Agriculture Bill

Baroness Kennedy of Cradley Excerpts

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, this has been a long and important debate, with a great deal of agreement across the House. I do not intend to speak at length, repeating points already made. But I add my voice in support of the intentions behind Amendment 270, in the name of the noble Baroness, Lady McIntosh of Pickering, and Amendment 271 in the name of my noble friend Lord Grantchester.

A major concern for the future is that trade agreements with other international partners will be at the cost of lower standards in food safety, environmental protections and animal welfare. The Trade and Agriculture Commission set up by the Government and launched today is welcome but, as many noble Lords have noted, it is advisory and therefore cannot enforce import standards. It has no teeth, it is not representative, it does not report to Parliament and it will end in six months’ time.

The UK has a chance, with these amendments, to have a world-leading trade commission ensuring that food standards are upheld for British consumers and farmers alike. It should not be up to the supermarkets and food chains to decide the policy of the standards for the food we eat. Their commitment not to sell or serve chlorinated chicken is of course welcome and the right thing to do, but not everyone everywhere will follow their lead. It is the Government’s job to protect our food, animal welfare and farming standards in any future trade deal. We need to bar imports from producers that produce to lower environmental or animal welfare standards. If we do not, it will spell disaster for our farmers. They must not be undercut by cheaper quality produce. With the proper, stronger, regulatory framework suggested by Amendments 270 and 271, we can maintain high standards in our food and farming and protect public health.

[Lord Cormack (Con)]

My Lords, I have had quite a long wait as I am the 40th speaker, but I have heard all the other 39. We have had varied contributions, but there has been a remarkable degree of consensus supporting the amendments in general and in particular Amendment 270, so ably moved by my noble friend Lady McIntosh, and Amendment 279, spoken to by the noble Lord, Lord Curry of Kirkharle, and supported by the noble and learned Lord, Lord Wallace of Tankerness.

As I listened, it seemed to me that, as this is the longest and most important Agriculture Bill in my parliamentary lifetime of 50 years, we should ask: what is and should be its prime purpose. It should be twofold. It should be to protect British farming and agriculture. There have been debates on other days, some of which I have taken part in, where there has been talk of public benefit and public good, rather avoiding the central purpose of farming, which is to produce food for our people. It is therefore to protect farming. But I was also much taken by the speech of the noble Earl, Lord Devon, when he talked about the need to promote farming.

As I listened to the noble Earl and others, it seemed to me that we could produce a fairly good group of people from your Lordships’ House to protect and promote British farming. I thought of the noble Lord, Lord Trees, who made a notable speech, the noble Earl, Lord Devon, of course, the noble Lord, Lord Cameron of Dillington, who always speaks with a quiet and almost magisterial authority on these things, and the ever-wise noble Lord, Lord Inglewood, now a non-aligned Peer, so he can indulge in being semi-detached, which I am frequently accused of being myself.

I was taken, too, by the speech of my noble friend the Duke of Montrose, who talked powerfully about the importance of Scottish lamb and its French market. He echoed what the noble Lord, Lord Hain, said a few days ago in a slightly different context when he talked about 90% of Welsh lamb going to the European Union. We must face up to the fact that, as we have left the European Union and the transition period will come to an end on 31 December, we must do all that we can to protect that market for our agricultural goods. It is absolutely incumbent on the Government to do everything they can to negotiate a deal that achieves that purpose.

I am not suggesting—no one should—that British farming practices are perfect. There were disturbing pictures a few weeks back of the River Wye, perhaps the loveliest river in England, polluted by the effluent from intensive chicken farming. It is nowhere near as intensive as what goes on in America, which is why the birds have to be washed in chlorine before we can eat them. Just this week we had a graphic reminder from the Prime Minister’s personal campaign, which he launched yesterday, against junk food, much of which is either produced here or has some British ingredients. So we are not perfect, but we have high standards. I do not always take a lot of notice of manifestos, but the Conservative Party manifesto in December made a total commitment to ensure that our standards would be enhanced rather than diminished. If the Bill does not create a situation whereby that can happen, it is, in the immortal words of the noble Lord, Lord Reid of Cardowan, not fit for purpose.

The Government have themselves acknowledged the value of a commission, but a commission whose recommendations can easily be set aside and whose life is very limited will not really deliver for British farming and the British people. That is why I believe that my noble friend Lady McIntosh and the noble Lord, Lord Curry, indicated the right way to go: the establishment of a permanent body that we can all respect, whose judgments and pronouncements will carry weight and which will itself fulfil something of the purpose I referred to a moment ago of both protecting and promoting British farming.

I end by echoing the tributes to my noble friends Lord Gardiner and Lady Bloomfield, because they have certainly borne the burden of the heat of the day. But seven days is not too long to devote to the preliminary scrutiny of the most important Bill of its kind in half a century. The Government will have to show enormous flexibility if they regard our powers of scrutiny as real and important when we come to Report. The seven days will certainly be equalled, or even exceeded, and there could be quite a lot of contact with another place as a result of Report. But my noble friend has great talents of diplomacy. He has a quiet, persuasive ability and I hope he will bring the Bill back on Report incorporating much of what has been proposed in Committee. It would therefore have a speedy and triumphant progress through your Lordships’ House.

Agriculture Bill

Baroness Kennedy of Cradley Excerpts

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

[Lord Holmes of Richmond [V]]

My Lords, I speak in support of the amendments in the name of my noble friend Lord Randall of Uxbridge. Dr Pangloss found the hedge a perfect place for him to do his experimentation. Hedges and ponds are not only items of beauty for our countryside; they are the bedrock above the ground of the countryside. There is no negative impact, except for pursuit of profit, to getting behind these two amendments. In support of them, I ask my noble friend whether the Government will support them; we would not then have to be Panglossian in that respect.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, I speak briefly in support of Amendment 230, in the name of the noble Lord, Lord Randall of Uxbridge. Hedgerows are much more than boundaries and a way to manage animals, as a recent story in my local newspaper, the Halesowen News, illustrated. Local residents in Halesowen were furious when the council “butchered” their local hedgerows. The residents recognised that the hedgerow blocked noise and reduced pollution and they also welcomed the fact that it provided a habitat for many species of wildlife, including nesting birds and small mammals such as hedgehogs, and contained many flowers and fruits essential for the bees.

Hedgerows are an essential component of the local agri-eco system; that is why Amendment 230 is so important in making sure that we continue to give hedgerows the protections that they need. They also play a vital role in reducing the rate of climate change through carbon storage, they regulate the water supply for crops and reduce soil erosion. Animal health can also be improved by hedgerows: a thick stock-proof hedge can prove a barrier to the spread of disease and can provide shade and shelter and reduce wind speeds. Recent research has shown, for example, that lamb survival rates are increased by hedgerows reducing the chilling effect of the wind.

Where there are gaps in the law after we leave the EU, we should take the opportunity through this Bill to ensure that they are filled. Amendment 230 makes sure that hedgerows are not overlooked by the Bill. We cannot let some areas of nature be overlooked, and I hope that the Government will accept this amendment. If the noble Lord, Lord Gardiner of Kimble, cannot accept it, can he set out in some detail for the Committee how the protection that this amendment seeks to put in force will be delivered?

[Viscount Trenchard]

My Lords, the noble Baroness, Lady Young of Old Scone, makes a powerful case for a new environmental regulatory regime for agriculture in introducing Amendment 229. While I accept that regulation will never stand still but always evolve in line with famers’ and consumers’ priorities and our understanding of the natural environment and what affects it, I think that, at a time when farmers are having to adapt their business models to reflect the loss of what is, for many, the largest single component of their annual incomes, introducing a new regulatory regime would be unnecessarily burdensome and confusing.

I seek clarification from my noble friend the Minister that the cross-compliance rules will also apply to payments under the ELM scheme; I expect that this would mean that this amendment and, indeed, Amendments 230 and 231, in the name of my noble friend Lord Randall of Uxbridge, are not necessary. Furthermore, his intention to reduce from 20 metres to 10 metres the minimum length of hedgerows to which regulations apply is surely disproportionate and unreasonable. Is my noble friend not aware that, up and down the country, farmers are putting in new hedgerows?

In Amendment 297, the noble Baroness, Lady Jones of Whitchurch, seeks to place a limit on rearing pigs on any land at a density greater than 20 healthy pigs per hectare. A friend of mine whose family have farmed pigs in Lincolnshire for generations tells me that this density is very low. I ask my noble friend the Minister to confirm that he agrees.

Agriculture Bill

Baroness Kennedy of Cradley Excerpts

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

The series of amendments we are discussing now sets the tone for the Agriculture Bill, which will in turn set the tone, to a certain extent, for the Environment Bill that follows. That is good for all the British people, who will have better food produced and, ultimately, more prosperous farmers. That is what we want.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, I support this set of amendments. Given the hour, I will speak in support of Amendment 75 in the name of the noble Baroness, Lady Boycott.

I welcome the Bill’s commitment to public money for public goods. Failing to explicitly incorporate public health as a public good in the Bill would be a missed opportunity. A healthy diet—eating a variety of fruits, vegetables, nuts and pulses—is directly linked to lowering the risk of health problems, such as coronary heart disease, stroke and some types of cancer. As we know, the diets of many in this country are too low in fruits and vegetables, and too high in salt and sugar. Agricultural policy can and should help shape a country’s diet. Incentive for food producers to specialise in specific crops means the supply of greater than normal quantities, leading to lower prices and increased consumption.

According to data on agricultural land classification, 19% of total agricultural land in England is suitable to grow fruit and vegetables. However, only 1.4% is currently used for fruit and vegetable production. A study by the Royal Society for Public Health found that increasing land use for fruit and vegetable production would increase their consumption and in turn save lives. Financial support, therefore, for the increased production of fruit and vegetables, nuts and pulses would mean that those foods could be made cheaper, be of higher quality—as they would be part of a shorter supply chain—be more widely available and be better promoted. This amendment would ensure that our agricultural policy could be used as a lever for public health. It would help develop a truly sustainable agricultural system for the UK that benefited farmers and the public alike. I look forward to the Minister’s response.

Agriculture Bill

Baroness Kennedy of Cradley Excerpts

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

[The Earl of Devon]

My Lords, I am amazed to hear that there were 11 days in Committee for the then CROW Bill and we have four for this much larger and more extensive Bill. It is amazing how things have changed.

I have been steward of the family farm for only a few years. During that time, I have experienced a number of issues with public access. We have had IRA bombs hidden in the woods; we have had oysters stolen; I have seen lambs mauled by dogs; I have seen sheep bludgeoned to death with baseball bats. We have chestnut blight throughout our woods spread by spores, which are carried on feet, and asbestos fly-tipped in ancient forests. I have just restored the belvedere tower that was burnt down by vandals more than 50 years ago. Public access to the countryside is quite sobering and your Lordships might be surprised that I am very supportive of it. It really needs to be managed, because it has incredibly dangerous and negative implications if it is not handled well.

It requires more than 45 minutes of this debate to really do justice to the issues but, as I see it, access is principally about education in what the countryside is about, how it works and how it is managed. I am encouraged that some of these amendments really focus on that. They focus on education on the countryside and what farming is about. Farming is about life and death, uncomfortable decisions and balancing the well-being of animals with the well-being of humans. The more that ELMS can be used to encourage responsible, sustainable and resilient access to the countryside for the benefit of people’s health and well-being, the better for all of us and, particularly, the better for land managers, whose management of the land suddenly becomes relevant to a much wider swathe of the population.

I am pleased with the positive reaction to the suggestion that health and well-being benefits are the purpose of access. Can the Minister comment and think about how we are funding this access, and whether it is just ELMS or whether we could perhaps look to the national health budget to provide additional financial support if we are doing so much good for people’s health and well-being, particularly their mental well-being? Perhaps some of the health budget can be directed towards land management for the benefit of public access.

We really need to think very firmly about biosecurity. I mentioned the chestnut blight, but there are so many diseases that are rampant in our countryside. Farmers do not exclude people from the countryside just because they do not want them there: they often exclude them because it is very damaging to have people all over the countryside, particularly in sensitive areas where one is dealing with disease and pestilence that is really ravaging so much of our native flora and fauna.

There is also physical security. Many in rural areas live in isolated houses; free access to the countryside can cause all sorts of issues with rural crime, fly-tipping and health and safety. Who pays when someone trips and falls? How does insurance cover that? All these things need to be worked through if we are to encourage more access to the countryside, as I hope we will be able to do.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, I support the general aim of Clause 1 to move to a system of public payments for public good, and putting in the Bill a list of purposes for which assistance could be provided. Amendments 6 and 9 in the name of the noble Lord, Lord Addington, add to this clause that measures which would ensure enhanced public access to the countryside can qualify for financial assistance. This is welcome and necessary as, despite improvements to our beautiful countryside in recent years, in many places access is not guaranteed. This can be because the routes are inaccessible or do not exist. By introducing these amendments, landowners and others will be encouraged to support greater access to the countryside by improving rights of way, stiles, gates and signage and developing new paths along field margins. If the noble Lord, Lord Gardiner of Kimble, is not minded to accept these amendments, can he set out clearly how the Government intend to achieve the intent behind them and encourage greater access to the countryside?

[Lord Moynihan (Con)]

My Lords, I congratulate the noble Lord, Lord Addington, the noble Baroness, Lady Grey-Thompson, and others on their focus on access to and enjoyment of the countryside, and the sport and recreation policy element, which I know the Minister shares.

These amendments seek to establish a clear commitment from the Government that, under these new arrangements, public funds will be directed towards delivering improvements in public access to the countryside in a balanced way for all users, as the noble Earl, Lord Devon, rightly emphasised, particularly for those engaged in sport and recreational activities which have over the years established a good, close and effective working relationship with farmers and landowners, particularly where rights of way exist, not least to and on water. I am pleased that point was emphasised by the noble Baroness, Lady Grey-Thompson. It is also important to recognise in this context the strength of argument put forward by my noble friend Lady Hodgson on the important equestrian issues at stake. The Bill provides an excellent opportunity to bring improved public benefits. I hope farmers and landowners will be encouraged not to restrict access for any person on any inland waterway or lake which forms part of that land for the purpose of open-air recreation.

I hope the Minister will find ways to ensure fair and equitable access to our countryside for all sustainable recreational pursuits on land and water at a time when fitness and activity levels are in crisis. I hope he will also agree that we should strive to deliver a new and improved regulatory regime that drives and enhances improvement and access to the maintenance of existing public rights of way for all users of the countryside. Enhanced access to the countryside and improved protection of the existing path network have been called for today in your Lordships’ House. I hope the Minister will signal his support for these objectives, to which I add my strong support. I believe he can, because I hope he will emphasise that in Clause 1(1)(b) it is possible to deliver these aims. In future, I hope that we in this House will hold this and future Governments to the important effect that that clause should deliver in the interests of a wider sport and recreational policy and an enhanced enjoyment of the countryside.

Water Bill

Baroness Kennedy of Cradley Excerpts

Monday 27th January 2014 Lords Chamber

[Baroness Kennedy of Cradley (Lab)]

My Lords, I am new to thinking about the issues surrounding the water industry. Therefore, like my noble friend Lord Whitty, I thank the noble Lord, Lord De Mauley, and his officials for all the briefings and materials they have provided to increase our understanding of this Bill.

I have learnt a lot but I am not completely reassured by that or by what I see before me in the Bill. The water industry is huge and complex, with impervious structures. It is made up of regional monopolies, which pay little or no corporation tax and whose focus is turned towards their shareholders rather than their customers. This all leads to the water industry having a negative public image. Therefore, I believe that we need a water industry that is better managed and better regulated.

We need to do more to modernise the industry, encourage innovation and change the culture. We need to develop a water industry that looks outwards towards the needs of its customers and deals adequately with water affordability. That is what I expected to see in a Water Bill put forward by the Government. After all, as has been mentioned, in the Government’s own White Paper, Water for Life, there was a whole chapter on developing a customer-focused water industry. Therefore, while there are measures to be welcomed in the Bill, it is disappointing that a focus on the customer is missing, especially as water bills have increased by almost 50% in real terms since privatisation. According to industry figures, 23% of households in England and Wales spend more than 3% of their income on water and sewerage bills, with 11% spending more than 5% of their income. To me, that illustrates that the current approach to keeping water affordable for all is failing.

First, there is a low take-up of the WaterSure scheme, which was introduced by Labour to help households that have a high level of water use due to an illness or because they have three or more children. According to the Consumer Council for Water, only a fraction of families that are eligible for help actually receive it. Why is that? It is because customers do not know that help is available to them. Although there has been an increase in take-up over the past six years, as Dame Yve Buckland from the Consumer Council for Water said, it is merely a “drop in the ocean”. Take-up has happened, and been shown to increase, only when water companies are proactive. Whether they are is, however, a matter for that company because it is voluntary. Therefore, the Bill should include measures that require water companies to promote the WaterSure scheme. Should we not have arrangements with the DWP so that people who are entitled, and consent, get the help they need?

Secondly, the voluntary nature of the establishment of social tariffs by water companies is inept. Water companies are able to design social tariffs to help customers most in need of support but only three have such schemes, helping just 25,000 households. As it is voluntary to have a social tariff scheme, many water companies have not bothered to set one up and some have no intention of doing so. Whether or not you get help with your bill therefore depends on where you live. That cannot be right or fair.

I repeat that the current approach to keeping water affordable for all is failing. As water is fundamental to life and public health, many families make sacrifices to pay their water bill. The Consumer Council for Water states:

“One in eight customers says they cannot afford their bill”.

It notes that customers,

“continue to pay their water bill even when it is unaffordable to do so”.

I was reading a discussion thread on Netmums about the impact of rising bills on families. I want to read a short extract from a Yorkshire Water customer. The subject line read:

“My water bill has quadrupled; I think I am going to have to stop eating to pay”.

The customer then wrote:

“I am literally shaking and in tears over this bill. There is no way I can cut costs any more. I work two jobs. I literally can’t work any more than I already do, but it still isn’t enough”.

There are many stories of struggle and hardship being faced by families in this country. Are we really saying that there are no more ways that legislation can help to ease their burden? Today and over the weekend, the media have reported that Ofwat plans to curb rising bills between 2015 and 2020. That is to be welcomed. But this Bill should strengthen Ofwat’s powers to deal with the impact and the problem of water affordability.

I agree with the noble Baroness, Lady Parminter, that the Bill should also seek to deal with bad debt, which adds an average of £15 to everyone’s water bill. It is not right for those who do pay to subsidise those who do not. As we have heard, the Flood and Water Management Act 2010 made provision for the Government to require landlords to give tenants’ details, but this has not been enforced. Why did the Government choose to take a voluntary approach? I understand that the new database for collecting tenants’ details will be ready next year. The Bill should require landlords to use it or be held liable for that debt. We also need to give Ofwat powers to act against water companies that fail to act on bad debt.

The Prime Minister stated that there would be action on rising water bills, but a two-page letter from the Secretary of State to chief executives of the water companies asking them to be “fully alive to concerns” is not action. As we have seen with social tariff schemes and the promotion of WaterSure, voluntary requests for action do not work. As we will see, the voluntary approach to collecting tenants’ details from landlords will not work. It is surely time for this Bill to make someone do something. It is time for real action. It is time to require the water companies to act on water affordability and bad debt.

I turn briefly to the issues of metering and new infrastructure projects. Voluntary switching to water meters is on the increase. Around one-third of properties have meters and this is set to rise to a half by 2015. The Bill therefore needs to make sure that we protect unmetered, low-income households from unaffordable bills that may arise in areas with high levels of metering. Billions of pounds-worth of infrastructure projects are already planned and the costs of these are expected to be passed on to customers. Do the Government know the overall impact that this planned infrastructure will have on customers’ bills? This Bill is a chance to ensure that we get to know the impact on future bills, that everyone is getting value for money, and that there is greater transparency in the process.

In addition to water affordability I want to raise one other issue of concern, which is borne out of my personal and local experience. As set out by the noble Lord, Lord De Mauley, one of the Bill’s main aims is to make it easier for new businesses and landowners to ensure that the water market is providing new upstream services. Inevitably, that will lead to new infrastructure, which is where my personal experience leads me to suggest that more provision for public consultation and public involvement is needed around any such future infrastructure.

Where I live in Deptford, significant controversy surrounds Thames Water’s proposed placement of the 46-meter shaft needed for the Thames tideway tunnel. The proposed site is vehemently opposed by local residents, and consultation on the site and where it is placed has been inadequate. Thames Water’s promotional material illustrates how the construction of the tunnel will be by the riverside, which it largely is until we get to Deptford. Initially, the preferred site promoted by Thames Water was by the river but, curiously, it changed its mind and the site was moved inland to Deptford Church Street and Crossfields Green. That is despite this being one of the only green spaces in that area, being next to a listed church and a residential estate, and being right next to a primary school. This has led to nearly 1,000 local residents signing a petition against the proposed site and some being involved in the campaign group, Don’t Dump on Deptford’s Heart. It is estimated that up to 32 heavy goods vehicles a day will be needed to service this site, causing road closures, traffic mayhem and road safety fears. Obviously, there will be an increase in the level of noise and air pollution.

What is most disappointing is that Thames Water has confirmed that it is perfectly possible not to use this site. Even more disappointing is that one of its justifications for choosing this site is that the local people already suffer from noise and pollution, so they will not be troubled by more. That is totally unacceptable, particularly when a perfectly viable alternative exists. I hope that the flaws in Thames Water’s plans will be recognised by the Planning Inspectorate. If not, I hope that the Government will review them.

As I look towards this Bill, my local experience leads me to ask whether we are encouraging the development of infrastructure through this Bill and, if so, how we can better hear the views of the public. In the Government’s desire to open up competition and to encourage new providers to the market, how can we ensure that proper consultation is not overlooked or cut short? Would a provision in the Bill in this area not help to reassure the public that any new construction projects will consider the views of the public and the environmental impact?

Finally, I want to reiterate my central point regarding water affordability. When dealing with rising energy bills, we may be able to heed the advice of other Ministers to wear more jumpers but for water we cannot take our buckets to the Thames. We all need water to live. We therefore need the charging system to be urgently brought up to date. We need a system that is affordable, fair and sustainable. I agree with my noble friend Lord Whitty that we need a review of how we all pay for water and how we use it. We need less voluntary measures and more requirements for action. We need to deal with bad debt, to increase the take-up of WaterSure, to insist on social tariffs and to develop a national affordability scheme. The chance to tackle the impact that rising water bills are having on family budgets has been overlooked by this Bill. That is a wasted opportunity. I look forward to discussing these issues further in Committee.