Agriculture Bill Debate
Full Debate: Read Full DebateEarl of Devon
Main Page: Earl of Devon (Crossbench - Excepted Hereditary)Department Debates - View all Earl of Devon's debates with the Department for Environment, Food and Rural Affairs
(4 years, 3 months ago)
Lords ChamberMy Lords, it is a privilege to follow the noble Lord, Lord Greaves. I agree with much of what he said about public access and the health and well-being benefits thereof. I will speak specifically to my Amendment 2, which changes the ELMS targets in Clause 1(1)(b) from “enjoyment of” to “health and well-being benefits from” the countryside. This goes to the heart of the Bill and what the countryside is for. Is it for our enjoyment or for our benefit?
I apologise for not being present in person, particularly on a day when I have tabled a number of amendments. I am currently in quarantine following a fortnight in California, where it was 116 degrees last week. California is parched by drought. It is ravaged by wildfire and overrun by Covid, exacerbated by a food production system that maximises profit and productivity. There is no doubt that the Californians “enjoy” that remarkable land, but that enjoyment patently does not inure to the benefit of their health, well-being or environment.
This amendment was debated in Committee and many noble Lords supported the inclusion of health and well-being benefits, so I will not repeat myself, but I note that this provision remains unchanged from the original 2018 version of the Bill. This is despite the onset of the worst public health crisis in a century, during which the public health and well-being benefits of our natural environment, and our domestic food supply, have never been more important. It is disappointing that the Government have not seen fit to put the crucial goals of health and well-being on the face of the Bill. However, I am equally concerned at the use of the word “enjoyment”. This is either a wholly subjective term that is inappropriate for legislation, or it has a specific meaning as a property right—the right to quiet enjoyment—which simply cannot be a public good.
I declare my interest, now and for the rest of this Report stage, as a Devon farmer and the holder of certain long-standing feudal rights. I originally trained as a property law barrister and I am very aware that enjoyment of land is a basic freehold right that may be granted to tenants or exercised by bringing a tort claim in nuisance. Is the granting of public property rights what the Government intend to reference in Clause 1(1)(b)? If so, I would not be wholly opposed to that, but it needs to be stated explicitly and would deserve considerably more debate than is available today. I would also question whether that amounts to a public good, given that there is an all-too-vibrant property market at work in this country at the moment.
Equally, if this is merely the dictionary definition of enjoyment—“the taking of pleasure in something”—it is overbroad. As the noble Lord, Lord Greaves, referenced, we have heard much in the news lately of public access and enjoyment, including raves taking place in contravention of lockdown guidance. The participants at those events are undoubtedly gaining public access to, and considerable enjoyment from, the land in question—but it may not be to the good of their health or well-being.
As I stated in Committee, I am a champion of responsible public access to the countryside, but not to the detriment of the environment, the well-being of the public or the private rights of property owners. This provision, as drafted, potentially damages all three. I hope the Minister can provide much-needed clarification on this important issue.
My Lords, first, I thank the Minister and all those in Defra who have worked so hard between Committee and now to provide us with letters and briefings. The time they have given it is very much appreciated and will hopefully speed up this process.
I will speak primarily to Amendment 5 standing in my name, which seeks to ensure that public access is “granted voluntarily” in the ELM scheme
“by the recipient of that assistance.”
The Minister confirmed this during a virtual session we had the other day, and it is important that he puts it on the record, because there has been some confusion as to whether Defra would be able to impose any of the conditions in Clause 1(1)(a) to (j) as part of giving a grant. If the Minister could assure me that each and every one of them is voluntary, that would be a help.
I support what the noble Earl, Lord Devon, has just said. His wording in Amendment 2 is better than that in the Bill. I also support what the noble Lord, Lord Greaves, said about irresponsible behaviour. It is important to remember that irresponsible behaviour is both ways—both by those who come to the countryside to take exercise and walk along a footpath, and also by the farmer who prevents that for various reasons.
Your Lordships will recall that, in Committee, I went on at some length about litter, which is the blight of Covid-19. I got an email from somebody who said, “You’re absolutely right but don’t forget the farmers, who leave an awful lot of litter around, from their black plastic sacks and other things”—and that is absolutely right. I wrote back to him and said I totally agreed with him. The responsibility has to act both ways, and I hope that the Minister will ensure that it does when the Bill becomes an Act.
I would also like to ask my noble friend about the status of access. If it is a voluntary agreement as part of an ELM scheme, what is the status when that part of the ELM scheme comes to an end? If it is a five-year agreement and there is voluntary access at the end of five years, does that access become statutory or just fade away?
A final thought: when we are talking about access, one of the great things that Covid has shown is that if you give animals and birds a bit of peace, they will come out and show themselves and they will prosper more than when they have humans around. There are certain times of year when the use of footpaths is not helpful to breeding animals and birds, and I hope that there will be a bit of flexibility on both sides to ensure that these rights benefit animals and birds as well as human beings.
My Lords, I support many of the worthy aims of this group of amendments, but my focus is on Amendment 22 in my name, which once more focuses on the clarity and implications of the language used.
Are uplands more important than wetlands? A wise parliamentarian recently told me, when we were discussing the addition of an individual word to this Bill, that considerable care must be taken. The addition of a single word will suggest the exclusion of others. In this clause, the inclusion of “uplands” could well suggest the exclusion of other types of land. The clause seeks to remedy this by including the catch-all language “and all other landscapes”, but this begs the question of why uplands deserve special mention. At the least, it will ensure that all future readers of this legislation will consider the promotion of uplands as more important than the promotion of those other landscapes. Consider the public servant tasked with committing funds to the protection of cultural heritage who is faced with the choice of two projects, one for uplands, one for wetlands. He or she will read this provision and undoubtedly choose the former, which would be a mistake.
Undoubtedly uplands are important, and the cultural and natural heritage therein is vital, but uplands can be no more important than wetlands; indeed, stating my interests as an estuary dweller, I argue that wetlands are considerably more important than uplands. Wetlands harbour considerably greater biodiversity than typically monocultured uplands, and 90% of wetlands have been lost since 1700. Being often near to urban centres and easily accessible, wetlands offer ready public access. Being found on or near the coast, wetlands are much more susceptible to the ravages of climate change and are at the forefront of our battle with rising sea levels. Wetland farmers, often pasture farmers, are as marginal as upland farmers and will struggle with a loss of BPS and export markets due to Brexit, and wetlands are often created and maintained by a remarkable physical heritage in the form of levees, embankments and drains.
I note by way of example the Exminster marshes. Created by Dutch engineers in medieval times, they are the site of a civil war battlefield, England’s oldest lock canal, Brunel’s amazing atmospheric railway—the great western railway—and the M5. They host the university’s playing fields, a major RSPB nature reserve and many small farms that traditionally raise England’s earliest spring lamb; this is ancient pasture-fed farming of the most carbon-neutral variety. To their west is Marsh Barton, with Europe’s largest collection of car showrooms, all of which they protect from the ever-rising sea levels. No area of landscape can be more important yet, without this amendment, they may lose out on ELMS funding to possibly less-deserving grouse moors in Yorkshire.
I trust that the Minister will clarify this issue. I am highly supportive of many of the other amendments, particularly that of the noble Lord, Lord Greaves, with its focus on common land. This is such an important element of ancient land tenure in Devon on uplands and wetlands. It is undoubtedly deserving of special protection.
My Lords, I thank my noble friend Lady McIntosh for tabling this amendment. When I first read it, I thought the key words were
“protecting… the food security of citizens”.
I am of the generation who went through the war. We had extensive food rationing, even after the war ended in 1945; it was nearly 10 years before we got rid of all food rationing. Did we not have a reminder in the first few days of the coronavirus lockdown of just how important food supply is? I pay tribute to our supermarkets and the supply chain, particularly those suddenly putting on extra production and extra harvesting in a magnificent way.
I very much support Amendment 12, tabled by my noble friend Lord Northbrook, and Amendment 11, spoken to by the noble Lord, Lord Carrington, and the very wise words of the noble Baroness, Lady Boycott. The Minister has told us in his briefing notes that he is aware that agriculture is going through a major transition stage. As we move to this new subsidy arrangement, I am confident that the Minister is aware of the challenges and is alert to them. At the end of the day, food security is vital and absolutely fundamental to this country.
My Lords, taking my cue from the noble Lord, Lord Rooker, on the previous group of amendments, I do not want to pontificate about this. The amendment has been eloquently proposed, and I am delighted to have added my name to that of the noble Baroness, Lady Young of Old Scone. She has previous talked about baubles on Christmas trees, and now she has provided us with an eminently suitable plug. I am concerned that if we are not careful, these things will, although maybe not on purpose, be allowed to slip down the plughole, so I urge the Minister to ensure that we have an ample plug, to stop this happening.
My Lords, I am pleased to have put my name to Amendment 14, and particularly to emphasise the importance of cross-compliance GAEC regulations on the preservation and management of soils. I spoke to my own soils amendment in Committee, and I appreciate the Minister’s subsequent letter identifying the various ways in which soils may be protected going forwards.
However, the variety of potential soil protection measures and regulations on its own reveals the weakness of the post-Brexit system, as none of the methods identified has the broad and clear application of the cross-compliance regulations with which farmers are so familiar. As the Minister has already accepted in responding to the second group of amendments, sustainable soil management, including the maintenance of organic matter within our soils, is undoubtedly the most important element of environmental land management. Farming is soil management. Healthy organic soils are an essential carbon sink, and provide an astoundingly diverse ecosystem for microscopic life beyond our comprehension. They also minimise run-off and erosion, decrease the need for artificial fertiliser and ensure better productivity. The loss of the regulations, and the gaps that the noble Baroness referenced, will cause terrible damage to our net-zero targets.
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.
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.
My Lords, thank you for a fascinating and very conscious debate on this important topic. I heard what was said by the noble Baroness, Lady McIntosh, and I do not prefer her Amendment 26 because I think it is more limiting than Amendment 15. It requires only active farmers who take entrepreneurial risk to be recipients, which would unduly restrict applicants and fails to recognise that there are multiple different interests in farmland. Tenant farmers are not excluded from Amendment 15; it is crafted to cover the broad range of interests in land, which include tenant interests. It also recognises that often there are contractors, licensees and short-term tenants, who may have an interest in short-term profit, while landlords and those with a longer tenure may have an interest in the longer-term benefits to the land and the returns therefrom. Amendment 15 leaves it, quite rightly, to the marketplace to determine who gains the funding.
The noble Baroness, Lady Young, need not be embarrassed at all; my support is never contingent and I understand her points regarding the multiple objectives that she lists. This just goes to show that this is not an agriculture Bill; it is an environmental land management Bill. I appreciate the support of the noble Earl, Lord Caithness. His question on the dilution of farming support was entirely pertinent. It is disappointing that the Minister was unwilling to answer it. The noble Lord, Lord Rooker, is right: Amendment 15 does not exclude tenants, for the reasons I have discussed. The noble Lord, Lord Addington, greatly assisted in revealing the inconsistencies in the Bill and the need to provide farmers with some proper assurances. I thank the noble Baroness, Lady Northover, for re-emphasising the proper direction of funding, and the noble Baroness, Lady Wilcox, who reinforced the concerns that funding may go to a wider purpose than agriculture.
The Minister made clear that ELMS is designed to work with farmers and land managers. It is land managers who are the concern. The Minister accepted that there are land managers other than farmers, but he did not offer a definition. Are golf course owners included? Are airport owners? Is Network Rail a land manager that will get ELMS funding? The Minister did not exclude those as recipients of ELMS. He says that the budget for agriculture will remain the same. Is that the budget for farmers or for farmers and land managers? Will it therefore be diluted?
I appreciate the point about tier 3. I am excited about the landscape-scale ambitions of ELMS, but it is clear that such funding will definitely go to farming members of a tier 3 collaboration. As I do not wish to be responsible for narrowing the excellent environmental goals of ELMS and I trust that those designing it will be mindful of the very real concerns that your House has voiced today, I hope I do not regret this, but I am happy to withdraw the amendment.
In this grouping, I support various amendments on monitoring and analysis. First, Amendment 18, from the noble Baroness, Lady Neville-Rolfe, advises that impact assessments be published and that public responses to them be taken into account before financial schemes are themselves launched.
Secondly, and correspondingly, my noble friend Lady McIntosh of Pickering’s Amendment 30 would have the Government set out expenditure levels and their predicted outcomes as part of their multiannual financial plans. I am also in favour of Amendment 34, from noble Earl, Lord Devon, which would improve parliamentary scrutiny by insisting that multiannual financial assistance plans be considered for at least two months before coming into effect.
I also support Amendment 32, from the noble Lord, Lord Teverson. We have just heard him eloquently express the reasons why he advocates this. The five-year period, rather than seven, more accurately reflects how long developments arising from the Bill are likely to take. Thus, the amendment prevents an unnecessary delay or transition from the old payment system to the new one.
Finally, I support Amendment 47, from the noble Lord, Lord Wigley, which correctly points out that financial assistance to United Kingdom farmers should take into account how they are operating and competing within the international economy.
My Lords, Rosh Hashanah, the Jewish New Year, is this weekend—Shanah Tovah.
The seven-year period cited in Amendment 33 is not accidental. We all know of the seven fat and seven thin cows of the pharaoh’s dream in Exodus. Jewish law prescribes a seven-year agricultural cycle, with a fallow year—the Shmita—every seventh year. What was good for Moses should be good for us, and we should set our agricultural policy in seven-year cycles.
The transition period is seven years and the period between multiannual financial assistance plans should be the same. This will allow farmers longer to plan and to commit resources to the published policy. It will permit farmers time to recover from any poor harvest, avoid the politicising of multiannual financial assistance plans and remove their coincidence with the five-year political cycle.
As to Amendment 34, along with the noble Baroness, Lady McIntosh, I note that the Government have published their own Amendment 35, under which they agree to publish the multiannual financial assistance plan at least 12 months before it comes into effect for all instances other than the first one. However, the first plan is by far the most important. It will make by far the greatest impact on farming and take by far the greatest effort to distribute within the farming community. My amendment seeks at least two months’ notice before January’s plan comes into effect, but even this will not be permitted, it appears. We are told the plan will be available this autumn, but I note that the autumn ends on 21 December.
Just this morning, I spoke with representatives of the Dartmoor hill farmers, who are hugely concerned. These small farmers see the Dartmoor National Park, the Duchy of Cornwall and other large commercial bodies secretly trialling ELM schemes about which these small farmers are wholly ignorant. They are really scared that the rules are changing for large wealthy land managers, who can afford professional assistance, while they—the actual farmers—remain wholly in the dark as to what is coming, as do we.
As to the compelling arguments of the noble Lord, Lord Teverson, I fear that five years will only increase the negative impacts of what may be a chaotic transition. The noble Lord listed many species that he sees fewer of now. I would ask him to consider whether he sees more crows, magpies, buzzards, badgers and foxes than he used to. Their impacts on nesting farmland birds are well established.
My Lords, I can be brief. Amendment 36 in the name of the noble Baroness, Lady McIntosh of Pickering, may appear very minor, but when you consider that we are in the last third of this year and that this is first day of the Report stage of the Bill, there is very little time left before the seven-year transition period is due to begin.
The noble Baroness, Lady McIntosh, and the noble Lord, Lord Carrington, both laid out the uncertainties facing landowners and farmers, not least until greater details of ELMS are clear. The Bill is going to make a huge change to both farmers and landowners, and it is much better that we take them with us. Indeed, I think it is only fair that we give them time to make the necessary adjustments, as there are still so many details to be worked out and the implications of the Bill are so significant. I hope the Minister will find a way that we can adopt this proposal.
My Lords, I am concerned that the mistreatment of and disrespect for farmers under the Bill is continuing. I speak to Amendment 36 and to support Amendment 37 in the name of the noble Lord, Lord Carrington, and Amendment 41.
The 2022 harvest season has begun. Crops are being sown right now that are due to be harvested next year, and farmers just do not know what rules they will be harvested under. With respect to Amendment 29, the Government accepted that expert advice and guidance is a priority for these farmers, but there is nothing to advise and guide them on—they simply do not know what the rules are going to be. Similarly, in proposing Amendment 35, the Government have accepted that the minimum reasonable period is 12 months, but they are not giving the farmer those 12 months.
There were very reasonable objections raised, I think by the noble Lord, Lord Teverson, that we do not want to delay the environmental achievements due to be delivered by ELMS. I agree; we do not want undue delay. However, it would be an environmental disaster to proceed with the transition period that will be stillborn at birth.
No farmers are going to adopt this if they do not know what it is or how it is going to work, so it will be useless from the outset. We need to take time; the Government need to get responses to their tests and trials and work out what they are going to do. Rushing this legislation and rushing the transition period into being is not going to deliver any benefit to farmers, the environment or the public.
My Lords, my interests are as recorded in the register. I fully support and I am very happy to attach my name to Amendment 37 in the name of my noble friend Lord Carrington. I am delighted to support him in this debate.
I am very concerned indeed about the gap in support as the current basic payment scheme is unwound and access to the new ELM scheme becomes available as planned in 2024. As I chat to farming friends, it is very clear that they remain completely in the dark and unclear on what lies ahead, as has been stated many times in this debate—and just now by the noble Earl, Lord Devon.
Smooth transition should be a priority to ensure that we unlock the huge benefits that the new policy is capable of delivering. Farmers have been supported by the CAP, with all its weaknesses, for decades, and are familiar with the systems involved, as the noble Baroness, Lady Ritchie of Downpatrick, just mentioned. As we know, many, particularly those in livestock areas in the uplands, are currently very dependent on that support. To move at pace from where we are today to a satisfactory destination at the end of the transitional period when we have no information on the steps that are being considered by government is not only very worrying to farmers but a massive risk. Time is not on our side, as I stated in Committee. ELMS pilots are just under way and meaningful conclusions will take a couple of years or more to interpret. There will be only three years from the time the Bill becomes law to draw conclusions from the pilots and then launch the ELM scheme to the entire farming sector. There is at present no way that farmers can prepare for this change, because no information is available.
This change in policy is a unique opportunity to facilitate restructuring of the agricultural sector, but it cannot be rushed. It is reassuring that the Minister recognises that there is a gap and in an earlier debate outlined the various options that will be available to farmers from next year: new stewardship schemes, productivity grants, et cetera, to help with the transition. However, if he will forgive me, it all sounds rather last minute, a bit hasty, and an attempt to plug the gap to be seen to be doing something. I do not want to appear cynical but I am concerned that this will suck out capacity from the department and its agencies—capacity that should be devoted to developing the ELM scheme and assisting farmers with transition. It is regrettable that so far we have information only on the deduction from the BPS for the first year of transition. This amendment is important in that it is designed to smooth the process; to limit the dismantling of support from the BPS to a reduction in total of 25% until the ELM scheme is available is a sensible approach.
I restate what I said in Committee—that I
“genuinely believe that we can lead the world in delivering a wide range of crucial outcomes from the management of the countryside, provided that the policy is well designed and land managers”
have access to the advice recommended in an earlier debate and time to adapt. It would
“be a disaster if such an important change in policy was rushed through and we failed to engage appropriately”.—[Official Report, 21/7/20; col. 2070.]
In response to the eloquent comments of the noble Lord, Lord Teverson, I say that the outcomes that he and we all desire will best be delivered through a well- managed transitional process. I hope that the Minister will be able to reassure the House that the department will adopt the timetable proposed in this amendment.
My Lords, I will speak to Amendment 44, which is the last of the day in my name. It is complementary to Amendment 43 from the noble Lord, Lord Cameron, and I adopt everything that he has just said on rural development. It permits provision for future contributions to existing socio-economic schemes, which provide essential capital investment and support for rural businesses and have been warmly adopted in the south-west. I declare my direct interest as the recipient of a RDPE grant, albeit that the project in question has been delayed—as has so much—by coronavirus.
As the noble Lord, Lord Cameron, explained, the need for this amendment arises from the ongoing uncertainty around the scope and timing of the UK’s Shared Prosperity Fund. This may or may not come into effect in 2022. If the last few years have shown us anything, it is that the best-laid plans often go awry. This amendment aims to provide some confidence to recipients of existing RDPE schemes that they will be supported going forwards, whatever lies ahead.
My Lords, I declare my interests as set out in the register. I support both amendments. In the case of Amendment 43, in the name of the noble Lord, Lord Cameron of Dillington, I believe that, with our existing knowledge of the precarious existence of farmers—particularly in upland areas—and their importance to the physical and social landscape of their localities, it is important to be able to support them through non-production-related schemes, as many of the existing and proposed schemes may not work for them. I hate to bang on about this, but it is particularly relevant in the light of the proposed cuts to BPS—even if it is only 5% in the first year, although some of us argue about how important 5% is. There is a lack of detail about what will follow in subsequent years, and also a lack of detail on ELMS.
I see no reason why Amendment 44, in the name of the noble Earl, Lord Devon, cannot be adopted, as it should cost the Government nothing since contributions to the RDP should already have been budgeted and, as I understand it, are expected to be rolled into the new proposed UK Shared Prosperity Fund. It is therefore just a timing issue, and correctly gives the necessary reassurances to the current RDPs.