Agriculture Bill

Debate between Baroness Jones of Whitchurch and Baroness Scott of Needham Market

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Tuesday 15th September 2020 Lords Chamber

[Baroness Scott of Needham Market (LD) [V]]

My Lords, it has been a fascinating debate. A number of noble Lords have made the point that this an agriculture Bill—of course it is—but we cannot get away from the fact that the principle which underpins it is public money for public goods, and the Government are quite right to make that the principle. The link between citizens as taxpayers and the farming industry is now going to be clearer and more direct than at any time in the last half-century. Therefore, anything which helps public understanding of farming and agriculture is actually in the best interests of farmers and landowners.

Many noble Lords have highlighted the importance of public access and recreation in the fresh air and countryside as part of a broad strategy for improved health, well-being and mental well-being, and I agree absolutely with that. I have observed in this debate and in Committee some conflation of the public rights of way network—which is often historic and enshrined in law—and public access more generally. I am not going to give a lecture on that, your Lordships will be pleased to hear. However, it is important that we understand that these are two separate things.

This comes across very clearly in the Bill, in understanding the extent to which compliance with the law on the part of landowners will be taken into account in assessing eligibility. The other issue is public access: opening up not new public rights of way but new voluntary access. My view—perhaps the Minister can confirm this—is that nothing in the Bill or in any of the amendments would create a new public good or in any way force landowners to do something they do not want to do.

A number of noble Lords have talked about the problems of vandalism, fly-tipping and so on. I understand that: I live in a small village, and the lane out of here is often full of litter. Nobody suggests banning cars, even though people are chucking McDonald’s boxes out of car windows; we do not do that. We try to educate, to enforce, and that is the approach we should be taking with public access, not trying to ban the many for the misdeeds of the few.

I would really like the Minister to make it clear whether financial assistance will be available where landowners voluntarily decide to provide new access opportunities or to improve existing ones. I would also appreciate the Minister’s saying whether any of the ELM tests and trials have been related to water and public access to waterways.

Finally, there is the question of what used to be called cross-compliance, to which my noble friend Lord Greaves referred: whether a landowner who blocks a footpath or a public right of way will still be eligible for grants, or whether that will be taken into account. I look forward to hearing the Minister’s answers.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to all noble Lords who have spoken in the debate. As we are talking about access, I should declare an interest as a member of the South Downs National Park Authority.

I do not intend to speak at length as we have a great deal to get through today. We had a good debate on these issues in Committee, and I think we all acknowledged the important health benefits from being in the open air and walking in the countryside. Noble Lords have raised many of these important issues again today and, of course, we concur with many of the arguments that have been put forward.

There is clearly a great deal more that can be done to open up the countryside and provide safe and secure footpaths, particularly for those with disabilities. We also recognise the importance of enhancing public understanding of farming and nature. As we know, the Bill already spells out a commitment to provide financial assistance for public access to the countryside and for greater public understanding.

The noble Lord, Lord Addington, again raised the issue of access to water—to canals, lakes and the other things listed in his amendment. As I said in Committee, this Bill is about farming and the environment; extending its remit to the recreational enjoyment of waterways is perhaps pushing its boundaries too far.

On reflection, since Committee, I have had a more fundamental issue with these amendments. We believe that the purposes set out in Clause 1(1) have the right balance of interests between the farming community and the environment. It is a delicate balance, which is nevertheless broadly accepted by those whose livelihoods depend on it. This is why we have refrained from putting amendments to this clause, and it is why, even now, I urge the noble Lord to withdraw his amendment.

All of the amendments in this group are worthy in their own way. The issues that they raise are important and we will happily work with noble Lords to pursue them elsewhere—but not in this Bill or at this time, when there is so much else at stake and the future funding of farming is so fragile.

I hope that, despite the good debate that we have had, the noble Lord will reflect on this and feel able to withdraw his amendment. I look forward to the Minister’s response.

Agriculture Bill

Debate between Baroness Jones of Whitchurch and Baroness Scott of Needham Market

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

[Baroness Scott of Needham Market (LD) [V]]

My Lords, my noble friend Lord Campbell remarked that this is a wide-ranging debate and that the whole Committee stage has been. There is an inevitability about that, because our shared objective of a thriving agricultural sector delivering a range of public goods can be met only if certain foundations are in place. It is those foundations that I think are troubling many Members of your Lordships’ House. We discussed one in the previous Committee session, namely the lack of an overall food strategy.

Today we discuss another: the total absence of any kind of comprehensive land use strategy. The noble Earl, Lord Caithness, had it exactly right when he remarked about having no framework on which to balance and manage the competing demands we make of our land. In May the RSA published a report and said:

“Land use is not an aspect of policy that can be compartmentalised, parcelled away and deemed to matter only in certain places and to certain people. We all live with the choices over how land is used every day.”


The noble Baroness, Lady Bennett, highlighted that this was just one of a whole number of reports and organisations doing a lot of thinking in this area.

We know that Scotland has a land use strategy, Wales has a spatial plan and Northern Ireland has a regional development strategy. It was fascinating to hear from the noble Baroness, Lady Ritchie, how that is used to help new entrants. On the other hand, England has no overall framework. What it has for planning is a morass of strategies, plans and initiatives, so I am grateful to the noble Baroness, Lady Young, and her cosignatories for tabling the amendment to set out the vision for a land use strategy that could help the Government to deliver their agriculture and forestry aspirations, as we are debating today, but also the 25-year environment plan, the 12 policy statements for critical infrastructure, and this sense of place, which is something on which the Government have based their civil society strategy. The noble Lord, Lord Cameron, was quite right to highlight just what a crowded island this is, and the noble Lord, Lord Holmes, talked about the lack of coherence; he is quite right too.

Amendment 228, tabled by the noble Earl, Lord Dundee, addresses this problem of new entrants to agriculture and the difficulties they face. In some ways this links with amendments on county farms in earlier groups, because county farms were intended to do just this, but, as we have heard, are becoming rarer. That links with land use, of course, because if you are a cash-strapped council and can sell some land on the edge of town for a housing development, I am afraid you are likely to do that. It is a fact that land for agricultural purposes will struggle to compete against the land demands of housing, for example.

Finally, Amendment 228A, tabled by my noble friend Lord Greaves, would create this link with local development plans and the neighbourhood plan process. This is absolutely the right thing to do. It has seemed to me for some time—clearly the noble Lord, Lord Cameron, tends to feel the same—that in this country we are very good at development control but not very good at planning. We had some elements of it up until about 2004 in the form of county structure plans. They did not cover the whole country, but they were at least strategic. However, they often got stymied by differences with district councils, which had the development control function. County structure plans disappeared in 2004, replaced by regional development plans, which bit the dust in 2010. It seems sensible to include local planning in any provisions and thought in Amendment 227.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to my noble friend Lady Young of Old Scone for raising the case for an integrated land use framework today and in her very good contribution at Second Reading. She makes a very important point.

As all noble Lords have said, there are huge competing pressures on land use, and we do not currently have a mechanism to resolve the priorities among those competing claims. We already have expectations on land to deliver carbon storage, extensive tree planting, renewed biodiversity, flood management, water storage and, of course, food, and we are about to add the pressures of all the environmental and habitat improvements set out in Clause 1.

In his excellent speech on food security on Tuesday, the noble Lord, Lord Hodgson of Astley Abbotts, reminded us that population growth and urban development are producing demands to build 2 million to 3 million more houses, with all the services and infrastructure needed to underpin those communities—new shops, schools, hospitals and so on. This will inevitably put the squeeze on land available for food production.

As we have debated several times, we are busy making policy and legislative decisions in silos and not taking account of the impact of one on the other. This is a major criticism in the latest report by the Natural Capital Committee. It quite rightly identifies the need for a “natural capital assets baseline” against which priorities can be assessed and progress measured.

A land use framework could comprehensively map out the opportunities and benefits of different forms of land use. It could provide clear guidance on cross-departmental priorities and mechanisms for resolving conflicts over land use. It could join up resources and money to rural areas, providing funding on a game-changing scale rather than separate pots of money and layers of bureaucracy. It could also ensure that overarching government priorities such as tackling climate change are delivered coherently, utilising national, local and private funding. I see great benefits in this approach.

I also have a great deal of sympathy for the amendment from the noble Earl, Lord Dundee. These are issues that we have debated in other groups, most notably in the debate on county farms and tenancies. I think we all agree that we need to find new ways to bring new blood and business skills into the sector. The question remains: where will that land come from? How can we make that aspiration a reality?

Finally, the amendment from the noble Lord, Lord Greaves, would make it more explicit that local planning should be part of the land use strategy. This is understood as one of the competing forces that needs to be balanced by the mechanisms in my noble friend’s amendment, but it is nevertheless helpful to have it spelt out.

This debate has raised some important questions about competing pressures on a scarce, finite and precious resource. I hope the Minister will be able to provide some reassurance that the proposal laid out so ably by my noble friend is being taken seriously.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Baroness Scott of Needham Market

Report: 2nd sitting (Hansard - part one): House of Lords
Monday 24th October 2016 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, in moving Amendment 39, I shall speak also to Amendment 73. These amendments would require those opting for a bus service under franchise, and those developing enhanced partnership schemes, to apply the principles of the Public Services (Social Value) Act 2012 when determining the type of service to be commissioned.

As we discussed in Committee, the social value Act recognises that public services can play a transformative role in communities. Rather than simply opting for a narrow definition of value, it requires those procuring services to consider the economic, social and environmental benefits of each bid. It allows local authorities to think about public services in a more coherent way, particularly on a combined-service basis, and encourages those bidding for contracts to be more imaginative about the community benefits their service could bring.

Often this can result in better-designed services, with other benefits and efficiencies. In the case of bus services, it could include, for example, a commitment to train and employ a number of long-term unemployed people to work on a contract; or it could include a number of apprenticeships and work experience places for young people; or it could include a commitment to support an existing community bus service, perhaps with some shared facilities; or it could include an environmental plan with targets for green energy and reduced CO₂. Of course these are just examples, but the point of social value in this context would be to encourage bus operators to commit to their own added-value measures without costing any more money.

In a letter on this issue to the noble Baroness, Lady Scott, and in our discussion in Committee, the Minister expressed some sympathy with these aims but argued that it would be better covered in the guidance that accompanies the Bill. However, we were disappointed with this response, because the fact is that the social value Act is simply not being embraced in the way that was intended. We believe that it would benefit from being on the face of the Bill to underline the importance of this approach.

As we mentioned in Committee, the operation of the social value Act was reviewed last year by the noble Lord, Lord Young. He concluded that, where it was used effectively, it resulted in commissioners being much more innovative and delivering much more responsive public services. This is great news. However, the noble Lord, Lord Young, then went on to conclude that the opportunities and advantages were simply not widely enough understood and take-up of the concept was therefore low. This is our opportunity to put this matter right by embedding this approach in the provision of local bus services in the future. However, that will only happen if it sits in the core of the Bill; if it is buried away in guidance notes, as the Government are proposing, it runs the risk of being ignored and misunderstood again in future.

I hope that the Minister will reconsider his position on this and that noble Lords will feel able to support the amendment. I beg to move.

[Baroness Scott of Needham Market]

My Lords, I offer the support of these Benches for the amendment. It would be rather strange if we did not, because the social value Act 2012 was a Private Member’s Bill taken through this House by my noble friend Lord Newby. I raised the question of the use of this Act in Committee, so I am grateful to the Labour Benches for picking this up and transferring it into an amendment.

As we have heard, the social value Act allows public bodies to take a much broader range of issues into account than conventional procurement practices do, so they can think about the environment, community well-being and the local economy. It actually goes one stage further, because the Act makes people think about the considerable financial power of public procurement in an area and is a way of local authorities and local health authorities harnessing their own commissioning power for the benefit of their communities.

As we have heard, the evaluation last year by the noble Lord, Lord Young, was that, while there had been some real success stories, the social value Act was not being used enough and was not sufficiently understood. I have a lot of sympathy with an amendment which puts this on the face of the Bill because it forces commissioning authorities to really think about whether they have given sufficient consideration to this. Overall, it is a way of ensuring that compliance improves.

I was very taken with the conversations I had on this matter with HCT, formerly Hackney Community Transport, which is a social enterprise that provides bus services in a range of areas as diverse as London boroughs and Jersey. It feels very strongly—and made the point to me—that current procurement practices often freeze out smaller businesses. That is a great pity because some of the best bus operators in the country are the small, local ones. It is important to find ways to strengthen this aspect of the Bill and really help local authorities, in their various forms, to make the most of this considerable new power.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Baroness Scott of Needham Market

Monday 4th July 2016 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, Amendments 58A and 99ZA call upon commissioners of bus services under franchise, and those developing enhanced partnership schemes, to apply the principles of the social value Act 2012 in specifying the service required.

The social value Act, brought in by this Government, recognises that many public services can have a wider role than a simple cost-benefit analysis would identify. It requires those procuring services to consider the economic, social and environmental benefits of each bid. It allows local authorities to think about public services in a more coherent way with wider benefits and encourages those bidding for contracts to be more imaginative about the community benefits their service could bring. Often this can result in better-designed services, with other benefits and efficiencies.

In the case of bus services, it could include, for example, a commitment to train and employ a number of long-term unemployed people to work on a contract. It could include a number of apprenticeships and work experience places for young people. It could include a commitment to support an existing community bus service—perhaps with some shared facilities. It could include an environmental plan with targets for green energy and reduced CO₂.

These are just examples, but the point of social value is to encourage providers to commit to their own added-value measures without costing any more money. It is essentially supplier neutral, in that it can apply to all operators, whether commercial, social enterprise or municipal. It allows local authorities to be as specific as they choose—either specifying the expected wider benefits at the outset of the bidding scheme or encouraging bids to offer up more creative service solutions at a later stage of the process.

Implementing the social value Act would appear to be an excellent tool for achieving many of the community benefits which we have been seeking in other amendments to the Bill so far. I am sure the Minister is aware that the operation of the social value Act was reviewed last year by the noble Lord, Lord Young. He concluded that, where it was used effectively, it resulted in commissioners being much more innovative and delivering much more responsive public services. However, the noble Lord also concluded that the opportunities and advantages were simply not widely enough understood and therefore take-up of the model was low.

This is the Minister’s opportunity to put this matter right by embracing this model as it applies to bus services in the future and putting social value at the heart of the Bill. I beg to move.

[Baroness Scott of Needham Market]

My Lords, I am very pleased to see that the noble Baroness has tabled this amendment. I raised the question of the social value Act in a group of amendments when the Committee met last week. In doing so, I was trying to get at the point that the noble Baroness has made, which is really about extending the ambition of the Bill in terms of understanding the broader context, whether it is environmental or social. Because the inspiration of using the social value Act only came to me very late in the day, when it was too late to table an amendment, I raised it in debate rather than tabling an amendment. I am pleased to see that the noble Baroness has rather more ingenuity than I have and has found another place in which to put it.