Organics (Equivalence and Control Bodies Listing) (Amendment) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Tuesday 19th October 2021 Grand Committee

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

My Lords, for organic products imported from another country to be legally sold as organic in Great Britain they must be certified as organic by a third country or third-country control body that the UK has recognised as having equivalent or compliant standards.

The lists are currently contained within retained EU Commission Regulation EC number 1235/2008. Annexe III of this regulation lists third countries recognised as equivalent and gives the name and website of the competent authority for each country, along with a list of the control bodies operating in that country, their control body codes and websites. Annexe IV of the regulation lists third-country control bodies recognised as equivalent and gives the name, address, website, code numbers, applicable countries and approved product categories for each control body.

This statutory instrument was made to streamline the process of listing and accessing the details of the third countries and third-country control bodies that we recognise as compliant and equivalent for the purposes of UK organic regulations. The amendments made by this instrument do not constitute a policy change.

As the law stands, it would be necessary to pass a new SI to confirm recognition of a new country or control body, or for changes to existing recognition, such as changes to their name, website address or approved goods categories. With hundreds of organisations listed, this information can change frequently. When the UK was an EU member state, these changes were advised on by the European Commission and approved by representatives of the EU member states at the regulatory committee on organic production, not by the European Parliament.

Given the administrative nature of these changes, we believe that making numerous new SIs to reflect them would be disproportionate. The time taken to pass such SIs to update the lists would have a negative impact on trade in organics. Details held on these lists are necessary for port health authorities, local authorities and other relevant parties to ensure that the goods in question have been certified in a recognised third country or by a recognised third-country control body. The delay between the changes taking place and being reflected in legislation would result in discrepancies between the documents and legislation. This can cause disruption to trade, as even minor discrepancies may delay goods being checked at ports.

This SI will not alter the criteria according to which third countries and third-country control bodies are recognised. I would like to reassure the Committee that the process for allowing third-country products to be placed on the GB market as organic remains robust and follows highly technical criteria set out in the retained organics regulations: Council Regulation 834/2007 and Commission Regulations 889/2008 and 1235/2008. This SI simply seeks to move the lists currently referenced in legislation to the GOV.UK website, where they can be updated directly by officials. We will continue to uphold the high standards expected by UK consumers and businesses.

Our approach with this SI follows best practice in other policy areas, where minor amendments are made to lists on various topics without requiring an SI. For example, the register of protected geographical food and drink names, which determines what goods can be sold under particular names in GB, is updated by the Secretary of State on the advice of officials. These decisions are made by evaluating the merits of each case in accordance with criteria outlined in legislation. This change will also improve the accessibility of these lists for stakeholders by providing all the relevant information in a single location, removing the need to consult multiple pieces of legislation, a problem that stakeholders have raised in the past.

These proposed changes have been welcomed by stakeholders including UK port health authorities, UK organic control bodies—through the UK organic certifiers group—and the devolved Administrations at the UK organics four nations working group. International partners such as the United States Department of Agriculture have also welcomed the proposed changes.

The proposed lists on GOV.UK will be updated to reflect the terms of the trade and co-operation agreement, extending EU organic equivalence recognition until 31 December 2023 as agreed, without the need to pass an additional SI. Current UK legislation includes EU recognition only until 31 December 2021, so the lists will need to be amended before that date to be in line with the trade and co-operation agreement. If this SI does not pass, a separate instrument will be required to extend EU recognition to the end of 2023. If a new SI is not passed by the end of the year, that could cause a delay to trade and there would be a risk of political controversy.

A breach of our commitments under the TCA would potentially leave the UK open to retaliatory action from the EU, such as withdrawal of its recognition of UK organics standards, which would prevent GB organic goods from being sold in the EU. Given the importance of the EU market to UK organic producers, this would risk a severe impact on the sector and its contribution to the UK economy. The UK has committed to updating the lists of recognised third countries and third-country control bodies to reflect changes that occurred shortly before the end of the transition period but were not captured in the retained legislation. This includes adding, removing and amending some control bodies in Annexe III and Annexe IV.

Until this SI comes into effect, goods certified by those newly recognised control bodies risk rejection at the border and we also risk that goods certified by control bodies that are no longer recognised may enter the GB market. Delay to these changes would cause disruption to trade and risk a perception that we are in violation of our treaty obligations. Under the current terms of the Northern Ireland protocol, EU organics regulations continue to apply in Northern Ireland as they do in the EU. As such, Northern Ireland continues to use the list of recognised third countries and third-country control bodies in EU law and this SI will have no effect on trade in Northern Ireland. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to my noble friend for setting out the remit of the statutory instrument that is before us this afternoon. We have been greatly assisted by the 14th report of the Secondary Legislation Scrutiny Committee, which my noble friend will be aware has a number of outstanding concerns that I will raise.

Paragraph 7.5 of the Explanatory Memorandum says that

“instead of laying new statutory instruments for new recognitions or changes to existing recognitions, the law be amended”

in the way that my noble friend outlined. It concludes:

“This will save a considerable amount of officials’ and Parliamentary time and allow for greater speed in updating information.”


I do not think that Parliament has ever asked for less time to scrutinise legislation. As my noble friend will recall, when much of the legislation went through under the treaties and the Acts taking us out of the European Union, concern was expressed at the amount of parliamentary scrutiny that there would be.

My first question to my noble friend is this. Paragraph 10.1 specifically states:

“The changes to the listing of control bodies and third countries have been discussed with UK control bodies … and with the devolved administrations at the Organics Four Nations Working Group.”


I am interested to know whether that was just one meeting. Was there the opportunity for the devolved Parliaments and Governments to raise any concerns that they must have?

My noble friend will be aware that, in this very Room last week, the Common Frameworks Scrutiny Committee met to raise a number of issues. His department was mentioned, as there are, I think, 14 common frameworks that relate to it. I might be wrong, but I do not think that Parliament has seen a single one of those. Obviously, it is of great interest to us to see what has been agreed. I mention that as background. I would like to think that the Scottish, Welsh and Northern Irish nations have had the opportunity for both their Parliaments and Governments to raise any concerns that they had.

I turn briefly to the issues raised in appendix 3 of the 14th report of the Secondary Legislation Scrutiny Committee—the exchange of letters with our honourable friend Victoria Prentis, in the other place, as Minister for Farming, Fisheries and Food. The Secondary Legislation Scrutiny Committee has done the House a great service in pointing out its concerns. I would like to quote from the report:

“These Regulations replace a legislative process for updating a list of third countries and third country control bodies which are recognised as equivalent in relation to organic standards, with an administrative process.”


It concludes that

“there should be parliamentary oversight of updates to lists.”

Will my noble friend explain to us this afternoon why there is the need for such speed in this regard? Can he convince us that there has been proper parliamentary oversight of what was delegated to the Government to perform this?

The report goes on to cite a letter from the Lord President to the chairman of the committee, our noble friend Lord Hodgson of Astley Abbotts:

“I agree that it is important that Parliament has the opportunity to scrutinise significant changes in addition to streamlining processes to ensure that the regulatory system best serves the needs of British businesses and consumers.”


Obviously there was a long debate about equivalence at the time that the legislation went through. Noble Lords ought to know my admiration for the organic sector and its importance to the rural economy.

I conclude by again raising an issue that was raised by our noble friend Lord Hodgson of Astley Abbotts with our honourable friend Victoria Prentis. On page 30 of the report, the committee sets out again its concern that the decisions before us this afternoon have been removed from the oversight of Parliament by switching from a legislative to a purely administrative process. I am not entirely sure that my noble friend has set out the context for why we will not in future be able to look at these statutory instruments, albeit briefly, or why we are losing the parliamentary oversight, which seems to be the nub of the concern expressed in the 14th report of the Secondary Legislation Scrutiny Committee.

Fisheries Act 2020 (Scheme for Financial Assistance) (England) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Wednesday 21st July 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome the regulations and would like to pay personal tribute to my noble friend for all he has achieved for the country during his many years conducting fisheries negotiations when we were a member of the European Union. I particularly welcome the fact that, as he highlighted, there will be no gap in funding in the UK. That is greatly welcomed by the recipients, and by all of us as legislators.

I would like to press the Minister on a number of issues. As he said, this is one of the first set of regulations made under the Fisheries Act 2020. Will the total received be the same as under the previous funds administered through the EU scheme? Does my noble friend think that it might be expanded in due course? He is aware of my particular interest in and concern for inshore fishermen. Paragraph 7.3 of the Explanatory Memorandum states that, as my noble friend said:

“There will be benefits for coastal communities across England”.


I am sure that many, particularly in Whitby, will be keen for the recreational sea fisheries to which my noble friend alluded to be helped in this way.

The Minister is aware of my interest in inshore fishermen, who were disadvantaged under the previous fisheries policy. They hope to be advantaged greatly under the new arrangements not just by having more scallops but by having a quota for fish such as cod. I would be delighted to hear if that will be the case.

I welcome my noble friend’s saying that sustainability and innovation measures will be supported under the regulations. In the debate we had on fisheries in the previous EU Sub-Committee—my noble friend will doubtless have read the report—we looked at innovation and sustainability in some depth and reached a conclusion regarding the benefits of remote electronic monitoring. Will fishermen be able to apply for these funds and use them to install and operate remote electronic monitoring equipment on their boats?

We are obviously grateful to the Secondary Legislation Scrutiny Committee, which broadly welcomes the instrument, for its report. It received a submission from ClientEarth criticising the instrument for not including provisions to make the payment of financial support conditional on the sustainable management of fisheries. I am slightly perplexed by the response from Defra, which is very general and not entirely specific. Exactly how will the Government deliver on their policy to drive meaningful change to increase sustainability, provide world-class fisheries management and support thriving marine management? My noble friend is better equipped than anyone else I can think of to deliver on that, and I would just like a little more meat on the fish bones this afternoon. I am grateful to him for bringing this instrument before us, so that we can ensure its safe passage before the Recess.

Animal Welfare (Sentience) Bill [HL]

Baroness McIntosh of Pickering Excerpts

Committee stage
Tuesday 20th July 2021 Grand Committee

[The Earl of Caithness (Con)]

My Lords, this amendment came to me when we were discussing the Environment Bill last week. I know that it is not drafted as well as it should be; I apologise to the Committee for that. I say to my noble friend the Minister, “Forget about the drafting. It is the principle of what I am trying to get at that is important here”.

Most of our conservation work to improve our biodiversity and wealth of species has been habitat-based. It has not been very successful because when we were in the European Union, and since our exit, the Government have not focused on the critical issue of management. Management requires human decision. There are some fairly easy examples to make about species and how people will react to them, but when you look at pests, people’s opinions start to vary and that perception could be translated into legislation. That is my concern here. Take deer, for instance. You can have lots of photographs and everybody will look at Bambi and ooh and ah, but deer are a pest that need to be controlled. We discussed this in the Environment Bill and there seemed to be unanimity there. It would be an easy species for a committee to make an emotional, rather than scientific, decision on.

One can get into more questionable species. What about rats and wasps? If you analyse what people think about them, they have less feeling for them and are much more prepared to allow proper pest control of those species than they are of some others. That is why local authorities have pest divisions that deal with wasps—I have had to use them—mice and rats. What about bedbugs? Until recently, they were fairly common in this country, and in lots of places they are sadly still common. People’s perception of a bedbug is not the same as their perception of deer or seals. We need to have a scientific basis on which to approach this matter.

We could turn to brown hares. Brown hares are on our biodiversity action plan and are rated an important species but, at certain times of the year, in certain parts of the UK, the hare is a pest, and there needs to be the ability to control it. The ability to control pests in the most humane manner possible was a great omission from the badger Act, and we are paying the price for that with the increasing amount of predation of ground-nesting birds by badgers. We have seen it with lapwings and curlews. I have given examples in the environment committee of the destruction of lapwing at the Game & Wildlife Conservation Trust farm up in Aberdeenshire, where the badgers have actually been photographed destroying the nests and reducing species as a result.

During debates on the Environment Bill, we came across the conservation covenants. These will be an important part of the Government’s policy on improving our biodiversity and species number, but, again, action needs to be taken with management in view, not just the habitat.

So, what I am getting at with this amendment is whether the Minister, when he gives the brief to this Committee, will include management and pest control as an important aspect for the animal sentience committee to take into account so that the policies it comments on and the position it urges the Government to take do not contradict with the Government’s well-intentioned position on conservation, biodiversity, crop production and human health.

I have talked mostly about conservation and biodiversity, but I would like to give an example that was raised during the debate on the Environment Bill by my noble friend Lord Lucas, again on deer. It was about a wood that the RSPB looked after in Dorset. The RSPB got round the problem of the deer by fencing that bit of wood so that the deer were no longer a problem. However, that forced the deer on to the neighbour’s land —this is pretty bad management—and the devastation of the crops growing on the adjacent farmland was much more intense because the deer were not allowed into that bit of woodland.

As usual, there is a balance to be struck in all this. I hope that my noble friend will be able to make some comments on this. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for the opportunity given by my noble friend Lord Caithness in moving his Amendment 35A to probe my noble friend the Minister and the Government a little bit more on the cross-departmental responsibilities of the animal sentience committee. I also want to explore what the relationship will be within Defra and the relationship between existing legislation and soon-to-be legislation in the form of the Agriculture Act and the Environment Bill, the latter of which my noble friend Lord Caithness referred to. We spent some time in the first day of Committee on the amendments looking at pests—particularly deer, badgers, bats, grey squirrels and insects—and sentience. It begs the question: are insects to be treated as sentient beings within the remit of this Bill?

Animal Welfare (Sentience) Bill [HL]

Baroness McIntosh of Pickering Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

[Baroness Meyer (Con)]

My Lords, I will speak to Amendments 24 and 30 in the name of the noble Lord, Lord Howard of Rising, to which I have added my name. However, before I do, I must ask again, as several noble Lords have done before me, whether the Bill is necessary. Do we really need sentience to be recognised explicitly in UK law at all? Animal welfare laws in the UK date back to 1822. Successive Governments have also recognised that animals are sentient beings, and have done so both prior to and since our membership of the EU. Furthermore, welfare laws in this country go far beyond the minimum standards set by the EU. It is therefore unclear why putting the fact of animal sentience into law would achieve any substantive improvement in animal welfare.

The Bill also wants the Government to have “all due regard”. It is unclear how adding “all” does anything other than create a means for potential conflicts. Will the Government be found to have had due regard but not to have had all due regard? Why “all due regard”? Does it mean that, from now on, all legislation will need to be amended to insert “all” before “due regard”? More importantly, what does “all due regard” mean? How can one prove to have had all due regard? Is not due regard sufficient? Legally, “due regard” is defined as giving fair consideration and sufficient attention to all the facts, so adding “all” can create only more confusion. It is otiose, serving no practical purpose or result.

That is why I support these amendments, as I do Amendments 25 and 34, although I will not repeat what the noble Lord, Lord Howard, has already pointed out to explain why they are also necessary.

[Baroness McIntosh of Pickering (Con)]

I support many of the amendments in this group but will speak specifically to Amendment 3 in the name of the noble Lord, Lord Trees, and Amendments 16 and 35 in the name of the noble Earl, Lord Kinnoull. I regret that the department and the Government have failed to make a case for the need to go further than what we had already agreed and accepted historically from our membership of the European Union. I do not think that that case has been adequately made. Also, I am struggling to understand why we need to create a whole new committee, which we are seeking to do in Clause 1: the animal sentience committee.

As probing amendments, the entire group will be helpful to enable my noble friend in summing up from the Front Bench to explain why the animal sentience committee needs to exist at all and why it could not either be absorbed into or be a sub-committee of the Animal Welfare Committee. The whole relationship of how those two committees are to coexist needs to be given some justification, and some consideration must be given as to how that will work.

The attraction of Amendment 3—coming from the noble Lord, Lord Trees, who is steeped in working with animals and qualified as a veterinary surgeon—is that it is a prospect, looking ahead, and not retrospective. The explanatory statement

“makes clear that the Committee’s remit relates to the process of the formulation and implementation of policy but only that which has been formulated and implemented after the Committee’s formation”.

That leads very neatly on to Amendments 16 and 35 in the name of the noble Earl, Lord Kinnoull. Amendment 16 would set out what is generally understood to have been the remit to which we had all agreed; I have not heard any strong case as to why we need to go further than that which we had already accepted and practised in this country for the last number of years. Amendment 35 again underlines the effect that this would be only prospective and that the Bill and the remit of the committee would not seek, in any shape or form, to go back over and address issues that have been agreed as our policy in this country for a significant period. With those few remarks, I look forward to what my noble friend has to say in summing up on this group of amendments.

[Baroness Mallalieu (Lab) [V]]

I remind the Committee of my interests, as set out in the register. My name is down to Amendment 54 in the name of the noble Lord, Lord Forsyth, in this group, but I also wish to support a number of others—in particular Amendment 1 moved by the noble Lord, Lord Hamilton, as well as Amendment 3 proposed by the noble Lord, Lord Trees, and Amendment 34 proposed by the noble Lord, Lord Howard of Rising.

At the start of the Bill, I am still mystified as to what the Government want it to do, because so little of the essential detail is contained in it that the end result could equally be a damp squib or a bolting horse which this and successive Governments will come to regret having mounted. Surely it is not good enough to say that the deficiencies apparent in the Bill will be supplemented later by guidance. Proper parliamentary scrutiny is necessary—indeed, essential—not mere guidance, which can be changed at the whim of any future Secretary of State, so I strongly support Amendment 1.

The Government have got themselves into this unenviable position by declining, as others have said, to incorporate the policy that was covered by the aspects of the Lisbon treaty into our law, which would probably have been the sensible course. Their first attempt at a Bill was wisely withdrawn when it was pointed out that they were laying themselves open to multiple and expensive judicial reviews. I am a mere retired criminal barrister; others are involved in this Committee who are far better qualified than I am in relation to this aspect of the law but, if the department has been advised by its lawyers that the Bill poses no such threats, I would strongly advise an early outside expert opinion.

There is a long list of what we need to know from the Minister at this stage of this Bill. First, we need to know what animal sentience actually means in the Bill; we need a clear definition—and I support the one advanced by the noble Lord, Lord Forsyth, when he spoke at Second Reading, which is contained in Amendment 54.

Secondly, we need to know the remit of this committee. Do the Government really want to set up a running post-legislative scrutiny committee, or do we follow the line sensibly taken by the noble Lord, Lord Trees, in Amendment 3, which suggests that the committee should concentrate solely on policy that comes into effect after the committee is established? If it is to roam across every government department and every policy, which would include aspects of defence, medicine and trade, quite apart from agriculture, it has the makings of a giant and very expensive quango. Does it pick up and choose for itself what it examines? How many reports would it have to produce in a year, if that were the case? Can it commission research in itself—and, if so, who is going to pay for it? This has already been mentioned by the noble Lord, Lord Howard, but does the policy have to be delayed while all this is done? All these questions need answers before something is created which could easily run out of control. There must be a clear remit of what it can do, a proper means of setting a programme, and a proper budget to cover it.

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My concern is that, as the Bill is currently drafted, the animal sentience committee will not be able to achieve much and that Parliament will have missed a vital opportunity to make the lives of millions, possibly billions, of animals better. In the previous group, we heard noble Lords use particular phrases about why animal sentience is not in our legislation. Somebody said it just fell out and somebody else said it was dropped by accident. To me, that is a rewriting of history, because I remember that the Government took it out deliberately. There was such an outcry from the public and Peers that the Government realised they had to do something about it, and this is their way of doing that. So let us help the Government make sure that this Bill is the best Bill it can be.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Baroness, and I support my noble friend Lord Forsyth in his desire to understand the relationship between this committee and the Animal Welfare Committee. I raised that both at Second Reading and in connection with the first group of amendments, so I hope that, now the formal Amendment 2 is on the table, my noble friend will respond vigorously to our need for more information on that.

The Minister said very clearly that there are only two responsibilities on the Government in relation to this committee. The first is to give written responses to the animal sentience committee reports and the second is to appoint and maintain the committee, yet the Bill, as currently drafted, is woefully thin on detail. The details on this are missing.

I am delighted to come forward with Amendment 13, which is a standard text for a number of bodies set up by the Government in earlier legislation. It replicates a similar text that set up the Trade Remedies Authority in the context of the Trade Act, and is intended to be entirely helpful. Bear in mind that the Government are asking this committee to have a cross-cutting role, yet the department itself is meant to have a cross-cutting role in rural proofing all policies across all departments. Take, for example, the importance and impact of the Covid-19 pandemic, in particular on the National Health Service, local hospitals and the Department of Health and Social Care, and the importance of rural policy in the general work of all local authorities, and in relation to transport and housing policy; I am not entirely convinced that we have seen the rural-proofing I would hope for from the Department for Environment, Food and Rural Affairs.

My question to my noble friend is: why has this policy of animal welfare sentience been taken a step further, to be preferred over the role the department has on rural-proofing? Why is it farming it out to a separate committee on animal sentience? It would be helpful to see why that is.

As my noble friend Lord Hamilton said in summing up the previous group of amendments, it would be extremely helpful to see what funding will be allocated to this committee. In particular, when are we going to learn what resources the committee will have? How many staff will it have and how will they be appointed? Will it be for the chair of the committee to appoint all the staff or will that be delegated to a chief executive? In particular, in proposed new subsection (17) in Amendment 13, I have said:

“The Secretary of State may by regulations make other provision about the Animal Sentience Committee including provision about … staffing … remuneration of members and staff … delegation of functions … funding … accounts and reporting.”


My understanding is that the autumn spending review —which I think will take place this year—is going to be extremely strict and will look at all departments, controlling and curbing their current expenditure. What reassurance can my noble friend give us today that, in seeking to set up a new body in the form before us this afternoon, it will actually have the resources that, in his view, it will need to do that work?

I am slightly disappointed—in fact, more than slightly disappointed; hugely disappointed—that my noble friend has simply stated that an estimate will be provided to us at an appropriate juncture. I would argue to my noble friend that that appropriate juncture is now. We are being asked to approve in Clause 1—which we shall come on to consider separately—that it will have the appropriate resources and the appropriate staff and will be able to carry out all the work appropriate to its function. I regret to say that I remain to be convinced but I hope that I will be proved wrong in the summing up that my noble friend will give on this group of amendments.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is a very important group of amendments, which seeks in some cases to dictate which organisations and people should be on the animal sentience committee and for how long they should serve. I have added my name to Amendments 5 and 14, both in the name of the noble Baroness, Lady Hayman of Ullock.

Amendment 5 seeks to benefit from a diversity of expertise on the ASC, including veterinary science, agricultural science and ethical review and provides more flexibility to the Secretary of State. It is likely that some members of the committee will have more than one area of expertise and a membership of between eight and 11 is not unwieldy. It is important that the committee is not bogged down with too many members. The more members there are, the longer the meetings are likely to last and the less likely it is to reach a satisfactory conclusion in a reasonable timeframe. The amendment also ensures the appointment of a chair for the ASC by the Secretary of State. This dedicated chair role will allow the committee to speak with an established and independent voice, boosting its effectiveness.

I am not totally convinced that limiting the length of service of members to just one term of three years is satisfactory as this would lead to a loss of expertise. The members are likely to need a short time to acclimatise themselves to the working of the committee, and then to have to stand down at the end of three years and not be reappointed is, I believe, unwise. Some members may wish to leave at the end of three years; others will feel that they still have something to offer to the committee and want to do a second term. That should be an option for the Secretary of State. The Bill should not seek to fetter his discretion in the reappointment of the membership of the ASC.

Consultation on the appointment of the chair will be key to maintaining the confidence of organisations involved in animal welfare, especially if they are not likely to be members of the committee. The Wildlife and Countryside Link has a membership of some 51 organisations and NGOs. All will have a view on the membership of the ASC. Consultation with them and other interested parties will be key to the success of the animal sentience committee.

I will comment briefly on one other amendment in this group. I am afraid that I do not agree with noble Lords who wish the animal sentience committee to be subsumed into the Animal Welfare Committee. The public must have confidence in the work of the ASC. It is therefore essential for it to be a stand-alone committee with its own reporting regime and not merely a sub-committee of the Animal Welfare Committee, which already has a fine reputation and a heavy workload. A degree of separation is needed, and the Bill provides that.

I turn to Amendment 14 in this group. In order for the ASC to be successful, it will need an adequately funded secretariat and budget. This should be sufficient for it to carry out its work and to be able to call witnesses, should it feel that is desirable. I am sure the Government intend to provide funding for the running of this committee but, as others have said, there is nothing in the Bill that gives an indication that this is the case. I think I heard the Minister say, in his answer to the previous group of amendments, that there would be funding for a secretariat. I look forward to that assurance and to the Minister accepting this amendment.

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[Lord Moylan (Con)]

My Lords, there are two amendments in this group with my name on them. The first is Amendment 8, which is also supported by the noble Earl, Lord Caithness, and the noble Lord, Lord Hamilton of Epsom, and which goes to the question of the composition of the committee. I have some sympathy with what my noble friend Lord Forsyth just said, but I would like to develop a slightly different point on the basis of this. One can say that there is almost universal agreement across the Committee that this topic should be addressed in the Bill. The question would be what it should say, if there were questions of difference. However, I do not think there is support on the Committee for the idea that the Government should simply have a clear run and be able to make it all up when it suited them.

The proposal here is that at least 50% of the members of the committee should have recent commercial experience of animal husbandry, livestock farming, the management of abattoirs and the management of game and fishing stocks. It may be thought that this is a sort of ignoble attempt to stack the committee in one direction rather than another, but it is not at all. I want to make a rather different point.

We will have an opportunity in the penultimate grouping, whenever we get to it, to discuss the science and indeed the metaphysics of sentience. However, I want to make this point now, anticipating that. One can approach sentience as a neurological phenomenon: that is, the central nervous system of the animal, the brain and the other features work together to create something which can be tracked by way of the movements of electrical signals, changing chemical compositions and things like that. All that can be tracked to some extent by science. However, it is also the case that sentience as we talk about it is a lived experience; it is the experience of pain and the undergoing of suffering. We as humans, ourselves undergoing pain and knowing that suffering, can sympathise with it when we see it in animals, vertebrates and mammals—different classes of animal.

For us to understand and for a committee to benefit from a real understanding of sentience, it is terribly important that people who have a direct experience of working with the animals that are in the scope of the Bill should be fully represented on the committee. Otherwise, we risk the possibility that it simply ends up as a sort of neurological exercise, and the direct and lived experience of sentience is ignored by the committee as it is packed with all these scientists. That was the point I wanted to make about that. It is not a question of stacking the committee but of trying to understand what sentience is and how we translate it into policy.

While the Minister wants to move away from this topic, and I understand that, he must realise by now that, given the almost total absence of any definition of what the committee is doing or any constraint on its activities, the question of who is sitting on it is about 90% of the meat of the Bill. Therefore, it is not possible for him to carry on brushing this away.

My second amendment, Amendment 9, concerns the term limit. Again, there seems to be almost universal acceptance that the Bill should impose some term limits on the membership of the committee, and there seems to be a sort of consensus that three years is a good idea for a term. If there is a matter of difference, it is simply on the question of whether it should be non-renewable, which is what my amendment says, or whether it should be perhaps renewable for one single further term, as the noble Baroness, Lady Bakewell, said. I am sure that some consensus on that point can be achieved by the Committee, even if the Government themselves do not want to do so. That was simply the second point; it is a sensible amendment, and I hope that the Government respond to the widespread views on this topic in the Committee.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow my noble friend. There is some coalition of thought behind his Amendment 8 and my Amendment 10. I have known my noble friend the Minister for a substantial number of years and we served together on the Front Bench in opposition. He is not normally this shy in coming forward and sharing details with us; he is normally only too keen to pay tribute to the excellent department in which he finds himself. I am delighted to see him back in his place.

The purpose of Amendment 10 is to tease a little out from my noble friend. I know he is reluctant to, but he could share a little soupçon of who he imagines will be on the committee. I hark back to what my noble friend Lord Marland said in connection with the first group of amendments, and the pressures and challenges facing farmers. I echo that and pay tribute to their devotion to livestock and animal rearing and their sense of animal husbandry. They feel they are facing an onslaught from the department and this Government, the likes of which we have never seen before under a Conservative Government. I hope my noble friend gives some reassurance to the Committee that he imagines the animal sentience committee will at least have a veterinary surgeon, an active farmer or person with knowledge of livestock production or land management, and a person with knowledge of slaughterhouses.

I pay tribute again to my noble friend Lord Moylan, who managed to extract the animal welfare policy paper, which seems almost to be shrouded in mystery. If the Government really wanted us to share the enthusiasm they no doubt feel for this Bill—which at the moment is fairly weak on my part—surely they would shout this from the rooftops or at least pay passing reference to it in the context of the Bill before us. With those few remarks, I hope the Minister will look favourably on the plea to see the three categories I have set out, in addition to those set out by my noble friend Lord Moylan, appear in some shape or form when the committee is set up.

[Lord Sheikh (Con) [V]]

My Lords, I was going to speak in favour of Amendment 10, particularly relating to the appointment of a person with knowledge of slaughterhouses. I feel there is no need for me to do so, in view of the assurances given by my noble friend the Minister that there will be no interference in the continuation of religious slaughter practices. I am grateful to my noble friend for giving these assurances.

--- Later in debate ---

Moved by

[Baroness McIntosh of Pickering (Con)]

7: Clause 1, page 1, line 5, at end insert “for a period of three years”

[Baroness McIntosh of Pickering (Con)]

I will move Amendment 7 briefly. I have listened carefully to what my noble friend has said in response to other debates and I accept his request for flexibility, rather than having something set out prescriptively in statute. But I cannot think of another committee or Bill that has been set up without us having any indication, at all, of how long the periods of appointment will be and whether they will be renewable. Is he asking the committee to give the chairman complete carte blanche to make these appointments? I accept that he wishes to consult the chairman on them, and accept his confirmation that public appointments procedure will be followed. It would be surprising if he said anything different to that.

Clause 1(2) states that

“The members of the Committee are to be appointed by the Secretary of State”,


and no more than that. Can the Minister give an indication of the period of appointment and the reason why there is no consistency? Why is Clause 1 completely silent on whether it will be for three or five years, and whether it will be renewable?

Secondly, we should in mind that my noble friend Lord Caithness established earlier that there is no longer a rural affairs commission or committee. I do not think that was set up by statute, but was a creature appointed internally by the department. Perhaps my noble friend would be good enough to confirm that. But what is his estimate for the life of the animal sentience committee? Does he envisage that it will last for three or five years? If it is being set up by statute, will it then need to be disbanded by statute, if that is the wish of the Government? It might be a future Government down the line; it may not be this Government or the Minister in situ. What is his view of the life of the committee? Having been created by primary legislation, would we need another Bill to disband it in future?

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

The noble Lord, Lord Hamilton of Epsom, has withdrawn from this group, so I call the noble Lord, Lord Howard of Rising.

--- Later in debate ---

[Baroness Mallalieu (Lab) [V]]

My Lords, I think there are crossed wires. I certainly do not want to extend matters; the email that I sent to the clerk was asking to withdraw from making three further points for which I had put down my name. I have no further questions for the Minister on this one.

[Baroness McIntosh of Pickering (Con)]

I should remind the Committee of my declaration of interests in this area—sadly, none of which are remunerated, but I am very grateful to have the honorary positions as set out in the register. I also wanted to thank the noble Lord, Lord Carrington, for his support on the earlier group, and for setting out so eloquently the reasons why it is necessary to have candidates of calibre and experience across the piece.

I am grateful to the noble Lord, Lord Marland, for suggesting that perhaps we could bend the Minister’s ear in a more face-to-face and private way. I express disappointment that there is a clear lack of consistency in the detail in the Bill and, I regret to say, in the response from my noble friend the Minister. There is some merit in the idea put forward by my noble friend Lord Howard of Rising of a sunset clause in connection with this part of the Bill. But we will have other opportunities to explore that later in the proceedings and on Report. For now, I beg leave to withdraw the amendment.

Amendment 7 withdrawn.

--- Later in debate ---

Debate on whether Clause 1 should stand part of the Bill.

[Baroness McIntosh of Pickering (Con)]

In view of the debates we have had all afternoon, I am not entirely convinced that Clause 1 should form part of the Bill. I realise that we cannot put the question at this stage, but I hope the Minister will put my mind at rest on this before we leave Committee.

In the Explanatory Notes, which are meant to add a bit of flesh to what we consider to be a skeleton Bill, we are told:

“This clause requires a new committee … to be established and maintained.”


We have not focused too much on how it will be maintained. My noble friend the Minister rather glossed over the fact that resources must not just be allocated but kept under review and, obviously, updated. He did not respond to the point I and others had raised about the onslaught: all the spending of all departments will be kept under strict review—my noble friend Lord Caithness raised this as well.

We are then told, as we have rehearsed this afternoon, that the Secretary of State will “establish and maintain it” and will

“take reasonable steps to ensure that the Committee, once established, remains extant and has the resources necessary to conduct the business specified in this Bill.”

I am grateful to my noble friend for confirming that if the Bill is passed, it will take a further Bill for the animal sentience committee to reach its end of life.

We then consider the fact that

“the members of the Committee will be appointed by the Secretary of State. Standard public appointments rules apply to appointments made by the Secretary of State (e.g. a fair recruitment process is required).”

That begs the question of who will be the judge of whether the recruitment process is fair. I presume my noble friend will confirm that it will be for the appointing panel to set that out.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)]

Just to be clear, it is not within my powers to strike anything from Hansard. I call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

I am grateful to all who have spoken in this debate, particularly those who have expressed their support: my noble friends Lord Moylan and Lord Howard of Rising. My noble friend Lord Moylan is very brave to take on the noble Baroness, Lady Jones of Moulsecoomb—I call her my noble friend—and I am sure that we can all get together and make up afterwards.

I listened very carefully to what the noble Baroness, Lady Hayman, said about there being no appetite on her Benches to support the deletion of the existing Clause 1. My noble friend Lord Forsyth pre-empted what I was going to say. It is customary to invite my noble friend the Minister to come forward with government amendments at this stage—I say so because I fear that the overwhelming mood of the Committee this afternoon is that we stand prepared to do our work of scrutiny extremely carefully, and I do not think that we take kindly to the fact that this will be delegated to a body the complexion, remit and resources of which we are as yet unaware. I urge my noble friend to meet us and come forward with appropriate amendments before we reach the next stage—but I withdraw my opposition to Clause 1 at this stage.

Clause 1 agreed.

Livestock Feed: Processed Animal Protein

Baroness McIntosh of Pickering Excerpts

Tuesday 6th July 2021 Lords Chamber

[Lord Benyon (Con)]

The EU made this announcement in May, but it had been under discussion for a long time—even when we were an EU member. It does not affect trade in Northern Ireland or in this country, because our current standard is the same as the EU’s. The EU is changing that standard, but it remains considerably higher, covering countries around the world from which we receive meat imports. This issue is not affecting the Northern Ireland protocol or any other aspect of trade with Northern Ireland. We have ongoing discussions about it with the EU at a scientific and animal health level, and will continue to do so.

[Baroness McIntosh of Pickering (Con)]

What does my noble friend think will happen to our meat exports from the UK to the EU, at a time when we may import meat from countries, such as Australia, which use hormones to produce beef and other methods that we do not accept here and are not accepted in the EU? Would it not be better, at this stage, to agree an SPS system similar to that agreed between New Zealand and the EU, to make sure that we can export meat to the EU?

[Lord Benyon (Con)]

I entirely understand the point my noble friend makes, but we must not conflate issues relating to trade agreements with this particular issue. We have the highest standard here, which was brought in in a very precautionary way, at the time of a terrible disease. Science, and our understanding of this disease, has changed. Our ability to track where processed animal proteins come from allows for a change in policy. We have not taken that step yet, but we will consider it in due course with all the evidence. We must not conflate it with the trade issues that are so important to your Lordships.

Animal Welfare (Sentience) Bill [HL]

Baroness McIntosh of Pickering Excerpts

2nd reading
Wednesday 16th June 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow my noble friend and contribute to this debate. I declare my interests, as on the register. In particular, I am a member of the rural affairs group of the Church of England and an associate fellow of the British Veterinary Association. I am also a former Member of the European Parliament and had the privilege to chair the Environment, Food and Rural Affairs Committee in the other place.

I approach this from much the same viewpoint as my noble friend Lord Inglewood. There is a voice in this debate that has not been properly heard, so far—that of the producer, farmer or carer of livestock. I pay tribute to and recognise the role of farmers in rearing livestock. They not only practise good husbandry but realise that, if they stress the animal, either just before slaughter or at any time in its production, they will simply not achieve the value for that animal that they believe they deserve. I hope that my noble friend from the Front Bench confirms that their voices will be heard in the passage of this Bill.

It is not just their responsibility to see to the welfare and good husbandry of animals in their care as, over the last 30 years, they have faced real challenges with animal health and disease. We have had a challenge almost every 10 years, with BSE, foot and mouth, and most recently a fraud, but it could so easily have been a safety or health issue, in horsegate. I hope my noble friend and the Government pay tribute to the role of farmers and producers, in this regard.

I express a personal reservation, having looked at some of the contributions to the Government’s consultation on aspects of the animal welfare reforms they seek, especially on the extra provisions we are going to impose on the movement of animals at home and for export. We are going to accept animals that have been transported over much greater distances, such as in Australia, which are not practices that we condone. I will come on to that in a moment.

On the Bill before us today, I cannot argue with anything that was said by the noble Baroness, Lady Mallalieu, or by my noble friend Lord Forsyth and others. The Government have to convince us of the need for this Bill. As the noble Baroness, Lady Mallalieu, said, we have to be careful that this is not seen as “gesture politics”.

On the composition of the committee, I am struggling to understand why it cannot be formed as part of, or a sub-committee of, the Animal Welfare Committee, as other noble Lords have argued this afternoon. It is also very light on what the composition of the committee will be. Who will sit on it? Will there be a veterinary surgeon? I am surprised that the noble Lord, Lord Trees, did not make that case. Will there be somebody with a background in animal husbandry, production or animal slaughter to give a verdict on some of the proposals in the reports? What resources will be made available to the committee? Who will staff it and how independent of the Government will it be? Crucially, how long will each appointment to the committee be, who will chair it and how many members will there be?

As my noble friend Lady Hodgson said, the relationship between this and other committees is crucial, in particular with the Trade and Agriculture Commission and the Animal Health and Welfare Board. From my reading of the Bill and Explanatory Notes, there is going to be some overlap. What will the status of the reports be, how transparent will their drafting be and how open will their consultations be? Will the Government be forced to accept the recommendations in those reports?

How will the Government seek to ensure that my noble friend and the department have this cross-departmental responsibility? I am slightly alarmed that we are giving them yet another cross-departmental responsibility, when they have woefully failed to implement the rural-proofing policy. My noble friend has a letter from me on his desk; I realise that he is new and I welcome him to his new position, but I hope that he replies soon. Why, for example, have we not had rural proofing across departments, as a precursor to what the Government expect to do with their cross-departmental responsibilities under this Bill? I ask what their role will be in extending this to other jurisdictions and place on record my belief that, as others have noted, this should reflect the contents of the Animal Welfare Act 2006 and the scope of Article 13 of the Lisbon treaty.

To conclude, it would be unacceptable if we were to take this opportunity to clobber our producers with yet more animal welfare and environmental provisions, when it looks likely that we will accept meat and other produce from jurisdictions such as Australia, which have practices such as hormone-produced beef and allow their animals to be transported for slaughter over distances that we would not condone in this country.

Food, Poverty, Health and the Environment Committee Report

Baroness McIntosh of Pickering Excerpts

Thursday 10th June 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I add my congratulations to the noble Lord, Lord Krebs, and all the members of the committee for the excellent work that they have done and the recommendations they have brought before us, and thank them for the opportunity to debate these issues today. I welcome back to this House the noble and right reverend Lord, Lord Sentamu; it is good to see him back in his new position and we warmly welcome him today.

I want to respond to some of the issues that have been raised, taking a more global and outward-looking approach. In particular, I am delighted that so much of the work done by the committee chimes with, as the noble Lord, Lord Krebs, indicated, the work of Henry Dimbleby in his report, which I will come to in a moment.

I always rise to the opportunity presented when my noble friend Lord Hannan of Kingsclere lays down a challenge, to which I shall respond. My noble friend said that free trade is a progressive cause. I would go further and say that it is a little like communism: it sounds excellent in principle but is very difficult to achieve in practice. He asked why a number of us, and I include myself in this regard, would like to see unrestricted free trade with the EU and no other trade with others. Of course, we went further than free trade: we were in a single market and a customs union. I am not quite sure why we have to keep repeating this, but that is the state that we are in. Why, as my noble friend asked, do I take that particular view? I am always mindful of my late mother spending her formative years under German occupation in Copenhagen having her freedom and liberty stolen from her, and I know that was experienced by the parents of many others across the Chamber. I believe that at the time, pooling our sovereignty was a very natural way forward.

Why do I see problems with countries such as Australia that my noble friend Lord Hannan does not foresee? It is very clear that Australia does not produce meat to the same high standards—which both my noble friend Lord Hannan and I, as MEPs at the time, were party to imposing—that our producers in this country have to meet. In my time, it was the sow stall and tether ban that we introduced unilaterally. That put 50% of pig producers out of business in this country, which I do not think was the intention of the law. Australia, regrettably, does not meet those high standards. It allows much longer distances for animal transport than we would possibly allow in this country or any other part of the EU’s remaining membership. It uses pesticides such as paraquat, which we have banned in this country and in the EU, and tolerates hormones in beef production, which not only do I find unpalatable but is something that I think British consumers will not tolerate. It is fair to say that these issues must be brought to the table when we discuss any free trade and lowering of tariffs with countries such as Australia.

Other reasons for us to do free trade with countries in the EU are that they are there, they are close, we have historic and cultural links, and environmentally it makes sense that we do not transport animals or wine halfway around the world. Our carbon costs are lower by trading with our near neighbours. I thought that was one of the principal policies of TTIP and why in particular the Pacific Rim countries trade so well together: they have a natural affinity and partnership there. That does not prevent us from doing deals with them, but we realise that there are additional costs that we will have to meet.

I am delighted that the report addresses issues such as self-sufficiency and food security. It also touches on the issue of Covid. I pay my tribute not just to those in the farming community who work extra hours in all weathers but to those working in supermarkets and the supply chains to make sure that the shortages that were much feared at the start of the pandemic never materialised. How the question of import substitution and increased self-sufficiency will play out now that we have left the EU is something that remains to be seen.

I understand from reports, notably in the Grocer, that the department has replied privately, sotto voce, to the interim National Food Strategy: Part One from Henry Dimbleby and his team. I urge the Minister—we have worked together before and I am delighted to see him back in this place—to ensure that the Government publish that and to endeavour to ensure that his department, as other noble Lords have pleaded, brings all the strands of the legislation together, particularly the Agriculture Act, the Environment Bill and the Trade Act, as well as all the benefits under the DWP, along with the Department of Health and Social Care, to make sure that we tackle food poverty and food security.

I pay tribute to those such as the Yorkshire Agricultural Society who do such good work in opening up the countryside to schoolchildren and indeed adults to demonstrate where our food comes from. What I regret in this debate more than anything else is the fact that towns, cities, market towns, countryside and rural life are further apart today than ever in my lifetime. I look at countries such as Ireland and to a certain extent Scotland and Denmark, where there is a very strong link with the production of food and the food industry. Even rural and urban France are not that close, but the food production industry and farmers in France are heard much more clearly than farmers would argue they are in this country. That is something we are very mindful of.

One policy that I am particularly worried about is the recent government consultation on animal movement. If that were to jeopardise in any way the ability of our farmers to get their meat to market or indeed the future of country shows, large and small, across the country, that would be a very regrettable move. I hope the Minister will take this opportunity to say there will be no legislation that could lead to any ban that would mean further difficulty in accessing abattoirs or that the future of our country shows might be in doubt.

I support the words of the noble Lord, Lord Krebs, by drawing on recommendations 5, 6 and 7 in the interim National Food Strategy: Part One from Henry Dimbleby and his team. It says very specifically that:

“The Government should only agree to cut tariffs in new trade deals on products which meet our core standards.”


That to me is key. Whether it is regarding animal welfare, animal health or environmental production, we must make sure that having—dare I say?—clobbered our farmers with these increased costs, which our consumers support, we do right by them by ensuring that any imported foods meet the same high standards.

The report says in recommendation 6 that:

“The Government should give itself a statutory duty to commission an independent report on all proposed trade agreements”,


and goes on to say that the timing is key. I record my disappointment that the new trade and agriculture commission is not in place at a time when many of these trade agreements are going through.

Finally,

“The Government should adopt a statutory duty to give Parliament the time and opportunity to properly scrutinise any new trade deal.”


If colleagues are right and free trade is the brave new world, why should we be shy about debating it? Let us look at the issues. Let us not bring them out at the last possible minute, but embrace them, scrutinise them properly and make sure that we do right by those who work in all weathers to bring food to our table—our forgotten heroes, the farmers and food producers of this country.

Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Baroness, Lady Ritchie, who was such an effective and distinguished member of the Environment, Food and Rural Affairs Committee in the other place. I thank my noble friend the Minister for introducing the regulations before us today and being so clear about how they will apply. I assume that this is a direct consequence of our leaving the European Union, as we are now being treated as a third country.

I am also grateful to the Agricultural Industries Confederation for its briefing and I have a number of questions—harmless, friendly questions, I hope—for my noble friend in this regard. How does the department expect to work with EU counterparts, both through the European Union and directly with member states, to balance the priorities of removing non-tariff barriers going forward, wherever possible, while minimising biosecurity and plant health risks? I entirely endorse the basis that he set out as to why the regulations are required.

As this is a new regulation, and following the concerns raised in the 50th report of the Secondary Legislation Scrutiny Committee, why did the department decide not to conduct an impact assessment in this case? I am led to believe by the Agricultural Industries Confederation, a trade association representing a UK agrisupply industry that has a farm-gate value of more than £8 billion, that most of the seeds, presumably for agricultural purposes, actually come from the European Union. So the fees to which my noble friend referred, some applying from June this year and some from March next year, will apply for the first time, as they have not been importing in any great measure from the rest of the world. As the noble Baroness, Lady Ritchie, asked, does my noble friend have a ballpark figure as to what the size of the fees, the scale and percentage of the fees on their costs, will be?

I notice that the Explanatory Memorandum clearly states that there was a consultation with the relevant trade bodies, including the National Farmers’ Union, the Horticultural Trades Association and the Fresh Produce Consortium. Was the Agricultural Industries Confederation consulted as part of the preparation for the regulations before us today?

I thank my noble friend and the department for delaying the introduction of the fees, in particular those on imports from the EU, because that indicates that my noble friend and the Government are aware that there will be an impact on the agricultural businesses concerned. I ask those few questions about how wide the consultation was and about the reasons for not undertaking an impact assessment. There is, in fact, quite a major change in that most of the seeds, as I indicated, are imported from the EU and so will not previously have incurred a fee, as not many seeds were imported from the rest of the world. How will my noble friend and his department seek to remove and minimise other potential non-tariff barriers wherever possible?

I also ask, from a personal interest, whether FERA, which was in my constituency for the last five years I was in the other place, has done any work on the consignments that have been identified as having a potential issue. I am full of admiration for the work it does. I realise that its status has changed and that it does some private sector work as well, but it would be good to know that it is still assisting the Government in this regard. With those few remarks, I bid the regulations well.

Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Monday 22nd March 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome these regulations and thank my noble friend for bringing them before us today. The Government have been as good as their word, as they promised to bring forward the details on this. This is obviously a landmark time, announcing the change from the old regime to public money for public goods. I hope my noble friend will permit me to raise a number of questions and to press him further in this regard. I echo what my noble friend Lord Caithness said about the work farmers do, particularly in the countryside and in the bad weather we have had this winter in the north; many go out and clear the roads when other vehicles are unable to use them.

Can my noble friend confirm, as the Government are committed to sharing more information about future ELM schemes, when this information will be available? Paragraph 10.5 of the Explanatory Memorandum for the second set of regulations states that land management plans

“will not be published during the pilot phase”,

which begs the question, when will they be published? I echo the concern expressed by the noble Lord, Lord Rooker, and others: we must have the detail, if possible, by the end of this year and no later.

I remember that provision was going to be made to encourage farmers reaching the end of their natural farming life to seek retirement. This was welcomed on all sides during the passage of the Agriculture Bill in this place. Perhaps I am missing something, but I do not see the detail in the regulations before us today. Is this is covered by these regulations, or do the Government intend to deal with it later? This goes to the point made by a number of noble Lords: that we need new entrants but we need to make arrangements for those who are still actively farming but approaching the end of their farming life to retire, where appropriate.

Paragraph 3.1 of the Explanatory Memorandum for the first set of regulations tells us that they apply only to England and that the other nations will make their own arrangements. I am particularly concerned that if Scottish farmers are to continue to benefit from direct payments, which I think they will, there will obviously be some envy on the part of northern farmers looking across the border. Is this a source of concern to my noble friend?

Also, can my noble friend confirm that the arrangement will continue to be that farmers who are doing the work, actively farming and taking the economic risk—in particular, those in sustainable farming and food production—will continue to benefit? That is not entirely clear, particularly given that paragraph 7.1 of the Explanatory Memorandum for the second set of regulations clearly states that the Secretary of State will

“give financial assistance to beneficiaries, including (but not limited to) farmers, horticulturalists, growers, foresters and those responsible for the management of land.”

Will my noble friend confirm today that if the tenant is the active farmer taking the economic risk, they will continue to benefit from the financial provisions before us?

Will my noble friend comment on the link between the Agriculture Act and the Trade Bill, which returns to the House this week? Does he share my view that the two are related and there must be the desire to maintain the highest level of self-sufficiency to ensure that we have a sustainable supply of homegrown food, if for no other reason than food security? I am sure he will wish to join me in again commending the work of Henry Dimbleby on the first published part of the national food strategy in this regard.

With those few remarks, I commend the regulations, but we need to see more detail, particularly on what ELMS will require and when the pilot schemes will be available. Will my noble friend confirm that one of them does extend to the border of North Yorkshire and County Durham, and that tenant farmers who are currently eligible will continue to be so under the new schemes? I would be interested to know if that scheme was in place.

Finally, does he accept that marts reflect the link between market towns and the rural economy, and that livestock farmers deserve to have a continued and vibrant future under these regulations?

UK Shellfish Sector

Baroness McIntosh of Pickering Excerpts

Wednesday 10th February 2021 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government, further to reports of restrictions on the export of live bivalve molluscs to the European Union, what steps they are taking to support the shellfish sector in the United Kingdom.

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

My Lords, we recognise the importance of this long-standing trade and the impact of restrictions on a valued industry. Live bivalve molluscs ready for human consumption can be exported to the EU as “products of animal origin”. The Secretary of State raised the matter of exporting from GB class B waters with EU Commissioner Kyriakides, and we are pressing for an urgent solution to enable trade to resume.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend join me in extending our good wishes and regrets to Baron Shellfish of Bridlington, which prospered as one of the success stories of the common market, selling direct to customers in the European Union in the 1970s? Because of the bureaucratic and administrative barriers to trade since 1 January, it is now ceasing to trade, which is highly regrettable.

Given the recent ban, to which my noble friend referred, on exports from the UK of live bivalve molluscs, what plans do the Government have to use the regulatory framework set up under the trade and co-operation agreement with the EU? When does he expect that the specialised committee on fisheries will be set up? This would seem to be a classic case of an ideal solution being found by talking, rather than taking retaliatory tit-for-tat action.

[Lord Gardiner of Kimble (Con) [V]]

My Lords, I agree with my noble friend’s tone. We seek to have a quick discussion with Commissioner Kyriakides about how this trade can resume. We do not believe that the legal interpretation that they are putting on the class B waters is correct. We are working very closely with stakeholders and the devolved Administrations: my right honourable friend the Secretary of State will have further discussions with the Welsh and Scottish Ministers tomorrow. We wish to resolve this matter. Of course, we want to ensure the smooth passage of exports of our excellent produce.