgently re-evaluate their approach to the ongoing transition in order to get this to work for everybody.

[Baroness Bennett of Manor Castle (GP)]

I thank the noble Baroness for the reassurance. I hope that farmers around the country will hear and feel that there is a degree of certainty, because that is what they need, as I said.

I will now get to the part where I criticise the Government. With these kinds of policies, we need a method of policy-making by consensus. In other countries, particularly those with proportional representation electoral systems, there is decision-making that is arrived at by consensus. It would have been better if this had been constructed in a more stable and secure way, in consultation with all parts of our political system, to deliver the certainty that farmers need. As has been said from all sides of your Lordships’ House, that is not the position that farmers are in today.

--- Later in debate ---

Tabled by

[Baroness Hayman of Ullock]

At end insert “but that this House regrets that the Direct Payments to Farmers (Reductions) (England) Regulations 2023 introduce significant reductions to the basic payments provided to many farmers at a time when input costs are high, supplies of certain produce are scarce, and His Majesty’s Government have not fully implemented the Environmental Land Management schemes which will replace the Basic Payment Scheme; notes that the latest release of the Farmer Opinion Tracker for England highlighted falling confidence among farmers in His Majesty’s Government’s agricultural policy; further notes that this is the last year that His Majesty’s Government intends to lay these regulations, with payments for 2024 and beyond to be delinked payments administered through alternative means; and calls on His Majesty’s Government to re-evaluate urgently their approach to the ongoing agricultural transition, in order to better support and increase the confidence of domestic producers”.

Amendment not moved.

Food Price Inflation

Baroness Hayman of Ullock Excerpts

Thursday 23rd March 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I am grateful to the Minister for reading out the response from Farming Minister Mark Spencer, even if it does not fully reflect the struggles being faced by households across the country. Earlier this afternoon, the Bank of England raised interest rates for an 11th consecutive time, which of course will increase mortgage, credit and other costs at a time when many people are already scaling back on their food shops.

We understand that the Secretary of State cannot always be available to take a UQ, but her absence this morning was concerning. She is the department’s representative at the Cabinet table, and I think many people across the country would expect her to take an active interest in issues around food costs and security. Can the Minister therefore outline her involvement in this issue? What meetings has she had recently with producers and retailers, or have those meetings also been delegated to others?

[Lord Benyon (Con)]

I can assure the noble Baroness that the Secretary of State is deeply involved in this issue. The Food Minister, Mark Spencer, took this Urgent Question, which is right, as he is the Minister responsible for food supply, food security and other related issues. The noble Baroness is absolutely right that this matter affects a number of different departments right across government, and the Prime Minister and the Chancellor of the Exchequer have also been deeply involved in this. I do not know precisely what meetings the Secretary of State has had on this issue, but I will be happy to write to the noble Baroness with details of discussions she has had. I can certainly say from my own experience that the Secretary of State is very involved in this issue.

Imported Beef

Baroness Hayman of Ullock Excerpts

Wednesday 22nd March 2023 Lords Chamber

[Lord Benyon (Con)]

I can assure the noble Baroness that we do not. The Climate Change Committee has gone through each department. I am responsible in Defra for making sure that we satisfy the Climate Change Committee’s demands, which are extremely challenging and testing. We have a commitment to get to net zero by 2050. British farming, under the leadership of the NFU, has committed to getting to net zero by 2040, and I can tell her that, as a farmer, that is an extremely challenging thing to do, but we as a Government and the leadership of farming are working together to help farmers try to achieve that. It is a vital priority that we decarbonise, and we understand that there is prosperity in doing so.

[Baroness Hayman of Ullock (Lab)]

My Lords, I declare an interest as president of the Rare Breeds Survival Trust. Earlier this month, it was reported that a British supermarket had removed from sale pre-sliced beef marked as British when in fact it came from overseas. Concerns have also been raised about imported meat being labelled as British because it was processed, rather than farmed, in this country, and packaging for New Zealand lamb is giving undue prominence to the union jack element of its country’s flag. What steps are Defra taking to review import procedures and food labelling requirements to ensure that consumers are not misled and that our brilliant domestic producers are not put at a disadvantage?

[Lord Benyon (Con)]

I agree entirely with the noble Baroness. This is a really important issue. When we as consumers go into a supermarket, to an extent, we park our environmental and social conscience with that brand because we trust it and want it to be doing the right thing. So if it says that a meat product is UK-produced and it has a union jack on it, we expect it to be so; we expect it to have been produced with high welfare standards and the highest environmental standards possible. If that is not the case, we as a department, as a Government and in this House should raise this seriously, both as consumers and as the Government. We meet retailers on a very regular basis and raise these issues often; I would be happy to give the noble Baroness more detail outside.