Agriculture Bill

Debate between Baroness Humphreys and Lord Thomas of Cwmgiedd

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Lord Thomas of Cwmgiedd (CB) [V]]

I welcome government Amendments 209 and 262, to Clauses 32 and 37, in particular. Agriculture is self-evidently one of the prime examples of where we must get right the legislation and other arrangements for the interrelationship of the powers of the devolved Governments of Wales, Scotland and Northern Ireland and the powers of the Westminster Government, first, in respect of England and, secondly, in respect of the United Kingdom as a whole—I think we frequently fail to make that distinction of the two distinct hats that the Westminster Government wear and it is important to bear them in mind. As a firm supporter of the union, I consider it vital for the strengthening of the union and the removal of the risks to it that we consider these issues most carefully. In this Bill, as agriculture is plainly one of the areas where serious tensions can arise, whether it be in relation to food standards or the extent of subsidies, it is vital that we do so.

It is of course a great pity that we come to this so late in our planning for Brexit, as this has been an obvious area for debate and for reaching decisions long before now. The noble Baroness, Lady Finlay of Llandaff, the noble and learned Lords, Lord Hope of Craighead and Lord Wallace of Tankerness, and the noble Lord, Lord Wigley, have already spoken powerfully on issues relating to the devolved Governments. The noble Lords, Lord Hain and Lord Thomas of Gresford, have compellingly explained the need for long-term and fair financial arrangements.

I wish briefly to make three points. The first is the importance of respecting devolved competence in legislation. I welcome the amendments put forward by the Minister, who understands the importance and sensitivity of devolution. It is reassuring to hear him make it clear that the Government remain wholly committed to seeking legislative consent for all the provisions that engage the scope of the convention in Scotland, Wales and Northern Ireland. I just wanted to be sure of the correctness of my understanding of why the devolved Governments requested the amendments and the reasons why Her Majesty’s Government have brought them forward.

Am I correct in understanding that the Bill as introduced did not properly recognise the important principle that legislation by the UK Government to apply in the devolved nations but within the devolved competence should be made only with the consent of the devolved Governments or their legislatures? It is regrettable that, at the time of the decision made on the EU withdrawal agreement, legislative consent was not obtained. That is water under the bridge, but it was made clear then that that was a truly exceptional occasion. In view of the confirmation given by the Minister in introducing the government amendments, I hope that he can confirm the Government’s commitment that they will not in future present legislation to the House that does not respect the principle of requiring the consent of devolved institutions for any UK legislation that could be made by legislation within the devolved Parliaments. It is important to the way in which devolution is to operate and the strength of the union that there be such a commitment.

My second point—and I can be brief about this—is about moving forward on the frameworks. It is clearly highly desirable that there be agreement between the different Governments on matters on which there can be a common approach and an agreement of where there can be differences or divergence of the kind of which the noble Lord, Lord Thomas of Gresford, spoke. As I understand it, that is the objective of these frameworks. I therefore welcome the statements made on a number of occasions by the Minister that good progress is being made. The matters to be covered will be extensive and it is important to bear in mind that this is not, as I understand it, a consultation exercise by the UK Government but an attempt to reach agreement. I therefore look forward to their publication and hope that the Minister can update us as to when this is to happen.

There is one other matter why publication is important and that is the dispute resolution mechanism that must be inserted into a framework agreement. It is inevitable that there will be disagreements—I hope that they will be small—but the difference between a framework and a consultation, ultimately, is that if there is a framework, there must be a means of resolving differences, whereas, in a consultation, the decision is ultimately made by the person who consults.

Thirdly and finally, there is the need for a coherent constitutional approach. I warmly support the principles behind Amendment 290, in the names of the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Thomas of Gresford, and Amendment 291, in the names of the noble Lords, Lord Wigley, Lord Bruce of Bennachie and Lord Thomas of Gresford. An alternative is now being canvassed, which is the provisional views put forward in the paper on the internal market. It will obviously be necessary to turn back to this in the long period between September and Christmas. However, it is important now to point out that the imposition of a policy ultimately determined to be in the interests of by far the biggest and most powerful of the four nations is not the way to ensure the preservation of the union. This constitutional issue will have to be a matter for debate and it will have to be debated in the context of agriculture, as it is so important in that area. I therefore look forward to the development of proposals over the summer, because this urgent matter cannot wait longer. If the union is to be strengthened and preserved, positive steps on this are far more likely to achieve that preservation than other action being taken.

[Baroness Humphreys (LD) [V]]

My Lords. I will comment briefly on government Amendments 209, 261, 262 and 268, which I welcome. These amendments cover the areas of outstanding concern to the Welsh Government. They acknowledge their devolved competence and were included at their request.

Amendment 209 deals with an issue that I raised at Second Reading: how the new body created to oversee the identification and traceability of animals would operate in an area of devolved responsibility, particularly if that body was seen to be an English board. That the new body would need to seek the approval of Welsh and other devolved Ministers or institutions is now certainly welcomed.

Amendments 261 and 262 ensure that the consent of the Ministers of the devolved Administrations must be obtained before making cross-border regulations in relation to organic products. I am pleased that the responsibility of the devolved Administrations has again been recognised.

Amendment 268 covers an issue that, again, I raised at Second Reading. By the removal of the powers of the Secretary of State to make regulations in the area of the WTO’s Agreement on Agriculture, this amendment ensures that the rights and responsibilities for implementing international agreements remain with the devolved Administrations.

I welcome all these amendments, as they conclude the process by which the Welsh Government have asserted their competence in these areas. However, I express some disappointment in the fact that there was a need for this process at all. Earlier in this debate, the noble Baroness, Lady Finlay of Llandaff, in her powerful and comprehensive speech on these amendments, described the Government as seeking, in effect,

“to strong-arm the devolved Governments into giving up elements of their executive competence”.—[Official Report, 21/7/20; cols. 2193-94.]

I agree with her sentiments and am pleased that that has been avoided by the Government tabling these amendments, and that the competence of the devolved Governments will now be reflected in the Bill.