Agricultural Holdings (Fee) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Tuesday 6th December 2022 Grand Committee

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

My Lords, I beg to move that the draft Agricultural Holdings (Fee) Regulations 2022, which were laid before the House on 20 October, be approved. I declare my farming interests as set out in the register and point out that I am a member of the Royal Institution of Chartered Surveyors. I speak for England only. However, I highlight that we have worked closely with the Welsh Government on this instrument, and the same composite instrument was debated and approved by the Senedd on 22 November.

This Government believe in a vibrant and flourishing tenant farming sector. We believe that it is vital for the future of agriculture. A third of farmland in England is tenanted, with 14% of farms wholly tenanted and 31% of farms with a mixed tenure—that is, both owning and renting land. This variety in land tenure and the ability to rent land on a flexible basis is important as it enable tenants and owners to grow and adapt their farm businesses. It also provides a route into farming for new entrants, bringing new skills and ideas into the sector.

Many tenants and landlords work collaboratively and progressively to resolve issues that may arise during their tenancy agreement. However, sometimes, that is not possible. In those cases, our agricultural tenancy legislation enables either party to the tenancy agreement to apply to a professional authority to appoint an independent arbitrator to help resolve a dispute. It also enables the professional authorities to charge a small statutory fee to cover the administration costs of delivering an arbitration appointment service.

The current fee that can be charged for the appointment service was set in 1996 at £115. Inflation since then means that this level of fee no longer covers the costs incurred by the professional authorities in delivering the arbitration appointment service. The purpose of this instrument is to update the statutory fee on a cost recovery basis to £195 in line with His Majesty’s Treasury’s guidance, Managing Public Money. The increase was supported by 73% of the respondents to the Government’s consultation on this issue.

Although I recognise that this increases costs for tenants and landlords, it remains a relatively small statutory fee that is necessary to sustain the continued delivery of an important independent appointment service. The costs of running the service include staff time to assess each application for the arbitration skills and knowledge required to make a relevant match with a suitably qualified arbitrator, as well as conducting the necessary checks for any conflicts of interest to ensure independence.

This instrument also updates the regulations in line with changes we made in the Agriculture Act 2020 to include a wider list of professional authorities that can now offer an arbitration appointment service. This now includes the president of the Central Association for Agricultural Valuers and the chair of the Agricultural Law Association, alongside the president of the Royal Institution of Chartered Surveyors. This means that tenants and landlords now have more choice between different service providers, which will help to drive continuous improvement in the provision of an efficient and quality service.

In addition, this instrument includes a new duty to review the regulations every five years. Reviews will be carried out in consultation with industry to check that the level of the statutory fee is appropriate and in line with cost-recovery principles.

I am aware of the recently published report on tenant farming led by my noble friend Lady Rock. It includes recommendations on the operation and oversight of dispute resolution. I thank my noble friend and members of the working group for producing this report. I welcome it and its focus on supporting a vibrant tenanted sector. The Government are considering its recommendations and will publish a formal response in due course.

I also highlight that the professional authorities delivering arbitration appointments have responded positively and proactively to requests for improvements. For example, the Royal Institution of Chartered Surveyors is in the process of implementing the recommendations made in the recent review by the noble Lord, Lord Bichard, to improve governance structures, deliver greater independence of its regulatory functions and focus on its public interest remit. In addition, the professional authorities delivering arbitration appointment services have transparent and high standards of professional conduct that they expect their arbitrators to comply with.

I hope I have assured noble Lords of the need for this instrument, which will ensure that tenant farmers and landlords continue to have access to the appointment of an independent arbitrator when they need it, funded by an appropriate statutory fee on a cost-recovery basis. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the content of these regulations and thank my noble friend for presenting them. I pay tribute to the work of my noble friend Lady Rock and all those who contributed to the review that she conducted.

It is a little disappointing that my noble friend says that we will have a response only “in due course”. We owe it to the tenanted sector to have a response in real time and a date when that might be due. I regret that I cannot remember whether it is Agricultural Holdings Act 1986 tenancies that are for one year only or more, but I know that the Tenant Farmers Association has expressed concern that where a tenancy agreement is for only three or five years, it is simply not long enough for tenant farmers to make the required investment.

This is an issue very close to my heart. I grew up in an tenanted area in the Pennines where there are smallholdings—mixed farms with not a great deal of land. At one stage my brother and I farmed two fields, but I could not stand the excitement so he now farms them in his own right. My late father is no longer there to look after all the admin for us, so my brother is in sole charge as the owner of those two fields. These smallholdings are very dependent on spring lamb and stall cattle, that is bringing young beef on and fattening them up. Marts such as at Middleton-in-Teesdale, Kirkby Stephen, Thirsk and Skipton are very dependent on this.

I argue that, if anything, there will be more call on these advisers. I accept that there has not been a review for five years. It could be argued that the fee is almost double, but I think it is a reasonable level. No one has corresponded with me to say that they will not be able to pay this.

I understand that 60% of all land in England is farmed by tenant farmers. Certainly in North Yorkshire, where I was an MP for 18 years, 48% of the farms are tenanted. This is a very big sector, so I would like to press my noble friend by asking whether the fees will cover all eventual disputes in this area. For example, will they cover potential eviction from the tenanted farm if the fee could be used to be represented in an arbitration procedure?

Similarly, the landowner may seek to take back the farmland if they wish to plant trees, for example. I know that my noble friend and the department are very keen on that but, from what we have seen in Cumbria and Wales, it is not always ideal to be taking land that has been actively farmed—particularly when our food supply chains are under pressure of being in an emergency situation, as we hear this morning, with the NFU calling on the Government to take urgent action in that regard.

My heart goes out to tenant farmers at this time. The fees proposed in this statutory instrument are affordable given the increase that the Government are seeking. I welcome the fact that there could be a five- yearly review; I think I saw that in paragraph 7.6 of the Explanatory Memorandum. Can my noble friend say in precisely which circumstances the fee would be applied and assure us that the tenants will have recourse to a professional authority in the circumstances that I outlined?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks on this statutory instrument. The essence of the instrument is to increase the fee charged when a dispute arises around a tenancy agreement between a landlord and an agricultural tenant. This is then referred to the Agricultural Holdings Act 1986 for arbitration where the fee is charged.

I note that the requisite fee has not been increased since 1996 and agree that it is necessary to set it at a realistic level. I also agree with the regulations and, I assume, the fee being on a cost-recovery basis, to be reviewed every five years. This seems sensible. The previous fee was £115; however, the proposed fee of £195 seems to have been set in 2019 by Defra. If that fee is intended to be on a cost-recovery basis, it is already three years out of date and inflation has not stood still in the intervening years.

The consultation undertaken by Defra received a favourable response, with 73% of respondents agreeing to the update and the proposed fee. The Explanatory Memorandum refers in paragraph 12 to the impact as “a relatively small increase”. This is somewhat true in that £195 is not a huge sum but it is, nevertheless, a 70% increase on the fee previously paid. If the fee were to go up by 70% every five years and be linked on a cost-recovery basis, those involved might not be quite so keen to agree to it.

Given that some holdings will have cross-border implications, can the Minister say whether the devolved Administrations are likely to be charging the same level of fee for arbitration as England? I was not entirely sure from his remarks whether that was the case. If not, and there is a difference in fees, that would cause some problems.

Lastly, like the Minister and the noble Baroness, Lady McIntosh of Pickering, I refer to the Rock review on farm tenancy. There is evidence that in some cases the slow rollout of the sustainable farming incentive grants has led to tenants being refused permission by their landlords to apply for this scheme. This may cause an increase in the numbers coming forward for arbitration. Can the Minister tell the Committee how many cases of arbitration there were last year and how many there have been this year? Are there sufficient staff in the arbitration service to deal with increased demand, if that should prove to happen?

I believe that this is the right way forward and I support this SI.

Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Tuesday 6th December 2022 Grand Committee

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

My Lords, the regulations were laid before the House on 18 October. The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, also known as the ROHS regulations, restrict the use of 10 substances that were commonly used in the manufacture of electrical and electronic equipment but which have now been proven to cause harm to the environment and/or human health. This is particularly the case when products become waste, with the potential for these harmful substances to be released into the environment or the workplace of those working in the waste treatment sector.

Businesses can apply for exemptions from the ROHS regulations if they need to use any of the restricted substances above the permitted threshold limits in order for products to function safely and reliably. Any such exemptions apply to the product rather than to the specific organisation that applied for the exemption. When the United Kingdom was a member of the European Union, applications for exemptions and the renewal of exemptions were submitted to and considered by the European Commission using delegated powers and the ROHS directive. On leaving the EU, this function was transferred to the Secretary of State by the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, bringing with it new freedoms to determine the outcome of applications as they apply to Great Britain.

The instrument makes provisions to transfer the costs of undertaking the necessary technical appraisal and public consultations associated with it from the taxpayer to business. This approach is entirely in keeping with the requirements of the Government’s Managing Public Money principles. The charge is set on a cost-recovery basis. Such an approach is common practice in circumstances in which industry is required to apply for regulations, authorisation and licensing to comply with regulatory requirements.

The fee will be £39,721 per application and will be payable on exemption applications received from 6 April 2023. Most of those costs reflect the cost to the Government in contracting with technical specialists to undertake the technical appraisal of each application. It is important that a full technical assessment is made when assessing applications to use restricted substances above the permitted level that could cause significant harm to human health and the environment. That technical assessment will, crucially, include an in-depth analysis of any potential less harmful substitutes that could be used to enable the Secretary of State to make an objective determination on each application received. Applications for exemptions are typically submitted by industry rather than individual businesses, because exemptions are granted to products rather than the organisation that submits the application. Historically, most applications for exemptions are made by trade bodies on behalf of a sector, and we anticipate this collaborative approach to continue, with associated costs being spread across the relevant sector.

I stress that the fee is being charged strictly on a cost-recovery basis, reflecting the appraisal work undertaken. The amount payable will be reviewed regularly. I hope the introduction of an application fee will encourage industry to fully explore the use of less hazardous alternative substances before submitting full exemption applications. Noble Lords do not need me to remind them of the potential harmful effects of lead and mercury on human health and the environment, so we seek to minimise their use.

In line with published guidance, there is no need to conduct an impact assessment as any direct impacts from this instrument are judged to fall under £5 million per year. In any event, the only costs on business arising from this instrument relate to Defra’s appraisal of exemption applications. Costs on public bodies such as these fall within the statutory exemptions for which impact assessments are required.

This instrument was subject to consultation, as it alters existing policy. Unsurprisingly, those likely to be subjected to an application fee in future did not support these proposals. Our proposals are consistent with Managing Public Money principles, but in response to those concerns we have committed to consider the merits of recognising exemption decisions taken by other jurisdictions that have similar ROHS regulations to those in the UK.

The territorial extent of this instrument is Great Britain. This is considered a reserved policy, but the devolved Administrations were engaged in the development of the policy and are content. The ROHS regulations fall within the Northern Ireland protocol; as such, businesses placing product on the Northern Ireland market are bound by EU exemption decisions and, under unfettered access provisions, can subsequently freely supply those goods to the GB market. This does not represent a loophole, as suggested by the Secondary Legislation Scrutiny Committee, but is about ensuring that businesses in Northern Ireland can trade freely in the UK. I commend this instrument to the Committee.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for presenting this statutory instrument. I read very carefully the conclusions of the Secondary Legislation Scrutiny Committee and will go through some of the issues with this Committee this afternoon.

The Explanatory Memorandum sets out very clearly at paragraph 10.1 that a six-week public consultation was conducted which closed on 26 August. That is normally considered a holiday period. Certainly it is when I have always taken my holidays, as I tend to go to northern Europe and that is probably the last bit of good weather and bright sunshine that we might expect. It was a short six-week consultation; I think they normally last 12 weeks. Was there any reason why the consultation was shorter and not carried through to September, which would have given people more chance to respond?

Fifty-three of the 54 respondents objected to the line that the Government took. I will not read it out because it is there and everyone will probably say the same thing this afternoon, but I wonder why the Government overruled those who bothered to reply.

My noble friend said of paragraph 16 of the Secondary Legislation Scrutiny Committee’s response that this is not a potential loophole. I would like to understand why he and the department think that. If Northern Ireland, which is still part of the single market, can export these products to the rest of Great Britain, which is not, and those in Great Britain have to pay the fee, that gives those operators in Northern Ireland a commercial advantage, if I understand this correctly. I would like to understand the background to why my noble friend thinks it is not a loophole or a commercial advantage to the Northern Irish.

Previously, in its conclusions, the Secondary Legislation Scrutiny Committee confirmed that there is no payment for Northern Ireland operators and that 53 of the 54 responses were negative towards the Government’s position. I underline the uncertainty in paragraph 14 of that scrutiny committee report, which says that the view the department has put forward

“creates uncertainty and may be inconsistent with the Department’s declared intention to have a GB-specific, cost-recovery based system for exemptions.”

I take this opportunity to press my noble friend on that.

I have one last question. What will the position of this statutory instrument be under the retained EU legislation Bill? Are we coming back to revisit this, or is this the last time we will look at this statutory instrument?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introductory remarks on this statutory instrument.

Previously, applying for an exemption for the use of certain hazardous substances was handled and organised, and the cost was picked up, by the EU. After Brexit, the cost was picked up by the UK taxpayer. The Government are now moving the cost from the taxpayer to the businesses which are required to apply for exemptions. Not surprisingly, those businesses are balking at this additional cost where previously there was none for the same service.

As the Minister said, the fee that Defra is implementing to be payable is £39,721. At the same time, the Secretary of State will publish a charging scheme of fees and how they will be reached. The fee set out in the instrument will operate from April 2023, when the new scheme of charges will also become operable. There is no indication at this time whether those charges will be higher or lower, only that they will be on a full cost-recovery basis.

As the noble Baroness, Lady McIntosh of Pickering, said, Defra held a six-week consultation on the fee being introduced in this SI, which ended on 26 August. Of the 54 responses received, 53 disagreed with the consultation proposals. This is the first time that the businesses concerned have been expected to pay for exemptions.

The Secondary Legislation Scrutiny Committee, of which I am a member, asked a number of questions of Defra on the SI. The exemptions cover such items as the use of lead in portable emergency defibrillators and the use of mercury in intravascular ultrasound imaging systems. This is vital to the health service and a number of us at all levels, because of the effects on the health service, on which we are completely reliant.

The fee is to cover the cost of a consultant’s fee in assessing the application and whether the product is safe and fit for use. Regardless of whether the application is a renewal or a new exemption, the fee to be applied is the same. There are 23 existing exemptions that would require an application fee to be paid when they are next renewed.

Four businesses consulted were concerned that specialised items provided in low volumes but subject to the application of a fee might not continue to be supplied in GB due to the cost. This would have a significant impact on some medical technologies. Given that some of those businesses supplying this equipment and needing an exemption certificate are small and medium-sized businesses, the cost is likely to have a negative effect. Can the Minister comment on this?

The Northern Ireland market, as both speakers have said, is not subject to these regulations as it still operates under EU rules. No fee is therefore charged there. This SI applies to England, Scotland and Wales only. Can the Minister say whether it is likely that some devices might appear illegally on the Northern Ireland market, not subject to a fee, and then be sold on to England, Scotland or Wales? I understand the Minister says that this is not likely, but this is a loophole in the system whereby no fee would have to be paid for a separate GB exemption; the noble Baroness, Lady McIntosh, also referred to this. Would it not be better if the same system applied to the whole of Great Britain, including Northern Ireland? Would the Minister care to comment on that?

--- Later in debate ---

[Lord Benyon (Con)]

The exemption is on the product, not the applicant, so yes. Some of these would be multinational companies based overseas wanting to export their products here. They would have to get this to do so.

I think that addresses the main concern of the noble Baroness, Lady Hayman. Trade bodies will be the vast majority of the applicants, not businesses. It is crucial that we drive behaviour change where it can be achieved. The application process requires the applicant to have looked at alternatives before securing an exemption.

The noble Baroness, Lady Hayman, asked for examples of recent exemption decisions. Lead in solders in portable emergency defibrillators is one. Mercury in components of intravascular ultrasound imaging systems and lead in hexavalent chromium used for civil explosives in mining and quarrying are other examples of where this requirement will be used.

The Secretary of State could grant exemptions without the need for an application if the sale of essential equipment were jeopardised because of the non-payment of a fee. For example, if the supply of essential equipment was required for the health sector and was jeopardised because of the requirement to have an application, the Secretary of State could overrule it and give that exemption. I think that gives a lot of assurance to people who feel that, for example, our NHS could lose out on getting a vital piece of equipment.

The final question, quite rightly put, was whether this drives business away from the UK. It is normal for businesses to be charged fees for registrations and applications if necessary. As I say, it is important to note that the fees apply to the product, not to individual businesses. There is a track record of businesses working together to submit applications.

[Baroness McIntosh of Pickering (Con)]

Can I just clarify that point for my noble friend? It is about whether there would be a commercial advantage in what we are pursuing, thus giving Northern Ireland a benefit.

[Lord Benyon (Con)]

In Northern Ireland, our wish for there to be unfettered access is absolutely paramount. As things stand, businesses in the European Union will seek applications from here, as will businesses from beyond the European Union. It is vital that we maintain that unfettered access while we sort out the implications of the Northern Ireland protocol, which are very familiar to Members of this Committee.

I hope that I have answered all the questions. If there are further points that noble Lords wish me to comment on, I would be happy to contact them. I commend these draft regulations to the Committee.

Motion agreed.

Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

Baroness McIntosh of Pickering Excerpts

Monday 5th December 2022 Grand Committee

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

My Lords, these regulations were laid in draft before this house on 20 October 2022. The time that we have does not permit me to cover in detail all the amendments that these instruments make, but I shall do my best to cover some of the most significant points.

The first instrument makes technical amendments to various pieces of retained EU law and domestic legislation to ensure that they operate effectively in the following four areas after the UK’s withdrawal from the EU:

“Official controls and requirements on imports into and movements within Great Britain of animals, animal products, plants and plant products; the rules on animal welfare during transport; the rules on the marketing of plants and planting material; and the rules on the prevention, control and eradication of certain transmissible spongiform encephalopathies, a group of fatal diseases which include mad cow disease.”


This instrument also addresses various other deficiencies in retained EU legislation and corrects errors in earlier instruments made under the European Union (Withdrawal) Act 2018. The changes are, for example, to

“clarify that the appropriate authority can create or amend rules on penalties for non-compliance with these regulations and relevant supporting legislation with regards to the Official Controls Regulation and Plant Health Regulation; streamline the process for designating an appropriate authority as a competent authority responsible for carrying out official controls; and replace the existing obligation for the appropriate authority to make secondary legislation to address biosecurity risks from imports of animals and animal products with a power to make secondary legislation, helping to protect biosecurity by giving Defra the flexibility to address biosecurity risks through means other than regulations.”

The Plant Varieties and Seeds Act 1964 is amended to enable Ministers to make regulations via the negative resolution procedure to ensure that domestic secondary legislation, which captures the marketing of fruit, vegetables, and ornamental plants for planting, can be updated as required. This change will ensure that we can keep pace with changing requirements in this space. Corrective amendments make it clear to transporters, organisers, and keepers of live animals, that they must comply with the journey log requirements on protecting animal welfare in transport.

The second instrument makes modifications to the interpretation of 11 directives to ensure a continuing and fit-for-purpose imports system for animals and animal products entering Great Britain, to ensure that the legislative regime is up-to-date, enforceable, and easy to use. These modifications do not make policy changes. They are technical fixes to assist with the interpretation and application of the directives. This instrument also transfers the functions, including legislative powers from EU bodies, to the appropriate authority and makes the necessary changes to relevant import enforcement legislation.

Both instruments apply across Great Britain, although there are some exceptions. In the first instrument, Regulation 12 applies only to England and Wales, Regulation 13 applies only to Scotland, and Part 6 applies only in England.

In the second instrument, Part 1 applies across Great Britain, whereas in Part 2, Regulation 5 applies only to England. Regulation 6 applies only to Scotland, and Part 3 applies only to England and Scotland, with the Welsh Government having laid a mirroring instrument which applies in Wales. I will be testing noble Lords on that later; I hope it was clear. Both instruments also make a series of technical amendments to other pieces of legislation to ensure that they are fully operable.

In summary, the amendments in these instruments will ensure that official controls on imports of animals and animal products continue to be effective, that appropriate authorities have the relevant powers to make and implement necessary changes to imports legislation and that we have the legislative tools we need to safeguard our biosecurity.

To conclude, the devolved Administrations in Scotland and Wales have provided their formal consent for these instruments. Movements from Northern Ireland or the Crown dependencies are considered internal movements and are not affected by the modifications and amendments laid in these instruments. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for presenting these two statutory instruments, which I support. I shall press him on a couple of issues.

Will both instruments definitely be retained and not excluded under the provisions of the EU retained law Bill currently in the House of Commons? Having done all this work, it would be a pity to waste it. In each case, will the Minister clarify which are the relevant public authorities?

On the trade in animals and related products regulations, as an MEP I spent many happy hours looking at the live trade in animals. As the MEP for Brightlingsea, I had the rather unfortunate experience of representing Brightlingsea when it closed down the live trade in Dover; there were demonstrations to prevent the live trade. My understanding is that it is still the case that one live animal is transported for every seven transported in carcass form, certainly from this country—now we are a third country, or third countries—to the EU. Are those figures correct, and are they still reflected in imports from the EU to this country?

Also, in the provisions of the regulations, is there a role for the Food Standards Agency in this regard? Whichever agency or authority it is, will it rely on notifications, or will it be able to do spot checks? It would be better for the Committee’s trust in the system—certainly my own trust—if it was able to do spot checks either on live animals or animal products, in frozen or fresh form. That would be very helpful to know.

I have two small further points to make that I am fortunate to have in my possession having attended the briefing from the Food Standards Agency on a completely different matter—its annual report for last year. Clearly, the regulations reflect the fact that, as a result of our departure from the EU, Ministers and food regulators are now directly responsible for food law for the first time in nearly 50 years. Therefore, the level of understanding, particularly at local authority level—not just when the products come into this country but when we are relying on local authorities to do inspections of food businesses at the level of outlets—is a matter of some concern.

Can my noble friend say how the Government plan to address concerns that I and others have? I do not want to put words into the mouth of the Food Standards Agency, but it has reflected this in its annual report, where it says:

“Firstly there has been a fall in the level of local authority inspections of food businesses. The situation is in the process of being repaired … but progress is being constrained by resource and the availability of qualified professionals.”


I understand that part of that problem is lack of skills and understanding that this is a potentially interesting and rewarding job. The endgame is to make the job of health inspectors attractive. The second problem the FSA raises is

“in relation to the import of food from the EU … To enhance levels of assurance on higher-risk EU food like meat, dairy and eggs, and food and feed that has come to the UK via the EU”.

Sustainable Farming Incentive Grants

Baroness McIntosh of Pickering Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Benyon (Con)]

I do not accept that there has been a delay, with respect to the noble Baroness. We are tapering out the basic payment scheme—which is understood right across this House as being bad for both the environment and farmers, particularly smaller ones—and replacing it with a scheme through which farmers are starting to see how they can fill the gap created by that taper down. As things stand, the standards that we have published give farmers roughly between £22 and £60 per hectare. We are going to roll out another four standards next year, another five the year after and another five the year after that. There has been no greater degree of consultation in the history of Defra in terms of how we have engaged with the farming community here. This is an iterative process. We have improved the scheme as it has gone on. The response we have had from farming organisations and individual farmers has been positive.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend join me in paying tribute to tenant farmers? In north Yorkshire, 48% of farms are tenanted. The farmers have done quite well under the existing schemes. What will they benefit from under the new initiative? Most of it seems to be environmental and, of course, they do not own land.

[Lord Benyon (Con)]

It is absolutely vital that we have a strong tenanted farm sector in this country. It gives a plurality of land occupancy that encourages new entrants—that is, people who cannot inherit or buy land but can access farming. We have benefited from a really interesting report from my noble friend Lady Rock, which we are currently reviewing and which has more than 80 recommendations. We will respond in due course. Under the SFI, more tenant farmers can access this scheme than has been the case under previous schemes; this includes farmers with tenancies on a rolling, year-by-year basis. We have worked closely with the Tenant Farmers Association; we want to make sure that it can see a future in British farming in England.

Water Framework Directive

Baroness McIntosh of Pickering Excerpts

Thursday 24th November 2022 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask His Majesty’s Government what plans they have to maintain their commitments to water quality, currently provided for in retained EU law such as the Water Framework Directive.

[Baroness McIntosh of Pickering (Con)]

I beg leave to ask the question standing in my name on the Order Paper and draw attention to my interests as set out in the register.

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

My Lords, I too refer noble Lords to my entry in the register. This Government are committed to protecting and enhancing water quality. Reform of retained EU law will not come at the expense of our already high environmental standards. Our Environment Act has strengthened regulation since we left the EU. We have consulted on legally binding targets for the water environment, covering pollution from wastewater, agriculture, abandoned metal mines and reducing water demand. We are also the first Government to instruct water companies to significantly reduce storm overflows.

[Baroness McIntosh of Pickering (Con)]

My Lords, while I welcome that Answer, of course storm overflows are one of the later pieces that will come into effect. We are in danger of creating a perfect storm: building 300,000 houses a year with nowhere for the wastewater and sewage to be safely disposed of. Does my noble friend agree that the European water framework directive, the drinking water directive, the bathing water directive and others played a great part in the 1980s under Margaret Thatcher in ensuring the improvement of water quality in this country? Will he set out what the Government’s plans are, under retained EU legislation, to ensure that we maintain the highest environmental standards we possibly can, and that there will be no going backwards?

Genetic Technology (Precision Breeding) Bill

Baroness McIntosh of Pickering Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Lord, Lord Curry, and I echo his good wishes and warm welcome to my noble friend Lord Roborough. He may have claimed to be of imprecise breeding, but he demonstrated his knowledge of the subject and good humour. We look forward to having him on our Benches and making many such contributions in future. I congratulate my noble friend the Minister on bringing forward this initiative, but I am probably housed somewhere between the noble Lords, Lord Krebs and Lord Rooker, in that I think this is a good start to the debate today but it is a work in progress.

I do not entirely support the position taken by a number on our Benches, such as my noble friends Lord Jopling and Lord Lilley, as to why Europe was so cautious in pursuing the precautionary principle. A large part of that was demonstrated by those—in particular, the noble Lord, Lord Rooker—who referred to the general concerns put forward by consumers. I will be the first to confess that I approach this not as a farmer or scientist but as someone who potentially would like to see more food produced, to a better environmental and higher animal welfare standard, and to have such technologies rolled out across the world. As a very young lawyer, I was involved in Brussels in the early 1980s with Monsanto as a client, which obviously had a great vested interest in this field.

The mistake that successive Governments have made is in failing to bring the consumer with us in this regard. It is difficult to understand entirely what the difference is in the law. In introducing the Bill, my noble friend pointed out that it would create a simple new regulatory regime for precision-bred plants and animals. It will also introduce two new notification systems, for research and marketing purposes, and enable the development of a new science-based authorisation process for food and feed products derived from precision-based organisms.

I am so sorry that the noble Lord, Lord Rooker, did not receive the letter from the Food Standards Agency. I am sure I am not the only one who received it but will gladly share it with him afterwards. One issue we have to resolve is whether it is sufficient to have a public register such as that proposed, which was endorsed by the noble Lord, Lord Krebs. I do not believe it is sufficient. I wait to be convinced, which is the purpose of this debate, along with Committee and the other stages of the Bill. If I am a consumer who does not understand the process, why should I have to go to a public register on a database and put myself through those paces?

It would be interesting to see how other countries do this. I do not know whether Denmark, where half my family are—I am also of imprecise breeding—is very keen on this, but I am a big fan of labelling. The Danes are very big on that in most consumer issues, whether it is food, medicines or even beer. I would like a very good explanation from my noble friend the Minister and the Government as to why we are resisting labelling at this stage. If it is so good, as we are hearing, and if precision-breeding technology has so much to commend it, then it is incumbent on us as legislators to ensure that the public and consumers are made aware of it.

I had the honour to serve with the noble Earl, Lord Stair, on the EU sub-committee on the environment when we were still part of the European Union. Another immediate problem which clearly arises, and to which he alluded, is that the Bill applies only in England. I entirely support the sentiments expressed by the noble Earl that further work with devolved Parliaments is required. I am not sure whether this was at Second Reading but, as those who follow the proceedings next door may know, the Scottish National Party has clearly stated that it would oppose the Bill as a result of its impact on Scotland. I am grateful to the House of Lords Library for its excellent briefing and for setting out this quote at page 13. The SNP spokesperson, Deidre Brock, said:

“If the Scottish Parliament refused to allow gene-edited crops to be planted in Scotland, we would still be prevented from stopping GMO products from being sold in our shops under the devolution-violating United Kingdom Internal Market Act 2020 … The SNP is committed to ensuring that Scotland operates to the highest environmental standards, and that we protect and enhance the strength of Scottish agriculture and food production. If we end up with unwanted gene-edited products in Scotland, diverging standards with the EU could cause further damage to our sales, risking damage to Scotland’s reputation for high-quality food and drink.”—[Official Report, Commons, 15/6/22; col. 384.]


My noble friend may well say in summing up that Scotland has got it completely wrong and that we are all getting unnecessarily confused between gene editing, GMO and precision-breeding technology, but that, effectively, makes the point for me. As soon as we keep changing the terminology, the public get even more confused than they might have been at the very start, in the 1980s, when this was first debated in the European Union.

I want also to draw attention to concerns raised by two other bodies, one of which is the British Veterinary Association, of which I am, I think, an honorary fellow or associate. My interest is listed in the register, and I stand by what I have declared there. The BVA has raised a number of concerns, to which I hope my noble friend will respond when he sums up. It accepts that gene editing has the potential to contribute to producing abundant, safe food and in doing so play a role in reducing the environmental impact of a growing global population. However, the BVA says that, as gene editing is relatively new, it is difficult to quantify the risks, particularly in relation to unintended outcomes and the longer-term impact of unintended changes. I hope to hear some more on that. In particular, will my noble friend agree to prioritise animal health and welfare, and food safety, through proper regulation of gene-edited organisms; to enshrine a reporting function in the Bill; and to provide for the transparent labelling of food derived from gene-edited organisms, to which I referred earlier? It is true that retained EU law requires that all gene-edited organisms be classified as genetically modified organisms, so I am not sure whether EU retained law being replaced is part of the forthcoming Bill, of if this is a stand-alone Bill in its own right.

Secondly, the BVA refers to the fact that the EU regulates gene-edited organisms based on process, rather than outcomes, as a number of noble Lords have mentioned. Moving away from what is a very well understood, highly regulated environment to one that involves light regulation or no regulation at all has to be done sensitively, and the public have to be kept informed. I look forward to hearing my noble friend’s response to the BVA’s concerns.

Then, there are the concerns raised by the Royal Society, which is generally recognised as being a relatively august body. It has two concerns with the approach adopted in the Bill, one of which is that it is perpetuating the technology-based approach to regulating GMOs, which is not justified by the scientific understanding of risk and is not future-proofed against new breeding technology. I should be interested to know how my noble friend and the Government respond to that. It also feels that the Bill’s approach leaves out genetic technology products that depend on the movement of genes between species, which could have major societal and environmental benefits—for example, nitrogen fixation in wheat—subject to the overly generous GMO framework. The Royal Society proposes that any future GMO regulatory framework should include greater scope for public deliberation on the acceptability of the purposes for which genetic technologies have been used.

I am adopting a cautiously optimistic approach to the Bill, but I look forward to my noble friend’s response to my concerns and those of others that I have raised. What may well not cause problems in large areas such as North and South America and Africa could pose very real problems for this country and the devolved parts of it.

Sewage Discharges

Baroness McIntosh of Pickering Excerpts

Monday 14th November 2022 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness is usually much more devastating in her attacks than that. She knows that 2050 is a date by which we hope to see the problem completely resolved. We are going to move very fast on many of the areas where the problem is greatest. As for the idea that we are going to continue to leave this to future generations, that is not the case. The Environment Act is one of the most progressive pieces of environmental legislation anywhere. It has water quality at its heart. The drainage and wastewater management plans will be reviewed again in 2027 to see if our ambitions are being fulfilled. We can change them with government direction through the water regulators, the Environment Agency, Ofwat and the Drinking Water Inspectorate, to make sure that we are getting this problem sorted. It is not a question of making a decision between people gluing their fingers to a road and solving this. This is a problem we can solve now, and we are doing so.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend agree that water running off the roads into the combined sewers is contributing to sewage going into watercourses? Will he make sure that the highway authorities are held responsible for rainwater run-off?

[Lord Benyon (Con)]

My noble friend makes a good point. The recent outflow at St Agnes in Cornwall, which rightly had a lot of publicity, lasted for 10 minutes, and there may have been some sewage in it. After 12 hours of rain, the vast majority was probably soil run-off from farms and run-off from roads. We are bringing in measures to continue to improve farming policy and soil management, and we are putting a lot of resources into this. But she is absolutely right that highways authorities and others have responsibilities to make sure that we look at this holistically, not just in one particular sector.

Avian Influenza

Baroness McIntosh of Pickering Excerpts

Thursday 3rd November 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I will pursue with my noble friend the Minister the question of what is happening in Scotland. There is deep unease that Scotland is not following the same measures as England. Will he keep this under review and use his best offices in that regard? The noble Baroness, Lady Bakewell of Hardington Mandeville, referred to the impact of migratory birds. How can we prevent the spread of wildfowl entering the system in future years?

[Lord Benyon (Con)]

We have a devolved system of government, and the Scottish Government have this decision in their hands. They will be talking to the Scottish NFU, Scottish research establishments and other interests in Scotland while making their decision. As I said, we are consulting them on a regular basis. On my noble friend’s second point, migratory birds are the reason this disease came to this country. It is a tragedy that is very hard to control because migratory birds are coming from all over Europe and beyond, and we now have the problem that the disease is within our own wild bird population. Whereas in the past it started to flare up at this time of year and more or less ended towards the end of February, it is now established in the kinds of species that I described earlier. All we can do is monitor this and see whether we can find areas of change. This is a flu—an influenza like many others—and, after a while, these viruses diminish in their effect, and great abilities to withstand their impacts start to occur. We must hope that this happens quickly. We are all united in this House in wanting this country to fulfil its desire to see no net loss of biodiversity by 2030, although factors like this make it more difficult. Nevertheless, these species can be extremely resilient: if we can get over this, their numbers can start to recover. I assure noble Lords that we are monitoring this carefully.

Water Companies: Pollution

Baroness McIntosh of Pickering Excerpts

Wednesday 2nd November 2022 Lords Chamber

[Lord Benyon (Con)]

I take what the noble Baroness says about the level these sanctions are set at. If she thinks that there are areas that could be improved on, we will work with Ofwat to do that. She talks about this as though it is the only area of enforcement. Where water companies have failed to achieve their environmental standards and illegally pumped sewage into rivers, enormous fines have been applied, which have had a dramatic impact on the amounts of dividends that they have been able to award.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend estimate for the House the contribution that the 300,000 new houses being built will make to the problem? When will we have an end to the automatic right to connect so that we will have antiquated, antediluvian pipes replaced with modern pipes that can actually take sewage from these new houses?

[Lord Benyon (Con)]

Enormous amounts of money have been spent on new water infrastructure, but sewage companies are responsible for the maintenance and resilience of drainage and wastewater networks. To address current and future pressures on drainage networks, we are making drainage and wastewater management plans statutory through the Environment Act, so they will be consulted. They have to put these forward as a legal measure to ensure that they take into account the pressure of new housing.

Environmental Targets

Baroness McIntosh of Pickering Excerpts

Monday 31st October 2022 Lords Chamber

[Lord Benyon (Con)]

My Lords, I think there is a collective clunk of realisation of what it would actually take to replace that. That legislation was created for an environment that goes from the Arctic to the Mediterranean. I am sure she understands, being the expert that she is, that it is a bit clunky when it comes to dealing with the bespoke environment of these islands. It can be improved, but in a way that is at least no worse for nature, and which preferably improves it.

[Baroness McIntosh of Pickering (Con)]

My Lords, that “collective clunk” took hours of time of the Minister’s department and both Houses of Parliament. Is he saying that, at the stroke of a pen, the Government are going to write off all the environmental protections that we spent hours in this place writing into retained EU law?

[Lord Benyon (Con)]

No, that is not what we are saying at all. Most of the protections we have are written into law in the Climate Change Act, the Environment Act and many other provisions that no Administration in recent months—of any form—have talked about trying to tamper with. The habitats directive and other measures are very important; we will not be able to hit our 2030 target for no net loss of biodiversity if we were somehow to sweep those away.

So, if we are going to get rid of them, we have got to replace them with something that is meaningful and bespoke for these islands, and that cannot be done overnight. The Government want to hit our target for 2030, our 30by30 target and many other measures that are written into the Environment Act. The directives we have transposed into UK law have got to be dealt with carefully and in a way that results in no net loss of benefit for the environment, preferably improving it.