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

(3 years, 9 months ago)

Lords Chamber
Read Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 112-VII Seventh marshalled list for Committee - (23 Jul 2020)
Earl of Caithness Portrait The Earl of Caithness (Con) [V]
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My Lords, I have some sympathy with these amendments. I like the way that the noble Lord, Lord Whitty, has drafted his amendment so that it is not prescriptive, because further work needs to be done.

We are used to buffer strips already: you cannot spray near a watercourse and you cannot put organic manure near bore-holes or wells. Why are human beings excluded from those same provisions? It seems to me a little perverse. I listened with care to my noble friends Lord Naseby and Lord Blencathra; yes, most farmers are good and are careful, but sadly we all know bad farmers. They are the ones causing the damage and are a major cause of the problem that pesticides create.

My noble friend Lord Naseby was right to say that “pesticide” is a generic term. I ask my noble friend the Minister whether she would consider different schemes for fungicides, pesticides and insecticides? Herbicides are probably the least damaging to human beings, but they do leach through the soil, particularly sandy soil, very quickly. The others—for example, insecticides—can be particularly nasty to human beings. It does not require much breeze for there to be quite a fine spray which goes much further than most people recognise. Even in the United States, they are beginning to clamp down on the excessive use of these sprays and have better buffer zones. I think it is time we followed suit; this is something which should be researched and then implemented.

Baroness Northover Portrait Baroness Northover (LD) [V]
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My Lords, I too wish to speak in support of these amendments. The noble Lord, Lord Whitty, gave a passionate and well-informed explanation for why he has tabled Amendment 221.

Amendment 226 seeks to ensure that the Secretary of State must

“monitor the use and effects of pesticides”

and

“conduct research into alternative methods of pest control and … promote their take-up”.

The proposals include assessments of the

“effect of pesticides on environmental health”

and “on human health”. The amendment covers

“farmers, farm workers and their families, operators, bystanders, rural residents and the general public.”

This is wider than Amendment 221.

We have become increasingly aware of the dangers of pesticides. We know that intensive farming has driven the loss of wildlife; I was brought up on a farm and recall birds and flowers that you rarely see now. Chemical pesticides also damage human health, and I recall chemicals everywhere, spilling out of sacks. When pesticides were spread, they drifted over us if the wind picked up or changed direction, which it was always doing.

Farmers have a higher than average incidence of kidney cancer, which my father had. That is not down to chance—it is not a common cancer. There must be a risk that this is associated with the use of chemicals. I hope that our outstanding cancer registries will continue to draw effective conclusions here. From that we get data, not just datum. Professor Ian Boyd, former chief scientific adviser at Defra, and Dr Alice Milner compared the overuse of pesticides to that of antibiotics, and they are surely right. The Food and Agriculture Organization is seeking to combat this worldwide, and the first step is collecting data on pesticide use.

As we seek to reduce the use of pesticides, it is extremely important that farmers can access advice, independent of merchants and manufacturers, as specified in this amendment. For so many years, farmers have depended on industry advice, as I recall my father having to do. However, as a tenant farmer with his head just above water, he usually cut in half what they recommended, simply on the basis of cost and the assumption that they had overestimated what was required. I therefore recognise the Friends of the Earth statement that:

“Farmers support the need to cut unnecessary use of pesticides—and it’s better for their bottom line too.”


I am concerned that going it alone, out of the EU, will lead not to higher standards, as the noble Lord so often assures us, but to lower ones. I recall a debate over neonicotinoids—neonics—when I was in Defra. Trials in the EU had led to the conclusion that they should be banned because of their potential effect on the bee population, which has declined dramatically. The United Kingdom opposed, slowing down action in the UK and across the EU. Also, with reference to the last group of amendments that we discussed, the UK also opposed stopping the transport of live animals, despite what was said in the referendum. These are not encouraging examples. Therefore, it is important to have this commitment on pesticides in the Bill. I share the concerns of the noble Lord, Lord Whitty, but I particularly support the wider-ranging Amendment 226, which could immediately be added to the Bill.

Lord Lilley Portrait Lord Lilley (Con) [V]
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My Lords, I will be brief, because much of what needs to be said has already been said. I sympathise with the intent of Amendment 221 but, like my noble friend Lady McIntosh, I would prefer something less prescriptive.

I will focus briefly on Amendment 226 and (1)(b) of the proposed new clause, to promote the conduct of

“research into alternative methods of pest control and to promote their take-up”.

That must be the best long-term solution, that we simply use less of these poisonous substances. Sadly, Amendment 235 is not being moved today; it would have encouraged, or at least made easier, the development of genetically edited plants and so on which would be more resistant to pesticides. I used to represent Rothamsted —it develops all sorts of plants, some by genetic modification and some by traditional methods.

If we can develop plants which themselves repel insects, the need for insecticides will be reduced. I very much hope that we do not actually incorporate it in law but that the Government will take the message from this debate that the only long-term solution is to find ways which do not rely on pesticides to reduce the impact of malevolent insects on our crops—the same goes for weeds, as well.

That is all that needs to be said on this occasion.

--- Later in debate ---
Viscount Trenchard Portrait Viscount Trenchard
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My Lords, Amendment 247, in the name of the noble Lord, Lord Carrington, seems sensible and I applaud his attention to economic conditions and to the expectations of consumers, as specified in the common market organisation regulation. I support his purpose, that regulations are only brought in for legitimate purposes.

I sympathise with my noble friend Lord Lucas in his Amendment 249, which seeks to explore the reasons why live poultry, poultry meat and spreadable fats are excluded from subsection (2)(j).

I am sympathetic, to a point, towards the amendments in the name of the noble Baroness, Lady Jones of Moulsecoomb, which seek to increase the amount of information available to consumers by labelling and QR codes, but I expect that my noble friend will not want to go beyond what is proportionate and justified in terms of cost. For that reason, I prefer Amendment 258, in the name of the noble Baroness, Lady Mallalieu, which is the right way forward to deal with the animal welfare concerns which are often, misleadingly, confused with food standards.

I trust that the Minister will reject Amendment 256, in the name of my noble friend Lady McIntosh of Pickering, which would bind the UK to dynamic alignment with EU animal health, hygiene or welfare standards over which, even in this current implementation period, we have no influence whatever. As my noble friend knows, she and I are on opposite sides on EU alignment. I point out that these standards are not necessarily higher or lower—they are multidimensional. Her perceptions of standards do not take sufficient account of equivalence of outcomes.

Besides, we need to take up the opportunity that Brexit offers to improve our domestic regulatory environment. At present, the playing field for British cattle and sheep farmers is very uneven. Their French competitors receive €1 billion of voluntary coupled support payments every year. In the UK, the equivalent is a mere €39 million available to Scottish crofters. The threat to British beef is highly subsidised French and Irish beef, not American beef. Amendment 256 would make it much more difficult for the UK to enter into a good free trade agreement with the US and other third countries.

The noble Baroness, Lady Jones of Moulsecoomb, is a tireless campaigner for higher animal welfare standards. However, Amendment 266 in her name would directly conflict with the aim of Clause 40, which is to ensure that the UK, exercising its rights as an independent member of the WTO for the first time since 1973, must be compliant with the Agreement on Agriculture. The UK now has a chance to establish itself as a global campaigner for free trade and it is important not to deny British farmers the opportunity to export high-quality products to markets such as the US, Australia and New Zealand. Does the Minister agree that the amendment would put the UK in violation of WTO rules in these and other areas where we do not have an EU protected sector, such as olive oil?

Almost 50 countries have made a submission complaining about the EU’s SPS rules, including many poor, developing countries as well as the major agricultural exporting countries. Those who argue that the UK should maintain its illogical ban on the import of chlorinated or even peracetic acid-rinsed chicken should answer three questions. First, would they not think it a good idea if the incidence of campylobacter in the UK could be lowered to the average level of occurrence in the US, a little over one-fifth of the level here? Secondly, are they aware that the American maximum stocking density for poultry, as my noble friend Lord Lilley explained, is broadly equivalent to our own? Thirdly, are they aware that the UK imports chicken from Poland —an EU member state—Thailand and Brazil, in all of which poultry stocking densities are higher than those found in the US or the UK?

Finally, I turn to Amendment 263, in the name of the noble Lord, Lord Tyler, which requires the Government to seek an agreement for the continued protection of UK speciality food and drink products. The Government announced in February last year that they will set up their own geographical indications scheme in fulfilment of our WTO obligations. Does my noble friend think this amendment would help him achieve his objectives?

Baroness Northover Portrait Baroness Northover [V]
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My Lords, this group of amendments covers a wide range of areas that relate to standards, labelling and speciality foods, and to how the market will operate after transition, not least in the different parts of the United Kingdom. There are some very important amendments here.

This section of the Bill is full of words such as “may”, not “must”, and in some places noble Lords are seeking to rectify this. This is extremely important if we are to maintain the standards that the Minister says we will have now that we have left the EU and will not compromise to do trade deals.

Amendment 236A in the name of the noble Baroness, Lady Worthington, the first amendment here, is slightly different from others in this group, most of which seek to maintain standards. The noble Baroness is seeking to move standards forward to address climate change. The noble Earl, Lord Caithness, in Amendment 253A also takes up climate change issues.

The noble Lord, Lord Carrington, wishes to ensure in Amendment 247 that reasons for regulations should be, as now in the EU, clearly defined as necessary—as one would certainly hope they would be.

The noble Baroness, Lady Jones of Moulsecoomb, was commendably brief, emphasising the importance of labelling for full transparency and proposing smart labelling, animal welfare and traceability. The noble Lord, Lord Holmes of Richmond, adds wine in his Amendment 253.

Crucial in this group is Amendment 254 in the names of the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lord, Lord Holmes of Richmond. Here they have scooped up key points in this permissive section to make it into a provision which says that Ministers “must” take action. So much in this Bill is permissive and does not specify what “must” happen. They seek to specify here that origin, transportation and method of slaughter should be transparent to consumers, but I note that my noble friend Lord Palmer and the noble Baronesses, Lady Altmann and Lady Deech, are concerned about this.

Then there are the amendments ranged around the country. Amendment 255 in the name of the noble and learned Lord, Lord Hope, and the noble Lord, Lord Wigley, supported by the noble and learned Lord, Lord Thomas, and my noble friend Lord Bruce, would ensure that the Secretary of State consults the devolved Administrations and other bodies on regulations relating to marketing standards and the nature of the potential internal market in the UK. Amendment 263A from the noble Baroness, Lady Finlay, also explores the balance in devolution and the risks of trade deals agreed by the UK Government which might be unacceptable and destructive, for example in Wales, damaging the union itself. The Minister was going back to think about devolution. He will need to examine this as well.