Agriculture Bill

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, this suite of amendment deals with the critical issue of climate change. Agriculture has an important part to play in helping the UK meet its emissions targets. I have spoken previously in support of the introduction of an interim emissions target for 2030; 2050 is a long way off and I certainly will not be here to see that day, but with luck I just might be here in 2030. I would like to think that I could contribute in some small way to reducing the emissions the country produces. Having an interim target at 2030 gives a much more realistic goal for everyone to aim for. As the noble Baroness, Lady Young of Old Scone, said, it provides backbone.

Industry, agriculture, local authorities and individual households all have their part to play. For all these sectors, 2050 is just a date in the future and means little, but 2030 would be a much more meaningful goal—especially if agriculture has its own carbon target. Children born this year will be 10. Those now aged five will be 15 and very definitely waking up to the type of world they inhabit. We have a duty and responsibility to ensure that we have made strides towards reducing emissions and tackling climate change. I can hear their voices now, shouting as only enraged teenagers can, “What did you do about it, when you knew the disastrous impact of not tackling climate change?”. I wonder whether they will care about the Paris Agreement.

Zero carbon is really important and flying abroad for our holidays—as some of us may be considering at the moment—will not help achieve this. The noble Baroness, Lady Worthington, spoke knowledgably about realigning agriculture to reduce the impact on emissions and climate change. The system is already there to make payments for public goods, store carbon and reduce emissions.

My noble friend Lord Tyler raised the Met Office report on the impact of our activities on the Arctic, which is really shocking. This is not something to be left to some other piece of legislation. He also raised the inextricable links with the Environment Bill. It is not acceptable to leave this issue solely to the Environment Bill; there must be synergies between these two Bills. Beginning with a substantial commitment in the Agriculture Bill will be the start that everyone is looking for. The noble Earl, Lord Caithness, tells us that 75% of greenhouse gases come from agriculture, and the NFU offers encouragement to farmers to reduce their emissions.

It is a pity that I am speaking before the noble Baroness, Lady Jones of Whitchurch, so have not heard her arguments in favour of her Amendment 272. Having heard her speak on this subject before, I have no hesitation in supporting what she will say, especially on consulting and working with the devolved Administrations.

The noble Lord, Lord Adonis, asks for clarification on policy as this is a framework Bill and gives no information. I agree with him completely that this is what has produced all these probing amendments. I agree with the comments of the noble Baroness, Lady Jones of Moulsecoomb, the noble Lord, Lord Randall of Uxbridge, the noble Earls, Lord Devon and Lord Caithness, and my noble friend Lord Tyler, who spoke about the effect of draining peat bogs and cutting down trees. I look forward to the Minister telling us when a future farming strategy will be produced, as promoted by the noble Lord, Lord Foulkes. I hope I will be able to agree with the Minister’s response when she makes it.

[Baroness Jones of Whitchurch (Lab)]

My Lords, as noble Lords have commented, we have Amendment 272 in this group. It sets out a requirement to publish within 12 months a strategy setting out how agriculture and land use will play their part in delivering our 2050 net-zero obligations under the Climate Change Act, with regulations to set an interim emissions target by 2030. Like the noble Baroness, Lady Bakewell, I hope to be around for at least that date, if not longer. Several noble Lords have welcomed that it also requires consultation with the devolved nations and other interested groups on how we will deliver those targets.

I believe that our amendment and Amendment 274 aim to do the same thing. I thank all noble Lords who have supported those amendments and Amendment 73. Forgive me if I do not name-check everybody who has spoken, but I think we have more or less reached a common cause.

We obviously welcome the reference in Clause 1(1)(d) that funding will be available to manage

“land, water or livestock in a way that mitigates or adapts to climate change”,

but here the details end. We believe that confronting the threat of climate change should be at the heart of the Bill. This is why we have tabled a new clause to help deliver a strategy for agriculture that would set us on our way to meet those targets.

I say to the noble Lord, Lord Marlesford, that the Government are already a signatory to the Paris treaty. Indeed, the recent Heathrow judgment shows that they already have a legal obligation to have regard to that treaty, so we need a plan to deliver what is effectively a legal obligation, declaratory or not. That is why our Amendment 272 specifically links back around to the Paris treaty and our obligations under it.

Meanwhile, the Committee on Climate Change’s latest report, published last month, shows once again that we are nowhere near being on target to meet the Government’s net-zero target of 2050, and agriculture has a long way to go to deliver its share of the greenhouse gas reductions. Its report says that

“the current voluntary approach has failed to cut agricultural emissions, there has been no coherent policy to improve the resilience of the agriculture sector, and tree planting … has failed outside of Scotland … Progress remains significantly off track in adaptation to build climate resilience.”

In a separate letter from the committee to the Minister, Victoria Prentis, on the potential of the environmental land management schemes, it also raises a critical issue that has been a running theme in our recent debates: the lack of a joined-up government approach within Defra to the climate change crisis. Its letter says:

“Defra has yet to set out how ELM, the Environment Bill, the 25 Year Environment Plan and various policies … for trees, peatlands and nature will fit together. In turn it is unclear how the different strategies together will support the Government’s climate change mitigation and adaptation goals.”

This is extremely well said, and this has been our experience whenever climate change targets are raised. We are always told that this work is happening in another department or another policy brief within the department, but it is clearly not happening with any serious impact. As the recent Natural Capital Committee report commented, the 25-year environment plan, which should be monitoring progress, remains a long list of ambitions with “little evidence of improvements”.

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I have put my name to Amendment 87. The noble Lord, Lord Trees, the noble Baroness, Lady Mallalieu, and the noble Lord, Lord Curry of Kirkharle, have made a compelling case for financial assistance for the slaughtering of animals closer to the farm, which also reduces food miles. On many occasions I have heard the Minister say that animal welfare is extremely important. Over the years, we have seen the closure of many small local and rural abattoirs, which has led to larger abattoirs further away from where stock is reared, as the noble Lord, Lord Trees, said.

The regulations on abattoirs are stricter than they used to be. The installation of CCTV ensures that animals are not distressed at the point of slaughter, vets are present, and paperwork is kept for future inspection. However, this does not assist with the passage of the animal from the farm to the abattoir. The shorter and less stressful this journey, the better for the animal—and for the quality of the meat, as the noble Lord, Lord Cameron, pointed out. I do not subscribe to the view that this does not matter as the animal is about to die, so why worry about its journey to the end? Animals deserve to be treated with compassion at all times. A network of smaller abattoirs serving local communities is essential for the farming community, especially small farming families. It will help them to process their animals on to the food industry or, in some cases, back to the farm for sale in the farm shop, thereby supporting the local economy.

The noble Baroness, Lady McIntosh, and the noble Lord, Lord Berkeley, made a powerful case for abattoirs on both the islands of Scotland and the Scilly Isles. There will be a cost involved in increasing the number of abattoirs, but they are essential to preventing distressing long journeys for animals. Consumers are keen to support locally grown and fed produce, and wish to buy the meat from a reputable source where they know the animals have been well cared for and fed. Slaughtering has to be included in the list for financial assistance. Concentrating all slaughter in larger, remote venues is not a satisfactory answer to the issues of animal welfare and convenience for the local farmer, whose time is limited. I look forward to the Minister’s response to the arguments raised in this debate.

[Baroness Jones of Whitchurch]

My Lords, I was pleased to add my name to this amendment, and I will speak briefly in support of it.

Many local farmers have trusted and long-standing relationships with their local abattoir, and it is therefore very distressing when they have to close. As we have heard, it means longer and more stressful journeys for the animals concerned and clearly has a negative impact on their welfare. It also means that the Government are failing in their stated objective to reduce travel times for slaughter.

For farmers wanting to sell their meat as a specified farm product, through so-called private kill arrangements, it also means a more complicated process for retrieving the carcass and ensuring that it is properly labelled. Yet we are all in favour of local food production with specified provenance, which is really appreciated by consumers and can help to add value and boost the rural economy.

Of course, it is important that local abattoirs meet our high slaughterhouse standards and are properly supervised and certified, and this amendment would do nothing to undermine that important principle. I therefore hope that the Minister will feel able to support this small but significant amendment. It is not the total answer to the fate of our small abattoirs, but it would represent a small step forward.

Agriculture Bill

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Committee is resuming last Thursday’s debate after a lapse of four days, so it is difficult to remember exactly what noble Lords said without referring to Hansard. We are still on Clause 1 of the Bill, but are debating the main and important theme of environmental sustainability. If we do not get this right, the country will be paying the price, in a variety of ways, for decades to come. There are amendments about agroecology, agroforestry systems, organic and ecologically sustainable systems, pesticides, fertilisers and nature-friendly farming. This is a wide range of topics, but they are ones which Peers in this virtual and physical Chamber quite rightly feel strongly about.

I thank the noble Baroness, Lady Ritchie of Downpatrick, and the noble Lord, Lord Randall of Uxbridge, for adding their names to my Amendments 38 and 120. The noble Baronesses, Lady Finlay of Llandaff and Lady Bennett of Manor Castle, have also put down amendments about pest control. The new approach of public money for public goods is a huge opportunity to support farmers who adopt and maintain non-chemical alternatives to pesticides. It is crucial that this approach is not undermined by a catch-all clause providing payments for productivity. Defra’s Secretary of State believes that the development and uptake of integrated pest management—IPM—is a crucial mechanism for ensuring that the objectives outlined in the Agriculture Bill and the 25-year environment plan are delivered.

Amendments 38, 120 and 259 ensure that farmers are rewarded for adopting proper IPM techniques, based on the agroecology approach to farming, coupled with a review of the national food strategy.

At Second Reading, I referred to the importance of properly regulated pesticides. Over the years, we have seen the removal from the market of various herbicides and pesticides because of their side-effects on humans. However, it often takes a very long campaign before action is taken. The banning of organophosphate sheep dips springs to mind. Many years ago, a colleague said to me that we should pay more attention to the effects of pesticides on humans than herbicides, as human physiology is much closer to that of insects than of plants. My noble friend Lord Burnett has spoken of the dangers of pesticides, and of using common rules and standards. Agroecology must be the standard. He also warned about the import from America of foods sprayed with pesticides.

The noble Baroness, Lady Finlay of Llandaff, supported by the noble Lord, Lord Patel, listed an enormous number of side-effects that exposure to pesticides can cause. It is safer for all if we approach pesticides with caution, rather than rushing headlong into their use in order to increase the productivity of a crop. I am grateful for the intervention of the noble Lord, Lord Wigley. I support the precautionary principle and acknowledge the impact of pesticides on disabilities.

Productivity is, of course, important. Farmers need to make a decent living from the land, but not at the expense of those who suffer health problems as a result of pesticide spraying. However, the might of the chemical producers often overrides the concerns of the ordinary man and woman displaying health problems. When will the Government produce a target for the uptake of the IPM, which is supported by the Secretary of State?

I fully support all the amendments in this group. The noble Lord, Lord Lucas, my noble friend Lord Teverson and the noble Baronesses, Lady Young of Old Scone and Lady Ritchie of Downpatrick, have stressed the importance of agroecology. So often, the way the land is farmed leads to degeneration of the quality of the soil, and thus the quality of the crops grown. The noble Lord, Lord Cameron, spoke knowledgeably of the importance of the upkeep of grassland and the species that inhabit it, and the noble Lord, Lord Inglewood, also supported agroecology and running with nature’s grain. The noble Earls, Lord Caithness and Lord Dundee, the noble Duke, the Duke of Wellington, the noble Baroness, Lady Bennett, and others have pressed the case for the inclusion of afforestation and organic farming. The noble Duke gave stark statistics on how far behind the UK is lagging on its organic farming programme. I know the Minister, as a farmer, has a close interest in these matters and I look forward to hearing a positive response.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I declare an interest through my involvement with the Rothamsted agricultural research institute. We have covered a wide range of issues in this group and I thank all noble Lords who contributed to the debate last week and again today. The amendments explore in more detail what we will need to deliver environmentally sustainable agriculture. We have had reference to nature-friendly farming, to agroecological systems, to agroforestry, to organically and ecologically sustainable systems, to the improved nutrient content of crops, to integrated pest management and to the importance of soil health. I agree with all those concepts, but also with my noble friend Lady Quin that we need to be clear about the definitions of these phrases when we use them.

All these systems have detailed research behind them, which reinforces the evidence that harnessing nature can improve farm outcomes, as well as enhancing the environment. Many noble Lords will have seen at first hand the positive impact on farmland productivity that can occur when these techniques are embraced. At the same time, we know that nature-based measures to reduce emissions can make a substantial contribution to tackling climate change while preserving or restoring habitats. We agree that natural ecological processes and agroforestry techniques should lie at the heart of the Bill. When adopted on a whole-farm approach, they will reduce the use of agrochemicals, encourage biodiversity, improve soil health, recycle nutrients, energy and waste and generally create more diverse, resilient and productive agroecosystems.

Last year, the RSA Food, Farming and Countryside Commission report set out the case for bringing agroecology systems out of the shadows and into the mainstream of farming practice. It argued that farmers need to be helped to make that transition and recommended a 10-year programme to provide more research, training and capital grants to make this a reality. This would be an excellent use of the financial assistance in the Bill.

I agree with the noble Lord, Lord Lucas, who talked about the need for a long-term programme of soil monitoring. We face a fundamental eradication of soil fertility that will be difficult to reverse. Our APPG on science in agriculture had an excellent evidence session last year on the numerous research projects taking place on this issue, but what we really need is to bring the evidence together in one place. While I am on the subject, will the Minister update us on the work of the Sustainable Soils Alliance, launched by Michael Gove, that was meant to do just that?

The noble Duke, the Duke of Wellington, specifically mentioned the transition to organic farming. I agree that this also has an important role to play. Organic farms have 50% more wildlife than conventionally farmed land and healthier soils, with a 44% higher capacity to store long-term soil carbon. Clearly, if the soil is more fertile, it increases productivity, so organic farming can make a real difference to biodiversity while sustaining food production.

The noble Lord, Lord Teverson, and others talked about agroforestry. We agree that this system of planting has huge benefits over traditional forestry techniques. We know that the pressure is on to plant more trees. The Committee on Climate Change has set a target of between 30,000 and 50,000 hectares of new planting a year, but so far the Government have fallen well short of that target. It is important that trees are planted in a way that is sympathetic to the countryside and to the environment, rather than the monoculture plantations we have seen in the past. Agroforestry supplies the answer to this. Mixed plantings of trees and shrubs grown around crops can reduce erosion, increase biodiversity and create complex habitats, so we very much hope that financial assistance will be available to help farmers to create this mixed planting economy.

Finally, the amendments in the name of noble Baronesses, Lady Bennett and Lady Finlay, highlight the need to reduce the use of herbicides and pesticides. The noble Baroness, Lady Finlay, in particular, highlighted the potentially damaging impacts of pesticides on health, and recommended looking at the evidence and producing an annual report. These views were echoed powerfully by the noble Lord, Lord Wigley, and the very moving examples he gave. The noble Baroness, Lady Finlay, also rightly raised the need to avoid contaminated products being imported into this country. We agree with these objectives and have our own amendments, Amendment 226 on pesticides and Amendment 173 calling for a national food plan that addresses the problem of pesticide residues. I hope that the debates on these amendments will enable us to set out our position in more detail.

This has been a good discussion and I hope the Minister has heard the collective call for a funding priority for nature-based ecological farming. I am sure we will start to narrow down our priorities in this regard as we continue to consider the Bill, but in the meantime I look forward to her response.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank my noble friend Lord Lucas for his Amendments 29 and 217, with which I will also discuss Amendment 224 in the name of my noble friend Lord Caithness. Soil is indeed one of our greatest natural assets and the Government are committed to having sustainably managed soils by 2030, as set out in the 25-year environment plan. Providing financial incentives for protecting and improving the quality of soil will help to protect and improve all the properties that contribute to healthy soil. The 25-year environment plan sets out the Government’s ambition to have sustainably managed soils by 2030. A healthy soils indicator is being developed as part of a framework of indicators under the plan.

My noble friend Lord Caithness asked about spending commitments in the plan. This spend has been allocated to developing a robust and informative soil health indicator and monitoring scheme, and the Government are currently in the process of confirming actions for their work programme to protect and improve soil quality. The Government will develop a definition of soil health with stakeholders. To ensure that it captures the complete picture of soil health, this definition will be a balance of biological, chemical and physical characteristics, and could therefore include characteristics that help define the biodiverse nature of the soil, such as earthworms and fungi, as mentioned by my noble friend Lord Lucas.

To help achieve this target, the Government are considering the development of a soil monitoring scheme informed by natural capital approaches. As such, this scheme will recognise the relationships between soil properties and the ecosystem services that soil provides, such as clean water and carbon storage. A new soil monitoring scheme would provide a baseline national-scale picture of the state of our soils. This will enable the Government to quantify targets for improvements and then monitor progress towards these targets. These metrics could directly feed into ELM to incentivise better management approaches. Maintaining the metrics of measure across national and localised schemes will enable shared data collection, storage and analysis to further inform impacts of management actions.

There are a number of key vehicles through which the Government are working to address soil quality. These include: this Bill, which will provide financial assistance for the protection and improvement of soils; the Environment Bill, which will allow a future soils target to be set; the 25-year environment plan, through which a soil indicator is being developed; and the new ELM scheme, which could act as a lever for incentivising sustainable soil practices. Protecting and improving our soils will involve a wide variety of actions, reflecting the wide diversity in soil quality, soil types and land uses in England. This would include actions to protect our best grade 1 and 2 lands as well as actions to improve the poorer-quality grade land—in the words of the father of the noble Lord, Lord Inglewood, farming within the grain of nature, cropping not quarrying.

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Many noble Lords who have taken part in this group of amendments have made the case extremely eloquently. I hope that the Government are listening and look forward to the Minister’s response.

[Baroness Jones of Whitchurch]

My Lords, I thank the noble Baroness, Lady McIntosh, and all noble Lords who have spoken in this debate. I hope that your Lordships will forgive me if I do not namecheck everyone who has spoken. I think that, with the exception of a few notable contributions, we were all in agreement that food production linked to human health should be at the centre of the Bill. I have previously cautioned against adding a whole lot of new features to Clause 1, but I make an exception for this issue. This is a fundamental lack in the Bill as it stands, and I will explain why in a moment.

We have tabled Amendments 36 and 92 in this group, and I thank noble Lords who have put their names to them and who have commented favourably on them. Amendment 36 adds an extra purpose to Clause 1. It would make it clear that producing healthy food, including through horticulture, in an environmentally sustainable way should be a key purpose for which financial assistance can be given. Amendment 92 goes on to give a clear definition of “environmentally sustainable way”, in particular emphasising the need to measure the long-term impact on natural resources.

We believe that this approach should be a fundamental objective of our future farming policy, so I want to talk about that overriding principle rather than the individual amendments. As I said, our amendments echo the theme of a number of other amendments this evening that highlight the production of healthy food as a necessity to tackle food insecurity, food poverty and poor nutrition. We believe that the farming community lies at the heart of that.

The Government’s White Paper, Health and Harmony: The Future for Food, Farming and the Environment in a Green Brexit, highlighted the key links between our farming and food supply systems. However, incentives to produce healthy food seem to be missing from this Bill. The Minister the noble Lord, Lord Gardiner, made clear at Second Reading that financial assistance should not be given for producing food, as this was a commercial decision. He said:

“in our view food is a private good; it is bought and sold. This is the key distinction of the philosophy of the legislation, because its value is rewarded in the market. These new financial assistance powers are intended to reward farmers and land managers for those outcomes that the market does not currently recognise.”—[Official Report, 10/6/20; col. 1830.]


This is a profound philosophical distinction and we profoundly disagree. The danger with this philosophy is that maintaining UK food production is no longer a priority: we increasingly rely on imports and have to fight for enough quality food to feed our nation in the global markets. This is a seriously risky strategy, particularly as we leave the EU and no longer have the right of access to a large, stable food supply market. As we have discovered in the Covid-19 pandemic, these international food supply chains can be precarious, so we argue that feeding our nation is a public good.

However, we cannot simply rely on the food production systems of old. The public health consequences are too stark. As noble Lords pointed out, our nation’s dietary habits are fuelling obesity, type 2 diabetes, heart disease and some cancers. It is characterised by a low intake of fibre, fruit and vegetables, while we overconsume energy, saturated fats and sugars.

Last year, the Social Market Foundation calculated that more than 1 million people in the UK live in food deserts. These are neighbourhoods where poverty, poor transport and the lack of shops seriously limit access to affordable fresh fruit and vegetables. On the one hand, therefore, we have growing obesity, and on the other hand we have growing food poverty. The recent pandemic illustrated all too shockingly that millions of people relied on food banks and food parcels. The school meal voucher chaos illustrated that tens of thousands of children who relied on schools to provide the one substantial meal of the day were left to skip meals when that provision was taken away.

These are huge public health issues for the Government, but they are also matters where a change in farming practice could fuel better eating habits and lead to a healthier nation. We will not achieve this by intensifying conventional farming methods, which would strip out the natural nutrients in the soil and weaken natural defences to pests and diseases, leading to more artificial crop protection interventions. This is why—and this has been a theme throughout our debate—a whole-farm ecological development has to go hand in hand with generating healthy food. We address the issues of food security and the need for a national food plan in later amendments. In the meantime, I commend these amendments to the House.

I say to the Minister, however, that of all the issues we have debated so far, this is the one where I think the Government have got it badly wrong. I hope that he will reflect on this and come back with a more positive response on report. I look forward to the Minister’s response.

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

My Lords, this has been an absorbing debate once again. I thank my noble friend for her Amendment 35. I shall address Amendments 75, 56, 60, 69, 71, 36 and 92, all of which relate to food production. I declare my farming interests as set out in the register.

This debate has thrown up quite a number of questions, and those that I am not in a position to answer—very often because they require some detail—I shall, of course, answer in writing in a letter that I am proposing to compose when we conclude Committee stage. Because a lot of things are coming up that are repeated quite often, it would be best if we try to co-ordinate with a sensible government response. I hope that is acceptable to your Lordships.

Growing healthy, nutritious food is, of course, the primary role of farmers. It is something that farmers in the United Kingdom do exceptionally well. Through the purposes in Clause 1, the Government want to support goods that benefit society but are not currently provided for by the market. The noble Baroness, Lady Jones of Whitchurch, is absolutely right: I said it at Second Reading and I say it again. The point about food, in contrast, is that it can be bought and traded: it is rewarded in the market and, indeed, those of us who farm receive income from our production. That is why, in the construction of the Bill, new Clause 1(4)—I say “new Clause”, because I think this is a very important addition and one I strongly support—places a duty on the Secretary of State, when framing any financial assistance scheme, to consider the importance of food production and its production in an environmentally sustainable way. This was a point raised by the noble Earl, Lord Devon, and my noble friend Lord Northbrook.

I absolutely agree with the analysis of my noble friends Lord Inglewood and Lord Cormack of what this country and much of the world has gone through in previous times, and why food production is so important. It is important for this country, but also for giving us opportunities to help feed the world through our exports. That is essential too, and it is why I say to my noble friend Lord Marlesford that food production and environmental sustainability not only can but must —I underline “must”—go hand in hand. We should be champions of great British food and drink and I place on record that farmers have, all too often, been maligned. I am reminded of what the noble Lord, Lord Carrington, said on an earlier Committee day about all the things that farmers do on our behalf.

The duty requires the Secretary of State to have “regard to the need” to encourage sustainable production, rather than simply “to encourage” sustainable production, when designing financial assistance schemes. This is because all schemes must be looked at in the round; each scheme will have different aims and will operate in different ways. While the Government’s future farming schemes as a whole will be designed to encourage sustainable food production, it is not necessarily the case that every scheme is directly aiming to do so. I have one example—the tree health pilot which will start next year—but the noble and learned Baroness, Lady Butler-Sloss, spoke of another aspect of a scheme which clearly does not directly relate to food production.

The duty, as drafted, gives Ministers the flexibility to design individual schemes in a way which best meets their objectives, while ensuring that there is a clear obligation to encourage sustainable food production overall. The noble Lord, Lord Judd, among many others, spoke of health and well-being. I was very struck by his words. Indeed, the important report that the noble Baroness, Lady Ritchie of Downpatrick, and the right reverend Prelate the Bishop of St Albans raised, Hungry for Change, is very important, because this will involve multiple departments. I am therefore very pleased to say that I will make sure that Defra will play a key part in that multi-departmental response.

The Government believe that the best place to encourage healthy eating is later on in the supply chain, a point that my noble friends Lord Caithness and Lord Blencathra were referring to: after all, fruit and vegetables can still be used in products that are unhealthy if not taken in moderation. I know that it may be unsatisfactory to noble Lords who see this as an opportunity to attach to the Bill something that we think is best placed in other work, but it is the intention that the national food strategy should address these major challenges, including food security and health. The strategy will build on the Bill to help ensure that our food system delivers healthy and affordable food for all, built on a resilient and sustainable agriculture sector.

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[Lord Gardiner of Kimble]

Obviously I take the point made by the noble Lord, Lord Curry. The construction of the Bill, as I said, ensures that we are rewarding farmers for those matters that we have hitherto not rewarded them for. We will get to that in Chapter 2, which deals with

“Fair dealing obligations of business purchasers of agricultural products”.


We want to address that, which is why it is in the Bill. Clearly, the farmer has not always had a fair deal with agricultural producers and others in the supply chain—and of course in Chapter 3 we will look at producer organisations.

As I said, the construct of the Bill is designed to provide new financial assistance powers within the prism of productivity grants. As subsection (1) states:

“In framing any financial assistance schemes, the Secretary of State must have regard to the need to encourage the production of food”,


and this production must be undertaken

“in an environmentally sustainable way.”

We all want a healthy diet. We all want food security. That is why the Government have been working with industry and will continue to work with industry, as we always have. Industry is often the best at finding sources all around the world so that we have resilience in our food supply.

[Baroness Jones of Whitchurch]

Like the noble Lord, Lord Curry, I wanted to probe very quickly on what basis the production of healthy food would ever be classified as a public good. The Minister has reiterated his view that it is a private good. But does he not accept that in some circumstances it would be a public good and therefore entitled to some of the funding that is set out in the Bill?

The problem with referring noble Lords to the later clauses that deal with food security and the national food strategy is that that area does not necessarily have any money attached to it, whereas the financial assistance and the public good element is the one that we are really interested in, so the onus is on that. Are there any circumstances in which the Minister would see it as a public good?

[Lord Gardiner of Kimble]

I apologise to the noble Baroness, but the only way that I can reply to that is to repeat that the whole construct of this is to ensure that farming with food production and enhancing the environment go hand in hand. There is obviously a limited sum of money. The noble Baroness and other noble Lords have said that we must be careful that we do not make this Bill a Christmas tree affair by adding everything on—so we need to be pragmatic.

The area where we have not hitherto rewarded farmers is in relation to the purposes set out in Clause 1(1)(a) to (j). They are considerable projects that will, in the end, help us to produce even better food. If one were to start rewarding food production, it would drive a coach and horses through the construct of the Bill, which is that produce is created by the farmer, for which they receive money. They do not often receive money for the projects in paragraphs (a) to (j). We think, looking at the British taxpayer, that this is the best way of reflecting that we need food production for which the farmer receives payment, and in Chapter 2 we recognise that we need to address fairer arrangements for the farmer. But this is better than, in effect, having a direct payment for the food you produce when you are already being paid whatever you sell your wheat or your milk for. We can have a discussion about that price, but in terms of the taxpayer rewarding and acknowledging farmers, we think that subsections (1)(a) to (j) and (2)(a) and (b) are the right way forward.

Agriculture Bill

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the first of these amendments is Amendment 26, to which the noble Earls, Lord Caithness and Lord Shrewsbury, and the noble Baroness, Lady Hodgson of Abinger, have spoken. They have put their names forward and spoken very eloquently. It seems to me that protecting or improving the health and welfare of livestock should not be an optional extra; we should be protecting and improving both health and welfare. I hope I am not jumping the gun when I say that I expect the Minister to say that there are occasions when it is not possible to do both. I fear I will need an extremely good example to be persuaded. It seems nonsense that the two should not go hand in glove together; one surely cannot be mutually exclusive of the other. I have listened with interest to the noble Lord, Lord Trees, but I remain unconvinced—though I am not an expert.

I fully endorse the noble Earl, Lord Dundee, in his Amendment 44 and his wish to encourage livestock to be reared out of doors; it is undoubtedly more healthy. However, the weather in England can be very inclement in the winter, and I would not wish to see cattle standing knee-deep in liquid mud in a field which in summer months would be lush, green grass. I think there is a balance to be struck to accommodate winter storms. While I support this amendment, I wonder if there is an element of what we, as a population, would like to see. It is very pleasing and restful on the eye to see animals grazing in the open fields and not being reared in large barns. We need to be sure that this is truly about animal welfare and not just aesthetics.

Animal welfare has to be improved and the practices listed by the noble Baroness, Lady Jones of Moulsecoomb, are not necessary and should be stopped. Like her, I believe that the way in which we rear and treat animals shows what kind of a nation we are. I support the list of restrictions under Amendments 68 and Amendments125 and 225.

While the contribution from the noble Lord, Lord Lucas, was interesting, it could fall into the category of too much information.

Lastly, I turn to Amendment 77, in the names of the noble Baronesses, Lady Bennett of Manor Castle and Lady Boycott; I support this amendment. There has been much written and said about the effect of greenhouse gas emissions by cattle, and the country’s reliance on beef as part of its staple diet. There is no doubt that if we all ate less meat and more fruit and vegetables, we would be healthier. It is not that eating red meat is unhealthy; it is more about the quantities we eat.

I support financial assistance being given to farmers who are attempting to transition from livestock to plant-based production, as there is obviously a rise in the number of people turning to vegetarianism or veganism. However, it would be extremely dishonest of me to say that I would follow this route. Like others, I try to follow a balanced diet and eat different proteins each day of the week, but I readily admit that, for me, there is nothing quite like the taste of a roast joint or grilled chops, and I am a great fan of shepherd’s pie. Though I do have a vegan cookbook, it seems to me that an awful lot of vegan ingredients are needed in order to replicate the taste of meat and cheese. I have the greatest respect for the work done by the noble Baronesses, Lady Boycott and Lady Bennett, both in and outside the House, and I wish them success with their amendment. But I fear that they will think I have let the side down by being a true supporter of British farm-reared meat.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to all noble Lords who have spoken in this group, who have all in their different ways raised important questions about how we can enhance animal welfare standards in the UK. The UK has a good record of animal welfare policies, but there is always more that we can do to improve the policies still further. It is equally important that, when we leave the EU, our existing protections are not undermined or traded away.

It is vital that we do not allow our high standards to be undermined by the imports of products with lower environmental and animal welfare standards. This is an issue that I know a great many noble Lords care deeply about, and it is also a concern shared by the British public. This of course is why the Conservatives made a manifesto commitment not to compromise these standards, and why we have tabled Amendment 271, which would enshrine our high standards in law. I hope that when we reach that debate, at a later stage, noble Lords will support our position.

EU: Xylella Fastidiosa

Baroness Jones of Whitchurch Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this is why I am very pleased that the UK Plant Health Alliance steering group is working on a plant health assurance scheme. Working with the industry, the scheme will ensure that there is a secure supply where we cannot supply it ourselves, and that those plant materials are secure. Further, members of the public who want to enjoy their gardens will know that the plants they are buying are healthy. This is a work in progress, but a lot is going on.

[Baroness Jones of Whitchurch (Lab)]

My Lords, it has been four years since the referendum, but the Environment Bill is still not on the statute book. Given the delays, can the Minister assure us that the office for environmental protection will be fully functioning and able to take over the role of the European Commission on 1 January 2021?

[Lord Gardiner of Kimble]

My Lords, I realise that there is great interest in this House in the Environment Bill, and I am keen that progress is made in the other place. We are in a situation where there is a great deal of legislation before us. The OEP is an important body, but we have always said that we will ensure that there are alternative arrangements if, given the position we are in, the OEP is not up and running by 1 January.

Agriculture Bill

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, we have engaged in a long and wide-ranging debate on part of the first clause of this Bill, as tends to be your Lordships’ practice in Committee. The first clause of any Bill sets the tone for the rest of the Bill, and in this case, since agriculture is moving from direct payments under the EU CAP and into UK law, it is quite right that the powers surrounding financial assistance should be at the front of the Bill.

As we have seen from the debate on this group of 36 amendments, there are a range of views about what measures should or should not be included in the list of purposes for which the Secretary of State can give financial assistance. Some 40 Peers have spoken this afternoon, only 20 fewer than took part at Second Reading. The way that Second Reading was organised shut out a list of important Peers from contributing to this debate, and that could have been avoided by spreading the debate over two days. Like other Peers, I believe that the Government have a lot of lessons to learn from that.

The noble Earl, Lord Dundee, and the noble Baroness, Lady Bennett of Manor Castle, feel that the Secretary of State “must” give assistance to all items in the list, and that this should not be left to his or her discretion but enshrined in the Bill. I support that view but there is a question mark over the number of additions that would be made to the list. There is huge uncertainty in the farming community about what is going to happen and how those who manage the land, grow crops, tend animals and produce food are going to make a living. The Bill presents an opportunity to move forward and away from what many saw as the straitjacket of the CAP funding, but this needs to be done in a way that will provide reassurance for all concerned, especially farmers. While I would normally support flexibility as likely to provide the best solution, in this case I feel that “must” is the only way to produce that reassurance.

My noble friend Lord Teverson spoke about the need for the nature recovery strategies to work together with ELMS. I support this view but note the objection to it from the noble Earl, Lord Caithness.

Water management is key to land management. The noble Earl, Lord Devon, would like water removed from the list in Clause 1(1) while the noble Baroness, Lady McIntosh of Pickering, would like to know how flood mitigation will be provided for, how new reservoirs will be funded and whether that will be under the Reservoirs Act 1975. How we make provision for the management of our water resources is key to the success of land management and food production. The noble Lord, Lord Inglewood, made links with the Environment Bill and I support that view; it is key that the two Bills are worked together.

Opposition to Amendment 27, which would take out “native”, has come from several noble Lords: the noble Lord, Lord De Mauley, the noble Baroness, Lady Mallalieu, and the noble and learned Baroness, Lady Butler-Sloss. I support them in opposing the amendment; I think it unwise to broaden the clause.

I was interested in Amendment 7 tabled by the noble Earl, Lord Caithness, regarding growing crops for bioenergy, and others have supported it. However, we should tread carefully here. The spectre of growing bioethanol crops in South America to power domestic vehicles in the West led to the start of the destruction of the rainforest in a gallop to plant palms to provide oil for this purpose. We have all seen the disastrous results of that and the massive loss of habitat of some of the world’s most iconic species. Great care is needed.

Many noble Lords have referred to the very wide range of the Bill, expressing concern that the agricultural budget will be spread too thinly. I would be grateful to hear the Minister’s response on that.

The reduction of air pollution is important and needs to be a thread that runs through the various clauses of the Bill. I look forward to the Minister’s response to the points raised by the noble Baroness, Lady Jones of Moulsecoomb, supported by the noble Lord, Lord Whitty.

Several noble Lords also spoke about how co-operation between the devolved Administrations will take place. These include the noble Lords, Lord Wigley, Lord Thomas of Gresford, Lord Foulkes and Lord Empey, and the noble Baronesses, Lady Bryan of Partick and Lady Finlay. It is really important that the devolved Administrations are fully involved in what is going on.

Many noble Lords are attempting to widen the scope of Clause 1 to be in effect a catch-all. Hill farming, as described by my noble friend Lord Bruce of Bennachie, has been the subject of many debates in this Chamber. Despite warm words from the Government, we have still not received a firm commitment that hill farmers will receive support—that is, unless the contribution from Defra to suggest grazing bison on the uplands is serious. That would appear to be in direct conflict with one of the main aims of the Bill, improving accessibility to the countryside. There is a world of difference between walking along an open footpath through a hillside of sheep and attempting to do that through a herd of bison. These areas are heavily dependent on subsidies but are part of the public good and deserve support in future, despite being classified as less favoured areas.

Given that the Bill is only a framework, it was inevitable that increasing its scope would be a prime objective for all taking part in this opening debate. Many of the amendments are vital to the success of a proper agricultural policy in England. Many deserve to be covered in other Bills, some in the upcoming Environment Bill. We have a long sitting in front of us and I look forward to the Minister’s response.

[Baroness Jones of Whitchurch (Lab)]

I am grateful to all noble Lords who have spoken on their amendments today. We have indeed had a very wide-ranging debate, and many of those amendments have set the scene for more detailed discussions that we will have elsewhere in the Bill as we journey through it. However, we do not get the opportunity to reshape the future of agriculture in the UK very often, so it is right that we debate and test the boundaries of what is possible within the constraints of a public subsidy as far as it can go. The fact that so many amendments have been tabled is a measure of a real enthusiasm among noble Lords to shape the legislation for the next generation into something that we can be proud of, but also something with which we can learn the lessons of the past.

As many noble Lords have said, their amendments are probing amendments, which do just that. As such, we welcome many of the intentions behind those amendments. I will come back to some of the specifics shortly, but I will make a couple of general points first.

First, we believe that the Bill is broadly on the right track and we welcome the improvements that have already been made since it was introduced. The underlying principle of public money for public goods is important and it is right that we should incentivise those who work on our land to restore and improve the natural environment.

Secondly, however we look at it, we are dealing with a limited pot of money. It would be a brave person who thought that we would get more than the £3 billion a year which the Government have already promise and— who knows—the economic crisis might even put that promise on the line. We will deal with the detail of how that money is to be divided up and allocated when we discuss amendments to later clauses, but we need to be wary of spreading too widely the purposes for which that money can be allocated. This point was well made by a number of noble Lords, and I liked my noble friend Lady Young of Old Scone’s analogy of a Christmas tree, with its baubles crashing down, overweighed with good intentions.

What we do not want is for existing active farmers, with the good will and enthusiasm to embrace good environmental practices, to find that they cannot access sufficient financial assistance to make their farm pay. I agree with my noble friend Lord Whitty that there is a danger of creating a very complex system of payments and tiers of regulations which is no better than the system that we had in the past. We do not want farmers to find that that very bureaucracy prevents them accessing the money to which they are entitled. We cannot make light of this, because the impact of the Covid pandemic has illustrated all too starkly that many farm incomes are indeed in a perilous position. We cannot replace one bureaucracy with another, and we need to make sure that the income of our farming communities, when they agree with the new ambitions that we have, is secure. As I have said before, this is a delicate balance between the environment and agriculture, and it is our responsibility to make sure that we get that balance right as we work our way through the Bill.

Thirdly, the one fundamental area in the Bill where I do not think the Government have got it right is food policy—the importance of farmers producing healthy food and contributing to greater UK food stability. We will return to this in later groups, but it is flagged up in this group in Amendment 234 in the name of the noble Baroness, Lady Bennett, which talks about better advice for farmers in order to deliver improved food security and nutrition. I agree with all of that, but the advice should be expert advice. We have some later amendments about the need to put some limits on the number of advisers and consultants who will try to move into this space, when really what we need is for the money to go to its core purpose.

I turn to some of the amendments. The noble Earls, Lord Devon and Lord Dundee, and other noble Lords referred to the need for farming to play its part in mitigating climate change. We agree, and that the management and protection of soils and peatlands can play a huge role in good agricultural practice, as well as mitigating climate change. The noble Baroness, Lady Jones of Moulsecoomb, raised the important issue of the impact of agriculture on air pollution. We agree with those points. Our Amendment 272, which we will deal with separately, sets out in more detail what we believe to be the Government’s responsibilities to ensure that agriculture meets all the Paris Agreement targets on climate change.

The noble Baroness, Lady McIntosh, the noble Lord, Lord Teverson, the noble Earl, Lord Devon, and other noble Lords sought to spell out in more detail what good environmental policy should look like. They referenced pasture-fed livestock, the protection of soil and the link with natural recovery strategies. They rightly raised the need for those policies to have a synergy across other Bills, such as the Environment Bill, and environment policies. We agree with these points and feel that there ought to be a way of embedding those principles in the Bill but also making sure that we have a common approach on these issues. We also agree with the noble Lord, Lord Bruce, and the many other noble Lords who have spoken on this issue that hill farmers and upland farmers have a particular need and desire for reassurance about and support for their future. I hope that the Minister will be able to provide some of that reassurance in his response.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, this group of amendments is primarily about financial assistance being provided for public access to the countryside and waterways. My noble friends Lady Scott of Needham Market, Lord Addington and Lord Greaves have given extremely good reasons why public access is a public good. The noble Lord, Lord Randall of Uxbridge, supports improving current footpaths rather than creating new ones, and I share that view.

The noble Baroness, Lady Hodgson of Abinger, has defined public access to include horse-riding. Certainly, horse-riding is a very popular pastime, and it is extremely healthy. The enjoyment of the countryside, whether walking, riding or canoeing, should be encouraged wherever possible. However, I share the view of the noble Earl, Lord Devon, that there must be a balance. Not all who use rights of way respect them in the way they should.

There is nothing better than going for an energetic walk along a right of way and ending up at a pub for lunch. However, I stress to all that it is important that the countryside alongside the footpaths, bridleways, watercourses and RUPPs should be respected by those who use them.

There are a number of rights of way across the country open to the disabled and mothers with pushchairs. The Tissington trail in the Peak District and the Tarka trail in Devon are two such. I would like the Government to encourage more landowners and farmers to create more level access for people with disabilities and small children, as set out by my noble friend Lord Addington and the noble Baroness, Lady Grey-Thompson.

I have little sympathy for enthusiasts who insist on applying for footpaths through domestic homes and gardens just to prove that there once was a right of way along a route years ago. In these cases, there are often perfectly adequate footpaths on a nearby route that provide an alternative. I agree with the noble Earl, Lord Caithness, that the Ramblers do themselves no good at all with their intransigent attitude. That said, it will be incumbent on landowners and farmers who have rights of way running across their grounds to keep them clear and safe for the enjoyment of all who wish to use them. Bridleways should be kept clear, especially of overhanging branches and brambles, as should watercourses which canoeists will be using.

Access to the countryside is extremely important, and I look forward to the Minister’s response.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord, Lord Addington, and the many other noble Lords who spoke on these amendments. It seems that I spoke too soon when I said in the debate on the first group that a level of consensus seemed to be developing. The more we get into the details, the more divides begin to appear. Indeed, I started off with some certainty and now I have more questions than answers. I hope that, as we go through the Bill, some of my questions will be answered or dispelled. It is important that we get these issues out on the table, and some of those difficult issues to do with rights and responsibilities need to be addressed. Obviously, Committee is the right place to do that.

As president of the Friends of the South Downs and a former long-standing member of the Ramblers, I very much support greater public access to the countryside. For example, I am proud of Labour’s record on delivering the right to roam and our network of long-distance footpaths. I also agree with the noble Baroness, Lady Grey-Thompson, who rightly raised disability access, that clearly a great deal more needs to be done to improve access to our countryside. As the president of the South Downs society, I have to say that many of the issues we have are about elderly people walking the paths who cannot climb the stiles or find it difficult to access some of the more difficult terrains and so on, which could easily be adjusted. It is not just about people with disabilities but about making sure there is public access for all.

We know the public can gain huge benefits from being in the open air and walking in the countryside. As many noble Lords have said, we have learned that very acutely during the recent Covid crisis, when people have been denied that access. The point made on the previous group by the noble Earl, Lord Devon, is important: fundamentally, this is about health and well-being, and we need to bear that in mind.

It is also important that public understanding of farming and nature is enhanced. I have seen some fantastic examples of school visits to farms that have really enthused young people for the first time about the importance of the countryside. We need to encourage those sorts of visits. That will clearly have the effect of persuading young people to respect the countryside more and will go some way to addressing some of the concerns that a number of noble Lords have raised—the noble Earl, Lord Devon, did so rather vividly—about some of the problems when young people do not respect the countryside: littering, fires, vandalism, fly-tipping and so on. At the same time as creating access, we need to create respect.

Supporting public access to the countryside and providing a better understanding of the environment are already in the financial assistance set out in Clause 1, so the issue we have here is what further wording we need in amendments, beyond those rights already spelt out and the existing legal minimum. That is the challenge for us today: to make sure that if we make adjustments and additions, we get them in balance.

My noble friend Lord Clark of Windermere made an important point about access to forests. Until he explained it, I had not quite understood what some of those issues were, but it is important, particularly as we look to extend the planting of trees. It would be helpful if the Minister could address that question and explain the Government’s plans for giving us greater public access to forest areas.

The amendments we have been looking at also specify access to waterways. The noble Lord, Lord Addington, and the noble Baroness, Lady Grey-Thompson, talked about those issues and the importance, for example, of canoeing and wild swimming. I do not doubt that all those activities should be encouraged, but I have a genuine question as to whether this falls within the original intention of the Bill, which was to support agriculture, food production and the environment. This might be something the Minister can shed some light on in his response.

On the other groups, we talked about the Bill’s connection with water, and I am still struggling to understand quite where the boundaries of that lie. For example, I had assumed that the references to “managing land or water” in Clause 1 were meant to address the impact of farming activities on the quality of adjoining water rather than encouraging a wider responsibility for recreation to take place on local rivers. That is an issue that a number of noble Lords raised, so we need to understand the interconnection between what is essential, what is voluntary and what are the real advantages to us of access to that water. That is a genuine question and I do not know the answer to it.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Wednesday 1st July 2020 Lords Chamber

[Lord Teverson (LD) [V]]

My Lords, I thank the Minister for his usual courtesy in the way he has dealt with this Bill, and for all the information and help he has given us as we have moved through it. I thank all those around the House who have come together to pass a number of essential amendments, including the important amendment from the noble Lord, Lord Lansley.

Having said that, I hope that the Government will talk to us more about these amendments. As the noble Lord, Lord Gardiner, mentioned, they are very much in line with government policy to protect the marine environment and level up coastal communities. I hope that we can find a way to retain the substance and the spirit of those amendments as the Bill passes through the other place and, potentially, comes back to this House.

[Baroness Jones of Whitchurch (Lab) [V]]

My Lords, I thank the Minister for his very kind comments and for the courteous way in which he has engaged with us, and with our scrutiny of the Bill, throughout its passage. It has been extremely helpful to have the various technical briefings, both with civil servants and in writing; it certainly helped us to raise the level of debate.

Like the noble Lord, Lord Teverson, we very much hope that the Government will reflect on the amendments we have passed as the Bill goes to the Commons. They were made in good faith, with the interests of both the environment and our future fishing sector in mind. I very much hope that they are not simply returned to us but used to strengthen the Bill in the longer term.

In the meantime, I reiterate my thanks to the Minister and to all those on the Bill team, who have been very helpful as we have worked our way through the Bill.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I know that it is not necessarily normal to speak on Third Reading when there are no amendments, but given that our current procedures do not really allow for reflection on developments made during Report, this is perhaps my only opportunity to comment on those.

The passing of at least one amendment on Report highlighted the relationship between the legislation that we pass here and the legislative responsibilities of, in particular, the Scottish Government and Scottish Parliament. I hope that, in reflecting on the amendments that were carried, the Government will try to keep the spirit of those amendments—for example, I supported in principle the amendment on landing rights but did not vote for it because of the impingement on the devolution settlement, but its spirit was very positive for coastal towns and their future—and perhaps come back with their own amendments that deal with such issues in England, Wales and Northern Ireland but do not impinge on the devolution settlement. I hope that the Government will reflect on that in the other place and, if amended, when the Bill comes back to the House of Lords.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 24th June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for setting out this extensive list of government amendments. Fifteen relate to the change of name from the “National Assembly of Wales” to “Senedd Cymru”. These amendments do not affect the implementation of the Bill, but they recognise the Assembly’s renaming of both itself and its iconic building.

Six amendments, beginning with Amendment 24, allow the Secretary of State to change the period for fishing opportunities from a calendar year to an indefinite period. A further four amendments cover the same topic, but two of them refer to the English quota for a calendar year and two to the Welsh quota per calendar year. I have listened to the Minister’s reasons for this, but I am still not clear whether this will be a good thing. As the noble Baroness, Lady McIntosh, has asked, can he confirm that scientific information will be used in the determination for changing the period?

Amendment 27 refers to British fishing boats and quotas. I am grateful to the Minister for his explanation, because I am afraid that the amendment is somewhat opaque. However, I note that Clause 23(10) refers to the provisions in subsection (8) being subject to a negative resolution. Will Amendment 27 be subject to a negative or an affirmative resolution?

Amendment 33 refers to catch quotas and attempts to ensure that they will not be exceeded, but it does nothing for the bycatch, which presumably will be landed and dealt with through other processes. As the noble Baroness, Lady McIntosh, put it so eloquently, there is a real issue with overfishing.

Amendments 50 and 55 deal with the replacement of Schedule 10. As the noble Baroness, Lady Young, pointed out, this is an extensive amendment and I regret that this matter was not brought forward in Committee so that we could have had a reasonable debate on the issues covered here. However, we have more amendments before us, so at this point I will not bore your Lordships by dissecting this new schedule. We will have to trust that the Government, in moving the EU retained legislation into UK law, will ensure that that does not result in the production of myriad statutory instruments in the near future.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for setting out the explanation for this raft of amendments. I should say at the outset that, as a proud Welsh girl, I am strongly support the change of name by the Welsh Government to Senedd Cymru and I am very pleased to see that reflected in this legislation.

I turn now to new Schedule 10. I am grateful to the Minister for writing to us in advance to explain why this new schedule was felt to be necessary, and he has again explained a little about that today. As he said, it was originally intended to be a separate SI. However, like the noble Baroness, Lady Bakewell, I am slightly concerned that we will not really be able to give it the scrutiny that we would have applied had it come to us separately. As ever, the danger is in the detail, as we have discovered in our previous scrutiny of SIs.

While we cannot go into the detail of the schedule today, I have some general questions. First, paragraph 6(3) amends Article 3 of the North Sea multiannual plan by taking out the reference to MSY in the objectives, while paragraph 6(4) changes the basis on which the data for informing MSY should be calculated. Instead of the established route of basing the data on ICES advice, the Government have introduced the option of using another independent organisation. We have previously debated the merits and, indeed, the calculations of MSY and we will return to this issue later when we debate the amendment tabled by the noble Lord, Lord Krebs. I do not want to rehearse that debate now, but there has to be a concern about the watering down of the MSY objective and the deviation from ICES advice, which is the respected international scientific adviser on fisheries. Can the Minister explain why this wording is being changed?

Secondly, I want to ask about the change to paragraph 6(7) which amends Article 7 of the plan. Why have the Government taken out the word “or” from the previous obligation to take all appropriate conservation measures if stocks fall below sustainable levels? This is a small but significant change in the context of the Bill and it could have a big impact. Moreover, once again it raises our concern that the Government are not serious about delivering environmental sustainability. Why has this deletion been felt to be necessary?

Thirdly, I echo my noble friend Lady Young in asking about the consequence of our sustainability amendment. What are the consequences as a result of this new schedule? If the amendment survives, as I hope it will, would that mean that this schedule has to be changed again?

Finally, I should like to ask the Minister whether these modifications come under the delegated powers in the Bill. Given that we have not had much time to scrutinise them and that we know from our consideration of previous EU exit SIs that mistakes are often made which need to be corrected, how can the Government amend or add to them in the future now that they form part of this primary legislation? I look forward to his response.

[Lord Gardiner of Kimble]

First, I agree with the noble Baroness, Lady Young of Old Scone, that when one sees eight pages of amendments, one’s heart sinks slightly as one goes through some of the detail, particularly when they are overwhelmingly technical. However, we are seeking to use this opportunity, which has been driven by the time factor. Of course, yes, we would all have preferred to have had this Bill well on its way to the other place, and indeed probably much further forward, but we are where we are and we needed to take this opportunity. I do not resile from the fact that we have brought these amendments forward.

I turn to a number of the issues which have been raised. On safeguards, where relevant considerations apply, the provisions of Clause 10 apply, so the fisheries authority will have to publish explaining the relevant change of circumstances and the decision made for transparency purposes. On further amendments, a point raised by the noble Baroness, Lady Jones of Whitchurch, lawyers have advised that we will need to review Schedule 10 after the vote on Monday, but these amendments refer mostly in general terms to the objectives and will apply as they do in the Bill.

On the points raised by my noble friend Lady McIntosh, the amendments do not introduce changes in policy. We are bringing retained EU law in line with the Bill’s regime. The change from “a calendar year” is being made to recognise that all stocks are set in line with the relevant science. We are thus assured that we are taking the science from recognised bodies seriously.

--- Later in debate ---

Moved by

[Baroness Jones of Whitchurch]

22: After Clause 17, insert the following new Clause—
“National landing requirement
(1) Within 18 months of the day on which this Act is passed, the Secretary of State must make regulations establishing a national landing requirement which automatically applies to any boat licensed under section 14(1) or 16(1), unless exempted under subsection (4)(b).(2) Before making regulations under subsection (1), the Secretary of State must consult—(a) other relevant UK Ministers,(b) the Scottish Ministers,(c) the Welsh Ministers,(d) the Northern Ireland department, and(e) bodies that appear to the Secretary of State to represent the interests of the UK fishing industry.(3) A consultation under subsection (2) must seek views on setting an average landing requirement across all relevant species that is not less than 65 per cent.(4) An appropriate authority may—(a) determine its own exceptions and exemptions relating to the landing requirement, and(b) exempt any boat licensed to operate within British fishery limits under section 14(1) or 16(1) from the landing requirement after it has come into force.(5) Regulations under subsection (1) are subject to the affirmative resolution procedure.(6) In this section—“appropriate authority” means the relevant person under section 15(1);“landing requirement” means the percentage of a boat’s catch that was caught within British fishery limits in any given quarter which must be landed at a port in the United Kingdom, Isle of Man, Guernsey or Jersey;“relevant species” means any species present in a UK fishing zone which is subject to a UK catch quota.”Member’s explanatory statement
This new Clause requires the Secretary of State to consult on and establish a ‘national landing requirement’ to ensure a minimum percentage of fish caught by both domestic and foreign fishing vessels in UK waters are then landed at a port in the UK, Isle of Man, Guernsey or Jersey.

[Baroness Jones of Whitchurch]

My Lords, this proposed new clause sets out plans to consult on a national landing requirement aiming at an average requirement of 65% of quota fish caught to be landed at UK ports. We believe that such a requirement is vital to help to regenerate our coastal communities. It is an important element of the national benefit objective set out in Clause 1.

As we discussed in Committee, coastal communities are crying out for investment and support. They currently have higher rates of unemployment and lower wages than other parts of the country. They have the additional challenge of social isolation, few training and apprenticeship opportunities, and poor health. A minimum landing requirement for fish caught in our waters could provide a renaissance for these communities that is long overdue.

We know that for every job created at sea, as many as 10 times as many are created on land. It would create new local markets in many of the run-down ports and harbours. Hopefully, tourism and processing work would follow, and the policy would facilitate new investment and innovation. It would also encourage greater self-sufficiency in UK-caught fish being consumed in the UK; for example, it would build on the recent increase in sales of less well-known UK species being sold during the Covid lockdown when imported species were not so freely available.

We believe that this was what many British people were expecting to happen when we left the EU, and this is our chance to get right at least one small aspiration of life after the EU. The alternative will be catches continuing to be landed in EU ports and beyond, with all the profits and benefits draining away elsewhere. Of course, we recognise that this policy is not practical for every landing. For some fish caught by UK trawlers in distant waters it makes more sense to head to market in a local port. That is why our percentage is set at 65%.

In Committee, the Minister explained that under existing licensing conditions, agreed back in 2012, vessels must land at least 50% of their catch of quota species into UK ports or demonstrate their economic link with the UK by other means. Therefore, the principle has already been established, and what we are asking for here is a more ambitious target appropriate for the current socioeconomic times where UK jobs will be a priority. In that context, we believe that an average requirement of 65% quota fish to be landed in UK ports is relatively modest and achievable.

The Minister went on to say that the economic link and the licensing regime were being reviewed, but that this was an area where agreement with the devolved nations was important. We accept that point. We recognise the need for a widescale consultation on this policy before it can be introduced, so the amendment as worded commits us only to a consultation. It allows us to hear and take note of the stakeholder and community views on this. Most importantly, as the Minister keeps stressing the importance of the agreement with the devolved nations on the Bill, it provides a statutory requirement to consult the devolved nations before any such policy could be introduced.

We believe that there is an important principle at stake here, and huge advantages will go to deprived coastal communities if we get this policy right. But we also recognise the importance of full consultation and the need to ensure that the devolved nations share our new ambition. On this basis I beg to move the amendment, and I hope that noble Lords will support it if I am forced to move it to a vote.

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[Lord Gardiner of Kimble]

This is not my amendment, so I suggest that the clarification is for the noble Baroness.

[Baroness Jones of Whitchurch]

I thank a number of noble Lords from around the Chamber for their support of this amendment. I find it ironic that we are being ambitious about the consequences of Brexit, perhaps more than the Government are. A number of noble Lords said, in essence, “Don’t rock the boat because of the ongoing Brexit negotiations”. My response would be that that is what the whole of the Bill is about. It is about setting out what we think the future of the fishing sector should be, so if we were going to take that line—“Let’s wait until we know the outcome of the Brexit negotiations around fisheries”—then we really should not have the Bill in front of us in the first place. We should have written the Bill once we knew the outcome of all that. This is our opportunity to state what we feel are the fundamental principles and framework that the future of fishing in the UK should adopt.

The Bill is therefore not about retaining the status quo. There has been an awful lot of caution in the comments made, but what is the point of doing this if we are just going to steady the ship and carry on as we were? We do not want to retain the status quo; this is about seizing the opportunities that taking control of our own waters can bring. Our amendment is a contribution to a particularly important element of that.

Many noble Lords have shared our concerns about the regeneration of coastal communities and quite rightly made the point that it is not just about the jobs within the fleet but jobs on land, particularly those which could arise in the processing sector. There are obviously very important economic benefits. As my noble friend Lord Kennedy said, what would the Brexit dividend otherwise be if not about these sorts of new jobs?

Perhaps I may touch on the issue of devolution. I would urge noble Lords to look again at the wording of our amendment, because all that it requires the Secretary of State to do is to

“make regulations establishing a national landing requirement”.

It then goes on to refer to the consultation details and has a subsection (4) about the potential for exemptions to the landing requirements. The framework—the essence of our amendment—is a very slight obligation. Of course we expect it to be implemented, as all other fishing developments are, on the basis of a concordat or consensus about how we should go forward.

The Minister said that we already have an economic link for 50% of fish landed in the UK. We do not feel that we are going much further than that, and that 50% economic link is something that has been agreed across the devolved nations. It is important to get back to the basics of what our amendment is saying. It puts no obligation or particular burden on the devolved nations, and I very much hope that they would all welcome and embrace it. It is a very modest change: an average 15% increase in the landing requirement is not rocking the boat, by any means. As I say, it allows for a number of exceptions should the appropriate authorities desire to do that.

The Minister said that he already has this matter under review and that the Government are looking at the licensing agreement and the current arrangements. I take it from that that the Government clearly do not think the current arrangements are as robust and worth while as they would want them to be. All our amendment would do is to take it one step further. Rather than the Minister just saying that the review is taking place, it would effectively put that review into legislation. It says that there should be a review, that we should draw up new regulations and that there should be a consultation—not just with the devolved nations but a much wider one. We feel that that is, in itself, a fairly modest aspiration.

Sorry, I should pick up the point raised by the noble Lord, Lord Kilclooney, about “the Northern Ireland department”. I accept that, in an ideal world, the amendment would have referred to Northern Ireland Ministers. It was probably drafted before that event occurred; I am sure that it could be tidied up at Third Reading. We could take that point on board but, on that basis, I would like to test the opinion of the House.

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, we had an extensive debate in Committee on the use of remote electronic monitoring of all fishing vessels. Noble Lords on all sides of the House have expressed concern at the state of fish stocks and the amount of bycatch and discards. It is not that we do not trust our fishing industry to stick to the quota and species rules; it is more that a degree of realism is needed when dealing with this issue. The discard ban is not being observed, and not just in the UK. Full compliance, as the noble Lord, Lord Krebs, told us, is essential. In the past, fish stocks have been decimated, cod in particular, which has led to a switch to other species. Due to stringent measures, including REM, cod stocks are beginning to recover. The only fail-safe way of protecting fish stocks is to have fish monitored at the point of catching, and REM is the most effective way of doing this.

Marine conservation has to be led by scientific data. My noble friend Lord Teverson has explained the purpose of REM as an enforcement tool. Where this is currently used, it is effective. I regret that I am unable to agree with the noble and learned Lord, Lord Mackay of Clashfern, that now is not the time to make REM mandatory. Now it is precisely the time. If we leave this to the discretion of fishermen, fish stocks data will be insufficient.

This amendment has cross-party support; it covers the current UK over-10-metre fishing fleet fishing within the UK exclusive economic zone; it covers the UK fishing fleet outside the UK EEZ; and it covers all motorised vessels fishing in the UK EEZ, whatever their nationality. In the vernacular, what’s not to like? As the noble Lord, Lord Krebs, told us, supermarkets do not wish to sell and the public do not want to buy illegally caught fish. The noble Lord, Lord Randall of Uxbridge, called this amendment the most important change we can make to the Bill.

Many noble Lords have mentioned data collection. It is essential that we know where fish are moving as result of changing sea temperatures and flows. How can we do this if data is not collected? REM would allow data to come back regularly, as the noble Lord, Lord Cameron, told us. This is not new technology; it is tried and tested.

The conditions in the amendment are stringent, but they need to be to protect our fish stocks. Without protecting our fish stocks, future fisheries will find fish stocks depleted and that there is nothing for them to catch. The arguments have been made and I look forward to the Minister’s response, but I fear I will probably be voting virtually.

[Baroness Jones of Whitchurch]

My Lords, I am pleased to have added my name to this amendment, so ably introduced by the noble Lord, Lord Teverson. In the interests of time, I shall make just a few quick points about the wider advantages, beyond the obvious ones, of access to real-time scientific data. First, REM will enable us to be more responsive to the movement of different fish stocks around our warming waters. That could also provide new economic opportunities, where fishing opportunities are more aligned with the real-time scientific data and therefore enable more fishing to take place. That evidence would potentially also allow more species to achieve Marine Stewardship Council sustainability certification, which would boost sales in the retail sector, a point ably made by the noble Lord, Lord Krebs. Secondly, we do not accept the point made previously by the Minister that this policy would be a distraction from vessel monitoring systems and aerial surveillance. These have their place but do not provide the detail that cameras on board the vessels would, particularly of the species being caught.

Thirdly, on fairness, many boats are already using REM voluntarily, so all we are trying to do is to raise the standard to that of the best and create a level playing field. Fourthly, we also believe that it would be an added safety feature on boats and would provide security for the crew should any danger arise. As other noble Lords have said, I get the impression that Ministers are currently thinking about introducing compulsory REM. A number of Ministers have made positive comments about it in the past, so the Government just need to bite the bullet and push on with the policy, and the Bill is the right place to do it. I therefore hope all noble Lords will support this amendment.

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[Lord Teverson]

My Lords, I very much support this amendment. I want to congratulate the noble Lord, Lord Krebs, on his work in this area. He was a member of my EU Energy and Environment Sub-Committee, when he really went through this issue of the drawbacks of MSY. I am very grateful for all his work on that, and I wish to show my support for this amendment.

[Baroness Jones of Whitchurch]

My Lords, I am also very pleased to have added my name to these amendments, and I echo the comments of the noble Lord, Lord Teverson. The noble Lord, Lord Krebs, has done an admirable job, not only in moving and speaking to his amendments this evening, but in making sure that, throughout its passage, the Bill is based on the best scientific principles. I also think that, in this case, he has made an important argument for using the ICES definition.

We have all been concerned about the different ways in which the established measure of maximum sustainable yield can be misapplied or misinterpreted. It remains the case that there is currently no legal commitment not to fish above MSY in the Bill. The Government also seem to have resisted adding a legal commitment not to fish above MSY because the UK—as we heard in other debates—is negotiating access to shared stocks with other states and do not want their hands tied. This should not be an excuse for inaction.

We remain near the top of the league table for EU member states with the highest percentage of their tack fished in excess of scientific advice. As a start, it is vital that the definition of MSY, set out in the Bill, does not allow further opportunities for dispute. We are therefore very grateful to the noble Lord for bringing us back to the need for a clear definition which puts hard empirical data at the core of the meaning. The noble Lord also rightly highlights that the viability of the stocks should be based not just on reproduction but on other environmental factors.

These definitions are the first step to delivering robust, clear application of MSY, and the contribution it needs to make a truly sustainable fishing policy. The noble Lord, Lord Krebs, has made a compelling case for these amendments, and I hope that the Minister can confirm his support for them.

[Lord Gardiner of Kimble]

My Lords, I am particularly grateful for the noble Lord’s amendment because it gives me the opportunity to expand further on how our definition of MSY relates to the fisheries objectives, in particular the precautionary objective, and to our ecosystem approach to fisheries management. I found it immensely rewarding to have early conversations with the noble Lord, Lord Krebs, and fisheries scientists to explore these matters. I am most grateful to the noble Lord and the scientists for their consideration and time in these helpful discussions.

Under the common fisheries policy, fisheries management has largely focused on the management of individual stocks. Clearly fish stocks interact, however, and fisheries activity also has wider impacts on the marine environment. That is why in our 2018 White Paper we committed to moving towards a more holistic ecosystem approach to fisheries management. This approach is supported by emerging best practice in fisheries science. For example—I emphasise this to my noble friend Lady McIntosh—ICES, the international body that advises on fish stocks, now provides advice on sustainable range alongside the traditional point estimate for MSY. Rather than trying to fish all stocks simultaneously at the point of MSY, setting harvest rates within a sustainable range provides flexibility when dealing with the complex interactions in mixed fisheries.

I say to my noble friend Lady McIntosh that we will be continuing to work with ICES, which, as I say, is an international body of great reputation. For instance, when scientifically justified, the provisions in the Bill would already allow us to underexploit some stocks marginally in the short term in order to seek to ensure that all stocks can be fished sustainably. Given that MSY assessments can fluctuate significantly due to scientific uncertainty, it would also allow us to smooth out year-by-year changes in catch limits to help to stabilise progress towards MSY and provide the industry with greater certainty. Such an approach better reflects the future direction of UK fisheries policy.

I say directly to the noble Lord, Lord Krebs, and others, that, in future, fisheries management decisions for both single and mixed fisheries will be based on data-driven science and will include broader ecosystem considerations, including environmental change, together with improving the alignment of fisheries management with fisheries science. Our fisheries science specialists at Cefas are already developing cutting-edge mixed fisheries modelling for the North Sea, the Irish Sea and the Celtic Sea to understand better the benefits of future fisheries catches when moving towards MSY and even to lower exploitation rates, and to reduce the risks of stock depletion.

I thank my noble and learned friend Lord Mackay; I have found that it is essential to hear an expert lawyer’s view. The current definition of MSY in the Bill includes references to theoretical MSY and is linked to the reproduction process of stocks because doing otherwise would in practice further restrict the definition and make it more difficult to follow. Giving other factors equal weight as part of the MSY definition in itself, as these amendments propose, could dilute the key criterion of maintaining the reproduction process of stocks.

The MSY definition as currently worded will instead permit us to set harvest rates within sustainable ranges. This provides the necessary flexibility to look at fish stocks collectively within the ecosystem. It enables us to balance complex biological and ecological interactions within our fisheries as we work to rebuild stocks while allowing a sustainable fishing industry. Our definition is compatible with the current ICES interpretation of MSY.

With that explanation of the wider elements of managing our complex mixed fisheries, as well as the commitment around the use of data-driven science to ground our fisheries management decisions, I very much hope that the noble Lord will feel able to withdraw his amendment.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, my noble friend Lord Teverson has set out the reasons for this amendment, which we debated in Committee. Fish are a resource that is not owned by any one region, corporate body or individual. Unlike farm animals, which can be corralled and shepherded into barns, pens or open fields, fish are free-swimming. The oceans and shores around the UK have no physical barriers. It therefore follows that fish in our waters are a UK-wide resource.

The noble Lord, Lord Hain, said that 1% of the UK economy is dependent on fishing. But the UK is totally encircled by the seas, so fishing is extremely important. I agree that the Brexit deal is vital to how we move forward. The Fisheries Bill is a golden opportunity to set exacting principles on just how the fishing rights around our shores are managed to best maintain, and at the same time increase, fish stocks, with sustainability at the heart of the Bill.

The UK exclusive economic zone is a resource owned by the UK on behalf of its citizens, and must be preserved as such, whether they are in the devolved Administrations or not. No one should be allowed to claim that fishing rights in any particular area belong just to them. This is a national resource, and it must remain so. It is vital that fish stocks are protected and increased. This can happen only if the fish are not seen to be the property of any one individual private organisation or corporate body.

I note the comments of noble Lords about what they see as the complication of the issues in this amendment, and I look forward to what the Minister has to say. But this is an extremely important principle, which we feel should be included in the Bill.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Teverson, for raising this issue again, following our debate in Committee. It is a fundamental issue, which deserves more attention. Who owns the resources in our coastal waters? How can it be that, once a quota of fish is issued, it seems to be owned indefinitely by mainly foreign vessels?

As the noble Lord said, there is a strong argument that, when we become an independent coastal state, the ownership of those resources, including the fish, should be returned to the nation. What we do with them then should be the subject of a new consensus, with new timescales and obligations, and with the ultimate right of the UK to take back control of those resources. This would obviously be subject to a new devolved settlement, so that the rights to the resources were properly shared. Some noble Lords seem to feel that that is quite a complicated argument, but, personally, I think that it is fairly straightforward.

As the noble Lord is right to say, we should be more ambitious about the opportunities that could flow from our independence. If we were writing a new plan for UK fishing, we certainly would not start from here, with all that existing baggage.

I agree with my noble friend Lord Hain that a no-deal Brexit would of course be disastrous, not only for the fishing sector but for all other trade sectors in the UK.

We will explore in other amendments what we need to do to revitalise the UK fishing sector. In the meantime, it is useful to put on record our belief that fish stocks are a public asset and should be owned by the nation. I look forward to the Minister’s response.

[The Deputy Speaker]

Shall we try again to see if we can get the noble and learned Lord, Lord Mackay of Clashfern? Lord Mackay, are you there?

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[Lord Teverson]

My Lords, if I may just respond first to the noble Earl, Lord Caithness, this amendment does exactly what he asks. It gives priority to environmental sustainability, but the other elements are there as well—so, bingo, we are there. We do not have a Content Lobby, but if we did, the noble Earl would need to go through it.

I congratulate the noble Lords, Lord Krebs and Lord Cameron of Dillington, on their amendments, both of which I put my name to. The irony in this debate is that the noble Lord, Lord Blencathra, and the noble and learned Lord, Lord Mackay, are arguing for the old-style common fisheries policy. What they are asking for is exactly what the CFP did. It gave a range of options to politicians—Commissioners or the Council of Ministers in that bun-fight that happened every December—which allowed fudge in decision-making about future quotas and fishing rights over the next year. They could look at some other objective or reason and decide to take an easy way out, forget environmental sustainability or put it second, third or fourth, and go for a short-term decision on fisheries.

And what was the outcome of that? We have hugely depleted stocks in our own EEZ and globally, because of all those fudge factors. Tell me an organisation that can survive with eight objectives but without anything being said about which is the most important. You cannot do that. You must have some idea of what the priorities are. None of us could run our lives on that basis; it would be impossible.

I come back to the point made by the noble and learned Lord, Lord Mackay, when he criticised the word “prime”. I did Classics up to O-level—pause for a “wow” from the Chamber—and “primus” means first. We know what “first” means, and it does not push the others aside. We have a first Secretary of State in the Government but that does not mean to say that the other Secretaries of State are all redundant; they are not. It is just giving a priority.

We also know, exactly as the noble Lord, Lord Krebs, has said, that if we do not have environmental sustainability first, then everything else falls aside; it just goes away. Sometimes we have zero quotas, as I think the Minister said earlier about my first amendment, and they are dealt with by finding ways around them, either with financial compensation or otherwise. That means those stocks, the health of the industry and jobs in those coastal communities are there for the long term. That is why this is inarguable; you cannot have it any other way than that environmental sustainability has to be a prime objective. That would not get rid of the rest of the objectives; they are in the Bill for us to see.

I want to take a point that has not been mentioned: devolution. We are told by the Government that this House is not competent to amend the Bill because of devolution; we are going through this process for no reason at all because everything in it is devolved. The Government have brought a Bill to us that they may have agreed with the executives but, as I understand it, it has not gone through any of the democratic assemblies or parliaments of the nations. We have been given a Bill that we have to make decisions on. The Government cannot put a gun to our head and say, “Because we have done a deal with the other executives, the Bill can’t change at all”. If the Government hold that view, they should dissemble this Bill, bring an English Bill to this House and let the assemblies and parliaments have their own fisheries Bills. That is the solution. However, we do not have time for that because we need to get this right and we need to do it before the end of the year when we move out of the transition period. All we can do is ensure that the Bill is right and protects the industry and our marine environment for the future—for the long term as well as the short and medium terms—by making sure that the amendment is passed.

[Baroness Jones of Whitchurch]

My Lords, I am pleased to have added my name to Amendment 2 in the name of the noble Lord, Lord Krebs, and to add our support to Amendment 20 in the name of the noble Lord, Lord Cameron. Amendment 2 goes to the heart of our future fisheries policy. It spells out that, within all the other important objectives, the sustainability of our fishing stock is the number one priority. This is a hugely significant prize as we take control of our coastal waters. As the noble Lord, Lord Teverson, said, it leaves behind the deals and compromises that were inevitably part of the common fisheries policy, and will put our fisheries on a more long-term assured footing where there will be fish stocks to fish for generations to come. The logic of this is obvious: we all want a thriving and economically viable fishing industry and we aspire to have better managed stocks, enabling a renaissance in our coastal ports and towns. There could be huge new opportunities for jobs and prosperity in this sector. We have other amendments, which we will debate later, that would give greater impetus to new jobs and growth.

However, this economic regeneration will be permanent only if it is based on the certainty of an abundant long-term fish stock. If not, as the noble Lord, Lord Krebs, has asked, how will the trade-offs between the competing objectives be made? Will there be an inevitable skew towards short-term economic pressures at the expense of that long-term viability? In answer to the noble Lord, Lord Blencathra, and indeed as the noble Lord, Lord Cameron, says, if you have too many objectives then, quite frankly, you end up with none at all.

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[Lord Teverson]

My Lords, I like this amendment very much. The noble Lord, Lord Krebs, has managed to write out and explain clearly exactly what a bycatch objective should be whereas, in the Bill, there is not so much that and more a breakdown of how it will be achieved. Having said that, I congratulate the Government on their determination to stop discarding and to prevent bycatch or at least ensure that, if caught, it has to be landed and accounted for. That is the positive side, but the definition in the amendment proposed by the noble Lord, Lord Krebs, is a much better one. To make sure that the bycatch objective is actually fulfilled, I hope that the Government will support the amendment on remote electronic monitoring, which the House will probably deal with on Wednesday.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord, Lord Krebs, for tabling the amendment and for succinctly and ably addressing the concerns that we raised in Committee about the definition of the bycatch objective in the Bill. We were concerned that the existing wording, which referred to bycatch below minimum sustainable yields being “avoided or reduced”, and bycatch to be landed but only when “appropriate”, lacked the rigour and systematic monitoring of bycatch and discards which the UK Government had agreed. As other noble Lords have said, this issue was explored thoroughly and expertly by the report of the EU Energy and Environment Sub-Committee. It confirmed the case for an absolute ban on discards, but also identified how the policy was being undermined. We believe that urgent action is needed to make a more stringent policy a reality.

The noble Lord, Lord Krebs, has now taken the debate further by seeking to better define the outcome of a bycatch objective. The outcome should be defined not by whether the bycatch is landed or not, but by whether bycatch is reduced using sustainable fishing applications. Obviously we want to drive this down to the absolute minimum. As the noble Lord, Lord Teverson, said, this will be increasingly achievable as we harness the advantages of new technology, particularly the application of remote electronic monitoring, which will be dealt with on a later amendment. We should also learn the lessons of the now discredited catch app, which threatened fishers with legal prosecution from the Marine Management Organisation if they failed to record their catch accurately on the app.

We support this amendment, which adds considerable clarity to the need for bycatch objective, and hope that the Minister will feel able to accept it.

[Lord Gardiner of Kimble]

My Lords, I am grateful to the noble Lord, Lord Krebs, for this amendment, because it provides me with an opportunity to expand on the Government’s position on bycatch. As he said, we had a most productive meeting before lockdown. All the scientists getting together was fascinating; I tried to keep up with them. The Government are fully committed to ensuring that our stocks are fished sustainably, and to ending the wasteful practice of discarding. We now have an opportunity to develop, for the first time, a catching and discards policy tailored to our own marine environment and our diverse fishing industry. As is made clear through the bycatch and ecosystem objectives in the Bill, it is the Government’s intention that we adopt a more holistic approach for our future policies. We will seek to address the challenges of the wider ecosystem, rather than looking at each area in isolation.

Therefore, I emphasise that the Government wholeheartedly agree with the principle behind the noble Lord’s amendment. We aim to reduce the level of catches and mortality of bycatch to protect and conserve vulnerable fish stocks and, I emphasise, other protected species—I was most grateful to my noble friend Lord Randall for mentioning the albatross, for instance. However, we certainly want to work towards a holistic way of reducing and avoiding bycatch.

Indeed, we believe that the current bycatch objective actually goes further than the noble Lord’s amendment, by setting out a number of sub-objectives. The Government and the devolved Administrations will be legally bound to set out policies relating to all of these sub-objectives in the joint fisheries statement. I therefore hope that this will help my noble friend Lady McIntosh of Pickering.

Clause 1(6)(a) states that bycatch, and the catching of fish that are below minimum conservation reference size, should be reduced. That is similar to the noble Lord’s amendment, but our objective goes on to stipulate that we will also work to avoid it entirely where we can—I say to the noble Lord, Lord Teverson, that it is important that we are working towards avoidance rather than reduction. That might be achieved through more selective fishing practices—I think the noble Baroness, Lady Jones of Whitchurch, alluded to that—and we think that is a stronger position to be in on the matter.

The specific reduction or avoidance in catching those fish which are under minimum conservation reference size, or juvenile fish, is important in the Bill’s objective too. It is particularly important to protect those juvenile fish, as they are, quite clearly, what sustain the stocks for the future. These fish can be at specific risk of being targeted and then sold on or used as bait, which is why paragraph (c) specifically notes that policies must be set out to avoid creating a market for the landing of those fish.

Paragraph (b) of the bycatch objective in Clause 1(6) also sets out the need for accurate recording and accounting for of all catches, which is essential in capping overall mortality. By not accurately recording all catches, we believe that we risk introducing uncertainty in whether stocks are being fished at or beyond MSY—maximum sustainable yield. The amendment proposed by the noble Lord removes some of this detail which, in practical terms, we believe may unintentionally undermine the sustainability of our stocks and may mean that protected species are not conserved. I know that that is not the intent of the noble Lord or of any noble Lords in this amendment.

The bycatch objective in the Bill has been carefully thought through and worded in such a way as to tackle not only discarding itself but also the root cause of discarding in the accidental take of fish. As I say, I found our discussion with the scientists stimulating, but I hope that these further remarks on this issue will help the noble Lord to feel able to withdraw his amendment.

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Moved by

[Baroness Jones of Whitchurch]

7: Clause 2, page 3, line 6, at end insert—
“( ) contains a statement explaining how, in the opinion of the fisheries policy authorities (or any of them), the policies under paragraph (a) will contribute to the achievement of the climate change objective,”

[Baroness Jones of Whitchurch]

My Lords, I will speak also to Amendment 53, tabled in my name. Amendment 7 would require a joint fisheries statement to outline how, in the opinion of the relevant authorities, their policies will advance the climate change objective. Amendment 53 inserts a new clause that would require the Secretary of State, when exercising functions under this Act, to have regard to the targets in the Climate Change Act and the obligations under international signed treaties, including the Paris Agreement. It also introduces an interim emissions target for 2030.

Obviously, we welcome the fact that the climate change objective was added to Clause 1, but it remains defensive and unambitious, with references to minimising the adverse effects and adapting to climate change. Instead, we want a set of objectives that takes up the challenge and starts to deliver to tight deadlines and meaningful targets in this sector.

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I hope that this explanation shows that the Government are seized of the imperative to address climate change. Given that the climate change objective is a new arrival in this Bill compared to past iterations, I hope that the noble Baroness will feel able to withdraw her amendment. Climate change is a continuing imperative.

[Baroness Jones of Whitchurch]

I thank the Minister and all noble Lords who have contributed to this really important discussion. The noble Lord, Lord Krebs, and the noble Baroness, Lady Bakewell, referred to the climate change committee report that is due. It is true that every time an assessment is made of the Government’s progress towards meeting our climate change targets, whatever iteration it comes in, it feels as if we are failing in some way and that a catch-up needs to take place.

We cannot keep failing. At some point we need to start accelerating, because we will never meet our targets at this pace. At the heart of it, as touched on by various noble Lords, is that we need a whole-government —or, as the noble Baroness, Lady Bakewell, said, holistic—approach to this. I do not feel that the leadership is there, making it clear what is expected of every single department of government. Fisheries have only a small part to play, but it is a significant one. In every Bill coming forward during the current period of this Government—energy, transport, housing, whatever it might be—there ought to be a plan for how that department will meet its climate change objectives. Fisheries ought to be part of that, because a step change is needed here, as the noble Lord, Lord Krebs, said, and we are not embracing the significance and scale of the change that needs to take place.

I feel as if we are chasing our tail. Whenever you raise these issues, it is happening somewhere else—I half expected the Minister to say, “Don’t worry, it will all be in the Environment Bill”, and that when we got to the Environment Bill it would not be there and we would have been going round in circles again.

I have a sense of frustration about this notwithstanding that, as I said at the beginning, a lot of good work and good thinking is going on. What we need is the detail of the plans. Our amendment had the great advantage that it was not prescriptive—it did not say, “This is now what has to happen”. It said, “The Government should draw up a strategy. They should consult, come back and deliver, having consulted everybody.” In a sense, our amendment was relatively modest, but I think there needs to be more impetus; that is what is lacking.

The noble Earl, Lord Caithness, said that climate change is covered because sustainability is covered. I would say that they are not quite the same thing. Obviously, fishing sustainability is part of our climate change objectives, but climate change is a much bigger issue, as various noble Lords have touched on.

We will not necessarily resolve this today, but I do not think the issue will go away. I would like to think that in the coming months, particularly in the run-up to COP 26 next year, the Government will get a grip on all this and start driving it forward; it does not feel to me as though that is happening at the moment. There is more work to be done. I am sure that the Minister shares some of my frustration on all this but, for the moment, I beg leave to withdraw the amendment.

Amendment 7 withdrawn.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, I too thank the noble Lord, Lord Lansley, for explaining the purpose of these amendments so clearly. It has become a lot more transparent as a result. We also welcome the intent behind these two amendments, which is to relocate Article 17 and to restate in the Bill that national fishing authorities must take into account environmental, social and economic factors in allocating quotas. We also welcome the requirement to incentivise the use of more environmentally sustainable equipment. However, the amendment raises the question that we touched on in earlier debates about the status of existing quotas and whether the criteria will be applied equally to holders of these long-standing rights. If not, there is a danger that we could end up with a two-tier system, where holders of new quotas have greater environmental responsibilities and, potentially, costs than their established neighbours. It also raises the question of what happens to those who subsequently transgress the intentions of the national fishing authorities to deliver more environmentally friendly fishing policies. I just leave those—perhaps naive—questions that struck me when I was reading this through.

I also have a procedural question: we seem to hear this evening that the Government support Amendment 28 and I am sure that the Minister will clarify his position on that, but he has told us repeatedly that the wording of the Bill is an agreed settlement with the four devolved nations. He has used this as a reason to resist some of our otherwise worthwhile amendments. Therefore, can he explain what process took place with the devolved nations to seek agreement for these changes when the Government agreed to support the amendment of the noble Lord, Lord Lansley, given that, as far as I know, it was tabled only a couple of weeks ago? If it was a straightforward process, which it might well have been, why were the Government not prepared to seek approval for some of the other worthwhile amendments that some of us have tabled on that same basis? It seems that we are operating two sets of rules here and I would like clarification from the Minister about the relationship with the devolved nations on these issues.

Agriculture Bill

Baroness Jones of Whitchurch Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to the Bill and for the very helpful briefings that he organised for Peers beforehand. I also thank all noble Lords who have spoken on such a wide-ranging and challenging set of issues in their very short speaking times. I should, at the outset, declare an interest as the chair of Rothamsted Enterprises. Like others, I regret that so many noble Lords were unable to participate in the debate today. We very much miss them. I hope that the Minister is able to confirm that future stages of the Bill will not be curtailed, and that we will have the opportunity to have a full debate in Committee and on Report.

When the civil servants were originally drafting the Bill, they could not have imagined that we would be debating it in such momentous times. The coronavirus pandemic has highlighted the strains that imperil our food and farming systems. Businesses are failing, including many rural businesses, and the risk of a recession is obvious for all to see.

Life for the farming community now is tough. Farmers are subject to price volatility and market pressures that continue to put their livelihoods at risk; the added uncertainty of future trade deals with the EU puts their future export markets at risk; and the decline in UK food sustainability to some 53% of food and drink consumed means an unhealthy reliance on imported food from the EU and beyond. All this gives farmers cause for concern.

At the same time, we are in a climate emergency. The Government’s net-zero target of 2050 has been criticised by the Committee on Climate Change for lacking ambition or urgent measures necessary to meet the targets. Biodiversity, which lies at the very heart of a farming renaissance, is in steep decline and the UK is on course to meet only five of its 20 biodiversity targets. In this context, our challenge is to balance the interests of farmers and the environment so that both can thrive and play their part in the new, post-Covid world.

There is much in the Bill that we support. For example, public money for public goods is an important principle that we welcome. It is right that we should incentivise those who work on our land to restore and improve the natural environment. Of course, noble Lords are right that these policies need to be properly measured and monitored before any payment is made, but it is also important that in doing so we do not lose the core intention of the CAP: to deliver stability of food and security for farmers.

We also have some serious concerns about the Bill. First, many noble Lords have quite rightly raised concerns about the danger of domestic producers being undercut in post-Brexit deals by countries with lower animal welfare and environmental standards. Contrary to what some noble Lords have said today, evidence shows that the level of bacterial food poisoning in the USA is much higher than in the UK and the EU. As we know, the trade deals also threaten the very livelihoods of UK farmers.

This is an issue that our colleagues in the Commons pursued doggedly to the end. Our amendments would have enshrined in law a guarantee that our high standards would not be undercut. Of course, we have read the letter from the two Secretaries of State about there not being a compromise on this, but if that is the case it is a great shame that the Government felt unable to support these amendments. I give notice now that, when the time comes, we will work with colleagues across the Chamber to pursue similar amendments. We will also want to explore the wider animal welfare implications raised by the Bill and the potential of such trade deals.

Secondly, while we welcome the inclusion in Clause 17 of a duty to report on food security, along with a number of other noble Lords we do not feel that this provision goes far enough. For a Bill about food production, it remains remarkably silent on action to reduce food poverty, promote heathy food and reverse the decline in UK food sustainability.

Protecting the UK from cheap, low-quality imported food is important, but we also need positive measures to deliver top-quality food standards, incentivise local and regional specialisms, address poor nutrition and obesity and build our national reputation as a world leader in food excellence. We need robust measures to protect public health from pesticides and the overuse of antibiotics in the food chain.

We urgently need a national food plan, and we look forward to the Dimbleby report due later this year. But we need the key elements of a food plan enshrined in the Bill, rather than waiting for the Dimbleby report or the Government’s five-year report, and we will take steps to amend the Bill to this effect.

Of course, the future funding for farming lies at the very heart of this Bill. Our concerns, like those of many other noble Lords, lie with the practicalities of the transition from direct payments to ELMS. Whatever the failings of the CAP regime, it at least provided some certainty for the farming community. The delays in spelling out the new funding regime, the uncertainty over Brexit and the impact of the coronavirus lockdown have created a perfect storm in which many farmers are contemplating whether they have a future in the sector.

Despite the Government’s reassurance that the total pot of money will be protected during the transition, many farmers fear that their existing direct payments will be phased out before the new ELMS system is fully functioning. The impact of the devolved nations having different payments systems for farmers adds to that uncertainty. We will therefore want to explore in Committee whether the proposed timetables are realistic and what reassurances about future income during the transition can be given to farmers. We will want to ensure that a disproportionate share of the money is not siphoned off for consultants and advisers. We will also want to ensure proper support for smaller farmers, tenant farmers and new entrants to the land. Ultimately, we will look to government to provide more details about how the new scheme will work and to enthuse sceptical farmers that it will work both for them and for the national interest.

We welcome the measures to introduce greater transparency and fairness in supply chains and to recognise producer organisations. These are long overdue, but, as the recent crisis in the dairy sector has shown, the supply chain disproportionality squeezes the farming community at the base, when it is doing all the work for very little reward. We will want to explore in Committee whether more could be done to redress the balance and give farmers greater control over their contracts and markets. We will also want to explore whether the Groceries Code Adjudicator, or similar body, could be given greater powers to intervene to ensure fair practice throughout the supply chain.

Several noble Lords raised the issue of the status and pay of agricultural workers, and we share that concern. Some 474,000 people work in agriculture on a permanent or casual basis. Many of those jobs are physically hard, low paid and precarious, with a poor safety record and few of the employment benefits that other workers take for granted. The impact of the lockdown and the Government’s failing immigration policies show how reliant we are on overseas workers to harvest our crops. It will be interesting to see how many of the UK volunteers for the Pick for Britain scheme stay the course, given the arduous nature of the work involved. We will want to explore in Committee what more can be done to address rising poverty and inequalities in rural communities, and whether the reintroduction of something akin to the Agricultural Wages Board could play a role in improving pay and making UK agricultural work more attractive. In this mix, a drive to improve skills and training will of course be key.

Finally, we remain concerned that the Bill does not address the number one challenge of the climate emergency and the role that agriculture needs to play in delivering net zero emissions. Agriculture currently accounts for nearly 10% of greenhouse gas emissions. We would expect to see in the Bill a plan of action, and targets, to tackle these emissions across the farming community. They should lie at the heart of the future funding framework. Without action on this scale, we have no chance of reaching even the Government’s unambitious 2050 deadline, so we will pursue amendments to make sure that agriculture steps up to the mark.

I have been able to touch on only a small number of the many important issues raised in the debate today, but I look forward to working with noble Lords across the Chamber in the weeks to come to make sure that this Bill really is fit to deliver a vibrant food and farming programme for the 21st century.

Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

Baroness Jones of Whitchurch Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to this SI. It is of course a welcome move and we support the intent behind it. The fact is that the three-crop rule has always been seen as a rather clumsy way to achieve greater environmental benefits across the European common agricultural community. It did not always fit with obvious best farming practice. As the Minister said, this has been an unprecedented winter and spring, in which it felt that it would literally never stop raining, but the roots of this problem go back to last autumn. Even then, farmers were calling out for assistance. So what took the Minister so long, and why did the Secretary of State say at the NFU conference that he was not prepared to help on this issue?

This derogation is being introduced specifically in response to flooding, as it has in the past, but we know that flooding and drought are becoming much more regular as we struggle to adapt to the climate change emergency. Could this derogation have a wider application? Will it also cover some of the current Covid-19 impacts, for example the potential loss of seasonal workers to harvest crops or the loss of market access, such as that experienced by the dairy sector?

There are obviously wider questions about going forward as we leave the EU and the Agriculture Bill comes on stream. Is it intended that a UK version of the three-crop rule will be part of the environmental land management schemes and, if not, how will we replicate the environmental benefit that our membership of the CAP was meant to deliver? What mechanisms does the Minister envisage will be in place to support farmers facing extreme weather conditions in the future? I look forward to his response.