Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Monday 30th November 2020 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome very much the opportunity to discuss the regulations before us today. I have a number of comments to make and questions to ask.

Obviously, it is important to keep invasive and non-invasive species under review. What is the general rule? For example, does the department keep under regular review brent geese, grey squirrels and badgers, given all the damage they do?

On the implications for protecting animals at the time of slaughter, the fact that many small abattoirs were closed some 20 years ago is a matter of regret. Does the department intend to keep this under review, and what chance is there of small abattoirs being brought back, which would be very welcome in rural areas?

The number of vets is a cause for concern, particularly given that fewer are coming from the European Union and those who are here may decide to leave. Presumably, it takes approximately six years to train a vet. Does my noble friend share my concern about the number of vets who will be available at the point of slaughter from 1 January, and what specific measures will be taken? I welcome the increase in the number of vets going through university at the moment, but there may be an immediate shortage, so what steps are the Government taking to ensure that that will be addressed from 1 January?

In the event of a no deal or even a minimal deal—what we are apparently calling the “Australia deal”—there may be delays at ports, which would potentially lead to a short-term animal welfare issue. How will this be monitored at ports, in particular Kent and Holyhead, and how will this be addressed from 1 January? A limited number of animals will be transported live, but how will this be addressed in the event of delays, especially in hot weather later next year?

The 33rd report of the Secondary Legislation Scrutiny Committee, which has been extremely useful in preparing for today, quotes Defra as saying:

“Although EU and GB standards will remain aligned at the end of the transition period, we have ambitions to strengthen the welfare in transport standards in the near future. We want to ensure that going forward EU transporters who move live animals into Great Britain adhere to our standards.”


I am sure that anybody wishing to import will do so, but more especially when exporting as well. Will my noble friend give a commitment today that the Government will absolutely respect the World Trade Organization rules in this regard and ensure—albeit at a minimum—that live trade, such as, for example, lambs to France for the season in spring, will continue?

I am concerned, particularly given the announcement that George Eustice is making or has made today, that the livestock farming industry is not being as well looked after by this Government as it has been in the past. I think that the live trade in animals is something like one in six. In 1992, when this became an issue, I boarded a ferry to see how these animals were being transported, and I was hugely impressed by the length that the transporters and hauliers went to to ensure that the lambs were enjoying the best conditions possible—and I was certainly persuaded that they enjoyed better conditions than those that we similarly enjoyed at the time on cross-channel ferries.

In relation to pelts and the import of pelt products, I understand that there is currently still a ban on mink and fur from Denmark, because of the Covid regulations there. This is a source of deep concern to me, being half Danish. Is this something that the Government are keeping under review—not just from Denmark but from other areas that are affected by the cross-contamination of the Covid virus in mink? When will this ban be reviewed and what are the implications for the fur trade?

In the 33rd report by the Secondary Legislation Scrutiny Committee, Defra is further quoted as saying that the process to apply for the documents to which my noble friend referred will not change. Is it a new charge that is referred to in paragraph 40, where it states that TAs and journey logs are currently issued free of charge, COCs cost around £360 per certificate including training, while vehicle approval costs around £200 per vehicle? Has there been an impact assessment? Was a consultation held, and were the results of the consultation published? What will be the average cost per transporter, and will the Government keep this under review? I will, obviously, continue to take an interest in this, but I welcome the opportunity to discuss these points today.

Farming: New Entrants

Baroness McIntosh of Pickering Excerpts

Monday 23rd November 2020 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what assessment they have made of opportunities for new entrants into farming; and what steps they are taking to increase any such opportunities.

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

My Lords, I declare my farming interests as set out in the register. The Government are working with the skills leadership group to introduce a professional body for agriculture and horticulture to promote the sector and the vibrant careers in it. New technologies are transforming food production, generating opportunities that require skills in farming, environment and business. The Government are also developing a new entrants’ scheme to provide funding for councils and other landowners, providing opportunities for new entrants.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend will recall that, during the passage of the Agriculture Act, a lot of emphasis was placed on opportunities for new entrants into farming, just as he described; I welcome that. Does he share my concern that a number of councils, including Scarborough Borough Council, are seeking to dispose of agricultural land, including tenant farmers’ land, from their portfolio? This will lead to fewer opportunities for tenant farmers. Will my noble friend and the Government address this grave issue?

[Lord Gardiner of Kimble (Con)]

My Lords, we value the role that council farms play in providing opportunities for new entrants. That is why we want to incentivise councils to retain and invest in their farm estates so that they can continue to provide opportunities into the future.

Fisheries Bill [HL]

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords & Ping Pong (Minutes of Proceedings): House of Lords
Thursday 12th November 2020 Lords Chamber

[Lord Lansley (Con)]

My Lords, I am glad to have the opportunity to contribute briefly on this group of amendments. I wish to speak to nothing other than Commons Amendment 3, relating to the deletion of Clause 18, which deals with the national landing requirement. I support the Government going down this path of accepting that we do not want to impose the rigidities of that formulation, and I entirely agree with what my noble friend the Minister said in introducing his amendments and speaking to that particular one.

As was said by my noble friend, and by the noble Lord, Lord Teverson, this is about achieving economic benefits through economic linkage. The Government are pursuing this through their consultation. We must understand that the most important economic benefits will be derived from the new relationship we establish with the European Union and our role as an independent coastal state. We must make this happen.

I remind noble Lords—I know those present will know only too well—that we import two-thirds of the fish that we eat and we export two-thirds of the fish that we catch. The market and trading relationship that we have with our neighbours is as important as the relationship that we have around the allocation of fishing opportunities. It is said that a deal can be done: both sides are saying a deal can be done but both sides continue to say that such a deal has not yet been done in relation to fisheries. That is a sad fact, because it should be the case that a deal should be available. Some considerable time ago, the European Union accepted the proposition that there would be a move to zonal attachment rather than relative stability. It cannot deny the simple legal fact that we have now, and will have in future, sovereign control over our waters, but I think we all accept that there is a need to co-operate.

The noble Lord, Lord Teverson—he understands this far better than I do—made the point that what we require for our UK fishing fleet is, in the years ahead, a reversal of the experience they have had in the last decades. Instead of the progressive reduction of capacity of the UK fishing fleet—which I think is something around 30% down over 20 years, and halved over the last 40 years—we want in the decade ahead to see the capacity of the UK fishing fleet increase, year on year. It is not simply about the allocation of additional quota, because, as the noble Lord, Lord Teverson, said, that could end up quota that is sold back to foreign boats.

What we want to see therefore—and what is, I think, the basis of a deal—is an acceptance on the part of the EU that there is a progressive increase in UK quota that is then made as additional quota available to UK boats at a pace realistic to their ability to increase capacity. They have been losing capacity, on average, at 2% a year, and we could maybe be more ambitious in recovering it—at perhaps 5% a year, and a 50% increase in capacity over 10 years.

It may be that this is not achievable in a straightforward deal with our European partners. But in the broader context of the relationship with the EU, such a shift and reduction in the available quota to our neighbours in the European Union is entirely negotiable, with compensation for those who lose access to quota in some of these other countries. That may be something we have to accept in the context of the deal.

However, it seems to me that one of the ideological barriers to understanding the nature of the deal that has to be struck is the proposition, constantly made by the Government, that there is no relationship between market access and quota. That is clearly not true. It was not true for the Norwegians: the European Economic Area discussions that Norway had with the European Union were about financial contributions, fishing opportunities and market access. Our deal with the European Union must include all those three aspects too. When we accept that, and the fact that we are substantial importers and consumers of fish caught by our neighbours, just as they buy from us, we then begin to realise that there must be a deal and how it might be achievable. We will then get the economic benefits through the expansion of our fishing fleet over a period of time at a sustainable rate, which, I believe, should be accepted, even by the most fervent advocates of the Brexit process—which I am not. But even those who are must accept that simply, for example, giving all the quota back to the English fishing fleet tomorrow will not suddenly create a large capacity that does not presently exist.

[Baroness McIntosh of Pickering (Con)]

I shall speak in support of the amendment in the name of the noble Lord, Lord Teverson. I would like to say what a privilege it is to serve under his chairmanship on the EU Environment Sub-Committee.

I have spoken at every stage of this Bill about the benefits of remote electronic monitoring, and I very much support the conclusions that we reached in the other place when I was chairman of the Environment, Food and Rural Affairs Select Committee. As the number one admirer of my noble friend the Minister, I believe that this amendment should be extremely helpful to him. I would like to quote what my noble friend the Duke of Montrose would have said had he been here. He feels that at the moment we are missing answers to the main questions about reasonably accurate records of stocks, and I think that this amendment serves to plug that gap. In my noble friend’s words, it

“might remove some of the resistance in the under 10m fleet”,

because we are exposing that. The amendment addresses what is missing at the moment, which is the scientific data that we need. I welcome the fact that under-10-metre vessels will be excluded and that that exclusion will apply to both UK vessels and other vessels fishing in our waters.

I want to impress on the Minister a sense of urgency in this matter. I welcome the fact that he has made a call for evidence and that we are to have a consultation in the first half of next year, but there will then be a further delay before the regulations are drafted and come into effect, and that is the missing link. Therefore, I urge the Minister to show a sense of urgency in this regard.

In regard to the quotas for under-10-metre fishing vessels, when I was MEP for Essex North and Suffolk South, the whole of the Essex coast was in my constituency. This issue is of immense concern to fishermen there and to fishermen in Filey and other parts of Yorkshire. I am sure that my noble friend will confirm that we do not need to have left the EU fisheries policy to achieve this, so, again, I hope that we can proceed rapidly to the donations and to allowing unused quotas to be used by the under-10s.

The noble Lord, Lord Krebs, always speaks with authority. If the Minister is not able to accept his amendment, I hope that he will say what vehicle he will use in this House to inform us how the three legs of the sustainability objective will be retained.

Finally, expressions such as “long term” and “shortly” always amuse me. Now, we learn from the Minister that we will hear before the summer about the regulations to bring part of these provisions into effect. Can my noble friend point to the specific part that “in the long term” will apply to? Is it the habitats directive? Which legal provision would prevent any possible future development of ports if the words “in the long term” were removed from Amendment 1? What specific legal provision can he refer to in that regard? I am struggling to understand, unless there is a specific provision in the habitats directive or other parts of what are now EU retained law in UK law.

With that, the one amendment that I would support, if he were to put it to a vote, is Amendment 14B, standing in the name of the noble Lord, Lord Teverson.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am here because of the problems I experienced with my microphone yesterday. I have two brief questions for my noble friend. I am half-Danish, so I welcome anything that can be done to help the Faroese. Does he not share my concern that this agreement with the Faroes is completely asymmetrical? The noble Lord, Lord Teverson might also have made this point. From memory of the rollover trade agreement, we export £90 million of goods to them and they export £270 million of products to us—most of which are fish. This will not help Scottish and other fishermen in this country. I agree to it, but we must accept that it is asymmetrical and not in the country’s best interests.

I have a hazy recollection of studying international law at university—just after we joined the European Union. Denmark has always claimed historic rights to fish in the North Sea. I understood—from an impeccable source at the Daily Express—that it has been preparing a case to put, presumably, before the International Court of Justice to maintain those historic rights. I am not expecting my noble friend to reply today—he may wish to write to me and share it with other colleagues. Is he aware of this hazy recollection of mine that the Danes had historic fishing rights and that they are going to resurrect them?

[Lord Gardiner of Kimble (Con)]

My Lords, we agreed to a treaty in 1999. We have worked closely with Minister Ewing, who is quite rightly ferocious in his support of Scottish fishing interests. We are working collaboratively with the Faroe Islands, respecting an international arrangement. On the historic rights, as I am not the Fisheries Minister but a custodian of this Bill I am not aware of any illegal activity. I had better write to my noble friend so that those who know can give an authorised version.

Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

Baroness McIntosh of Pickering Excerpts

Tuesday 10th November 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

I am delighted to warmly welcome my noble friend Lord Mendoza. I hope that he will not be led too far astray by my noble friend Lord Randall so early in his parliamentary career.

I also take this opportunity to thank my noble friend Lord Gardiner for introducing these regulations. I shall limit my remarks to the Organic Products (Production and Control) (Amendment) (EU Exit) Regulations. In particular, I note, as explained in paragraph 7 of the Explanatory Memorandum, the importance to the United Kingdom as a whole of the organic sector. It is worth some £2.3 billion a year to the UK economy and growth, and its exports are worth around £250 million to the UK economy.

What is the relationship between these regulations and EU directive 2018/848? I understand that the directive defers the date of the application when the EU organics regime comes into effect and applies to Northern Ireland by virtue of the Northern Ireland protocol. The EU Environment Sub-Committee has had cause to write to our honourable friend the Parliamentary Under-Secretary of State for the Environment, Victoria Prentis, on this point. I do not know whether my noble friend has had a chance to see that yet, but I would welcome his views on it. We stated that this matter is of some significance and concern to organic producers in Northern Ireland and across the United Kingdom generally, particularly as regards the ability of Great Britain’s organic producers to continue exporting to the EU and Northern Ireland after the transition period. Also, the Government’s guidance on trading from 1 January 2021 confirms that an EU-UK equivalence agreement needs to be in place for the EU to recognise the UK’s control bodies, such as, in our case, the Soil Association.

Therefore, will my noble friend confirm that we will be in a position to guarantee the ability of Great Britain’s organic producers to continue exporting their products, marketed as organic, to the EU and Northern Ireland after 1 January? Can he also take this opportunity to give us an update on the negotiations over an EU-UK organics equivalence agreement? As I understand it, the lack of such an agreement could result in our not being listed in the relevant EU regulation annexe.

With those few remarks, I commend the regulations but I hope that my noble friend will share my concerns in this regard.

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments
Monday 9th November 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I warmly thank my noble friend and congratulate him on his role, as I do the Parliamentary Under-Secretary of State for the environment, food and rural affairs next door. It may be a little late, but we have got to a very good place and I thank him for his role in this regard. I want to echo some of the concerns voiced around the Chamber. It is important that these are addressed at the next stage of the Trade Bill.

I ask the Minister to reconsider his stance, as given today, on equivalence. There is scope in the World Trade Organization for equivalent standards. The noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lords, Lord Grantchester and Lord Krebs, have set out—as we have on previous occasions—why it is important to maintain our high standards of animal welfare, animal health and environmental protection.

I am extremely cautious on the role of labelling. The Parliamentary Under-Secretary of State, in a speech in the Commons on 4 November, at col. 386, placed great emphasis on labelling. That did not help our pig producers when a previous Conservative Government unilaterally banned sow stalls and tethers in this country. Consumers went and bought—in supermarkets I must say, not in butchers—the cheaper cut. It may have been labelled as British but they bought on price.

I commend my noble friend for the fact that the role of the Trade and Agriculture Commission will be statutory, that its tenure will be extended to three years so that it becomes more permanent, and that it will be subject to parliamentary scrutiny. As there will be appointments to that body, including maybe a new chairman, will he ensure that we in this place or Select Committees in the other place have a role in scrutinising them—particularly the appointment of the chairman, if there is to be a change of chairman at some point—so that Parliament has a role?

In terms of parliamentary scrutiny, which I welcome, can my noble friend clarify that 21 and 21 equals 42, so there is not a great deal of difference between the amendments before the House this afternoon and what my noble friend is suggesting? However, we ought to keep this CRaG procedure under review.

Finally, I pay tribute to the government adviser, Henry Dimbleby, who has been outstanding in his contribution to this debate. He has captured the mood of the country, and that has been reflected in the Government’s position on both free school meals and food standards, which I also commend. I thank my noble friend for his role in arriving at where we are today.

[The Earl of Caithness (Con)]

My Lords, I congratulate the noble Lord, Lord Curry of Kirkharle, on his determination and persistence in pursuing this amendment. He was ably backed by Minette Batters and the NFU, NFU Scotland and the British Veterinary Association, among others, but it was the noble Lord, Lord Curry, and this House who, I think, managed to shift the Government.

I said at an earlier stage that we were beating our heads against a brick wall, but, however bruised our heads are, at least the wall has cracked to some extent on this amendment. Therefore, I thank my noble friend Lord Gardiner. I have no doubt that he understood the mood of the House and helped persuade the Secretary of State that this really needed to be taken seriously.

I have no doubt that Defra would have accepted this amendment on Report if it had been in total charge of the Bill. I still have very severe reservations about the attitude of the Department for International Trade on this matter. We have not seen the amendments to the Trade Bill that will be brought forward. I sat in Committee with the noble Lord, Lord Grantchester, when we discussed the agriculture side of it and we met a very strong brick wall on that occasion. Let us hope that at long last there is a bit of light in another department, because the attitude so far has damaged Defra’s reputation with the farming community. Defra will always get blamed for anything relating to agriculture, even though it did not have ultimate control of this issue.

I strongly welcome the fact that the TAC has been put on a statutory footing, but, as the noble Lord, Lord Grantchester, said, it is the amendments to the Trade Bill that are key, and we will keep a very wary eye on those.

I have a lot of sympathy with what the noble Baronesses, Lady Bakewell and Lady Boycott, and my noble friend Lady McIntosh said about labelling, although I slightly disagree with my noble friend, because I think that labelling is hugely important. I do not think that it is good enough now, and that is why we had the problems with Danish pork and sausages—they were not labelled properly. Unless food is properly labelled and there is a traffic-light system for health and food safety, we will not get anywhere. That was highlighted by the Food, Poverty, Health and Environment Committee, which the noble Lord, Lord Krebs, chaired and on which I had the privilege of sitting. When we get around to debating that report—whenever that is allowed—it is no doubt a subject that I will bring up again.

The noble Lord, Lord Krebs, mentioned enforcement and checks, and I agree with him. I thought that everything would be all right until I saw the recent reports about the funding of the Environment Agency and how there was an increase in pollution due to farming and industry. The Environment Agency was not doing enough checks and there was not enough enforcement. If that is followed through into the Food Standards Agency, a lot of the hope that we have that things will improve will disappear. We will have to watch that. Meanwhile, I have much pleasure in thanking my noble friend Lord Gardiner for the enormous amount of work behind the scenes that he has done to get us this far.

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 20th October 2020 Lords Chamber

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

The following Members in the Chamber have indicated that they wish to speak: the noble Baroness, Lady McIntosh of Pickering, the noble Earl, Lord Caithness, and the noble Lords, Lord Carrington and Lord Krebs. I will call them in that order. I call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

I wish to speak briefly on Amendments 1, 11A, 17 and 17B. I have a question for the Minister on Amendment 1, to which the Commons has disagreed. In Committee and on Report, I stressed that it is extremely helpful to have some guidance on what the environmental objectives are going to be, particularly as I understand we only heard very late in the day what the interim arrangements will be from January 2021. This gives farmers quite short notice as to what the new objectives are going to be for claiming

“financial assistance during the plan period.”

Therefore, if my noble friend is not minded to support the amendment to which the Commons has disagreed, it would be very helpful if he would set out what benchmarks farmers are being asked to observe in the new payments scheme, which will be until such time as the new ELM scheme comes into effect.

I still have the difficulties that I rehearsed at earlier stages about Amendment 11B, and I hope my noble friend will clarify matters in summing up. My understanding is that all new and existing pesticides are very heavily regulated, but this amendment does not have regard to the fact that railways and many other transport systems rely heavily on the use of pesticides, which do not come close to being dangerous to human or public health. If adopted, this amendment would prevent them being used as they are. My noble friend referred to this in summing up the debate on the original amendment to insert after Clause 34 the new clause on pesticides. It would be very helpful to understand that.

The problem I have with Amendment 17B—I know that the noble Baroness, Lady Jones, has gone to great lengths with it—is the underlying assumption, also inherent to her introductory remarks, that it is farmers who are causing the problem. I would like to have much more regard held for, and tribute paid to, farmers because they are part of the solution, not part of the problem, as I think Amendment 17B indicates.

I emphasise the role that farmers and landowners can play, in a very big way, in sinking carbon under the new financial assistance schemes by rolling out projects such as the Pickering Slowing the Flow scheme. That will, I hope, have private funding from water companies as well as farmers, landowners, the Environment Agency, Defra and other bodies. I am quite excited about these new possibilities and a little conscious that this amendment seems to blame farmers rather than recognising the positive role that they play.

[The Earl of Caithness (Con)]

My Lords, In the other place, my honourable friend the Minister, Victoria Prentis, criticised some of our amendments because they were badly drafted. That shows a huge weakness in the Government’s argument. Our amendments are not necessarily badly drafted; we produce them, they are agreed by the House and, if the Government accept the principle of them, they get redrafted properly. That is the function of this House; it is not our function to be lawyers. However, the Government are being unnecessarily obstructive and intransigent on this Bill, and that is a huge sadness because they are alienating a lot of farmers and those who live in the country who see them as unnecessarily reluctant to accept any improvements to the Bill.

The Minister thanked us for our work, but our work has counted for nothing—despite the many hours we spent on this Bill, there has been just one small movement by the Minister. It seems to me that our work is not appreciated, or, if it is appreciated, it is certainly not acted upon.

My noble friend waxed lyrical about our scientists and their control of pesticides. How we miss the Countess of Mar. Many times, I listened to an Agriculture Minister on the Front Bench in this House, telling her that the scientists had said that sheep dip was safe, when clearly it was not. The Countess finally won her battle on this. So, I say to my noble friend, it is not surprising if one is a little sceptical of what the Defra scientists are saying.

As rightly mentioned by the noble Lord, Lord Whitty, and the noble Baroness, Lady Jones of Whitchurch, some pesticides, fungicides and insecticides, applied wrongly by farmers, are a hazard to health. The briefing that I have received says that the Government do not wish to accept the amendment because they have an integrated pest-management policy which will be a critical part of a future farming policy, giving farmers new tools to protect their crops. There is absolutely nothing in there about the health of human beings. I have talked to a lot of farmers who spray fields; they are not all in the same category as those on the farm of my noble friend Lord Taylor of Holbeach. He made excellent points at an earlier stage, but there are those who spray in the wrong conditions, who are rushing to get a job done and not carrying out the work as they should. The noble Lord, Lord Whitty, is absolutely right. If the Government have these powers, why have they not been used? That is a critical question, which my noble friend has to answer.

I support the amendment of the noble Baroness, Lady Jones of Whitchurch, on climate change. It is not blaming the farmers. Farmers have a hugely important role to play. In fact, the Scottish Government entered into consultation today with Scottish farmers and crofters to tackle this precise issue of climate change. There are huge opportunities in the way that one can feed stock, for instance, that would reduce methane emissions. This is not having a go at farmers but wanting to work closely with them. I rather like what the noble Baroness said, asking the Government to “turn good intentions into policy”. That is all this amendment is asking; I hope it succeeds.

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[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

The following Members in the Chamber have indicated that they wish to speak: the noble Baroness, Lady McIntosh of Pickering and the noble Earl, Lord Caithness.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Krebs, on bringing forward a shorter amendment—I am always in favour of shorter amendments, as they leave less scope for interpretation. The noble Lord calls for a national food strategy within 18 months. I would like to see a response to the Dimbleby report before then and want to take this opportunity to urge my noble friend to produce such a response, even if it is informal.

Part 1 of the Dimbleby report has been extremely helpful in preparing for this Bill and the Trade Bill. It would be incumbent on the Government, even if it were just two departments—the Minister’s department of Defra and the Department for International Trade—to respond to the Dimbleby report in so far as it relates to obesity and the food strategy that Henry Dimbleby and his team, including the noble Baroness, Lady Boycott, who has played a sterling role in this regard, have set out. It would be important to hear from those two departments before this Bill and the Trade Bill left this place. I wonder whether there is any opportunity for my noble friend, even by way of a letter, to respond to the helpful conclusions of Henry Dimbleby.

I am slightly confused, because the reason that the Commons gave for disagreeing with the original Lords Amendment 9 is that

“it is inappropriate to impose a duty to publish a National Food Strategy.”

I thought that, in about 2010, the incoming coalition Government published something along the lines of a national food strategy—I forget what it was called—that was extremely well received and helpful. Is it not timely to have another stab at this within 10 years of the original?

I finish with a plea: that we do not wait 18 months from the day of passing this Bill before the national food strategy is presented. I commend the work of my noble friend’s department, Defra, in this regard; I commend the work of Henry Dimbleby. We owe it to Dimbleby and his team to come out with an interim acknowledgement of and response to his proposals.

[The Earl of Caithness (Con)]

My Lords, I served on the House of Lords Select Committee chaired by the noble Lord, Lord Krebs—the Food, Poverty, Health and Environment Committee. Many things struck me when we received evidence. Perhaps I may mention just two of them.

The first was how reluctant were some in the food and drinks industry to give us any evidence, which makes one entirely suspicious of their motives. They were reluctant to come to the table to discuss the problems and found every excuse not to co-operate. That came out pretty clearly in the evidence we received. As the noble Lord, Lord Krebs, has just said, it is only where the Government have taken firm action that the industry has made significant changes. I say to my noble friend the Minister, who I know has advocated, supported and encouraged this industry, as I do, that a very black cloud hangs over it with regard to this issue. He will have to kick it hard to get it to co-operate in the way that it should.

The second point that struck me was the need for a cross-departmental response. We took evidence from the Minister for Health and Social Care. She—or rather the department—has been sitting on reports and consultations for some considerable months, and blamed their lack of implementation on Covid. I therefore asked the Minister what would have happened if there had been no Covid. We received the reply, “I shall have further consultations”. Let us have some action. The noble Lord and his department may well be taking an active role, but I am not at all convinced that the Department of Health and Social Care is doing so. That is why I support what the noble Lord, Lord Krebs, said about the need for the cross-departmental analysis to be done at ministerial level. It is all very well doing it at official level but if it can be kicked into the long grass, I am afraid that it will be. This has to be driven politically by Ministers at the highest level, and probably chaired by someone such as Michael Gove as head of the Cabinet Office. That sort of impetus is needed.

I should say to my friend, the noble Lord, Lord Krebs, that 18 months is too long—I agree with my noble friend Lady McIntosh on that. We need a speedy reply. My noble friend the Minister has reassured me to some extent, but he has a much more difficult job than he anticipates, given the need to take the other government departments such as health, education and the Home Office with him on this matter.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I support Amendments 16B and 18B. I am somewhat perplexed. As a party, we went into the election last year on a manifesto commitment to maintain high standards of food production in terms of animal welfare, health and hygiene, along with environmental protection. That will mean nothing if we have cheaper imports that undercut us. As the noble Lord, Lord Grantchester, will remember, I tabled an amendment at an earlier stage that would have gone further than this and would have been totally in keeping with what the World Trade Organization dictates: in certain circumstances you can have higher standards. That is something that my noble friend the Minister must accept is happening in certain agreements now. Indeed, it is already reflected in some of our fair trade deals, in that we buy products from certain developing countries on those grounds.

It is extremely important that we differentiate between elements that my noble friend tends to couple together, but which I think it is wrong to do. He has repeated that the Food Standards Agency for England and Food Standards Scotland keep up standards of food safety; I applaud the role that Heather Hancock and her team have played in the agency. We have now established in debates on both this Bill and the Trade Bill that those safety standards, which I fully support, can be amended by the stroke of a pen through secondary legislation. We do not even need the Government to come back with primary legislation in the form of a Bill. The standards can be amended and removed by statutory instrument. That is why I believe that Amendment 16B should be adopted. I did urge my noble friend to bring forward an amendment to this effect on behalf of the Government.

The reason given by the other place for not supporting the earlier amendment in this regard is:

“Because the Commons do not consider it appropriate to create new requirements for imports to meet particular standards.”


These are not new requirements; they are requirements on which I believe the Government stood and won so convincingly last year. We cannot set high standards in this country and accept imports that might undercut them. Why? Because a Conservative Government did precisely this in the mid-1990s by banning sow stalls and tethers, only to be undercut by cheaper meat produced using sow stalls and tethers in countries where doing so was still perfectly legal. The public voted on price. I entirely support what the noble Lord, Lord Grantchester, said on labelling and the campaign that the noble Lord, Lord Rooker, has been running. Regrettably, I believe there is a need for Amendment 16B. I urge my noble friend to think again.

I pay tribute to the noble Lord, Lord Curry of Kirkharle, for persisting with his campaign, which I entirely support, with his redrafted Amendment 18B. As my noble friend the Duke of Wellington said, the reason given—

“Because it would involve a charge on public funds”—


is unacceptable. I am grateful to my noble friend Lord Grimstone for his reply in Oral Questions last week, which set out the budget for the Trade and Agriculture Commission as it currently exists, and for the Trade Remedies Authority. It begs the question why we need the Trade Remedies Authority to be on the face of the Trade Bill, but we do not wish to see the Trade and Agriculture Commission in statutory form.

I actually wish that the amendment went further. I pay tribute to what the Minister said in summing up the debate next door. My honourable friend Victoria Prentis recognised that there might be a need to extend the current remit and tenure of members of the Trade and Agriculture Commission, but I believe in the advice of Henry Dimbleby in his interim report. He has done us a great service by saying that the Government should consider a stand-alone, purpose-built international trade commission, such as exists in so many of the other jurisdictions with which we seek to trade in this brave new world, having left the European Union.

I will move a similar amendment in Committee on the Trade Bill. I believe there is scope for the Trade Bill and the Agriculture Bill to reflect each other in this regard. I cannot believe that the Trade and Agriculture Commission’s existing budget does not enable acceptance of this modest amendment in the name of the noble Lord, Lord Curry of Kirkharle, which, as I said, I wish went further. I will support it if he presses it to a vote.

[Lord Trees (CB)]

My Lords, I shall speak in support of Amendment 18B in the name of my noble friend Lord Curry. The issue of maintaining animal welfare and environmental standards is of huge concern, as has been mentioned by many noble Lords. We have previously received a number of assurances from the Government, which are undoubtedly sincere, but there is legitimate concern to see that assurances are turned into deliverable action to create systems and mechanisms that provide a degree of independent advice and scrutiny to government.

As the UK starts negotiating its own trade agreements as an independent sovereign state, we have a chance to clearly demonstrate by actions, not just words, that we will negotiate on the basis that equivalent animal welfare standards and suitable environmental standards apply to the food we import, just as they apply to that which we produce ourselves. This is not about protectionism but giving our farmers a level playing field to compete on, and setting out a global exemplar position on animal welfare and the environment.

Last week, I had the pleasure, coming back from our local town, of passing a field of beef cows, with their well-grown calves at foot, contentedly grazing amid the woods and hills of Perthshire, all in a lovely wildlife-rich, biodiverse environment. Are we going to risk exchanging that for feedlot cattle that live their life on bare earth and are fed soya; or, worse, cattle reared not on natural grassland but on cleared rainforest? The UK is rightly proud of its climate change commitments, but what is the point of trying to reduce our agricultural carbon emissions if we import beef from cleared rainforests?

The creation of the Trade and Agriculture Commission was a welcome step and it will set out a framework for future trade deals, but it will cease to function by January. I submit that there will be a need for continuing advice and scrutiny. Why would any Government not want a readily available, very affordable pool of independent expertise to consult? For imported food, to protect our food safety, there is the Food Standards Agency. To protect animal and plant health there are the international sanitary and phytosanitary protocols. There is a deficit in independent oversight for animal welfare and environmental standards on imported products.

The amendment proposes that Parliament and a continuing Trade and Agriculture Commission should provide that oversight. If the Government object to this revised amendment, will they consider bringing forward their own suitable amendment in the other place? That would go a long way to assuage the very real concerns of the public—let us not forget the NFU petition which over a million people signed—and the legitimate concerns of the welfare and environmental bodies, the veterinary profession and our farmers. What is there not to like?

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Thursday 1st October 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I am grateful for the opportunity to say a few words. First, I repeat what I said at Report: I am particularly grateful to the Minister for the way he has conducted this Bill, for his kindness and for the way he explained it and answered questions in such a helpful manner. I thank him and all the Front Benches for their hard work on this marathon Bill. They will be more pleased than anyone that we are now at Third Reading.

I want to ask a question or two about Amendment 1, on providing financial assistance for continuing EU programmes as far as Scotland is concerned. The Minister said this was a technical amendment—if I have got this right—because the Scottish Parliament did not have the opportunity to legislate. I was mystified, however, about why it was not included earlier and why we had to wait until Third Reading—at the 59th minute of the 11th hour—to include it, because the original draft included powers for the Welsh Assembly and the Northern Ireland Assembly, but Scotland was not included at all. Why has it been delayed? Are there changed circumstances? Will the Minister expand on that? Was it an oversight or have the circumstances changed?

I am a bit worried that sometimes in Whitehall—not through any malevolence, but just through oversight—we provide fuel for the fires of nationalism that are currently burning and that, on all sides of the House, we do not want to encourage. Therefore, it is very important that we get these things right and get them right early on in the process, so that we are not seen to be putting Scotland in as an afterthought.

Agricultural activities are carried out on two-thirds of the land area of Scotland. It is very important and right that the decisions about funding these continuing EU programmes be made as near as possible to the area in which they are taking place. The Scottish Parliament and Government clearly fulfil that objective. I hope that the Minister will reassure us that it was not an afterthought, that it is a technical amendment and that the interests of Scottish farmers, the Scottish Parliament and the Scottish Government were not overlooked, because it is a very important issue. I would be grateful for that reassurance from the Minister.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Foulkes. I thank my noble friend for bringing forward this small group of amendments and will speak in particular to Amendments 1 and 4.

My concerns echo those expressed by the noble Lord, Lord Foulkes. This is a recurrent theme expressed by the devolved Parliaments and Assemblies which we hear of in the EU Environment Sub-Committee, on which I have the privilege to sit. In thanking my noble friend for listening to their concerns and bringing these amendments forward, I note that consent was given by the Scottish Parliament only yesterday, which seems quite late. Would my noble friend use his good offices to keep Parliament informed and update us on continued progress and on how this will impact negotiations and, afterwards, the implementation of the new policy? It is very important that the national Parliament at Westminster should be kept informed on the impact on the devolved Assemblies.

I take this opportunity, as I will not participate on the last stage, to thank my noble friend for his boundless patience, courtesy and tolerance during the many hours of debate. Through him, I thank the Bill team for the outstanding service they have performed to the House. I also thank the Public Bill Office and all who have been involved, including my noble friend’s able assistant, my noble friend Lady Bloomfield, who has been utterly charming and patient throughout this process.

As my noble friend Lord Gardiner is aware, I hoped he would have brought forward a government amendment on another issue. The House has spoken; it voted overwhelmingly, by I think a majority of 100, to take forward an amendment to the House of Commons on protecting our standards and ensuring that imported food products continue to meet these standards. I also look forward to my noble friend and his department’s response to the Dimbleby report, which would have been very helpful to have.

We are on a voyage of discovery, as there is very little detail about either the interim SFI or the ELMS proceedings—the sustainable farming initiative and the new environmental land management schemes. But we are at this stage, and I congratulate my noble friend on all the hard work from him and his department to get us here.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for setting out the rationale behind these somewhat late amendments. Over the last 18 months, there have been several occasions on which we have debated legislation under the Defra banner which has been amended for a variety of reasons—with the sheer weight of legislation in Bills and statutory instruments, the degree of detail needed and the very short timeframes have meant that unforced errors have occurred. The main thing is that, in this case, the Government have been able to act so that omissions were rectified.

The first amendment, as the Minister indicated, is at the request of the Scottish devolved Administration to ensure that their agriculture Bill could provide the continuing financial assistance that will be needed and give Scotland the same powers as Wales, England and Northern Ireland. The third amendment is consequential on the first. It would have been helpful if the Scottish Administration realised this omission earlier, as indicated by the noble Lord, Lord Foulkes.

The second amendment, to Clause 18, relates to retained EU law for promotion schemes for agri-foods not to be used in England, Scotland or Wales. Northern Ireland wanted to keep its options open, so we have this amendment.

These are very technical issues, but it is often those that trip us all up. This is, as has been indicated, all very last minute. I understand that this could not be covered later by secondary legislation but would have needed primary legislation to comply with the multiannual financial arrangements.

The last two amendments relate to powers enabling the Senedd Cymru and the Northern Ireland Assembly to enact legislation for bees to be included in the Bill. We have debated on many occasions the crucial role that bees and other pollinators play in ensuring that our crops, flowers and trees flourish and survive. I find it extraordinary that such a vital section of the Bill, on apiculture, should have been left without any means of legally ensuring its continuity. However, the error was discovered in the nick of time. I support this group of amendments.

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am happy to participate in this debate and would like to lend my support to the amendment in the name of the noble Lord, Lord Whitty.

There has been a lot of discussion over the last 40 years about the impact of pesticides on the human health of rural residents and on biodiversity, flora, fauna, insects and animals. Therefore, I am very much drawn to Amendment 78, which I believe is a crucial amendment, trying to protect human health from agricultural pesticides. Rural residents and communities across the UK continue to be adversely impacted by the cocktail of pesticides sprayed on crops in our localities, reporting various acute and chronic effects on health.

I am a rural dweller. I did not grow up on a farm but I am very conscious of the impact of those pesticides because I am an asthmatic. I have talked to many people whose health has been impacted by sheep dip, by Roundup and by the emergence of diseases that hitherto there was no family history of, and that they had not suffered from before. Exposure and risk for rural committees and residents are from the release of those cocktails of harmful agricultural pesticides into the air where people live and breathe because, once pesticides have been dispersed, their airborne droplets, particles and vapours are in the air irrespective of whether or not there is wind.

In that regard, I take note of the amendment from the noble Baroness, Lady Finlay of Llandaff. Vapour lift-off can occur days, weeks or months after any application, further exposing those living in the locality, and it has nothing to do with the wind. The Government’s stated position that pesticides are strictly regulated and that scientific assessment shows there are no risks to people and the environment, is simply not correct. Since 2009, EU and UK equivalent laws legally define rural residents living in a locality of pesticide-sprayed crops as a vulnerable group, recognised as having high pesticide exposure over the long term. Further, the risks of both acute and chronic effects of such exposure are again recognised in article 7 of the EU sustainable use directive. I hope that the Minister will see fit to accept this amendment. If not, I hope that the noble Lord, Lord Whitty, will press it to Division. It should be given statutory effect because rural populations are looking for this direction and this protection.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick.

I congratulate the authors of this interesting group of amendments on the thought and effort that they have put into them. As I am sure the noble Baroness, Lady Finlay of Llandaff, will realise, I have some concerns about her amendments, particularly regarding the drafting and how they might be interpreted; for example, the word “drifting” is open to interpretation. The noble Baroness herself highlighted some of the difficulties this group would have. It would be enormously helpful if the Minister could explain the current regulations when summing up. I am not totally familiar with this area but I understand that it is heavily regulated and that there is quite stringent provision in the current code of practice, which is operated by the Health and Safety Executive and was itself updated quite recently, I think in 2005.

I am also concerned about Amendment 78, which is loosely drafted. Subsection (1) includes the phrase,

“prohibiting the application of any pesticide … near”.

That seems very loosely drafted, so I would be interested to hear how the Minister thinks the provision could be implemented, were it to be passed today.

This is a good opportunity for the Minister to raise our awareness of previous research and commercial innovation relevant to air levels and other controls of pesticides. I am minded of the fact that a lot of work is going on, I think in Essex, breeding bugs that eat and destroy other bugs, which I presume would fall within the remit of Amendment 80 in the name of my noble friend Lord Dundee.

My concern is that, for the reasons set out by the noble Baroness, Lady Finlay, and the noble Lord, Lord Whitty, this area is already heavily regulated and the amendments could be very difficult to implement as drafted.

[Lord Campbell-Savours (Lab) [V]]

My Lords, because I do not want to detain the House, this is the only amendment that I am speaking on today.

I strongly support Amendment 79 and have personal reasons for doing so, so I need to tell a story. It is about the late Dr Bill Fakes, an old friend of mine, a former GP in my former Workington constituency who I met nearly 50 years ago. He was a brilliant man—yes, a bit eccentric, but that is often the case with gifted people. He was a biologist with an intense interest in entomology. He had been brought up in the Fenlands in the small rural community of Willingham. It was a market garden, an arable area, and with his love of nature he took a particular interest in the ditches and characteristics of the land where, with other children and friends, he would gather beetles and other insects, carefully logging their every characteristic. As a bright boy inspired by these activities as a child, he went on to study medicine at UCL in London, ultimately ending up in Workington as a young—yes, rather eccentric but brilliant—general practitioner.

In 1995 Dr Fakes was diagnosed with non-Hodgkin lymphoma and ended up, via West Cumberland Hospital, at the Royal Victoria Infirmary in Newcastle, where a fellow medic and consultant took a particular interest in his condition. What they were not to know at that stage was that a number of his relatives and friends were subsequently to be stricken down with similar or associated conditions. They included his sister, his mother and one of his best young friends, Brian Haddon, all within a few years of each other and all from within the vicinity of the Fakes’ home in the Fens.

Dr Fakes’ response was to research his condition in detail, taking up much of his own time. Part of the research was to arrange for his pituitary gland, I think it was, to be removed from his body on death and sent for autopsy assessment at a special unit in Glasgow. Bill Fakes had been assiduous in making these arrangements as he believed that such an assessment would expose the danger of underregulated spraying arrangements. However, somewhere along the line the gland disappeared and was lost, and all the preparation came to nothing. Dr Fakes was convinced that his condition and that of his family and friends related directly to the use of pesticides in the vicinity of buildings and installations to which the public had access next to his home. He wanted all deaths in pesticide spray areas to be reviewed with a view to amendments to legislation dealing with pesticides, which brings me to Amendment 78 in the name of my noble friend.

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[Lord Young of Norwood Green (Lab) [V]]

I first declare an interest as a member of the EU Energy and Environment Sub-Committee, which has done a lot of work on agriculture. I congratulate the noble Earl, Lord Dundee, on an excellent amendment. We certainly need to encourage new entrants and young farmers.

Looking at some statistics about farming apprenticeships, I was interested that they talked about a 2.7% growth in the industry as a whole and something like 137,000 people leaving the industry, so there are plenty of opportunities there. Is it currently easy for new entrants and young farmers? All the evidence we see is that you have to be very determined.

This is a really worthwhile amendment. It falls in line with our new approach to farming subsidies and the 25-year plan. It is a golden opportunity to put the emphasis, as it says, on sustainability and care of the environment. New young people coming into the industry will give it a fresh look; they are much better versed in the new technology. The point the noble Earl, Lord Dundee, made about housing is also important. We need to recognise that it is not enough just to create the opportunity; we also need to enable people to live near their place of work.

The other point I would like to emphasise is that there is, as we have heard in this debate, an awful lot of best practice out there and a lot of good farming going on. Finding the opportunity for those farmers to buddy up with new entrants to act as mentors would be really good.

The noble Earl, Lord Dundee, mentioned food security and fresh produce. In addition, there would likely be less food waste. Giving guidance to local authorities also seems a sensible part of this amendment. I welcome the amendment and give it my full support. I trust we will have a positive and constructive response from the Minister.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Lord, Lord Young of Norwood Green, with whom I have the privilege to sit on the EU Environment Sub-Committee. I have just two questions for my noble friend the Minister. I thank the noble Earl, Lord Dundee, for providing the opportunity to ask them in the context of Amendment 79.

What I find attractive about this amendment—and I hope my noble friend will agree—is that it is currently notoriously difficult for new entrants to penetrate national parks. Would my noble friend see some merit in an amendment along these lines to ease the restrictions, allowing new entrants to enter into agriculture, particularly in national parks such as the North York Moors National Park?

Another reason to find Amendment 79 attractive is subsection (a), which seeks

“to encourage the construction of affordable rural houses.”

It is often overlooked that one of the reasons it is extremely difficult for older farmers to retire and cease to actively farm is that there is nowhere for them to go. There are large houses and executive-style houses, but there is a lack of affordable homes with one or two bedrooms in rural areas. I have seen some in Hovingham, which are part of the Hovingham estate, and they are tastefully done, but I would hope that this could be more widespread. That is why I hope my noble friend will use an opportunity such as the wording of this amendment, perhaps in a more appropriate place than the Agriculture Bill, to ensure that there is a supply of affordable rural houses for those who wish to make way for younger members of the family to take over the farming commitment. We need somewhere for them to go.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Greaves, has withdrawn from this amendment, so the next speaker is the noble Lord, Lord Blunkett.

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Moved by

[Baroness McIntosh of Pickering]

88: Schedule 3, page 56, line 8, at end insert—
“Requests for landlord’s consent or variation of terms
30 Before section 28 insert—“27A Disputes relating to requests for landlord’s consent or variation of terms(1) The appropriate authority must by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—(a) the request falls within subsection (3), and(b) no agreement has been reached with the landlord on the request.(2) The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act. (3) A request falls within this subsection if—(a) it is a request for—(i) the landlord’s consent to a matter which under the terms of the tenancy requires such consent, or(ii) a variation of the terms of the tenancy, or(iii) the landlord’s consent to a matter which otherwise requires such consent,(b) it is made for the purposes of—(i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or(ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, or(iii) securing either or both of the full and efficient farming of the holding and an environmental improvement, and(c) it meets such other conditions (if any) as may be specified in the regulations.(4) The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—(a) to order the landlord to comply with the request (either in full or to the extent specified in the award or determination); or(b) to make any other award or determination permitted by the regulations.(5) The regulations may (among other things) make provision—(a) about conditions to be met before a reference may be made;(b) about matters which an arbitrator or third party is to take into account when considering a reference;(c) for regulating the conduct of arbitrations or third party determinations;(d) about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;(e) about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;(f) for restricting a tenant’s ability to make subsequent references to arbitration where a reference to arbitration or third party determination has already been made under the regulations in relation to the same tenancy.(6) The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i), conditions relating to the making of a successful application for assistance.(7) In this section—“appropriate authority” means—(a) in relation to England, the Secretary of State, and(b) in relation to Wales, the Welsh Ministers;“relevant financial assistance” means financial assistance under—(a) section 1 of the Agriculture Act 2020 (Secretary of State’s powers to give financial assistance),(b) section 19 of, or paragraph 7 of Schedule 5 to, that Act (exceptional market conditions: powers available to Secretary of State and Welsh Ministers),(c) a scheme of the sort mentioned in section 2(4) of that Act (third party schemes), or (d) a scheme of financial assistance in whatever form introduced by Welsh Ministers;“statutory duty” means a duty imposed by or under—(a) an Act of Parliament;(b) an Act or Measure of the National Assembly for Wales or Senedd Cymru; (c) retained direct EU legislation.””Member’s explanatory statement
This amendment provides the ability for farm tenants letting under the Agricultural Tenancies Act 1995 to object to a landlord’s refusal to enter into a specific financial assistance scheme in the same way as farm tenants letting under the Agricultural Holdings Act 1986.

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[Baroness Boycott (CB) [V]]

My Lords, I am pleased to follow the noble Lords, Lord Grantchester and Lord Krebs. I, too, thoroughly support the amendment. I apologise for my internet connection and hope that noble Lords can hear me.

Food is already in a mess, before we even contemplate lowering the standards that we have. For instance, we already know that chlorinated chicken is just the tip of the iceberg of bad food that comes into this country. I am greatly worried not just about the environmental impacts of cheap and bad food on the planet but also about its health implications. Bad food is the result of overconsumption and overproduction of processed, sugary foods, yet recently US negotiators have said that they were concerned that labelling food with high sugar content

“is not particularly useful in changing consumer behaviour”.

Anyone who has been involved in food politics knows that that is rubbish. It is like saying that labelling a packet of cigarettes as jolly good for your health is a way that will not help change consumer behaviour. This is completely contrary to over 20 years of UK policy to introduce clear, front-of-pack, traffic-light nutrition information to help shoppers easily identify which products are high in sugar, salt and fat. Reading any of the Government’s proposed new obesity strategies shows that this labelling is planned to be even clearer.

Across the world, labelling is already incredibly complicated. The industry likes it like that. It does not want things to be simple. However, there are people around the world trying to deal with this. For instance, the Health Minister in Chile recently decided that no cereal companies could use cartoons to sell their products, so Tony the Tiger disappeared, replaced by a black splodge. Children now tell their parents not to eat that cereal. If we do not set high standards, we will never be able to change things like this. We will not even be able to label sugar clearly.

I am also very worried about what will come into this country. Why on earth do we need more American biscuits? If you take a biscuit such as Tim Tams, a chocolate-covered cream biscuit, extremely like a Penguin, we will get this in spades and it will be cheaper than the Penguin, which already sells to 99.1% of households. Low-quality food is unhealthy food. It has usually meant deforestation in its production, terrible treatment of animals and, as I said the other day, there are over 60 billion of them; 80% of all living creatures on earth sit in cages waiting to be fed to us.

We have fought very hard for our high standards, and it seems quite extraordinary that at a moment of extreme crisis in health and the environment, we should even need to have this debate, let alone have the feeling that the Government might try to overrule it when this Bill goes back to the Commons. Even supermarkets are agreed that we cannot lower our standards. I listened the other day to Christiana Figueres say that we only have 10 years to get on top of the climate crisis, and that in 10 years we must cut our emissions by 50%. Food and agriculture contribute hugely to this, and if we do not have standards that look at the environmental impact, then quite frankly, we have not got a prayer. Next year, we are leading the COP. We should now be talking about achieving higher standards, not fighting to defend the ones that we already have.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Boycott, who is a leading light on the advisory panel of the Dimbleby report, which I will refer to shortly. I thank the noble Lord, Lord Grantchester, for moving the lead amendment in this group. I do not intend to repeat many of the comments that have been made; he has very eloquently addressed the issues of the amendments in the names of the noble Viscount, Lord Trenchard, and others, which purport to fall foul of the World Trade Organization.

I shall speak initially to Amendment 90, and thank the noble Baronesses, Lady Henig, Lady Ritchie of Downpatrick and Lady Jones of Moulsecoomb, who have been on this journey with a similar amendment in the original rollover trade Bill, on which we made a lot of progress. The noble Lord, Lord Purvis, rather annoyingly, got in before me by tabling the amendment that was carried. We will discuss that further in the context of the trade Bill.

As the noble Lord, Lord Grantchester, said when moving Amendment 89ZA, this is an issue that consumers and farmers care passionately about. It was front and centre of the Conservative manifesto—not that I saw that—which we want to build on with this amendment, to then adopt what was originally government policy in the rollover trade Bill. I will not refer to it, but it complements Amendment 97 which follows later.

The noble Lord, Lord Krebs, and others, referred to part 1 of the interim report by Henry Dimbleby—I almost called him a noble Lord—in the National Food Strategy. On page 7 he refers to

“grasping the once-in-a-lifetime opportunity to decide what kind of trading nation we want to be. The essence of sovereignty is freedom—including the freedom to uphold our own values and principles within the global marketplace. In negotiating our new trade deals, the Government must protect the high environmental and animal welfare standards of which our country is justly proud. It should also have the confidence to subject any prospective deals to independent scrutiny: a standard process in mature trading nations such as the United States, Australia and Canada. If we put the right mechanisms in place, we can ensure high food standards, protect the environment and be a champion of free trade.”

There we have it. We are taking back control. I applaud that in this sea change, for the first time in nigh-on 50 years, we will decide how we trade.

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[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

I call the noble Lord, Lord Inglewood. He is not responding so we will move to the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Lord, Lord Foulkes, who, as ever, spoke so entertainingly.

I shall speak to Amendment 92A, and I echo many of the sentiments expressed by its authors. This is a very vexed area. I recall only too well that when I was MP for what was then the Vale of York, Shepherds Purse Cheeses produced feta cheese that was clearly produced not in “feta land”—Greece—but in North Yorkshire. I think the case went as far as the European Court of Justice, and the upshot was that the company had no protection and had to abide by the EU rules. Imaginatively, the company changed the name of the cheese to Yorkshire fettle, which is a best seller and has won a number of awards. I am delighted that it continues to have success.

The serious point here is that, according to figures from the Food and Drink Federation, the three greatest exports from the UK are Scotch whisky, then Scottish salmon and, lower down the list, chocolates. So this is immensely important to Scotland, but also to North Yorkshire and the whole Yorkshire region. I pay tribute to the marketing facility that was originally Yorkshire Pantry but has been renamed Deliciously Yorkshire. Because of the food cluster in and around North Yorkshire—in fact, in the whole Yorkshire region—the protected geographical indication scheme is extremely important to them. I hope my noble friend will pull something out of the hat to make sure that if we are to have a UK geographical indication scheme, it will be recognised across the EU and the EEA at the very least.

[Lord Tyler (LD) [V]]

My Lords, I have listened with great interest to the noble Lord, Lord Holmes of Richmond, whose expertise in oenology is certainly far more tasteful than mine. I am devoted to the excellent products of the Camel Valley Vineyard in my erstwhile constituency, although when it comes to imports, my family are more broadminded. He has raised an extremely important point that does not just apply to these particular products and operators. What he described as “paper-based protectionism” has huge implications for a great many exporters and importers, and his point was very well made. I thought that at the end of the Committee debate on 23 July, the Minister had given him an undertaking that he would look at the issue of the VI-1 forms, and I am disappointed that the noble Lord, Lord Holmes, has not received a satisfactory solution to the problems he has identified.

I also find absolutely formidable the logic of the noble Baroness, Lady Neville-Rolfe. The regulations will be of huge practical significance to many British companies operating in this field, so an extensive and effective consultation is surely essential. I recall from my time on the DPRR Committee how often we were faced by the Government saying that something was urgent and expediency would be used as a short cut to prevent effective scrutiny. In this case, it could be used to prevent effective consultation. Again, the noble Baroness made an extremely important point that goes far beyond the powers being taken in this Bill.

However, my primary concern is to speak in support of proposed new clause proposed in Amendment 92A in the name of my noble and learned friend Lord Wallace of Tankerness. This is the fourth time that I have supported attempts to obtain a clear, unequivocal and totally realistic ministerial statement from the Government on the future protection of the 88 UK specialist food and drink products which are currently covered by the excellent EU Geographical Indications Scheme. This new clause seeks to secure equal protection for the traditional speciality food and drink products for which the UK is famous and which bring such economic benefits to particular areas.

Members in every part of the House have previously expressed admiration for the scheme, as the noble Baroness, Lady McIntosh, did just now, especially since it was extended as the result of an initiative by British Ministers during the coalition Government. A succession of Ministers has kept assuring us that the protection of these products can continue within the UK, but as my noble and learned friend Lord Wallace of Tankerness has emphasised, that is the not the principal issue in question at the moment.

During the Committee stage of the Trade Bill on 23 January last year, I asked the then Minister for trade for an explicit assurance that GI protection would continue on exactly the same terms—that is, outside the UK. I was told that an amendment was unnecessary because it would be secured. But in view of the vagueness of that promise, on 6 March 2019 I tabled an amendment to that Bill on Report and withdrew it only when a slightly firmer assurance was given. However, as my noble and learned friend has reminded your Lordships, during the Committee stage of this Bill and again today, there has been a series of apparently well-informed newspaper reports indicating an admission that the current failing negotiations are putting that future protection at risk. It appears that there is no guarantee that, in the words of our new clause, all of these products

“currently protected under the EU Geographical Indications Scheme are covered by exact equivalent international protection after 31 December 2020.”

Given the No. 10 briefing that a no-deal outcome is both likely and perfectly acceptable, and given, too, the current question marks that hover over the whole withdrawal agreement signed by the Prime Minister on 19 October 2019, what confidence can we have in Article 54.2, which purports to give some legitimacy to the continued cover for GI products? I am, of course, especially exercised by the threat to genuine Cornish pasties, clotted cream and sparkling wine, but my noble and learned friend and the noble Lord, Lord Foulkes, are rightly exercised by the effect on world-famous Scottish products. To add insult to injury, we are told that a Trump trade deal, which may now be elusive as a result of the threat to the Northern Ireland protocol, would require abandoning origin labelling, as referred to in a previous debate. From the point of view of consumers, that will make matters worse. This echoes the previous debate on standards that meet UK public expectations. We want to take back control.

At the conclusion of the debate in Committee on 23 July, the Minister, the noble Lord, Lord Gardiner of Kimble, could only assure us that

“the Government are determined to work in support of all the 88 geographical indications from the UK, which will remain protected after the end of the transition period”.—[Official Report, 23/7/20; col. 2465.]

What does the determination amount to if, as seems so very likely now, the UK Brexit negotiators fail to get a deal in the precious few weeks now remaining? What if the EU, understandably bruised by the bad faith of the retreat from the withdrawal agreement, simply removes the relevant entries after we have taken our leave and have no further say in the matter? This was implied as being quite possible in the Government’s response to the GI consultation paper, to which my noble and learned friend referred. Where does this leave these British products, hitherto protected by the EU scheme, when it comes to current and future EU trade treaties with third countries?

In Committee, the Minister claimed he had been very clear. Sadly, and very unusually for him, there is no such clarity. Much as we would all prefer a firm assurance, it would be better to hear an honest assessment from the noble Baroness this evening that the Government cannot now be absolutely sure that long-term, precise and exact equivalence is guaranteed. Then, all concerned would know exactly where they stand.

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[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, in moving Amendment 92B, for which I have the welcome support of the noble Baroness, Lady McIntosh of Pickering—it is nice to get the support of a Scots advocate for this amendment—I will speak briefly about a matter I raised in Committee relating to Clause 40. It concerns powers for the Secretary of State

“to make regulations for securing compliance with WTO Agreement on Agriculture”.

As presently drafted, there is no requirement in the Bill for the Secretary of State to consult any parties prior to making regulations under this clause. The purpose of this amendment is to impose a requirement on the Secretary of State to consult relevant stakeholders if making regulations under this clause.

As I have highlighted on other aspects of the Bill and previously, it is important to provide an additional layer of scrutiny of the Government’s actions by stakeholders who have a direct interest and a relevant responsibility. This is particularly pertinent, with respect, given the Government’s lack of formal consultation during the ongoing trade negotiations and their seemingly taking action behind closed doors. Incidentally, I wonder what has happened to the joint ministerial committees, which were set up to ensure consultation between the UK Government and the devolved Parliaments and Governments.

The requirement I am seeking, to consult on intended regulations under this clause, will help to ensure openness and transparency and also ensure that any draft regulations are exposed to critical comment from stakeholders. That might actually improve the instrument. Perhaps the Government do not fully appreciate that such scrutiny is not always critical; it can be helpful.

Looking more widely at the WTO provision in the Bill, I understand that the Scottish Government intend to recommend that the Scottish Parliament withhold consent to amended provisions. While I understand that Scottish government officials are content with the amendment to Clause 42, it is almost irrelevant, as the Scottish Parliament’s consent to the whole of Part 6 of the Bill is required. With no more amendments to that part of the Bill, consent is likely to be withheld. Therefore, I ask the Minister whether the Government will now consult the Scottish Government to try to ensure that this consent is not withheld. It would be much better to go forward with agreement than with conflict. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I am delighted to support the noble Lord, Lord Foulkes. I point out for the benefit of the House that I am a non-practising member of the Faculty of Advocates. There is concern in some quarters, not least the Law Society of Scotland —as alluded to by the noble Lord—that there may be insufficient consultation of all the parties in this regard. I welcome the opportunity for my noble friend the Minister, in summing up this short debate, to address the role of the devolved Assemblies and, in this case, the Scottish Parliament in negotiating future trade deals. We will discuss Amendment 97 and others in that group, but the Bill is silent on the role of the devolved Assemblies and the extent to which they will be consulted and involved in drafting and negotiating these trade agreements. It behoves the Government to set out their plans at this stage.

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

My Lords, it seems to me that this interesting amendment bridges very nicely the gap between the last group and the next, because there was some discussion in the last group about the importance of consultation—albeit in a different context—and the next group is about the role of the devolved assemblies and parliaments. This one sits rather squarely in between.

From the point of view of our Benches, there are a couple of points we wish to make. First of all, it is increasingly becoming the case that delegated legislation is rushed and is not always particularly well drafted. I am a member of the Joint Committee on Statutory Instruments, and it is a weekly task to go through imperfectly drafted regulations. As the noble Lord, Lord Foulkes, said, it is much better to pick these things up earlier rather than later. Therefore, proper consultation and some almost pre-legislative scrutiny by the devolved assemblies could only be helpful.

We need to be clear about how serious it would be if the Government were using these powers. Many of the things we would all support and like about the WTO provisions do not cover agriculture at all, so with the possibility of high tariffs and the removal of quantitative restrictions, the impact on agriculture could be very serious indeed. Therefore, the involvement of the devolved parliaments and assemblies, both in preparing for it and hopefully mitigating some of this, would be important. I am definitely supportive of the principle behind this amendment and interested to hear what the Minister says.

--- Later in debate ---

Moved by

[Baroness McIntosh of Pickering]

97: After Clause 42, insert the following new Clause—
“Trade and Agriculture Commission
(1) The Trade and Agriculture Commission must establish criteria for maintaining standards as high as, or higher than, standards applied within the United Kingdom at the time of import for agricultural goods imported under a trade agreement between the United Kingdom and any other state.(2) “Agricultural goods” under subsection (1) includes, but is not limited to, standards relating to—(a) animal welfare,(b) protection of the environment,(c) food safety, hygiene and traceability, and(d) plant health.(3) Her Majesty’s Government may not make any international trade agreement that contains provisions relating to the importation of agricultural and food products into the United Kingdom unless the Trade and Agriculture Commission has expressed in writing to the Secretary of State that it is satisfied the criteria under subsection (1) have been met in relation to the draft of the agreement.(4) The Trade and Agriculture Commission may submit recommendations to the Secretary of State for how the draft agreement could be revised in order to meet the criteria established under subsection (1).(5) Where the Trade and Agriculture Commission submit recommendations to the Secretary of State under subsection (4), the Secretary of State must—(a) respond in writing within 14 calendar days, and(b) lay the recommendations and response before Parliament.(6) The Trade and Agriculture Commission may appoint staff and advisers.(7) The Trade and Agriculture Commission may authorise staff to do anything required or authorised to be done by the Commission.”

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to introduce this group of amendments and speak to Amendment 97. I thank the co-signatories for their support: the noble Baronesses, Lady Ritchie of Downpatrick and Lady Henig, and my noble friend Lady Hodgson of Abinger.

I will speak briefly to other amendments in the group, but I would first like to set out how developments have taken place since we discussed an earlier version, Amendment 270, in Committee. The most significant development is that we now have a Trade and Agriculture Commission and it has met a couple of times.

The second development is the interim report, which has been published by Henry Dimbleby. Spoiler alert: I have carefully read Amendments 98 and 99 in the names of my noble friends Lord Trenchard and Lady Noakes, and want to dispense with them before I discuss Amendment 97 in depth. They are interesting: Amendment 98 is self-explanatory. However, along with Amendment 99, while they could be seen as fairly innocent or innocuous, they are not. In many cases they touch a raw nerve because this is a contested area of the World Trade Organization agreement. Amendment 99 refers to being

“consistent with the terms of the World Trade Organization Agreement”.

That poses problems for me. It would be far better if it read “considered to be consistent”. This is an issue on which the WTO rules are silent.

The Government clearly stated their commitment to animal welfare in their 2019 general election manifesto. Therefore, I would be surprised if the Minister supported that amendment. Amendments 97 and 101 are not deemed to be strict alternatives. They have been considered by the clerks in the Public Bill Office not to be inconsistent and not incompatible. It is almost a mirror image of Amendment 101, which I am sure those who have signed that amendment will speak to.

What I am calling for here is that we must establish criteria for maintaining standards as high or higher than those applying to imported agricultural goods. I then go on to set out what “agricultural goods” should cover, and obviously I have referred to

“animal welfare … protection of the environment … food safety, hygiene and traceability, and … plant health.”

That relates to Amendment 90 earlier.

The key paragraph in subsection (3) states that the

“Government may not make any international trade agreement that contains provisions relating to the importation of agricultural and food products into the United Kingdom unless the Trade and Agriculture Commission has expressed in writing to the Secretary of State that it is satisfied the criteria under subsection (1) have been met”.

The importance of this is that Parliament will have to decide a number of questions in the context of the Bill. Does Parliament want to have a Trade and Agriculture Commission which winds up its work at the end of December? If so, it would therefore not be permanent and its advice would not be binding, and it would not be a statutory authority, which is currently the case. Or does Parliament believe that there is a need for a permanent statutory body, operating independently of the Department for International Trade, with its own staff, offices and facilities, and whose advice would be binding on the Government, in the sense that they would have to give good reasons to Parliament as to why they did not follow the recommendations?

Subsection (4) of my amendment says that:

“The Trade and Agriculture Commission may submit recommendations to the Secretary of State for how the draft agreement could be revised in order to meet the criteria”


that I set out earlier. In subsection (5) it says that:

“Where the Trade and Agriculture Commission submit recommendations to the Secretary of State under subsection (4)”,


which I just referred to, the Secretary of State will have 14 calendar days to respond and then that response and the recommendations will be laid before Parliament. The key is that those recommendations and the report will be debated in the usual way—it will be for Parliament to decide whether it should be through the Select Committees in each House, most likely the new Select Committee on international treaties.

The reason I put in subsections (6) and (7) is that I would fervently like to see the Trade and Agriculture Commission be independent, have autonomy and operate apart from the Department for International Trade, so that the commission is independently staffed and its press releases are not written by the department, which currently appears to be the case. I have set out that:

“The Trade and Agriculture Commission may appoint staff and advisers … and … may authorise staff to do anything required or authorised to be done by the Commission.”


My understanding is that that is currently not the case.

I have drawn inspiration for this amendment from the Dimbleby report and his recommendations for government. I assume that as the Dimbleby report was requested by the Government, my noble friend the Minister and the Department for International Trade will draw on the report’s recommendations. On page 79, the report helpfully sets out that:

“The Government should give itself a statutory duty to commission an independent report on all proposed trade agreements, assessing their impact on: economic productivity; food safety and public health; the environment and climate change; society and labour; human rights; and animal welfare. This report would be presented alongside a Government response when any final trade treaty is laid before Parliament. Sufficient time must be guaranteed for the discussion of these documents in the House of Commons, the House of Lords, and by the relevant select committees.”


It goes on to say that any impact assessment should adopt a “holistic” approach; that it should be “independent”; that the impact assessment should be “performed by experts” and that this function “would be permanent”; and that parliamentary scrutiny would be set out on a “statutory basis”. That is what I have endeavoured to do in Amendment 97—no more, no less.

I am further indebted to other recommendations made in the Dimbleby report. On page 77, it helpfully sets out how trade agreements are scrutinised across the world. We are obviously most familiar with EU trade agreements where,

“The International Trade Committee of the European Parliament reports on the proposed agreement”.


The agreement then has to have the approval of the majority of the members of the European Parliament, and then it passes to the Council of Ministers

“for their agreement by qualified majority (55% majority representing 65% of the EU population).”

I put it to the House that we would not want a situation in which any scrutiny in this place or the other place was less than that which we currently enjoy for negotiating trade agreements through the European Parliament, as has been the case for as long as we have been a part of it. I will not rehearse this in detail, but every other major parliamentary legislator representing countries that we would hope to do trade deals with—Australia, Canada, New Zealand, the United States of America, Japan and Switzerland—all have some form of advanced parliamentary scrutiny, although none goes as far as a veto.

I prefer my Amendment 97 and would like to hear other voices in the debate before I decide whether to test the opinion of the House. It is for the House this evening, and for Parliament as a whole, to take a decision on whether we want to see the Trade and Agriculture Commission continue in its present form beyond the end of this year. I have tabled a similar amendment but calling for a different body—a permanent international trade commission, for the Trade Bill—and we will obviously consider that at a future date.

I am grateful for this opportunity to set out my stall. I hope that my amendment will find favour. With that, I beg to move.

Amendment 98 (to Amendment 97)

Moved by

--- Later in debate ---

Amendment 99 (to Amendment 97) not moved.

[Baroness McIntosh of Pickering (Con)]

I think we have had an excellent debate and I thank everyone who has contributed for their gracious remarks about all the amendments. Those who have spoken and who have put the amendments forward have gone to great lengths to consider the topic this evening and in Committee. Just to put my noble friend Lord Trenchard’s mind at rest—I am sure the Minister will confirm this—I cannot imagine for a minute that any Minister of the Crown serving Her Majesty’s Government would put anything forward that does not comply with World Trade Organization rules. We are, first and foremost, a nation that plays by the rules and abides by the rules and we have a good track record in that regard.

I would just like to express disappointment. I understand from the notes that came round that the Minister is prepared to answer a couple more questions if I raise them at this stage, and, if we are to vote on amendments tonight or at a later stage, I think this would be helpful to know. My noble friend listed again the bodies that look at food safety, but my concern is that we are continuing to confuse food standards and food safety. The noble Lord, Lord Trees, has done the House a great service this evening by pressing the Minister on which body will actually carry out the audits and inspections. I want to put that as a direct question to my noble friend, for the reasons the noble Lord, Lord Rooker, gave. If he is asking the Food Standards Agency to do this work, it is work that it already does when it is food coming in from third countries, as the EU and other countries will be when we have left.

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[Lord Inglewood (Non-Afl) [V]]

My Lords, in my capacity as chairman of the Cumbria Local Enterprise Partnership and as a member of the Cumbria Leadership Board, I have recently been involved in debates about carbon in that county. One of the things that concerns me is the debate around emissions which, inevitably, is not quite as simple as one might expect at first blush.

It is clear, however, that any strategy has to begin with where we are now. It must also recognise that it is almost inevitable that those with some kind of an interest are inclined to engage in special pleading. In the case of agriculture, I know that farming contributes; I am a farmer, and I know that my farm does. However, farmers, including myself, have to react and deal with what may be the considerable and costly implications of the appropriate response. As has already been said by one of the Baroness Joneses, the first thing is to have agreed metrics, and then to use them impartially to map the journey into the future, based on the information they give us.

Business accounts are compiled with agreed metrics and standards to present a true picture of the underlying economic activity. The same must be true with carbon accounting. I fear I may sound like a cracked record but, once again, the economic implications and consequences of effecting change must not destroy the agricultural industry and other rural land uses. As the Financial Times pointed out last weekend, the economic future for much of the UK industries in these sectors looks pretty parlous.

In the case of rural land uses, a number of activities are natural carbon sinks and cleaners. Those responsible for the framework of the new world must give proper financial recognition for that. In many cases, what they are doing now is being done for nothing, both for the general benefit of the wider public and the financial advantage of the polluters. Were polluters to actually have to pay, it not only would be a major step towards reducing emissions elsewhere but would help underpin the rural economy, parts of which are pretty fragile and part of left-behind Britain. The short truth of the matter is that insolvent businesses cannot deliver a brave new world in rural Britain. Furthermore, if that happens, a great deal of what we have been considering over the past days and weeks will turn out to have been pure fantasy. It is as simple as that.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome Amendment 100 and echo many of the sentiments in it, but pay regard to the role that farmers, landowners and the landscape have in reducing the challenge faced by climate change and helping to restore biodiversity, much of which has been discussed through the passage of the Bill.

There is a potential role for farmers in ELM schemes going forward. There is a lot more that the natural landscape can do, not least in areas such as national parks. I know that the North York Moors National Park is keen to play its role and is waiting to hear from the Government about how it can do that under the ELM scheme; in particular, what advice it can offer to farmers and rural businesses that can help. There will be opportunities to plant trees and to help carbon sequestration. Pasture-fed and grass-fed livestock will also help.

There are other opportunities in the Bill, which I hope my noble friend will explore in summing up this group of amendments. There are possibilities to adapt to and mitigate climate change. I always get excited about Slowing the Flow at Pickering and the possibility of rolling out other such schemes, working with nature to store water temporarily on the land. We must not lose sight of the fact that many farmers are small or tenant farmers. They do not own the land, so will not benefit from any of these schemes. I hope that my noble friend and the Government bear that in the back of their mind. The Bill already reflects a commitment that helps farmers to manage livestock in a way that mitigates and adapts to climate change. I welcome the opportunity provided by Amendment 100 to discuss those issues.

[Lord Judd (Lab) [V]]

My Lords, it really is quite obvious that this amendment is vital, and I congratulate my noble friend on having introduced it.

We talk a good deal about the impact of climate change on farming and all the difficulties and challenges that it presents, but we do not talk enough about the negative impact of farming on the climate and the acceleration of climate change that results from such negative realities. We also know that that need not be so and that a great deal can be done in farming at least to ameliorate the negative contribution but also to find ways of not contributing at all to the negative impact. From that standpoint, I believe it is essential that we have in place real and effective arrangements to measure and monitor changes in agricultural performance, habits and styles to meet the challenge that we are talking about.

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to move Amendment 44A. In doing so, I thank my noble friend Lady McIntosh of Pickering for her support. The amendment is incredibly straight- forward. It would enable farmers and all those in our rural communities to have the broadband connectivity and digital skills to operate confidently in that space.

As we have seen through the Covid crisis, our farmers have been on the front line in so many ways, filling in for long supply chains that should, in many ways, probably not have been that length in the first place. Our farmers have absolutely stepped up. Although they have been on the front line, they have often found it impossible to be online. The National Farmers Union broadband survey last year showed that 15% of those in our rural communities had no indoor broadband connectivity at all, and a shocking 36% could say they had only adequate broadband cover.

As we have also seen through the Covid crisis, it is not just the economic imperative to be online; there is a social and psychological dimension. Not only have our farmers not been able to run their businesses efficiently and effectively, the social dimension of keeping in contact with friends and family, and the psychological difficulties often felt with the remoteness of rural communities, have been brought home only too strongly through the Covid crisis.

Amendment 44A would put an end to this parlous position when it comes to broadband, digital connectivity and digital literacy. Earlier this year, in response to the EFRA Select Committee inquiry on broadband conductivity, the Government said that they had in principle put £5 billion in and would look at a shared rural broadband network. It was talked of in principle and intention. How do the Government intend to put that into will?

It is not just good soil and good farm management that produce our fabulous food, fruit and horticulture products but having high-speed broadband and the confidence and digital skills to operate in cyberspace as much as across the fields of the United Kingdom. We must demonstrate that we are all in this together. That means providing a level of broadband and digital literacy for all our farmers and all those in our rural communities. Does my noble friend the Minister agree? If the Government are not up for supporting the amendment, will she say how they intend to get the best out of all our rural communities, not least our farmers, to deliver on the levelling-up agenda and to drive economic, social and psychological benefits for our farmers and all those across our rural communities? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to support Amendment 44A and I thank my noble friend Lord Holmes of Richmond for tabling it. I pay tribute to his expertise, knowledge and sheer perseverance in this area. It gives me the opportunity to draw further attention to how woeful broadband and wi-fi connections are in many parts of rural England because places are simply too far—more than a mile—from the local box.

Also, many will not appreciate the issue with the mobile phone signal. I look directly at the Woolsack; I am sure this problem is not unfamiliar in Scotland. In the summer in parts of North Yorkshire where the red phone boxes have been removed it is inherently dangerous if you do not have access to a landline. It is incredibly important that we should have a good mobile phone service. I had hoped we would be able to piggyback on the police service, but apparently we are not able to do that for security reasons. North Yorkshire Police made a massive investment to make sure they could apprehend criminals by getting reinforcements where that was the case.

I take this opportunity to bring to my noble friend the Minister’s attention how in many areas of the dales and the moorlands of the north of England there is both poor mobile phone conductivity and woeful broadband—it is persistently bad. I welcome the amendment and the extra spending the Government have announced to be spent in areas such as North Yorkshire, recognising that this is the case.

We went into the last election and the previous one with a commitment to a universal service of “x megabytes by x date”. That date keeps moving. Can I press my noble friend on what date we will have universal service and on whether the additional funds that the Government can find can be spent on the 3% of the population who are hardest to reach? It grieves me greatly to be told that 97% of the population will have universal access to broadband but not the 3% of us who happen to live in rural areas. I want to ensure that we can reverse the priorities and spend the additional money, and any other money that is available, in these hardest-to-reach areas.

As my noble friend Lord Holmes set out, it is an unacceptable situation that, in the 21st century, children who are sent home from school because one of their class has Covid-19, and who are diligently trying to do their work at home, prevent farmers going online to fill in forms. I hope that the Minister uses her good offices to correct that situation.

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

My Lords, I congratulate the noble Lord, Lord Holmes of Richmond, for bringing forward this amendment. I suspect that other Peers did not realise that this amendment had been re-tabled, hence the short speakers’ list.

During the Covid-19 lockdown it became painfully apparent how inadequate the broadband system is, as the noble Lord, Lord Holmes, has said. It is vital that all areas of the country have good, fast and resilient broadband, especially those in our agricultural sector. Many Peers attempting to take part in virtual proceedings have struggled with connections suddenly dropping off or being unable to log on in the first place. In 2018, the average broadband speed in rural hamlets and isolated dwellings in a sparse setting was half that of major conurbations. Can the Minister say whether this has improved in the intervening two years?

In the aftermath of the Huawei fiasco, the Secretary of State was clear on the consequences of the Government’s decision to pull out. Operators charged with delivering 5G will now, without compensation, have £2 billion less to spend on rolling it out, at the same time bearing the cost of ripping out high-risk vendor 5G equipment by 2027. This is a huge proportion of the investment which was to be committed by the operators towards 5G rollout. Can the Minister say whether, in the intervening months since this decision was made, the Government have now reconsidered providing compensation to providers and consumers? The change in provider will delay the rollout of 5G by two to three years. Rural communities are already extremely disadvantaged in their connectivity. Many rural businesses have had to relocate to more urban areas to continue operating. Those in the farming community, like others, must fill in all their forms online. This now appears to be the Government’s only way of communicating with those residents to whom they attempt to provide services.

As the noble Baroness, Lady McIntosh, said, during the lockdown children were dependent on Zoom connectivity to take part in sessions with their teachers. Although this meant that they received some tuition, for many the connection was so poor that it was hopeless. If the Government are true to their word in wanting to support rural communities, it is vital that broadband connectivity and digital literacy are taken seriously. This is not a “nice to have” for the agricultural industry, but an “absolute must”. I look forward to the Minister’s response.

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[The Earl of Caithness (Con)]

My Lords, I welcome these amendments. I have only two questions for my noble friend.

It concerns me that these amendments have been tabled at this stage. Why did we not know about this problem before? Why has it only just come to light on Report? It worries me that we might be letting other issues through.

Are there any other related programmes affecting other industries where primary legislation might be needed to cover the gap, as my noble friend is covering it for agriculture in this instance?

[Baroness McIntosh of Pickering (Con)]

My Lords, I am pleased that my noble friend has tabled this group of amendments to clarify the legal situation in what seems a potentially vexatious area.

I want to place on record how dependent many heavily deprived rural areas have become on parts of the European rural development fund. To quote the noble Lord, Lord Mann, I want to place on record a bid to make sure that any offerings from the shared prosperity fund will include a heavy element of rural development and grants.

I also want to put a question to my noble friend the Minister. What will the natural end of these schemes be? I assume that they will be phased out. If the schemes are rolled over in the specific circumstances to which my noble friend referred, will they reach the natural end of their life by 2023? Will the LEADER programme and the other programmes that fall under the current rural development schemes—they have obviously had much funding from both EU and domestic funds—continue to benefit from the new ELM schemes? Is that the Government’s intention?

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I shall speak to Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, and to Amendment 53, in the name of the noble Baroness, Lady Boycott, both of which I have attached my name to.

I start with Amendment 53, which concerns adding household food insecurity to the matters on which the Government must report. As the noble Baroness, Lady Wilcox, noted earlier, adding to our remarks last week, although we can treasure the contribution of people who donate to food banks and the volunteers who work in them, food banks themselves are a national disgrace. No one should have to rely on charity to feed themselves. The government reports on food security and insecurity should also include not just what food is available but whether everyone has access to a full, healthy diet, and whether it is available to them financially, physically—I am thinking of things such as food deserts—and practically. On that latter point, do they have the cooking facilities and the energy they need to prepare the food?

On Amendments 50 and 52, I agree with an earlier comment that the question of whether the Government should report every three or five years is finely balanced. I welcome the fact that the Government agree that reporting every five years is not nearly often enough. I think that there is an argument to be made either way, although I can probably live with a three-year reporting cycle, and I hope it is something that we can get a real national focus on. Food security is one of the central roles of government—surely making sure that people do not starve has to be right up there.

I did a little survey of the news this morning, looking at what is happening around the world. I discovered that the Chinese corn crop is expected to fall by 10 million tonnes—nearly 4%—from the latest government estimates after heavy wind and rain toppled crops in major production areas in the north-east corn belt. That follows the events in America in August, when, across Iowa, 14 million acres of insured crops were damaged by what is known as the derecho—that is, conditions very similar to those experienced in China. I do not need to rehearse for your Lordships’ House just how difficult a year this has been for our farmers. The idea that we can simply rely on buying food on the global market is a very dangerous approach for all kinds of reasons, but food security has to be top of the list.

Just this morning I was at a Westminster Food & Nutrition Forum policy conference on the future of agricultural land use. There was a very interesting contribution from Adrian Aebi of the Federal Office for Agriculture at the Swiss embassy in the United Kingdom. I was interested to learn that Article 104 of the Swiss constitution provides that the agricultural sector shall sustainably make

“an essential contribution towards … the reliable provision”

of food and

“the conservation of natural resources and the upkeep of the countryside”.

Mr Aebi also informed us that the Swiss Government have clear targets for local food supplies and for improving diets, and they have expressed their intention of pushing towards a more plant-based diet for both environmental and human health reasons. I do not have the information to judge exactly where Switzerland might sit on a global league table of food policy but the UK clearly needs to do better. The Government keep saying that they want to be world leading in these areas, so we need to see clear targets from them on such things, particularly in relation to England.

It is interesting that reference to this issue is made in the Swiss constitution. Of course, we have our unwritten, accidentally accreted over many centuries, constitution that lacks such provisions. That is perhaps something to think about for the future.

I welcome the progress that we have made in this area. We have moved forward but we need to keep focusing on food security as a crucial part of government policy. Seeing all the work that is happening in your Lordships’ House on this issue, I am confident that certainly we will keep working on it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for recognising that the House was very uneasy about there being a five-year period between the initial and subsequent reports. If I understood him correctly when he spoke to this group of amendments, the Government will report at least every three years. However, if, for example, there is a shortage of food supply at home and a big fall in our self-sufficiency from the current 60%, and if, at any time after 1 January, there is any threat to the level of food imports into this country that could cause a future shock or crisis, I hope that my noble friend will take the opportunity to review this matter and report more frequently than every three years. However, I thank him for listening to the House and to those of us who raised these concerns at Second Reading and in Committee.

I support the right reverend Prelate the Bishop of St Albans in his Amendment 57, to which I have appended my name. It would require the Government to specify food security targets and implement actions to ensure that those targets were met. I hope that my noble friend would in the course of natural events seek to do that in the reports to which he has referred.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for listening and I thank noble Lords who spoke in Committee about the need for more frequent reporting on food security. It is important that we have more frequent reports on food security. Only this year, the Food, Poverty, Health and Environment Committee, of which I am a member, published a reported entitled Hungry for Change. It detailed the need for regular reporting and to address inadequate supply chains, which will be exacerbated not only by Brexit but by Covid. We need to address the effect of this global pandemic on the current levels of food insecurity in the UK, the developing world and other areas on which we rely for food.

I also support Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, which I regard as probably an interim measure. I was happy to put my name to the amendment of the noble Baroness, Lady McIntosh of Pickering. She and I well recall our time as members of the EFRA Select Committee in the other place, of which she was chair. The committee found that levels of food security and food insecurity were equally inadequate and required to be addressed. Perhaps now we are getting to grips with this issue, which will have been made worse by Covid and Brexit.

On food provenance, it is important that we know where our food comes from and that it is properly controlled. People should receive an adequate supply of food and should no longer have to resort to food banks. However, the reality is that many people rely on them. We have to try to ensure that people have access to the right benefits, and in that regard there should be a review of the whole universal credit system.

Will the Minister talk to his colleagues in the Department for Work and Pensions to address the issue of food security? It is a global issue as well as a domestic one. We need specific food security targets to be set on an annual basis, although I welcome the move to a three-yearly basis. Relevant reporting to Parliament is also required every three years, although I would also prefer to see that on an annual basis. We have to see what is actually going on, and when we have witnessed that, surely Parliament, working with the Government, can take appropriate action to address deficits in both food security and insecurity.

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[Lord Judd (Lab) [V]]

My Lords, my heart always cheers when I see an amendment to any legislation by the noble Lord, Lord Krebs. He brings experience, wisdom, knowledge and insight in a disciplined way to our proceedings, and I thank him warmly for this amendment. I am also glad to see my noble friend Lady Jones in full support.

We can in this House sometimes sound a bit like a Greek chorus, wringing our hands about what is wrong, social evils and the things that are failing to deliver the kind of society we all claim to want to see. The great thing about this amendment is that it takes the opportunity of this Bill to bring in a comprehensive and disciplined way some muscle to what we are going to do—demanding plans for action in specific areas by specific dates.

I have just looked through the list in the noble Lord’s amendment and think of all the hours that we have spent in this House discussing these things:

“increase sustainability of food production … improve dietary health and reduce obesity”—

how we lament obesity, but here is a firm suggestion as to what we should do about it. The list continues:

“incorporating the environmental sustainability of food into the Eatwell Guide … ensuring that domestically produced food meets environmental sustainability standards … ensuring that food waste is minimised”—

the noble Lord, Lord Greaves, spoke powerfully on this point; I too become appalled and disgusted when I see the mountains of food that go to waste. The amendment further calls for:

“ensuring that public procurement meets both health and sustainability standards … providing increased funding for research and development into sustainable agriculture … supporting local and regional food identities … supporting procurement of food produced in the United Kingdom where appropriate and sustainable … developing an assurance scheme for food produced in the United Kingdom to enhance consumer confidence in the safety, quality and sustainability of such food … ensuring the reformulation of less healthy foods using fiscal and other appropriate means … restricting the marketing, promotion, and advertising of less healthy food both in retail outlets and through the media … reducing food insecurity, food poverty, and obesity in the lowest income groups”—

how we profess our concern about this grave social issue, but in the midst of our society we have these areas in which food insecurity, food poverty and obesity are so prominent.

I could go on, but I quote at length from the amendment because the points in it need to be spelled out for all to hear. I am very glad that the amendment has been moved. It is a helpful way of bringing the production of food and the whole system of agriculture into a direct relationship within a comprehensive strategy for dealing with many of the social and immediate problems which confront us. It is a terrific amendment and I shall be glad to support it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Krebs, on moving this amendment, which on the face of it has much to commend it and covers a wide-ranging issue. In his introduction, he stated that he wanted to put in the Bill what the Government are committed to doing to deliver safe, healthy and affordable food to all. I cannot imagine that any Member of your Lordships’ House would disagree with that.

We are very fortunate to benefit from the expertise and knowledge of the noble Lord, Lord Krebs, the noble Baroness, Lady Jones of Whitchurch, the noble Baroness, Lady Boycott, who is, of course, a member of the advisory panel on the national food strategy, and indeed the noble Baroness, Lady Bakewell of Hardington Mandeville, all of whom have signed this amendment.

The noble Lord also went on to say that the Government are committed to publishing a White Paper six months after the publication of part 2 of what I call the Dimbleby report on the national food strategy. After that, Mr Dimbleby is invited to review progress six months later. My concern with the amendment, and I look forward to what the Minister will say in summing up the debate, is that it pre-empts part 2 of the national food strategy. It is not always that I say this, but again I commend the Minister in this regard, because the Government seem to be on the side of the angels and have commissioned Henry Dimbleby to produce his report. I pay tribute to Mr Dimbleby and all those who have contributed, such as the noble Baroness, Lady Boycott, Minette Batters and a host of others who have huge expertise and add great value in this field.

I understand, looking at the first part of the national food strategy, that the recommendation covers two main themes: making sure that a generation of our most disadvantaged children do not get left behind, that eating well in childhood is seen as the very foundation stone of equality and opportunity, and so it goes on; and then the second part of part 1, which I am going to draw on heavily when I come to later amendments. Mr Dimbleby talks of the essence of sovereignty being freedom, saying that this is a one-time opportunity to negotiate our new trade deals, that the Government must protect the high environmental and animal welfare standards of which our country is justifiably proud, and so it goes on.

So I am slightly confused, because I do not disagree with one iota of what is in this amendment. But there are many issues that I have found cause to criticise the Government on, and my noble friend has been patient in the extreme in listening to this, both outside and inside the Chamber, and I thank him for that. But when the Government have gone to the lengths of commissioning a national food strategy, are we not being a little pre-emptive in Amendment 58 before the House this evening?

[The Earl of Dundee (Con) [V]]

My Lords, I support Amendment 58 on the national food strategy in the name of the noble Lord, Lord Krebs, connecting as it does to the useful Amendment 53 in the name of the noble Baroness, Lady Boycott, which we have just debated and which recommends that government reports on food security should include assessments of household food insecurity.

As has been said, healthy food and a healthy environment are central to the Bill; therefore, it would be consistent with the Bill if the Secretary of State should present a food strategy to Parliament. As the noble Lord, Lord Krebs, has indicated, its aims should be to increase sustainability of food production, to support food production and consumption and, not least, to improve dietary health and reduce obesity. I hope the Minister will back this proposal.

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[Lord Carrington (CB)]

I declare my interests as a farmer and landowner, as set out in the register.

I welcome the provisions in the Bill that will allow the Government to provide financial assistance where there is a disturbance to markets for agricultural commodities causing producers to face reductions in income. However, I am concerned that the Bill unnecessarily constrains the Government from acting in all relevant circumstances. The Bill as presented to us will not provide the Government with sufficient ability to intervene in markets where disruption has been caused by environmental factors such as weather—for example, drought or flood, both of which we have had examples of in recent years.

I have taken on board the comments of the noble Baroness, Lady Bloomfield, when similar amendments were debated in Committee and, while I agree that farm businesses need to take responsibility for resilience and sustainability as far as they can, we are looking here at events which are, generally, one-off events which occur outside the control of the farmers affected. For instance, in the case of floods, the farmer has no input into the maintenance of sea walls and other major flood defences.

I am aware of past suggestions that farmers should look to use some form of insurance facility to cover those eventualities but, in reality, such insurance is either unavailable or accessible only at disproportionate cost. In other countries, Governments have offered such insurance, but this has proved extremely costly to the taxpayer and has encouraged moral hazard.

There are also farming disasters which continue on a chronic rather than an acute basis, such as animal disease—for example, bovine TB. The Bill provides only for acute circumstances. In highlighting the issue of chronic or long-running issues, the amendment does not require the Government to intervene in those widened circumstances but provides a mechanism for the Government to do so if it believes it necessary. This seems an entirely sensible approach within an enabling Bill, which contains so much about providing the Government with powers to act when necessary. I emphasise that this amendment provides a power, not a duty.

Although the Minister indicated that the objective of the Bill’s provisions is to deal with acute rather than chronic issues, I believe it would be a major missed opportunity not to include power to deal with chronic issues within the legislation. Without the power to intervene in markets where environmental or chronic issues prevail, the Government could be rendered impotent in responding without bringing forward further primary legislation. Surely it must be better to ensure that the powers are available in the Bill on a forward-thinking basis rather than belatedly having to take them when an issue needs to be addressed. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I congratulate the noble Lord, Lord Carrington, on tabling these two amendments, both of which I support; I am delighted to have co-signed Amendment 108.

I have just one question. I spoke at some length in Committee, and my noble friend the Minister was generous in her closing remarks in that debate, stating that there is current legislation that would pre-empt these provisions. The noble Lord, Lord Carrington, referred to the specific example of flooding; obviously, one could refer to others, such as the current pandemic. In this instance, I am delighted to say that farmers managed to get the food into the shops and on to the supermarket shelves, and worked all hours to do so. There could, however, be shocks and other glitches to the supply chain. These two amendments provide for such circumstances and it would be neat, in my view, to include them in the Bill.

My question to my noble friend when she sums up is very specific. I think she referred to the new farming recovery scheme as a case in point where there is current primary legislation on which farmers could depend if such assistance was required. But to my certain knowledge, when farmers in North Yorkshire, in the constituency of our right honourable friend the Chancellor of the Exchequer, applied for the scheme, they were given the proverbial raspberry. We saw the devastation caused to the farms and to tourism in the area. They are still reeling from that result. That was in January—it seems an awfully long time ago, but it was only January this year—and they were still not back on their feet when they had to deal with the total lockdown from March onwards.

I should like my noble friend to revisit that legislation and, if she does not have time to do so today, leave a note in the Library on why she is convinced that that legislation covers the scenario set out in these two amendments, because in my experience it certainly did not in the case of North Yorkshire and our right honourable friend.

[Lord Northbrook (Con)]

My Lords, I meant to declare my interest as a landowner and arable farmer in my earlier contribution. I support Amendment 59, as I did in Committee. It is very important to have the power to extend financial assistance to events caused by natural phenomena, as well as the economic problems already covered by the Bill. As the noble Lord, Lord Carrington, stated, the amendment moves beyond global market changes to other triggers, such as extreme weather and disease. Like him, I do not believe that the extension should be used as an excuse for farmers to claim that they have been victims of circumstance, particularly if caused by their own inefficiency or incompetence. Like he does, I believe that it is very important that once a natural phenomenon event has been identified, intervention should be implemented without delay.

As other noble Lords have stated, the Minister said in Committee that this situation is already covered by current legislation, but I bear in mind the recent comments of my noble friend Lady McIntosh about the situation in North Yorkshire. I also ask the same question. I believe the amendment should be in the Bill.

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[Lord Thomas of Gresford (LD) [V]]

My Lords, these powers under Chapter 2 of Part 2 of the Bill make a declaration that exceptional market conditions which trigger financial assistance of a varying kind are to be exercised by the English Minister by way of regulations made under the negative procedure. That means that they will escape extensive parliamentary scrutiny, as we are well aware.

The sort of market conditions that Clause 18 has in mind is where there is a severe disturbance or a threat of such disturbance to agricultural markets that would have such a significantly adverse effect on producers in England as to constitute exceptional market conditions. That is to be judged by the limited criterion of the prices farmers receive for the sale of their agricultural produce. It is made clear in the Explanatory Notes that the devolved Administrations in Wales and Scotland have the ability, under their devolved powers, to make similar arrangements within their own jurisdictions. The noble Baronesses, Lady Ritchie of Downpatrick and Lady Bennett, have outlined the unsatisfactory position in Northern Ireland, and I support their call for clarity. However, I suppose that that is the reason it is thought these clauses do not require legislative consent from the Welsh Senedd or the Scottish Parliament —let them do their own thing.

But of course, if exceptional market conditions exist in England, they are bound to have an effect, certainly in the borders of Wales that I know best. I recall that Welshpool was once the largest market for sheep in Europe, but there are equally strong markets in both Oswestry and Shrewsbury, and what happens in one affects the others. I remember that when I was chair of Marcher Sound, broadcasting to north Wales and Cheshire, our farming report every morning at six o’clock broadcast the price of hoggets in markets on both sides of the border. This was vital early intelligence as I headed for the London train.

It seems common sense that introducing financial assistance to English farmers under Chapter 2 would have a vital effect on prices and risk unfair competition. Moreover, agriculture is a significant part of both the Welsh and Scottish economies, as the noble Lord, Lord Bruce of Bennachie, pointed out. Surely decisions of this nature should be subject to consultation with, and consent by, the devolved nations. I have no knowledge of the markets of Carlisle and Berwick, but I have no doubt that there would be serious financial implications for those agricultural markets, and equally for those in Northern Ireland.

It may be suggested that exceptional market conditions could be so exceptional that an English Secretary of State would have to move quickly with no time for consultation, but surely he would move and should move in step with the devolved Administrations, and certainly not with any of the belligerence to which my noble friend Lady Humphreys referred.

The Minister will recall that, at the Second Reading and Committee stages of this Bill, I raised the issue of internal markets and price stability, not knowing that the now infamous Internal Market Bill was about to be unveiled to the world. Did the devolved Administrations know of the contents of that Bill? Their alarmed reaction demonstrates that they did not. It is a Bill that is perceived to be a unilateral grab at former EU powers which ought to be directed immediately to the devolved Administrations, and I promise that I will not even mention the attack on the rule of law.

The Government sometimes tell us that we have already left the EU, so get over it. Well, devolution is a fact of 20 years’ standing, and it is about time that the Government understood that one of its main implications is the need for consultation and consent. There is a limit to the extent to which lack of time can be pushed when there is no consultation. As the whole country knows, the reason for the rush and haste and us being here until midnight discussing this Bill is due to the hazard which this Government chose to construct for themselves. I support Amendments 60 and 92 in this group, and I look forward to the Minister’s response.

[Baroness McIntosh of Pickering (Con)]

I should like to speak to Amendment 109 in this group and I congratulate the noble Baroness, Lady Ritchie of Downpatrick, on bringing this point to the attention of the House. This part of the Bill, which concerns the devolved nations, is a particularly grey area as regards how it is to be administered. The noble Baroness and the authors of other amendments in this group have done the House a service by throwing light on these issues. I had hoped to put my name to Amendment 109, but I was not surprised to see how much support the noble Baroness, Lady Ritchie, has had.

I want to pay tribute to the noble Baroness’s work in this regard. She is a former Member of and was a Minister in the Northern Ireland Assembly and she was a great support to me in the Select Committee on Environment, Food and Rural Affairs in the other place. Rather unnervingly, she was always in her seat before I took my place, which is a little disconcerting when you are chairing a committee. I am sure that she will play a prominent and active role in the new Select Committee on Common Frameworks Scrutiny, to which she has just been appointed, and I congratulate her on that.

I hope that my noble friend the Minister will have regard to the concerns that have been raised in this group of amendments. He and I have had conversations before on the common frameworks and what progress has been made on them, so I will pay close attention to his response. Once again, I thank the noble Baroness, Lady Ritchie, for bringing forward her amendment in this group.

[Lord Alderdice (LD) [V]]

My Lords, I am delighted to support the noble Baroness, Lady Ritchie of Downpatrick, along with other noble Lords, in Amendment 109. As usual, she has set out the arguments clearly and in substantial detail, and I do not intend to rehearse what she has already said. However, on 23 July, I made a number of points when we were discussing a similar approach to these things in Committee. I want to repeat some of those and add to them because the situation has changed and developed in a very unhelpful way.

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Moved by

[Baroness McIntosh of Pickering]

61: Clause 27, page 22, line 4, leave out “may” and insert “must”
Member’s explanatory statement
This amendment requires the Government to provide regulations for fair dealing obligations of business purchasers of agricultural products.

[Baroness McIntosh of Pickering (Con)]

My Lords, I rise in the absence of, and at his request and with his permission, the noble Lord, Lord Empey, who has been unavoidably called away and sends his apologies. His two amendments refer to Clause 27. They are minor amendments but would have significant consequences.

The clause relates to fair dealing obligations of business purchasers of agricultural products and enables the Secretary of State to make regulations in respect of them. The regulations may be sector specific or in general terms. As we learn from the Bill’s Explanatory Notes, the Bill provides the Secretary of State with the power

“to make regulations to introduce obligations that promote fair contractual relationships between primary producers, producer organisations, associations of producer organisations, produce aggregators and the business purchasers of their products.”

Obviously, there is a great desire for fairness and for protection from unfair trading practices.

At the kernel of the two amendments from the noble Lord, Lord Empey, is a wish to ensure a better relationship between the processors, the supermarkets and primary producers. I am sure that this is a concept with which all noble Lords agree. Rather than press his amendments at this stage, he seeks to ensure that we enable primary producers to make the investments they wish to make to meet the new responsibilities they face as set out in Clause 27.

The noble Lord, Lord Empey, went to great pains to state, and I am sure that he has reassured my noble friend the Minister of it, that rather than press the amendments to a vote at this stage, he is grateful for the opportunity to set out the views expressed in them and seeks an early meeting with the Minister if it would be possible. I beg to move.

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

My Lords, I had an exchange of emails yesterday with the noble Lord, Lord Empey, to make sure that I understood his amendments correctly. He basically put it to me that he wishes to place an obligation on government rather than for it to have a discretion, which is as the Bill is drafted, to make regulations on fair dealing. I have told him that I support the fair dealing provisions in the Bill—I said so in Committee—particularly with regard to food waste, which is often in effect forced on farmers, making them less competitive and environmentally more wasteful, by the requirements of supermarkets, which I do not think is fair dealing. I am all in favour of that, but I am less convinced about the placing of such an obligation on Ministers. However, these issues can be well discussed in the next set of amendments, about the role of the Groceries Code Adjudicator.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I am grateful to my noble friend Lady McIntosh for introducing this amendment on behalf of the noble Lord, Lord Empey. I confirm that my noble friend Lord Gardiner has agreed to meet the noble Lord, Lord Empey, at the earliest opportunity.

There is no doubt that the Government will use these powers. The introduction of fair dealing obligations is vital in the creation of a more equitable supply chain. This is a point on which there is wide agreement. However, the Government believe it is equally important that these obligations are appropriate and proportionate and produce the right outcomes.

To ensure this, the Government intend to consult industry before regulations are made, to ensure that they are properly tailored for the issues at hand. In this regard, a UK-wide consultation exploring contractual issues in the dairy sector has recently been concluded. The consultation invited a broad range of views about future regulations, asking specific questions about various issues. Some of these issues, such as contractual exclusivity, are almost unique to the dairy sector. The Government intend to repeat this approach for any future exercise of the powers in Clause 27, allowing the views from industry and other stakeholders, often about very detailed sector-specific issues, to inform final decisions.

The introduction of blanket obligations across the whole of UK agriculture would hinder the ability to reflect the specific nuances of each sector and potentially fail to address the specific problems experienced by particular types of producer. Also, given that certain agricultural sectors are far better integrated than others, comprehensive obligations could ultimately lead to provisions being introduced into sectors where they are simply not required.

I hope I have given sufficient reassurance and ask my noble friend to withdraw the amendment on behalf of the noble Lord, Lord Empey.

[Baroness McIntosh of Pickering (Con)]

I am most grateful to those who have contributed to this debate and am sure the noble Lord, Lord Empey, is grateful for the opportunity to have put forward his views and the sentiments described in these two amendments.

My noble friend is absolutely right that the consultation with the interested parties that has just concluded will be crucial in the development and implementation of the regulations. It would be helpful to have confirmation that these responses will be available on the web so that we can look at them when it comes to implementing regulations before the House at that time.

At this moment, given the confirmation of a meeting with my noble friend Lord Gardiner, I am sure it is the wish of the noble Lord, Lord Empey, with the leave of the House, to withdraw the amendment.

Amendment 61 withdrawn.

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[Lord Grantchester (Lab)]

I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, the noble Lord, Lord Curry, and my noble friend Lord Whitty for adding their names to this amendment and to many of my following amendments, which introduce the office of the Groceries Code Adjudicator as the mechanism by which these fair dealing provisions under Clause 27 will be administered. At this stage I will mention that the noble Lord, Lord Curry, asked me to express his disappointment that he has had to leave tonight because of the late sitting of our proceedings; he cannot get home without leaving immediately. He would have liked to have been present to make his remarks on this important series of amendments to this clause.

I introduced these amendments in Committee as probing amendments to draw out from the Government how they expected to take these provisions forward. As with many features of this framework Bill, so much of the detail and the governance arrangements are not being made explicit in the Bill.

That these provisions have been recognised as needed and necessary to the better conduct of a fair market is something that the Government can be congratulated on. The debate in Committee underlined how effective the GCA Act has been in setting out and policing business practice in the GSCOP, which now regulates the behaviour of the retail industry, which must abide by it in its relationships with its direct suppliers. There was universal praise for Christine Tacon on how she, as the adjudicator, successfully encouraged effective change to become embedded down the supply chain.

In response, the Minister explained that his department, Defra, would be the lead department in delivering these obligations. The Government intended to commence these regulations agricultural sector by sector, starting with the dairy industry. This has already started, with a consultation on the operation of contracts that is drawing to a close next week, as I understand it, on 24 September—that is, three months after the opening of the consultation in June. However, I may be corrected, as on a previous amendment the noble Baroness the Minister said that it has already closed. That it is on the cusp of closing or has already closed is regrettable in that we are not able to deliberate on the consultation in our considerations on the Bill.

I table these amendments again to give the House a chance to debate these important provisions and reflect further on the Government’s approach. I state again that Clause 27 is a very bold and ambitious step that the Government have taken. I express concern that, although the groceries code has proved very effective in stabilising fair dealing provisions in the retail sector, difficulties remain regarding whether this was the appropriate mechanism to cover the whole of the supply chain: the service sector as well as the retail sector, the widespread diversity of food products in the supply chain and how they are delivered across many forms of enterprise and business practice.

The Government are undertaking a huge task and care must be taken, as a one-size-fits-all regulatory regime may not fit all in the appropriate manner. The problems and solutions in one sector and the relative merits in the behaviour of various participants may not be suitable to be applied across the board to all sectors, each with differing market imperatives, regarding how the various markets may be made to work more effectively. That there is an imbalance in negotiating power between the primary producer through the processing, manufacturing and product development supply chain and the end market is not in doubt.

I shall not press these amendments tonight, nor support other amendments, including Amendment 87 should it be pressed. The Government have set out on the task and already started a consultation with the dairy sector. As I set out in Committee, I was concerned that these provisions had a narrow focus on contracts. Indeed, Clause 27(1)(a) specifically addresses contracts. Fair dealing provisions should examine the business relationship in its widest implication and interpretations that encompass many various circumstances that arise in primary production. However, it must be recognised that a first step is being taken, and it is starting at a very pertinent point—the contract.

In the interval between Committee and Report over the Summer Recess, I spoke to many in the dairy sector, especially those at the foot of the supply chain—the dairy farmer and his or her processor. I can tell the Minister that the department’s consultation has been widely promoted among the many sections of the industry: the farmer, the producer group representing the farmer’s suppliers, and the processing industry. Many have shared their submissions with me, and I am sure that the Minister’s department will receive a widespread response. Here and now is perhaps not the place to debate this further; I will add merely that the voluntary code of practice—VCOP—in contracts, introduced in 2012, has proved ineffective in improving fairness and transparency on a wider scale and, as has been experienced during this pandemic, urgency is needed to tackle the problem more extensively and in a comprehensive fashion.

I also note that this is a widespread problem throughout the industry that now extends across borders, with the overseas ownership structure covering the dairy industry in both the UK and Europe. The EU is also pressing on with its solutions, through directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chains. Can the Minister make any comment, even though the consultation has barely closed, on the progress of the consultation, concerning the numbers, extent and general features beginning to become clear? Even in the immediacy of the lockdown, the retail relationship with the supply chain is today much better than it has been, due to the activities of the Groceries Code Adjudicator.

Will the department be separating out submissions from the retail sector and the service sector from this consultation? The consultation does not mention the wider farmer-processor relationship with the ongoing supply chain, and specifically with the retailer. Will the Minister give a commitment that further inquiries will be conducted as the submissions are considered? It may prove difficult to make immediate recommendations. Reflecting across other sectors in the industry, can the Minister give any indication as to when further consultations will be progressed? Which sector has the department next in mind? Furthermore, how might the various sectors combine to find comprehensive answers to this very difficult problem of fair dealing in the industry, a problem that is now being tackled by the Bill? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Grantchester, and the co-signatories for bringing forward Amendment 63 and others in this little group. Amendment 67, in my name and that of the noble Baroness, Lady Ritchie of Downpatrick—I thank her for supporting this amendment —seeks to achieve precisely the same ends. I join with the noble Lord, Lord Grantchester, in expressing regret that the noble Lord, Lord Curry, is not able to speak to this group, but I entirely understand the circumstances in which he felt he had to head north.

Again like the noble Lord, Lord Grantchester, I pay tribute to the Groceries Code Adjudicator, who has done a sterling job in regulating the relationships between the major retailers and direct suppliers. I was most grateful to have the opportunity to discuss this amendment with my noble friend the Minister, who I understand may be able to signify some movement in this regard. I look forward to that with great interest.

I hope that the Government are minded to widen the remit to cover the gap that needs to be plugged by including the indirect supply chain, such as dairy, which is currently excluded from the process. For dairy producers and fruit growers, many of whom are quite small in size, it is extremely difficult to bring a complaint to the Groceries Code Adjudicator. That is why I am very keen—and it is something that we concluded some seven or eight years ago on the Environment, Food and Rural Affairs Select Committee next door—that it should be incumbent on the Groceries Code Adjudicator to bring forward, on her initiative, investigations in this regard. The indirect supply chain, as well as the direct, is extremely important for these small suppliers, and things do sometimes go awry. We should not be entirely reliant on complaints from small producers and growers who can too easily be identified and may, as a result, lose their contract, livelihood and mainstay of their income.

I very much support the Groceries Code Adjudicator taking over this role. I understand the difficulties, as she reports to a different department. If there has been some movement and my noble friend is able to see a way forward in this regard, I think it would be very welcome to the House.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I support this suite of amendments. As the noble Baroness, Lady McIntosh of Pickering, has said, I was quite happy to add my name to her Amendment 67 but, in fact, all these amendments as elucidated by the noble Lord, Lord Grantchester, clearly seek to achieve the same ends, namely to widen the remit of the Groceries Code Adjudicator in the indirect supply chain, to benefit those in the dairy industry and fruit growers’ association.

I pay tribute to the outgoing Groceries Code Adjudicator, Christine Tacon, and welcome the new person to that role. It is interesting that there was a review published on 16 July this year into the role of the Groceries Code Adjudicator, which found that:

“The overall evidence from the review also suggested there is still a need for”


such an organisation and such a person,

“to ensure retailers comply with the requirements of the Groceries Code.”

Some responses to the review indicated that some suppliers are still reluctant to raise issues with the Groceries Code Adjudicator. The Government recognise in the report the steps that the current Groceries Code Adjudicator has taken to encourage suppliers to raise issues and make the commitment to work with the next Groceries Code Adjudicator—the new person in that job—and the retailers directly.

Since the Groceries Code Adjudicator is the independent regulator ensuring that regulated retailers treat their direct suppliers lawfully and fairly, it would be good at this stage if the Minister could show us a certain direction of reflection in his thinking in respect of the amendments in this group, which seek to widen the remit of the role to cover the indirect suppliers and to ensure that there are greater levels of regulation.

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[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

I call the next speaker, the noble Baroness, Lady Bennett of Manor Castle. The noble Baroness is not here, so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to the noble Lord, Lord Wigley, and my noble friend the Duke of Montrose, for introducing their respective amendments. These two amendments refer back to comments that I made earlier about the status of the common framework agreements. It is very clear at this time that this is a fuzzy area and it is not quite clear what the status of the common framework agreements is—and yet, in the very specific circumstances that both noble Lords speaking to Amendments 68 and 68A referred to, time is pressing on and we need to know how the different Administrations across the United Kingdom will administer this part of the Bill.

My question to the Minister is: what is the status of the common frameworks at this time? I understand that they have been reduced to 21, but obviously the process is ongoing. It would be helpful to know whether this level of detail has been reached in the current negotiations and how circumstances referred to in Amendments 68 and 68A can be avoided if at all possible.

[Lord Rooker (Lab) [V]]

My Lords, I avoided devolved issues in Committee and was seeking to avoid them on Report, but I want to come in to support the noble Lord, Lord Wigley.

I have a couple of points to make. One is a general one, and it is no reflection whatever on the Ministers on the Front Bench: the Government do not do devolution. My experience of that comes from 2010 to 2013, some years ago now, when I was chair of the Food Standards Agency and the coalition Government came in. It was quite clear that there was a major problem with their attitude towards devolution, and I think that has carried on. I realise that there are relations between Ministers and they talk to each other, but the government machine does not do devolution.

My more specific point is that I plead guilty on two issues, really. The Agriculture and Horticulture Development Board was one of my babies when I went back to MAFF, or Defra, in 2006. The merger of the six levy boards was done under my watch. Of course, I realised at the time that I was the English farming Minister, not the Great Britain farming Minister, and the issue applied only to England. Furthermore, before that—this shows, I freely admit, that as the years go by I get a bit out of date, and I have had a year when I have not been on the ball, as it were—the cattle tracing service for passports and birth information, located in Workington at the time, was a UK-wide body; indeed, we recruited Welsh speakers. It could be that that has been taken apart and is no longer there, but the fundamental issue behind all this is traceability.

One reason we do it is self-interest, but the reason we were forced to do it by the European Union, as it does elsewhere, is so that we know what animal has been where if a disease breaks out. The issue should not be one of a dispute between devolved Administrations not being able to access the information; it is absolutely fundamental that the traceability of animals, their movements, the feed they have had and other matters is available if an animal disease breaks out—I hope that it does not happen but we have to prepare for the worst—particularly where there is a transfer to humans, or indeed if it is widely spread to other animals because they move around the country, as has just been said, east, west, north and south, and that leads to real problems.

So, first, I fundamentally doubt that the Government really do devolution. Secondly, in an area like this, Clause 32 is quite specific that the Government are in fact taking on board UK-wide information; indeed, relating to Scotland as well. The Minister is going to have to explain exactly what the detail is in terms of the devolved Administrations and how traceability—and the way we need it to operate in an emergency, because it is always an emergency when you actually need it—will actually function.

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[Baroness Rock (Con) [V]]

My Lords, I declare my interest as a director of Wrackleford Farms Ltd, a tenant farming enterprise. I shall speak to Amendments 81, 82, 83, 85 and 86, which stand in my name. I am grateful for the support of the noble Baroness, Lady Bakewell of Hardington Mandeville, for these amendments. I shall also speak to Amendments 69 and 89 in the name of the noble Earl, Lord Devon, Amendment 84 in the name of the noble Lord, Lord Wigley, and Amendments 87 and 88 in the name of my noble friend Lady McIntosh of Pickering.

In speaking to my Amendment 81, I speak also to Amendment 84 in the name of the noble Lord, Lord Wigley, which will achieve the same outcome for Wales prior to it coming forward with its own legislation, as this amendment envisages for England. This amendment is a straightforward change to require the Government to come forward with the necessary regulations to allow an agricultural tenant to refer to dispute resolution an unreasonable refusal from a landlord following a request made by the tenant to join a scheme developed under the provisions for financial assistance.

While the Government may give an assurance that they will use the power available in this part of the Bill to bring forward the necessary regulations, there is no reason why the Government should not commit to doing so in the Bill. Tenant farmers are rightly concerned about their ability to access new public payments for public good schemes in light of their tenancy agreements and some of the restrictive clauses which they contain. Tenants must be given the assurance that they will be able to enter new schemes without the landlord being able to unreasonably withhold consent. The change which this amendment will make is entirely in line with the Government’s policy and should not cause any issue for them but at the same time it would give a tremendous boost of assurance to tenant farmers who are looking at the possibility of taking part in new schemes as they develop.

Sadly, there are circumstances where landlords refuse consent on an unreasonable basis for their tenants to enter schemes. Although it may be considered prudent for landlords to allow their tenants to remain profitable, it can sometimes be the case that landlords seek to use the leverage involved in having to give their consent to make unreasonable demands of their tenants, including surrendering secure tenancies in favour of insecure farm business tenancies, seeking the surrender of land, buildings or dwellings or merely to make the life of the tenant difficult. Having said that, there are, of course, plenty of examples where relationships between landlords and tenants are very good and where the changes being envisaged by this amendment would not be a risk to those good relationships or undermine what the parties are trying to achieve in those circumstances.

Amendment 82 closes a potential loophole in the provisions of the Bill around gaining the consent of the landlord, which is required to be obtained by the tenant in entering a financial assistance scheme. The Bill contains a relatively narrow set of criteria which need to be in place before the tenant has recourse to potential dispute resolution for an unreasonable refusal of consent to join a financial assistance scheme. The Bill envisages providing the tenant only with the option to object where the tenancy agreement or legislation governing the relationship between the landlord and the tenant restricts the tenant’s ability to participate without the landlord’s consent. However, there may be individual requirements set out within the financial assistance schemes which require tenants to seek the landlord’s consent. It may be because of the nature of specific land use changes envisaged by schemes being considered by tenants. Currently, that situation would not be covered by the provision in the Bill, and the amendment seeks to address that by ensuring that all refusals by a landlord can be referred by the tenant to dispute resolution on the grounds of reasonableness.

The Government may say that they will ensure to address this point in the way in which they design schemes, and I have some sympathy with that, but it would be better to have the provisions in the Bill rather than have to rely on individual schemes having their own appeal mechanism.

Amendment 83 would address specific issues around unreasonable restrictions within tenancy agreements which prevent farm tenants investing in their holdings to carry out activities or improvements which assist with the productivity or sustainability of the holding. This could include using the holding for non-agricultural activities which are in keeping with and complementary to its agricultural uses, which many farms want to do and which adds much-needed financial stability to those holdings.

Many tenants will have agreements which require them to seek their landlord’s consent for the installation of new fixed equipment or to carry out new activities where the requirement for the landlord’s consent is absolute. In these circumstances, there is no recourse for the tenant, who feels aggrieved by a refusal from the landlord. In that it is a point of public policy that farming should become both more productive and more sustainable, it would be an error not to allow tenants the same ability to fulfil those objectives as others. Of course, reasonable landlords will give reasonable consent for activities which improve the productive capacity of the holding and/or its sustainability, but, sadly, there are situations where such consent is not forthcoming. This is mostly because landlords are seeking to extract other concessions from their tenants, as I have set out previously. This amendment does not seek to provide a carte blanche ability for tenants to avoid reasonable clauses within their tenancy agreements, but it would provide the opportunity for them to appeal against an unreasonable refusal from their landlord. Indeed, this suggestion formed part of the recommendations of the Tenancy Reform Industry Group in its report to Defra in October 2017.

Amendments 85 and 86 would enhance the franchise of individuals who are able to apply for succession of tenancy for the limited number of Agricultural Holdings Act 1986 tenancies which continue to have rights of succession. Where those rights of succession apply, a narrow list of close relatives are able to apply to be considered to be eligible to take on succession tenancy. Up to three generations of members of the family can be tenants of the same holding. The current franchise includes husbands, wives, civil partners, sons, daughters, individuals brought up in farm families and treated as children of a marriage or civil partnership, and brothers and sisters of the deceased or retiring tenant. However, crucially, the list of potential successors does not include the grandchild, the nephew or the niece of the deceased or retiring tenant, nor does it include children from a cohabiting partner of the deceased or retiring tenant. The amendment seeks merely to correct for those omissions. This is also an issue that was considered by the Tenancy Reform Industry Group. It is often the case that the most appropriate successor in a family business is not to be found in the immediate generation but in the next, and there is no reason to deny the ability for the tenancy to be passed to those individuals should they also be able to meet the other eligibility criteria.

I strongly support Amendment 87 in the name of my noble friend Lady McIntosh of Pickering, as it seeks to provide a framework for encouraging longer-term farm business tenancies. As the noble Earl, Lord Devon, raised, the average length of FBTs is under four years. With 90% of all tenancies let for five years or less, this is a crucial issue. I look forward to hearing what the Government plan to do about it and ask that consideration be given also to the taxation environment within which landlords make decisions about farm tenancy letting, as has been proposed by the Tenant Farmers Association.

Amendment 88 in the name of my noble friend Lady McIntosh of Pickering is crucial to this legislation. FBT tenants should not be left out of the possibility of objecting to their landlord’s refusal to allow them to enter into a financial assistance scheme. Should my noble friend push this matter to a vote, I would certainly vote in favour of the amendment, as it closes a dangerous loophole for nearly half the tenanted sector of agriculture.

Finally, I turn to Amendments 69 and 89 in the name of the noble Earl, Lord Devon. I cannot support the removal of the tenancy provisions in the Bill that those amendments would achieve. However, I understand and fully agree with his view that we urgently need a specific Bill covering agricultural tenancies. It could pick up on many of the issues already recommended by the Tenancy Reform Industry Group. I urge my noble friend the Minister to give an assurance that an agricultural tenancies Bill will be brought before this House in the not too distant future.

I know that my noble friend the Minister is very supportive of the tenanted sector and highlights its importance to the whole agricultural industry. I thank him particularly for his empathetic engagement on this. It is therefore right that new legislation, providing security and stability to the tenanted sector, should be brought before the House. Although I am minded to test the will of the House on my amendments, I will listen carefully to what the Minister says before making my final decision.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow my noble friend Lady Rock and thank her for her staunch and eloquent support for Amendments 87 and 88. Perhaps I may briefly address Amendments 69 and 89, in the name of the noble Earl, Lord Devon. I have great difficulty with them because they would remove from the Bill all provisions relating to agricultural tenancies. That would be a very regrettable move. However, I support Amendment 84 in the name of the noble Lord, Lord Wigley, which is a mirror image of the amendments standing in my name.

I will address my remarks primarily to Amendments 87 and 88. Clearly, as I say in my explanatory statement, Amendment 87 would seek to

“bring into effect a legislative change proposed in the tenancy reform consultation carried out by DEFRA and the Welsh Government, which has not been covered by the Bill, to encourage landlords to let longer Farm Business Tenancies.”

I would like to draw out some of the comments made by my noble friend Lady Rock in speaking to her amendments as passionately and eloquently as she did. I am minded to press Amendment 88 to a vote, not on my behalf but on behalf of all the agricultural tenants for whom, I know, this is close to their hearts.

I have had cause to raise this issue at previous stages of the Bill and I feel passionately about it. I grew up in a part of the world—Teesdale, in the Pennines in the north of England—where the farm incomes are among the lowest in the land. The farmers there probably survive only because their wives go out not just to help on the farm in all weathers, particularly at lambing time. In normal circumstances, outside Covid, they also go out and try to earn a living to keep the family afloat.

The basis of Amendment 88 is very simple. It is to put the tenants’ agreements under the Agricultural Tenancies Act 1995 on exactly the same basis as under the Agricultural Holdings Act 1986. My noble friend Lady Rock referred clearly to the devastating effects of moving from a secure tenancy agreement to an insecure tenancy, which do not bear thinking about in the present climate. Tenant farming is the bedrock of this country; it is almost unique to the English countryside. I remember so clearly from my years as a Member of the European Parliament how we stand out as one of the few areas of Europe with such a well-developed system of tenancies.

What I find so heartbreaking about the current situation is that the two Acts have not yet been brought together. To me, the provisions covering tenants under them should be absolutely as one. This is a highly regrettable situation. To be fair, my noble friend the Minister tried to go to some pains to put my mind at rest in Committee. Yet I find myself tabling the same amendment on Report, and potentially putting it to a vote, because I have not had satisfaction on this point.

I believe I am here as a voice for those people who cannot be represented otherwise than through our good selves in this House. I urge my noble friend to consider any reason why the tenancies under the two Acts cannot be treated in exactly the same way. It would be grossly unfair if any tenants’ possible access to financial assistance could be refused at the whim of a landlord. I accept there are good tenants and bad tenants; there are good landlords and bad landlords. But we have to look at the worst-case scenario.

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Curry of Kirkharle, has withdrawn, so I now call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank and congratulate the noble Baroness, Lady Jones of Whitchurch, and those noble Lords who have added their names to this amendment, on bringing it forward again.

I would be interested to know from my noble friend the Minister what share of the workforce agricultural workers make up. My impression is that their numbers have declined quite steeply in recent times. If that is the case, there is a strong argument for hoping to maintain a sustainable agricultural industry workforce. Clearly, many smaller farms are relying expressly on family members, but we are hoping to rely on SAWS—the seasonal agricultural workers scheme—to help farmers and growers. I believe that the numbers are increasing, and they will make a big contribution.

I have a question that I would like to put to my noble friend, which I think was raised in Committee, although I do not recall the answer. Subsection 1(c) of the new clause proposed by Amendment 70 refers to ensuring that

“agricultural workers have sufficient access to … financial advice”.

The number of providers of such advice is quite large already; I do not know whether the noble Baroness is thinking of a new source. In our earlier debates on the Bill’s provisions, we discussed the proposal that financial advice be provided to those applying for the scheme. Under the new scheme, what financial advice will be available to ensure a sustainable workforce? Am I right in thinking that agricultural societies and charities might have a role to play in this regard, in guiding farmers to sources of income and providing advice for the workforce in this sector?

[Lord Rooker (Lab) [V]]

My Lords, this is an absolutely first-class proposed new clause. It is completely rounded in many ways.

I want to deal with the first part of the amendment, which relates to seasonal workers. Again, I plead guilty because I have some history here. I realise that it means seasonal workers, and not overseas workers, some of whom are permanent—indeed, in many of our meat plants and abattoirs, their occupations are permanent. Returning to seasonal workers, we have a problem. I plead guilty to the fact that when I was the Home Office immigration and nationality Minister in 2001-02, it crossed my desk that we had to abandon the seasonal workers scheme because we were getting ready for the accession of eight new EU members in 2004, where we would recruit openly, and it was always known that Romania and Bulgaria would be ready-made sources of agricultural workers.

The one thing about the previous scheme that was almost unique was that it was based, in a way, on higher education around the world. We had, I think, workers from over 100 countries who came to the UK on a seasonal basis. I was told at the Home Office, “The thing is, they all went back home.” That was the whole point. It was very much based on higher education—they had courses to go back to, but Britain probably benefited economically for much of their time here.

Now, we are leaving the EU and we have not done anything. It is no good the Home Office simply saying that we have to recruit British people. That has not worked this year, notwithstanding the problem with the virus, and it will not work next year either. Therefore, it is not about turning the clock back, but we need a professional, strategic seasonal workers scheme. In many ways, we are unique in the things that we grow, in our climate and in the difficulty of recruiting our own people on a seasonal basis. It used to be easy to do in my younger days, as I know—as an engineering apprentice, I picked fruit in Scotland.

The fact of the matter is that we had a scheme that worked. As I say, the only reason we abandoned it was in getting ready for the accession of eight new countries to the EU—but we are leaving the EU, are we not? The point is that it was not that seasonal with the eight new countries.

It is not easy, I know, having been at the Home Office in the years I mentioned. When I turned up at Defra in 2006-08, I was on the receiving end, and thought, “Oh dear me, I made a mistake there.” Even though we were recruiting lots, we were still in trouble with the flexibility on our farms. We have now reached a point where we ought to have such a scheme. The Home Office should not be concerned or worried about it. All the evidence shows that it was based on higher education. The students were flexible; they were in different academic years and came from around the world, so they fitted in quite well. As I say, they came from more than 100 countries—and they went back home. The Home Office seems to be obsessed with people coming to this country and staying here. That is not what the scheme was for.

Having made that point earlier, I do not wish to say anything else except that I agree very much with what my noble friend said about the work of the noble Lord, Lord Curry. I absolutely 100% support the thrust of this rounded amendment.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Lord, Lord Judd. I am full of admiration for the doughty campaigners who have tabled this little group of amendments, and I pay tribute to them. I support the comments of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71. It is misplaced and would open a can of worms if it were pressed.

I am grateful for the comments of my noble friend the Duke of Montrose, who is a hands-on farmer, which focused on animals for export. As I said in Committee, I have had first-hand experience of this issue. My noble friend Lady Hodgson of Abinger referred to Compassion in World Farming, an organisation that I first came across in about 1994. At that time, a mother and daughter ran that marvellous organisation with the support of Linda McCartney, bless her. They engaged a lot of students to come along to the port of Brightlingsea after their success in closing down the Port of Dover to live exports. Brightlingsea took all the remaining livestock due to go to the continent of Europe. As I mentioned in Committee—I shall not labour the point—I boarded the ferry and saw the disembarkation of the livestock, mostly sheep. They were happy and extremely comfortable. It was stress-free.

I pay tribute to the role of successive Governments and this Government in making sure that we have about the strictest animal welfare provisions across the European Union—my noble friend Lady Hodgson referred to this—and we have been in the vanguard of that. Everything that my noble friends are setting out to do in Amendment 72 has already been achieved. When he sums up, I am sure that the Minister will confirm that this will continue to be the case in retained legislation after the end of the transition period. We have reached an understanding through the Northern Ireland protocol, and I should be particularly alarmed if we sought to reopen that. Potentially, with all the amendments in this group, we could open a can of worms that would lead to major unintended consequences.

My noble friend the Duke of Montrose made a compelling point about the consequences of closing the abattoirs. More than 10 years ago, I was an MEP when the EU directive on abattoirs and slaughterhouses was made, and it was our gold-plating in this country that led at the time to their closure across the United Kingdom, with devastating consequences at the time of the foot and mouth outbreak because the livestock had to be transported for much longer distances than would otherwise have been the case.

I believe that we have reached a very good position under the rules that already pertain in the EU rules of animal movement. I would be very reluctant to see those reopened and, in any event, we are bound by the World Trade Organization rules that—I understand—prevent such a total ban on exports. I hope my noble friend will take the opportunity to confirm that this is the case. I pay tribute to the work that this Government, and successive Governments, have done to get us to this animal welfare state we have currently reached.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I congratulate the noble Baronesses, Lady Hodgson of Abinger and Lady Fookes, on tabling these amendments. I assure the noble Baroness, Lady Fookes, that she still thinks like a spring chicken, which is very admirable. I would support these amendments much more strongly if I did not absolutely abhor the whole concept of live animal exports. That we still do this absolutely sickens me, and it is way over time to stop this in its tracks and simply accept that it is inhumane.

However, one thing that annoys me, as somebody who voted for Brexit, is that this was one of the common examples we were given of what could be achieved outside the EU—the banning of live animal exports. These were the sort of promises made to people like me, compassionate Eurosceptics who wanted the freedom to create a better country. We certainly have not done that. Unfortunately, like most of the nice promises made by the Brexit campaign, restricting live animal exports seems to have gone in the bin in favour of the nasty stuff, like restricting immigration. We listen to the racists and we do not listen to the people who care about animals.

Your Lordships’ House really ought to think very hard about these ideas. I was swayed by the points of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71, but I do support Amendments 72 and 73 because they would make huge leaps forward in animal welfare, and end the needless suffering of long, stressful and painful journeys to slaughter. This is one of the many things that people voted for in supporting Brexit. It is the will of the people and should be delivered.

Agriculture Bill

Baroness McIntosh of Pickering Excerpts

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

[Lord Carrington (CB)]

I declare my interests as a farmer and landowner as set out in the register. Briefly, I support Amendment 5, in the names of the noble Earls, Lord Caithness and Lord Dundee, and the noble Lord, Lord Randall, if the intention is to make public access a precondition of eligibility to obtain financial assistance for the purposes set out in Clause 1. Many farmers welcome public access and understand that, in many instances, it is most helpful to their businesses, leaving aside any altruistic intent. However, there will always be circumstances in which, for one reason or another, it is inappropriate. Reasons may range from it being environmentally detrimental to safety concerns and privacy reasons. While encouraging public access, surely it should be granted voluntarily by a willing and perhaps enthusiastic farmer, rather than being imposed. Public access may well devalue the farmer’s property and might lead to a reluctance by the farmer or landowner, as the noble Lord, Lord Randall, has said, to make an application to the relevant ELMS.

[Baroness McIntosh of Pickering (Con)]

My Lords, it is a great pleasure to be back discussing the Bill on Report. I declare my interests in the register, particularly that I sit on the rural affairs group of the Church of England and that I am an associate fellow, I think, of the British Veterinary Association. I have one comment and a question for the Minister. I do not think that these amendments are necessary, as we discussed in Committee. It would be most helpful if the Minister in summing up could refer to the figures on current public access and rights of way, both in numbers and in miles, that are currently available but not being used and may lapse as a result, before we go on to create any new ones.

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Moved by

[Baroness McIntosh of Pickering]

6: Clause 1, page 2, line 25, at end insert—
“( ) protecting or improving the food security of citizens and access to food that promotes good health and wellbeing.”

[Baroness McIntosh of Pickering (Con)]

My Lords, I shall speak also to Amendment 48 in the name of the noble Lord, Lord Greaves. I will listen with great interest to what the authors of the other amendments say in relation to theirs.

I thank the noble Baroness, Lady Ritchie of Downpatrick, the right reverend Prelate the Bishop of St Albans and the noble Lord, Lord Judd, for their support. Despite what has changed since Committee—which I have now lost—I am persisting with this amendment because of part 1 of the report on the National Food Strategy in the name of Henry Dimbleby. I will refer to this in later amendments as well. His conclusion in Chapter 5 is very telling. Although we “got away with it” in relation to the Covid crisis, we came perilously close to food security issues, particularly food shortages in shops during the early stages. Obviously that is something we wish to prevent going forward.

I believe that this is a genuine omission on the part of the Government. I am sure it is purely an oversight, rather than anything mischievous, but if we refer to the later Clause 17, it is extremely important to have a reference in Clause 1. The new subsection we are proposing would insert

“protecting or improving the food security of citizens and access to food that promotes good health and wellbeing”

and that is extremely important. As the National Food Strategy: Part One so rightly identifies, there are many reasons why we may be presented with such shortages and shocks to food security in the future. That is why it is important to write this into the Bill as a recognised public good, and therefore qualifying for public assistance.

I mentioned the reference to Covid; it seemed that we got away with it this time. However, Clause 17 refers to

“global food availability … supply sources for food … the resilience of the supply chain for food … household expenditure on food … food safety and consumer confidence in food”.

Climate change is obviously a key theme running through a number of amendments which follow later, while future pandemics could give greater cause for concern. I know that other amendments seek to address national food shortages, caused potentially by not growing enough of our own—the level of self-sufficiency is low, as we have discussed previously—and potential household shortages. My main concern is a potential major shock flowing from the lack of a deal and the difficulties of trying to negotiate under World Trade Organization terms of reference, which could lead to major trading deficiencies. That is why I believe that Amendment 6 needs to be written into the clause.

I will listen carefully to what my noble friend the Minister says in summing up, but, without a shadow of a doubt, food security should qualify as a public good and thereby be eligible for financial assistance. If he is able to point us in the direction of how, in other circumstances, financial assistance would kick in, that may go some distance in allaying my concerns. This goes further than a probing amendment, but I do not necessarily wish to test the will of the House on it. I hope that my noble friend will take seriously what we propose in this amendment and what his own adviser, Henry Dimbleby, has said.

The House owes the noble Lord, Lord Greaves, a great debt for bringing forward Amendment 48, and I congratulate him on doing so. There is major cause for concern about how common land will be administered under the terms of the Bill. The danger is that if we leave the discussions at this stage, we will rely on the regulations that will follow, which I know will be manifold. I thank my noble friend for his rather lengthy telephone call. I do not think he realised it would be quite such a long call, but I am so grateful to him and his team in this regard. However, I support the sentiments that lie behind Amendment 48 and, in this regard, would like to know exactly how the regulations which flow from the Bill will apply. I know that, in other circumstances, departments have been willing to give advance notice of how the regulations will apply. That would be most helpful indeed.

I know the reason why common land is so vexatious. I may no longer be MP for Thirsk and Malton but, having stood there, I know that common land is generally not widely understood because it exists only in certain parts of the country. However, there are multiple interests at play there, so I hope that my noble friend the Minister will take this opportunity to put our minds at rest. Graziers and others may be few in number, but the current financial assistance they enjoy can make the difference between them putting bread on the table or otherwise. That will be of great interest to the House this afternoon.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I was pleased to add my name to her Amendment 6 because, for me, food security is very much about the public good. Putting this amendment into the Bill, as we would like to see, would try to ensure that the Secretary of State is given powers to give financial assistance to underpin food security, health and well-being. This is a laudable objective, which should be placed in statute and recognised by government as such. It should therefore be placed in the Bill. Particularly at the time of this pandemic, people should be able to access not only cheap food but the food that they need to stay healthy, with the food system acting in relation to policy areas such as health, welfare and food production.

During Committee, many of us referred to the report published by our Select Committee on Food, Poverty, Health and the Environment. The report, Hungry for Change, was particularly comprehensive and found barriers at all levels of the food system that make it harder for people, particularly those living in poverty, to access a healthy and sustainable diet. The lack of a unifying government ambition and strategy on food has prevented interrelated issues such as hunger, health and sustainability being considered in parallel, meaning that opportunities have been missed to develop coherent policies that could bring about widespread change. Everyone should have access to a healthy and sustainable diet, hence the need to ensure that financial assistance will be given for adhering to this objective as a public good, and therefore get public money for public goods.

It is interesting what the noble Baroness, Lady McIntosh of Pickering, said about the National Food Strategy: Part One by Henry Dimbleby. He gave evidence to our committee some months ago. Basically, I suppose he is saying that we were lucky that we did not face further challenges in relation to the pandemic. However, there is no doubt that we have all seen the problems and challenges in food supply chains over the past months. It is important that food security—and, yes, food insecurity—should be recognised as a qualification for future funding in the Bill. I am happy to support this amendment.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for all the contributions to this debate and the support for Amendments 6, 7 and 48. I am delighted that my noble friend the Minister has met me half way, but he has not gone quite as far as I would have liked. I am concerned about Clause 17, which sets out what the specific circumstances of food security might be. There would fall within Clause 1, but I would like confirmation. For example, if there is a shock to the trade system, would that be considered? I am sure there will be opportunities to discuss those later.

I am grateful to noble Lords who spoke in support of Amendment 7, in particular the noble Baronesses, Lady Jones of Moulsecoomb and Lady Ritchie of Downpatrick. For the reasons given by my noble friend Lord Cormack, it is important that we have the opportunity for what my noble friend Lord Northbrook would call nature-friendly farming: the pasture-fed grazing livestock systems and the more extensive, less intensive form of farming that this country has come to know and love, particularly in the north of England. I am delighted that there has been such a good, positive discussion on common land. I will leave the Minister with one question; I do not expect him to reply today. Will the registration of common land be complete before the pilots are finished and the new ELM schemes come into effect? Perhaps that can be banked for later.

I fulsomely thank all those who have contributed to the debate on all the amendments in this group. I beg leave to withdraw Amendment 6.

Amendment 6 withdrawn.

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[Baroness Jones of Moulsecoomb (GP)]

My Lords, one of the issues that has persisted in this Bill, and in others, is the lack of regulatory underpinning, particularly here with regard to the ambitions of Clause 1. This could be characterised as an ideological obsession that the market can save us and an attempt to squash agricultural policy into that market mindset.

The truth is that without minimum standards some areas of land will fall into very poor condition. It is unfortunate that the Government have not engaged with your Lordships’ House to address this fact. The noble Baroness, Lady Young of Old Scone, presents a sensible off-the-shelf solution, which she explained extremely well. I think the Minister would be hard-pressed to justify the Government’s opposition to her amendment. I support it very strongly.

[Baroness McIntosh of Pickering (Con)]

My Lords, I would like to congratulate the noble Baroness, Lady Young of Old Scone, on bringing forward this amendment. It shows what a sense of humour she has: having torn to shreds all the amendments in a previous group as being “little baubles”, she now comes forward with a bauble of her own.

I would like to put on the record that I am quite content with Clause 1(1)(j), which calls for

“protecting or improving the quality of soil.”

I can understand the basis behind the amendment, but for all of us who are concerned about the content of the soil and about good agricultural and environmental condition, I think that it is actually all contained in Clause 1 as it stands.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Earl, Lord Caithness, has withdrawn, so I now call the noble Baroness, Lady Bakewell of Hardington Mandeville.

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[The Earl of Devon (CB) [V]]

My Lords, this is the Agriculture Bill. As I have said before, it is not the environmental land management Bill—although listening to today’s debates and reading Clause 1, it would be easy to forget this. This is the first piece of agriculture legislation since the 1940s, yet it appears that agriculture and food security are secondary, even tertiary, considerations behind the provision of our environmental outcomes and the enjoyment of the general public.

I have donned the NFU wheat-sheaf to show my backing for British farming. The NFU is particularly concerned about this issue. It strongly supports the amendment and has urged that it be pressed to a Division. This is a key issue for farmers.

Undoubtedly, 2020 has been a terrible year for many, but please spare a thought for the farmers. Despite being lionised for their heroic contribution to feeding the nation through lockdown, they have faced a horrendous harvest. Torrential rain throughout last autumn made the sowing season a washout. Pestilence, such as the flea beetle, killed much of what germinated and the growing season saw a drought before torrential summer rain washed out the harvest. It has been a biblically bad farming year—and what do they have to look forward to? The loss of their basic payment and their European markets.

I discussed my amendment with the Minister and have sought views from far and wide. It has been suggested that, given that agricultural use covers 60% of the UK’s land mass, the lack of direct reference to agricultural support does not unduly matter. This is the exact issue about which farmers are so concerned: not only are they looking at a decrease in direct payments year on year during the transition period but they can expect that the decreased funding will be spread over 40% more of the UK’s land mass, to areas that are not agricultural. I note that those areas of land mass that are not currently farmed may well be more in need of environmental land management support than our farmland, which has been so well husbanded by farmers over the past decades. The result would be an even greater drop-off in agricultural funding just as our largest export market closes and lower-standard competition from overseas increases.

Farmers deserve much better. This amendment will ensure that they at least remain the focus of this, the Agriculture Bill. I am minded to test the opinion of the House on this issue, but I will listen with interest to the debate and await the Minister’s response before deciding. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I listened carefully to what the noble Earl said in moving his amendment. For a number of reasons I will set out, I will argue that his amendment does not go far enough and is inherently flawed. Were he minded to withdraw it, I would be happy to step into the breach. Subject to what the Minister has to say, I may be minded to move my amendment in that regard.

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[Lord Allan of Hallam (LD) [V]]

My Lords, I was happy to add my name to Amendment 28, tabled by the noble Baroness, Lady Jones, as I feel it is important that we debate the question of what information will be published under the new farm payments scheme during the passage of this Bill. The provisions in the Bill currently lack detail and firm commitments, and that raises legitimate concerns that we might in fact go backwards from the status quo in terms of transparency around the common agricultural policy.

In supporting the amendment, I want to talk briefly about the value of publishing comprehensive data, as described in the list set out in the amendment. There are two core arguments for this. The first is the accountability that we want for any significant public expenditure, and this Bill will certainly usher in a great deal of such expenditure. The more insight that we have into how our money is being spent, the more effectively we can hold our Government to account for it. The noble Baroness, Lady Jones, certainly made that point very forcefully, and it was echoed by the Minister for the Cabinet Office, who in his recent lecture at Ditchley Park talked very much about opening up government data precisely in the interests of other people being able to hold the Government to account.

There is a second benefit that might be even more significant: the innovation that can happen around public datasets. The Government do their best to devise good solutions for the farming community, and I would not for a second question their good faith in doing so, but nobody has a monopoly of good ideas, and there will be people outside of government who have ideas that could be of real benefit to the UK agricultural sector. The dataset described in this amendment would provide a foundation on which those ideas and innovative solutions could be built. I draw attention in particular to making associated geospatial data available—that is, data around the parcels of land that are being funded—as this is especially useful for developers who work in this area. I understand that Defra already collects much of this data. For example, it publishes geospatial data in respect of environmental stewardship payments. Therefore, my starting point is that I do not believe that the list of data described in the amendment would add to the burdens for the farming community as it is data that it produces for Defra, but we are asking that Defra releases it to the wider world.

I hope that in his response the Minister is able to put some more flesh on to the very bare bones of the text of the Bill and that, in particular, he can do two things. First, it would be helpful if he could describe the dataset that the Government are currently thinking of publishing. I understand that they have been engaged in a consultation exercise over the summer, so I hope that they have some idea of what they intend to publish under the secondary legislation that the Bill envisages. Secondly, it would be extremely helpful if they could indicate whether they have concerns about any of the items listed in Amendment 28, so that we can focus on them and discuss them further. With that, I look forward to hearing the contributions of other noble Lords and, in particular, the response from the Minister.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate all those who have tabled amendments in this group. I congratulate my noble friend Lady Neville-Rolfe and her co-signatories to Amendment 18 which calls for an impact assessment. It would add a great deal to the Bill. I also congratulate the noble Baroness, Lady Jones, on moving her amendment.

I shall focus my remarks on Amendment 30 and, in particular, government Amendment 35. The latter amendment, in the name of my noble friend Lord Gardiner, concedes in new paragraph (a) that we need to know

“as soon as practicable before the beginning of the plan”

what the purpose of the plan will be. He sets out very neatly in new paragraph (b) that the plan should be published

“at least 12 months before the beginning of the plan period for the plan.”

I welcome the fact that my noble friend has conceded that we need 12 months’ notice. I do not know quite why my Amendment 36 is not included in this group. When we come on to discuss dates other noble Lords will press their favourite dates, whether it is five months, three months, seven years or five years.

My noble friend has conceded the principle that we need 12 months’ notice. I do not quite understand why we are not then agreeing to delay the start of the transition period in that regard, because we need greater clarification of what the plan will be. I am very uneasy that we do not have the results of the trials of the ELM schemes, which are still ongoing. So what I have set out here is very specifically that we have levels of expected expenditure set out and, equally, we can identify the outcomes for that expenditure as part of this multiannual financial planning. I shall not make the arguments in full, because we debated them quite fully in Committee, but I am deeply concerned that the role of the Office for Environmental Protection is still unclear in this regard. Can my noble friend come forward with a date for when we will be able to look in some detail at the environment Bill? I hope that it will be before the end of this year and of the transition period. It would be most helpful if my noble friend could give us a date.

What is lacking in the current provisions, and why Amendment 30 is required, is a framework that requires the Government to be clear about what they are planning to spend and what they will spend that money on. In Amendment 35, I think my noble friend concedes can and do change over time, but we need a clear direction of travel from the Government so we can judge how well the Government and Defra are doing in achieving these objectives and in targeting these public resources. We need to give farmers and land managers the clearest possible indication and assurance about the certainty of funding, if they are going to be able to enter into long-term relationships to deliver the outcomes for the public benefit and the improvement of productivity. So, in identifying specific levels of budgetary expenditure, we will also need to enhance the ability of Parliament to scrutinise government plans and policies in advance of them being implemented and by way of evaluating their performance. Both provisions would be an important part of good governance.

In summing up, can my noble friend say when he will bring forward a business plan that will impact and be effective for the first year after the transition period, which is next year?

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[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

I have received a request from the noble Baroness, Lady McIntosh of Pickering, to ask a short question.

[Baroness McIntosh of Pickering (Con)]

I ask my noble friend where the business plan that he says will be published in the autumn will be published. I am slightly concerned that “in the autumn” could be interpreted as 21 December, and that the plan could come out after both Houses have risen. Having served on the EFRA Committee for a number of years and looked very closely at the budgets, I am not quite sure which particular spending would be interrupted by Amendment 30.

[Lord Gardiner of Kimble (Con)]

I would love to give your Lordships a precise date. The Government understand the need to bring forward this information as soon as possible; I said autumn. We in Defra are seized of that importance. I will look at Amendment 30. All I can say is that our lawyers looked at it and advised me that that was the case but, if my noble friend would permit, it might help to have some legal expertise on why there was that interpretation.

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[Lord Carrington (CB)]

My Lords, I declare my interests as set out in the register. I supported the noble Lord, Lord Grantchester, on the same amendment in Committee and I continue to support him. I will not repeat my previous remarks but emphasise that, without access to funding for advice, the take-up of the proposed environmental land management schemes will be more limited. I certainly agree with the interesting hypothecation idea of the noble Lord, Lord Inglewood.

Farmers will be considering new ventures of which they may have no experience, so they need funding for advice. The average farmer is not a rich man; his success is likely to have come from concentrating on what he knows best. Our capricious climate has clearly demonstrated that sticking to what you do best is a sensible policy in farming. The farmer is therefore unlikely to rush into a new scheme without considerable thought and encouragement. As mentioned by the noble Lord, Lord Grantchester, he is also aware that under previous schemes, including BPS, the sanction regime has been tough. So, once again, he is unlikely to move swiftly into ELMS without a great deal of thought and advice.

I raised in Committee the issue of the digital divide, which was identified by the University of Sheffield and the Institute for Sustainable Food. For many in rural areas, access to good broadband may be limited. This, together with lack of time and, perhaps, age and social isolation, has made it difficult to follow developments on the ELM schemes. All this means that it is so important to provide financial advice to farmers for training and guidance so that they can be encouraged into ELMS on the basis of knowledge and confidence.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Grantchester, and his co-signatories on bringing this amendment forward. It is absolutely essential that farmers have the best advice available before they make a decision. I notice that the explanatory statement for the amendment given by the noble Lord, Lord Grantchester, refers to

“training, guidance and advice to be made available to persons receiving financial assistance.”

I make a plea to the Minister that this advice should be given before they even apply for financial assistance to enable them to decide how best to seek that financial assistance and to put it to good use.

I urge the Minister, when she sums up this debate, to agree to the sentiments behind the amendment and to consider who would best give such advice. Agriculture societies, such as the Yorkshire Agricultural Society, and many farming charities are very well placed to do so, in addition to many government bodies such as Natural England and others that the Minister might have in mind. I commend the amendment to the House.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I add my support for the amendment in the name of my noble friend Lord Grantchester on the provision of advice, training and guidance for those in receipt of financial assistance. The noble Baroness, Lady McIntosh of Pickering, made a good point about there being a kind of free application need as well.

As a nation, we are asking farmers and land managers to make big changes in the way they manage the land —to deliver not only productive and efficient farm businesses but a whole range of public goods as well. Therefore, good advice covering all those issues will be really important.

It was delightful to hear the noble Lord, Lord Whitty, reminisce about the demise of the publicly funded agricultural advisory system. It flourished after the war to get productivity up but got knocked on the head in the 1990s. Now, many farmers get advice solely from their commercial agronomists, which is altogether too narrow a focus. Advice and training will be particularly important for small farms.

I do not think that a publicly funded or publicly promoted advisory system needs to be top down and statist. Many noble Lords have made the point that local conditions are very important, and that is absolutely clear. We have experience in this country of a number of organisations that have set up county branches to give advice and support, and to bring together farmers around common issues on a local basis. I think that we could rapidly reinvent that. Therefore, the role of the Government needs to be to stump up some money and to give a modest amount of assurance on the quality of the advice being given. At the end of the day, farmers will take advice only from people whom they trust and feel comfortable with, so that has to be built into whatever system is introduced. It would also be beneficial to create some small local businesses in the advisory field to help boost the rural economy. There is a real role for government here.

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[Lord Young of Norwood Green (Lab) [V]]

My Lords, I declare an interest as a member of the EU Energy and Environment Sub-Committee. It is certainly a pleasure to follow my noble friend Lady Jones of Whitchurch—I wholeheartedly endorse her views—and the noble Lord, Lord Krebs.

As a number of speakers have already said, we are seeking to bring about the most profound change in the way agriculture is managed and focused. If ever we had any doubt about the importance of the situation we are in, those who had the pleasure of watching the BBC’s programme on Saturday, hosted by David Attenborough, who talked about extinction in a calm, measured and scientific way, were shown beyond any doubt the challenges that we face. This amendment, bringing home to the Government the importance of linking the environmental challenge to the Agriculture Bill, is absolutely well-founded and I am only too happy to endorse it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I also declare my interest as a member of the EU Environment Sub-Committee. I congratulate the noble Baroness, Lady Jones of Whitchurch, on bringing forth this amendment. As its co-signatories and others who have supported the thrust of the amendment have said, it very clearly demonstrates the link between this Agriculture Bill, establishing public benefit and financial assistance for public goods, with the provisions of the Environment Bill.

I understand the difficulty the Minister is in, having listened very carefully to the words of our noble friend and colleague, the Minister who replied to an early debate, saying that he would love to give a date when the Environment Bill might be coming but was unable to do so. I hope my noble friend will look favourably on this amendment on equating the two Bills.

[Lord Addington (LD)]

My Lords, this is one of those occasions when we have to try to reference across from another piece of legislation to make a coherent whole. Environmental considerations are key if we are to achieve half of the accepted objective. That is where we are: it is accepted as something that has to happen. We have to combine the two. The entire political class agrees that, since there must be environmental improvement, they are going to have to work with sectors such as agriculture, and just about every other sector, in order to achieve that. Unless something like this is written down, we know that departments and groups of officials and Ministers will tend to go their own way. They are not good at paying attention to people you “should” talk to; they pay attention to people you “have to” talk to. I suggest that something like this would actually be a very good thing to have in the Bill.

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Moved by

[Baroness McIntosh of Pickering]

36: Clause 8, page 7, line 40, leave out “2021” and insert “2022”
Member’s explanatory statement
This amendment will move the start of the seven-year transition away from direct payments from 2021 to 2022.

[Baroness McIntosh of Pickering (Con)]

My Lords, it gives me great pleasure to move and speak to Amendment 36. This group of amendments covers a range of activities relating to the transition period. I am grateful to the noble Baroness, Lady Ritchie of Downpatrick, the right reverend Prelate the Bishop of St Albans, and the noble Earl, Lord Devon, for their support in co-signing the amendment. The attraction of Amendment 36 is its clarity and straightforwardness: it calls for a simple deferral of commencement, moving the start of the seven-year transition period away from direct payments from 2021 to 2022.

Why is this necessary, given that the House has just agreed to government Amendment 35? I listened carefully to what the Minister said. He was clear that he could not give a precise date when the Environment Bill will reach this House—that is obviously not within his control, so I am grateful to him for that—and the department is keen to make progress. However, we owe farmers and other land managers a degree of certainty as they prepare for the biggest change in nigh on 50 years in farm support and agricultural policy.

I was disappointed that the Minister was unable to give a specific date, much as he would wish to, for the business plan setting out spending for the initial five-year period. We heard only that it will be published in the autumn. The autumn finishes on 30 November but potentially could run until 21 December. That could be after both Houses have risen—if we do rise—for the Christmas recess. That is very disappointing, although I know the Minister couched his remarks by saying he would like to see the spending and financial plan in place as soon as possible.

The difficulty I—and, I think, other signatories to this amendment—have is that I do not see any logic at all in why, for subsequent plans, a period of at least 12 months before the beginning of the plan period should take effect. My humble submission to the House this evening is that it is even more important for the Government to set out in their initial spending plan what the consequences for farmers will be. We are asking farmers, land managers, growers and others—I know my noble friend Lord Naseby takes great interest in horticulture—to take decisions for the forthcoming year without any of us knowing in any great detail what the terms of this financial assistance plan under Clause 4 will be. My noble friend helpfully points out in the explanatory statement to government Amendment 35 that

“the first multiannual financial assistance plan under Clause 4 must be published as soon as practicable before the beginning of the applicable plan period”,

but, as I have said, only subsequent plans would need 12 months’ notice.

I humbly submit that it is incumbent on the Government to bring forward this first plan, which—if my understanding is correct—will last for the whole transition period. I am not asking for the transition period to be reduced, as others have done. That would be quite wrong. We owe it to farmers, growers and others to have seven years to prepare, but for the life of me I simply cannot understand why we are not having a 12-month period and a delay. I therefore urge the House to look favourably on this simple delay of one year so that we all benefit from the results of the pilot schemes and the ELMS projects. I see newspaper reports that the Chancellor of the Exchequer, for example, has been to visit local farms in his constituency in North Yorkshire, but other than the farmers themselves—and Defra, presumably—none of us has any detail whatever.

I shall listen carefully to what support there is for this amendment in the course of the debate on this group. I seek greater clarification from my noble friend the Minister. I would like to know why there is not a 12-month lead-in to this crucial first business plan and why we are not seeing the results of the trials. I express my concern at how little knowledge there is at grass-roots level about how any plan will affect decisions that, frankly, are being made as we speak. I beg to move.

[Lord Carrington (CB)]

My Lords, I declare my interests as set out in the register as farmer, landowner and a recipient of BPS payments and their predecessors for many years. I will speak to Amendment 37, to which the noble Lord, Lord Curry of Kirkharle, has kindly attached his name, and Amendment 40, to address the problem of the likely payment gap that will affect farmers as the direct payments are reduced in 2021, while the revenues from joining any new environmental land management scheme will not arrive until 2024.

I covered this in some detail in Committee and will not repeat that speech. However, the subsequent response from the Minister, the noble Lord, Lord Gardiner, and his office, together with the progress made on issues I identified at that time, has not made me rest any easier—indeed, the reverse, which is the reason this amendment has been tabled on Report.

First, we have no information on the cuts to BPS after 2021. Although promised for the autumn—which has arrived, of course—it might well be delayed until after the Bill comes into effect.

Secondly, we still have no real details on ELMS that would enable even elementary planning. Instead, during July Defra organised webinars for farmers to introduce ELMS. These were excellent and slick presentations of the concept but, when it came to the Q&A session with farmers afterwards, there were no answers to be had.

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This has been a very interesting debate. I have sympathy with much of what has been said, but some of the unduly negative words about the Government’s assurances on funding are not apposite. The Government have been clear about our intentions. I hope that noble Lords, particularly my noble friend Lady McIntosh, will reflect on this. I think we should start this reform with a seven-year transition period and that the moneys from these reductions will start to bear fruit in all the things we aspire to do, such as having strong food production and an ever-enhanced environment. I hope my noble friend feels able to withdraw her amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am disappointed, unless I have misunderstood, that my noble friend did not reply to the basic question of why we cannot have a 12-month notification of the first plan. I am no farmer myself—the closest I got was having two fields on which we claimed a tiny amount, which I have now left my brother to get on with.

I understand that, according to the Companion, I can take this opportunity to put another question to the Minister. The Government have spoken about easing access: how do they imagine easing access to the existing countryside stewardship scheme and new measures to assist improvements in productivity through the transition period? That would go some way to allaying the fears. I have to say that this is a key concern of both the Tenant Farmers Association and the NFU in the briefings I have had from them. Obviously, they represent the lion’s share of farmers.

The Government have talked about a new interim scheme, called the sustainable farming initiative, but surely this would just add to the complexity of an already busy policy space, particularly when existing schemes are available and just need to be improved. Might not such a sustainable farming initiative take Defra’s eye off the ball in properly developing what we all want to see—a good ELM scheme? Will my noble friend reply to that and to my original question as to why we are not having 12 months’ notice of the original business plan?

[Lord Gardiner of Kimble (Con)]

My Lords, I think I have been very clear that we will be announcing the funding for the early years of the agricultural transition period, including direct payments, later in the autumn—I hope as soon as possible. I cannot say any more than that. As I said, that announcement will provide much of the reassurance that I suspect noble Lords and farmers are looking for about those early years. I have set out the maximum reductions for 2021. Those are all designed, as I said, to enable the Government, at the beginning of the transition and the reforms, to provide extra countryside stewardship agreements and productivity grants to farmers, which I think will be very desirable to start next year, and the national pilot for the future ELM schemes.

All this is designed to combine all that we want to do in enhancing food production and the environment. It is sensible to start these schemes next year, and the resources, through the reductions, will be there to work on this. It is a seven-year transition and the Government are very mindful of the manifesto pledges about the resources that will be available to this agricultural budget. We intend to support and work with farmers to make a better scheme, with a public return for it. I do not think there is much more I can say to my noble friend, other than that this Government have shown by our commitments to funding that we are four-square behind the farmer, but I say candidly that the current system is poor value for money.

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[Lord Gardiner of Kimble (Con)]

My Lords, I have been very clear that the Government are bringing forward schemes of a countryside and environmental aspect, which will be funded through reductions in the direct payments. This is what we want: to start sustainable environmental and countryside stewardship schemes. This is all about what we want to do with farmers, as part of a major plank of this legislation. I am beginning to wonder whether it is me or whether noble Lords do not want to press the receive button for what I am seeking to say.

[Baroness McIntosh of Pickering (Con)]

My Lords, I have to express disappointment that I have not received the assurances I sought, but I do not wish to test the opinion of the House. I wish to withdraw my amendment.

Amendment 36 withdrawn.