Genetic Technology (Precision Breeding) Bill

Earl of Devon Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I note my interests as listed in the register, both as a farmer and as an IP and technology litigator at a law firm that represents clients active in this space.

I too welcome the noble Lord, Lord Roborough, to this House and congratulate him on an excellent maiden speech; I am glad to have another Devonian in our midst, particularly one who is so close to the cream and who brings such a wealth of expertise in markets of natural capital.

While welcoming one new Member, I regret the retirement of another. Viscount Ridley would have contributed significantly to our review of this Bill, and his absence will be keenly felt. I hope his rebellious backing of my conservation covenant amendment last year did not contribute to his departure.

As a committed environmentalist, farmer and cross-border IP practitioner, for me, this is a significant and exciting Bill. It promises considerable benefits to our food supply, to animal welfare and to our national well-being; it can contribute to our net-zero ambitions, our climate resilience and our restoration of biodiversity; and it also provides great prospects for our innovative bioscience and agritech industries.

It is the last of these benefits that is probably the most exciting. Generally as a nation, we flatter ourselves in thinking that what we do on our very small island will move the needle much on global climate change, food supply or biodiversity; we simply do not have the land to make a significant difference. But with excellent universities and research centres, harnessing a structured and internationally accepted regulatory framework, we can make technological advances that have a significant impact on a global scale. That is the gold standard for which we must strive.

The Government are therefore to be congratulated on bringing forward this Bill, but they must also be wary that these bright and shiny opportunities do not blind us to the dangers that many fear from the technological developments being considered. For those comfortable with biotechnology and its regulation—and plenty of eminent speakers today fall into that category—these fears about gene editing and the use of precision breeding may seem misplaced, but they may indeed be fed by unreasonable suspicions and a certain amount of hyperbole and misinformation. I note that certain briefings mischievously describe gene editing as a form of “deregulated” or “exempt” genetic modification. However, we need to be mindful of public sentiment and bring consumers with us by openly developing robust safeguards, transparent regulatory processes and proper parliamentary oversight. The Government must temper their tendency to introduce critical policy through secondary legislation that sidesteps oversight and engenders mistrust.

There is a major public relations element to this Bill, and the Government must strive to educate in order to overcome the worrying statistics revealed by Defra’s public consultation. In our post-pandemic, social media-mired world, we cannot ignore the fact that the vast majority of individuals and businesses disagree with regulatory liberalisation for genetically edited organisms. Can the Minister please provide any insights into the public information efforts that will be introduced to support the aims of this Bill?

Public information leads us to the question of traceability and labelling. It is important that consumers are conscious of where their food comes from and how it was grown, and universal traceability of our diet is an important goal, particularly as we seek to shorten supply chains and ensure producers are answerable for the manner in which our food is produced. But I do not think labelling is the answer here, as gene-edited produce that presents no additional risk to health or well-being should not be forced to compete unfairly with non-GE alternatives. If, as suggested, such produce actually improves health and animal welfare, or saves resources, then producers would undoubtedly extol those virtues in their own marketing.

I have already referenced the international export opportunities presented by this Bill, particularly for technology that can be developed. However, can we be certain that it presents no risks to our existing agricultural export business? Both the World Trade Organization and the European Commission are considering the regulation of gene-editing technology. Can the Minister please assure us that, by being an early adopter and taking a lone path, we will not unwittingly exclude ourselves from these international markets? In particular, what mechanisms are in place to ensure we maintain equivalence with future EU or WTO regulations?

I note some uncertainty regarding definitions and the market sectors impacted by this legislation. Briefings I have received focus largely on animals and plants for the food chain, but I trust the Bill will be equally applicable to silviculture and particularly the crucial development of disease-resistant and climate-resistant tree species, which are essential to the fulfilment of our extensive net-zero tree-planting commitments. Equally, I note that the legislation applies only to multicellular organisms. I wonder whether we are missing out by not addressing the opportunities presented by microbial proteins, which are single cell and an important alternative animal feed.

I agree with the concerns raised in the other place over animal welfare, and the fact that gene-editing technology must never be used to create animals able to withstand lower-standard living conditions. That said, it is a complex issue; for example, if we can help to create native breeds that survive in our inevitably hotter climate, that would surely be a good thing, even though some might say it enabled them to endure harsher living conditions.

The Bill asks much of the Food Standards Agency. I hope the FSA is prepared, and will be fit, for this important purpose.

I would be interested to understand the intellectual property implications of this legislation. Considerable intellectual property resides in the technologies developed to achieve gene editing, as seen in the extensive recent CRISPR technology disputes in the United States. Jurisdictions around the world remain uncertain and divided about the patentability of edited genes themselves, particularly where they are not otherwise naturally occurring. Can the Minister confirm whether the Government have considered that issue? It would be significant if gene-edited organisms were themselves protectable by the intellectual property regime, providing potential monopoly power to multinational agritech firms that would prohibit open access to the important public goods that should be created by the Bill.

I look forward to the Minister’s response and to working with noble Lords to deliver, I hope, a better Bill.

Environment Act 2021: Targets

Earl of Devon Excerpts

Tuesday 25th October 2022 Lords Chamber

[Lord Benyon (Con)]

Absolutely. We had the water framework directive when we were part of the European Union. We have transposed it into UK law. We want to make sure that it is right for the United Kingdom’s environment. However, that directive had very clear markers, which, to be honest, we failed to hit over many decades. Now, with this investment and the huge drive towards different farming techniques, we should see much clearer evidence about how we will hit those targets to get our water courses flowing and functioning properly; that will be available to everyone.

[The Earl of Devon (CB)]

My Lords, we have a biodiversity crisis but also a well-recognised housing crisis in rural areas. How do the Government seek to avoid the introduction of biodiversity net gain and the off-setting of 10% of biodiversity loss exacerbating the housing crisis, particularly in rural areas?

[Lord Benyon (Con)]

The noble Earl is absolutely right. We need to see more houses built. We want them built in the right place. Biodiversity net gain is a welcome addition to ensure that we not only protect habitats from damage but replace them—and some—in future. Small housing schemes in rural areas are, I am absolutely convinced, the right way forward because they have the almost unique element of being popular. We need to find housing particularly for younger families in rural areas, where they are finding it much too expensive. Exception site housing, which has been unbelievably helpful in that direction, needs to be stepped up a gear. I hope that my fellow Ministers in the new Administration will understand that this is a popular way of delivering housing.

Agricultural Fertiliser and Feed: Rising Costs

Earl of Devon Excerpts

Wednesday 29th June 2022 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I am grateful to the noble Lord, Lord Redesdale, for securing this important debate. I note my interests as a Devon farmer and a lawyer working for a firm with an agricultural law practice.

The noble Lord, Lord Campbell-Savours, highlighted the humanitarian catastrophe unleashed by Russia’s invasion of Ukraine, from the devastation on the ground to the blockade of the Black Sea, which has held hostage so much of the world’s wheat, sunflowers and other key food commodities on which so many rely. As we focus our attentions on the unprecedented impact of these events on our own food and farming sectors, let us not forget the unimaginable suffering that will be experienced by the Middle East and north Africa over the coming months and years. The Government have my support in urgently seeking to unlock routes to market for Ukraine’s produce.

I turn specifically to the impact on UK fertiliser costs. The numbers are stark, as we have heard, with fertiliser prices increasing fourfold or more. I am aware that the Government have taken preliminary steps to address these costs, but ammonium nitrate has gone from £200 to £800 a tonne, and I understand that the cost of gas suggests it may reach £1,000 a tonne soon.

At the same time, domestic fertiliser production has plummeted as one of only two fertiliser factories in the UK has shut. I was totally unaware of the fragility of our domestic fertiliser production, and I ask the Minister to explain what steps the Government will take to ensure that domestic production recovers and that we establish better resilience and variety of production in the years ahead. It seems highly risky to allow a single company to control all domestic fertiliser production, and it suggests a severe market failure in a strategically crucial agricultural input. Will the Government undertake to monitor this and ensure it can never happen again?

Given that fertiliser cost and supply are likely to remain tight for months, if not years, and that the cost of imported animal feeds will also remain prohibitive, what steps are the Government considering to promote domestic production of alternatives? We have already heard about legumes, such as peas and beans, which are well suited to the UK climate. They are an excellent alternative to soya, they are flowering plants that support biodiversity, they fit well into a combinable rotation and, crucially, they are not dependent on nitrogen fertiliser.

I understand that Northern Ireland has run a protein crops payment pilot in recent years. Will the Government consider expanding this across the UK in response to the fertiliser and feed cost crisis, or perhaps as part of ELMS or the sustainable farming initiative?

Talking of sustainable farming, I went back to Professor Dieter Helm’s work, Green and Prosperous Land: A Blueprint for Rescuing the British Countryside, which I bought in 2019 when we began to consider the Agriculture Bill. His was the seminal work that inspired the agricultural and environmental revolution that we are currently undertaking. In his chapter on food production and self-sufficiency, the professor notes the farming industry’s concerns that farming is about food production and food security first, and then about nature. Dismissing this, he noted:

“Food security is largely an empty slogan of lobbyists. It should not be taken seriously.”


How times have changed. Following the hard Brexit, the pandemic, escalating climatic catastrophe and now the war in Ukraine, the world has turned on its head. Food security, famine and the migration and misery they cause are now top of the agenda.

I have been a keen proponent of the environmental and biodiversity agenda in recent years but have always sounded a word of caution, particularly given the excessive demands being placed on our island’s limited reserves of natural capital. Many of us called for longer to complete the agricultural transition from BPS to ELMS, citing the considerable stresses that would be placed on the fragile farming community. Those requests were rebuffed, with the Government confident that seven years would be sufficient. With fertiliser and feed prices now at unprecedented and wholly unsustainable levels, are the Government giving any further thought to the timing of our agricultural transition?

Noble Lords will recall plenty of debate over the merits of rewilding and the concept of sparing productive land for nature, rather than sharing it. Given the crisis in food production, will the Minister finally confirm that government policy favours the sharing of land and will not support the wanton destruction of productive and essential farmland in pursuit of expensive dreams of an impractical prehistoric wilderness that never truly existed?

Does the Minister agree that environmental benefit will be achieved not by condemning farmers and punishing them but by ensuring their operations remain profitable and productive, while improving environmental and biodiversity outcomes through agri-environmental schemes and agritech solutions? Our academic research institutions are leading the world in these two sectors, and we need to support them better.

I am looking for some silver lining. This crisis may present an opportunity to fast forward the development of environmentally friendly alternatives to existing production methods. Of particular significance is the need to find natural, organic alternatives to the polluting and energy-hungry application of nitrogen fertilisers. For instance, what steps are the Government taking to encourage the development and application of seaweed-based fertilisers? Seaweed is rich in nitrogen, potassium phosphate and magnesium. Given our extensive coastline, surely this is an area ripe for expansion.

Likewise, our green and pleasant land delivers one thing, grass, better than almost anywhere else on earth. Given the cost inflation and the environmental degradation inherent in soya-based animal feeds, will the Minister endeavour to provide better support to the pasture-fed meat and dairy industry? Of particular concern in Devon is the ongoing uncertainty regarding the farming rules for water, which remain opaque and unclear. Their uncertain and punitive enforcement is preventing the application of much-needed organic matter to Devon’s pastures.

Finally, conscious once more of the terrifying hunger that will result from the war in Ukraine, are the Government making any efforts to ensure that UK farming produce is available to assist those hungry and in need around the world?

Food, Poverty, Health and the Environment Committee Report

Earl of Devon Excerpts

Thursday 10th June 2021 Lords Chamber

[The Earl of Devon (CB)]

My Lords, it is a pleasure to welcome the noble and right reverend Lord, Lord Sentamu, to the Cross Benches. I hope he finds them as supportive as I have. It is also a pleasure to speak in the Chamber once more. It has been a very long year since last I was here, and a similar length of time since this excellent report was first published. The 12-month delay to this debate has only increased its urgency.

My appreciation goes to my noble friend Lord Krebs and the whole committee for producing such an excellent and insightful report in the teeth of the pandemic. The inequalities of which they write have been brutally exposed by Covid-19’s assault on those with poor diet and related ill health. There could not be a more important time to consider its conclusions and to press for the change that our nation is so hungry for.

As many have said, in reply the Government will doubtless repeat their reliance on the national food strategy, which is due to provide its second and concluding report at some point this year. The work of Henry Dimbleby and his team is to be welcomed and applauded, but we must be wary of the Government kicking the can by delegating their responsibility to bodies that will report at some future point. Assuming that the national food strategy reports later this year, the Government have a further six months to respond, so we will not see those details until the summer of 2022. With every month of delay, inequalities and ill health build. This delay will be fatal for many.

I note my interest as a Devon farmer—not quite Neanderthal but with some feudal origins. I am also a member of the advisory board of the South West Food Hub. I will restrict my focus to issues of food production, education and procurement.

As your Lordships are well aware from the Agriculture Act and the Environment Bill, never in recent times has there been more upheaval in policy and funding for land management. The loss of basic area payments and the introduction of ELMS heralds a sea change in how our rural environment is funded, providing public money for public good and moving focus away from the provision of food. Your Lordships will recall many hours debating the 10 ELMS purposes in Section 1(1) of the Agriculture Act, none of which include the provision of food—the basic purpose of agriculture for a millennium. Section 1(4) does require the Secretary of State to

“have regard to the need to encourage the production of food”,

but it is a secondary concern—it is a “regard”. British farmers are now predominantly environmental land managers.

Add to this elements of the Environment Bill, such as local nature recovery strategies and biodiversity net gain, and we have additional incentives pushing farmers away from the production of food towards the provision of ecosystem services. These worthy developments risk fundamentally altering our land use, and I request that the Minister reaffirm the Government’s commitment to the principal role of farming being the provision of locally sourced, sustainable and nutritious food for the benefit of the British people. If that is not the case, we need to know.

At the same time as these major upheavals are impacting farming, the Government are pursuing a trade policy focused on establishing a post-Brexit free trade network at seemingly any expense. The import of lower-cost, lower-standard agricultural products are at the heart of those negotiations. At this very moment we are in an arm wrestle with Australia over its desire for access to British consumers for Aussie red meat, providing an existential competitive challenge to the British pasture farmer.

Although I agree with the report that we need a dietary shift to less and better-quality meat, that shift should not be to meat produced to lower welfare and environmental standards imported at considerable carbon cost. This would not improve the diet of the British public. Indeed, it might make meat even cheaper and thus increase its consumption, moving us yet further from the Eatwell guidelines. Rather than subjecting our high-quality livestock production to an uneven playing field through unbalanced trade capitulations, our Government should be banging the drum for grass-fed British meat and dairy as the highest-quality and most sustainable natural protein available. Will the Minister confirm that British livestock farming will not be sacrificed by the noble Lord, Lord Hannan, on the altar of free trade?

The story of our food and the sustainable natural heritage from which it derives needs to be better told. Professor Dasgupta’s recent report on the economics of biodiversity is adamant that environmental education is key to restoring an understanding of our natural world. The Government have not responded to that recommendation, and I wonder whether the Minister can let us know whether they intend to do so.

I applaud the Government’s efforts to increase public understanding of a healthy diet, and to making health education compulsory for state-funded pupils. If the Government are able to do that for human health, would it not be reasonable to expand the syllabus to include our planetary health, thereby providing all state-funded pupils with the environmental education Professor Dasgupta considered essential? This would enable them to adopt both a healthy and an environmentally sustainable diet.

As the noble Lord, Lord Curry, has noted, public food procurement is the one area in which the Government could have the quickest and most fundamental impact on public health and sustainable food production. I note the Government’s commitment to using public sector procurement to improve the quality of food, as well as supporting local communities, improving nutrition and sustainability.

The South West Food Hub is a community interest company working in partnership with the Crown Commercial Service to deliver a new approach to public sector food procurement, known as the future food framework. The aim is to support small and medium-size producers in the region to sell directly to public sector institutions, ensuring that hospitals, schools, prisons, the armed services et cetera are eating healthy and locally produced food procured at a consistent and affordable price. The scheme both minimises food mileage and maximises the opportunity for those consuming the food to engage with and understand its production. Will the Minister confirm the Government’s support for the work of the South West Food Hub and its ground-breaking pilot with the CCS?

Finally, there has been much talk of obesity and the Government’s obesity strategy. As a member of the National Plan for Sports and Recreation Select Committee, I just add that we will be addressing another aspect of the obesity crisis—as the noble Lord, Lord Krebs, well knows—with a view to encouraging greater activity and well-being for those who we hope will be enjoying a healthier and more balanced diet. I congratulate the Liaison Committee for its joined-up thinking in that regard.

Environmental Land Management Schemes

Earl of Devon Excerpts

Monday 24th May 2021 Lords Chamber

Asked by

[The Earl of Devon]

To ask Her Majesty’s Government what progress they have made towards developing environmental land management schemes.

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

My Lords, I declare my farming interests as set out in the register. Our approach to environmental land management is the cornerstone of our new agricultural policy. Work to deliver the schemes continues at pace. In March 2021, Defra published plans for piloting the sustainable farming initiative, which opened for expressions of interest. All successful agreements will come into force from October 2021. Preparations to pilot the new local nature recovery scheme and to launch early landscape recovery projects continue. They are expected to start from next year.

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

My Lords, it is a pleasure to welcome the Minister to the Dispatch Box at such an important time for British farming. I declare my interests as a Devon farmer. Does the Minister agree with His Royal Highness the Prince of Wales that farmers face a unique triple threat from decreased basic payments, increased trade and an uncertain transition to sustainable farming under ELMS? Do the Government accept that the uncertainty over the details of that transition is bad for farmers and, more particularly, worse for the environment?

[Lord Benyon (Con)]

Like the noble Earl, I certainly recognise the need to provide further certainty. That is why in November we published the agricultural transition plan, which set out in detail how we will phase out direct payments and will support the sector to contribute to environmental goals and to be profitable and economically sustainable without subsidy. Since then, we have launched the initial farm resilience fund, opened the Countryside Stewardship scheme to further applications and published a consultation on delinking and the lump-sum exit scheme. More than 2,000 farmers have applied to pilot the sustainable farming incentive. Across the summer, we will provide further information on early rollout of the sustainable farming incentive, the farming in protected landscapes programme and our tree health pilot, and we will announce the successful applicants for the farming resilience fund.

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

Earl of Devon Excerpts

Monday 22nd March 2021 Lords Chamber

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

My Lords, I note my interests as a Devon farmer. Given the weekend’s criticism of Members speaking in their own interest, I add that I am proud to speak for farmers from Devon. This House is well served by Members with hands-on experience, and I particularly appreciate that both the Minister in this House and the Secretary of State in the other place are themselves farmers and are sensitive to farming interests.

I am grateful for the hard work of Defra in implementing the Agriculture Act, but these regulations raise concerns. Like many farming families, I sat down last week, having established harvest 2021, to review budgets and understand the implications of the agricultural transition on farming operations. The many uncertainties are a challenge for farmers, the environment and the provision of the affordable, healthy and nutritious food that our nation so desperately needs right now. But of more immediate concern is the fact that these uncertainties risk severely limiting the adoption of ELMS, thereby frustrating the Government’s well-intentioned reforms.

As to the direct payments to farmers regulations, do the Government accept that decreased financial support will result in less money to invest in new equipment and technology and will require farmers to intensify their current farming practices in order to maintain their viability? This can only mean a decrease in relative productivity and an increase in environmental degradation. What steps are the Government taking to monitor these impacts during the transition period?

On direct funding, how much do the Government expect to save by these regulations, and where will that funding now be applied? Will 100% of the savings be redistributed to farmers? Can the Minister confirm that none of these funds will be diverted to the administrative expenses of the agricultural transition?

Finally on this regulation, what are the Government’s plans for future reductions beyond 2021? I agree with the noble Lord, Lord Rooker; farmers are already planning for 2022, and necessary investment will not be made if they do not have a clear idea of their future funding streams. Without a clear road map, productivity and the environment will suffer.

I welcome the launch of the sustainable farming incentive pilot. Is it correct that the SFI pilot is unavailable to any farmer already part of the Countryside Stewardship scheme, and thus is available only to those who have chosen not to enter such schemes or whose schemes have recently expired? If so, it seems unlikely to be an effective pilot, if those being asked to trial SFI are sceptics and non-adopters.

Turning to the Agriculture (Financial Assistance) Regulations, the mechanics of monitoring compliance are essential, but the extent to which inspection burdens farmers, and particularly farmers’ families, will directly impact their popularity. In this regard, there are a number of serious concerns. The regulations suggest that inspections may occur at a “reasonable hour”, but nowhere is that term defined. Given the working hours and seasonality of farm work, this may be particularly challenging. Inspection mid-harvest or mid-lambing could be an unreasonable hour, at any time of day.

Inspections may take place anywhere other than a private dwelling, and yet, as the Minister knows, a typical farmhouse kitchen is often the administrative heart of farming operation, and sometimes also a creche for newborn lambs. How will inspectors gain access to the records they need if they cannot access private dwellings? Equally, how will the privacy of farming families be preserved under such an inspection regime?

There are notice provisions before a virtual inspection by live video link, but there are no such notice provisions required before inspection by remote sensing, thus inspection by drone is permitted without notice at any reasonable hour of the day. This raises major concerns for privacy and security, particularly as drones are now popular with criminals scouting rural targets. For those living on isolated farms, the presence of a drone overhead can be very disconcerting. Furthermore, many farmers have diversified into tourism, particularly here in the south-west. As drafted, these regulations may permit drone inspections of campsites and holiday lets, irrespective of the privacy concerns for guests.

It is not apparent either who the “authorised person” will be, and who such “other persons” as the authorised persons think necessary are. These individuals have considerable powers of inspection and enforcement, including the ability to take documents, inspect computers, and take a photograph or a record in digital form of anything on or associated with the land or premises. This is a remarkably wide power. Indeed, it suggests that taking a digital copy of the family computer, if used in the farm office, would be permissible, and I see no safeguards around how these powers may be exercised.

Finally, the right of appeal under Regulation 31 is to a person or persons appointed by the Secretary of State, with no specificity on independence or qualification. Given that it is the Secretary of State’s own determination that is being appealed, it seems contrary to the interests of justice to permit him or her to appoint the appellate tribunal.

This is by no means an exhaustive list of concerns, but they are extensive. Unless they can be resolved, there must be major concerns about the attractiveness of the entire regime. I look forward to hearing the Minister’s reply.

Rural Landlords and Land Letting: Reform

Earl of Devon Excerpts

Thursday 21st January 2021 Grand Committee

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

My Lords, I thank the noble Baroness, Lady Rock, for calling this key debate. I note my interests and the fact that I speak with modest experience as the co-chair of a local agricultural tenancies working group.

Given that tenants farm one-third of the agricultural land in England and Wales, tenancy reform will undoubtedly have a large impact, but that impact pales in comparison to that of the Agriculture Act and the introduction of ELMS. I therefore urge caution against a rush to further immediate reform and suggest that we need time to understand ELMS and farmers’ new role as environmental land managers before enacting further change. In an ideal world, TRIG would continue its excellent, consensus-driven work during the agricultural transition period before recommending a comprehensive reform that will complement ELMS and improve farming.

FBTs were introduced to increase new entrants and improve productivity, as we heard, yet the average age of farmers remains over 60 and productivity has flatlined. The fact that the average farm business tenancy lasts for only about three years is a complete failure. Such short-termism may be profitable, but it is a disaster for our soil. From personal experience, I know that it can take years and considerable cost to build organic matter in soil, so why would a tenant farmer do that with only a three-year tenure? Equally, how does a landlord implement a long-term stewardship vision for land without a long-term relationship with those who farm it? Can the Minister therefore explain how ELMS payments might work within the current agricultural tenancies structure, what payments will be the landlord’s and what will be the tenant’s, and whether that will vary with length of tenure? Finally, with the Environment Bill looming, can the Minister please explain how conservation covenants will work within the existing agricultural tenancies structure?

Agriculture Bill

Earl of Devon Excerpts

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

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

Following up the question from the noble Baroness, Lady Wilcox, I ask the Minister to confirm whether he considers that government Amendments 45 and 46 might address the issues raised by Amendment 44. It is important to have that clarified. I thought that they did as I read them in preparation for today. That would certainly alleviate some of the concerns behind Amendment 44.

--- Later in debate ---

[Lord Taylor of Holbeach (Con) [V]]

My Lords, my interests in this Bill are published in the register. This has been a good debate. I wish to add my voice to those of other noble Lords in support of the Minister’s proposed amendments to Clause 17, which recognise the strength of noble Lords’ feelings, expressed particularly in Committee. That is why the Government have committed to publish the first report on food security before both Houses rise for the Christmas Recess next year, with successive reports in future every three years.

The first report will include the impact of the current coronavirus pandemic on food supply, which will be a critical aspect of it. It will give a particular and important emphasis to the report. As noble Lords will be aware, there is a wide range of statistical data on food supply and consequent security that is already made available annually. However, the whole point of the exercise is to evaluate the longer-term trends in these reports and recognise those in the sound compromise of a three-year cycle.

I may seem like a crowd cheerer for the Minister, but I believe that my noble friend should be thanked and congratulated on reading the mood of the House accurately and acting on it.

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

My Lords, I shall speak to Amendment 51, in which I join the Government. It was an amendment I proposed in Committee, so I thank the Minister and Government for agreeing to it. I very much appreciate the reaching of a consensus on this point.

I echo the words of the noble Lord, Lord Whitty. Farming is, obviously, key, and its main focus is the provision of food. It is important that the House has reached consensus on this point. I do not agree with the point made that we need a more regular food security report; it is proposed that it should be annual. An annual report will result merely in a cut and paste of data and little consideration. The three-year cycle is key, because you can pick up trends and some novel work can be put into the process between or during each reporting cycle.

Finally, with respect to food security, I caution that we should not merely focus on the volume of food available. High-volume, low-cost and low-quality food is exactly what we do not want; obviously, we want sufficient volumes of food, but it needs to be food of a quality that will keep this nation healthy. We have all seen over the past six months how important good health and good diet are to the nation’s ability to deal with this terrible coronavirus.

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

My Lords, it is a pleasure to follow the noble Earl, Lord Devon. This is a vital group of amendments covering food security, and I agree that the main purpose of our agriculture is to provide healthy, nutritious food. I welcome the Minister tabling amendments that require the first report on food security to be prepared before 25 December 2021, so long as it is a sitting day of both Houses. A further amendment requires reporting every three years. Others have tabled amendments pressing the case for more frequent food security reports.

I welcome the change in the Government’s position and thank the Minister for his introduction. I have added my name to Amendment 50 in the names of the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Judd, and the noble Baroness, Lady Bennett of Manor Castle. This is a similar amendment, which requires that the first food security report be laid within 12 months of the passing of this Bill. It is important that the first report on UK food security should be completed within 12 months of the implementation of the Act and every three years thereafter. The noble Baroness, Lady Bennett of Manor Castle, made a very powerful case for why it is important to get on with this matter. Food security is important to everybody in the country.

The noble Baronesses, Lady McIntosh of Pickering, Lady Ritchie of Downpatrick and Lady Boycott, and the right reverend Prelate the Bishop of St Albans would like this food security report to be produced annually. We are all concerned about the state of food security, as we should be. However, I appreciate that the production of this report will be bureaucratic and is likely to take a good deal of data collection. I wonder whether the production of a yearly report would create such an administrative burden that the information contained in it would be insufficiently detailed to be meaningful. I look forward to the Minister’s comments on this.

On Amendment 53 in the name of the noble Baroness, Lady Boycott, it is important that household food security is considered. At the start of the Covid-19 pandemic, we saw huge food shortages being experienced by households, including those of people working for the NHS who were unable to get to the supermarkets at a reasonable time. As we approach a second spike, food security will again come into focus.

I support the comments of the noble Earl, Lord Dundee, on the impact of importing animal feed specially grown in what were previously rainforests in Brazil.

It is a terrible thing to be hungry. We are one of the richest countries of the world, and we must have robust measures in place to ensure that we can feed our own residents. Food security targets are one way to monitor this, alongside an implementation plan to ensure that targets are met. I fully support the comments of the right reverend Prelate the Bishop of St Albans, and I support the Minister’s amendments and look forward to his winding-up comments.

--- Later in debate ---

Moved by

[The Earl of Devon]

69: Clause 34, leave out Clause 34
Member’s explanatory statement
This amendment is intended to remove agricultural tenancies provisions.

--- Later in debate ---

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

My Lords, Amendments 69 and 89 seek the removal from the Bill of Schedule 3 and the reforms contained therein updating the law on agricultural tenancies. This is not because I am not in favour of agricultural tenancy reform. To the contrary, it is because I do not believe that this is reform enough. My proposed amendments therefore form a protest and express frustration at the modesty of the admittedly sensible agricultural tenancy reforms contained in the Bill.

As discussed at length in Committee and on Tuesday, agriculture is key to meeting the nation’s net-zero carbon ambitions and assisting the Government to ensure that this generation hands a better environment on to the next. To achieve that, agriculture will need to change fundamentally. The biggest change will be to swap short-term profit for long-term sustainable investment and productivity.

The clearest illustration of this change is in the handling of our soils. The building of organic matter in soils, along with a healthy soil structure, requires long-term investment and a short-term decrease in productivity before any financial return can be realised. The same can be said of agroforestry, hedgerow management and any number of the worthy ELM schemes we have debated. None of this is possible if the farm operator enjoys only a short-term interest in the land.

The tenanted sector accounts for approximately one-third of our farmland, of which nearly half is now let on farm business tenancies. The average length of an FBT is less than three years, and 90% of all new tenancies are let for no more than five years. It is difficult, if not impossible, to achieve both a sustainable business and a sustainable environment when farming with a three-year horizon. There is an urgent need to change this and to permit everyone who farms in the UK to enjoy a much longer horizon in which they can expect to reap the long-term benefits of adopting environmentally sensitive farming techniques.

This is urgent, and I am concerned that if we make do with what TRIG has agreed is possible now, we will lose the impetus for further reform for a generation and our agricultural landscape will continue to be blighted by a short-termism diametrically opposed to the noble goals of environmental land management, as set out in Clause 1. I beg to move.

[Lord Wigley (PC) [V]]

My Lords, I am glad of the opportunity to support the amendment and to speak to my Amendment 84, which is attached to it. My amendment is very simple; the words on the amendment paper spell it out. It is to ensure

“that tenant farmers in Wales have a mechanism to object”—

if they need to—

“to a landlord’s refusal to consent to enter into a financial assistance scheme.”

I am very grateful to the noble Baroness, Lady McIntosh, for her support for it.

The point is that there must be a system operating in Wales, and for clarity it should be included in the Bill that this right exists and that the responsibility lies with Welsh Ministers. For that reason, I am glad to speak to Amendment 84 in my name.

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

I have received no requests to speak after the Minister, so I call the noble Earl, Lord Devon.

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

I am very grateful to all noble Lords for their conscientious and passionate contributions. I did not expect much support but wanted to prompt some vigorous debate, which I am pleased to have done.

I pay tribute to the wise work of the noble Baronesses, Lady Rock and Lady McIntosh, in this area. TRIG deserves great credit for its tireless efforts, and I agree with the noble Lord, Lord Inglewood, that we should follow the industry where we can. The ability of tenants to obtain access to financial support and support for capital improvements is important, albeit that I would note the need to maintain contractual freedom in such a highly regulated area. Increasing the opportunities for new entrants to farming via succession is also an important consideration—I say that as landlord to at least one tenancy that began under Queen Victoria. However, I note the words of warning from the noble Lord, Lord Carrington, about unduly extending cumbersome and outdated AHAs.

I have heard what the Minister had to say and appreciate the length of his response. I look forward to holding him to his assurances of further engagement with TRIG in the years to come. I agree with the need to foster enthusiasm among landlords and tenants with the increased adoption of FBTs, but preferably those that enhance the environment and our rural communities.

In three days of debate on Report, we have spent barely a late hour on agricultural tenancies. I believe this proves my point: it is not nearly enough.

Before I conclude, as this is my last appearance on Report, I thank both Ministers for their endless courtesy and patience with the efforts of a novice. With that, I beg leave to withdraw the amendment.

Amendment 69 withdrawn.

Agriculture Bill

Earl of Devon Excerpts

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

During the Covid lockdown in the early summer, access to the countryside was of huge benefit to a lot of people. It also caused a lot of problems and difficulties. Landowners, parish councils and other people put up signs saying, “No access. This area is closed due to Covid”—which was, of course, unlawful. Nevertheless, it showed the importance for people’s health and well-being of being able to walk in the countryside. Responsible public access is absolutely vital, and that is why the Bill is so important. The money ought to be able to contribute to education and information projects, as well as to farmers. Good provision and responsible use of the countryside for recreational exercise are vital for health and well-being and mental health, and I hope that this part of the Bill will play a vital part in this. I just wish that we knew rather more about the details of what the Government are proposing. I beg to move.

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

My 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.

[The Earl of Caithness (Con)]

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.

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Finally, I will touch on Amendment 16, which again has been talked about by several colleagues and was spoken to very forcefully and eloquently by my noble friend Lord Caithness. Last week there was a splendid edition of one of my favourite magazines, Country Life, featuring farmland birds. On the cover was a wonderful picture of my favourite bird, the barn owl. Many of the farmland birds were featured in a very depressing way, because of how they have declined over the years. It is very good that my noble friend has highlighted the importance of nature-friendly farming. If we are to have a countryside which people want to visit, and farming and agriculture of which we can all be proud, there must be nature-friendly farming. I very much hope that when the Minister winds up this constructive, thoughtful debate, he will reflect on some of those points.

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

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.

[Lord Naseby (Con)]

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.

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[Lord Randall of Uxbridge (Con) [V]]

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.

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

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.

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Moved by

[The Earl of Devon]

15: Clause 1, page 2, line 31, at end insert—
“(2A) Financial assistance under subsections (1) and (2) may only be given to—(a) persons who are involved in the production of products deriving from an agricultural or horticultural or forestry activity, including recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations as established in Part 6 or as recognised under the CMO Regulation on the day this section comes into force; or (b) those with an interest in agricultural land, where the financial assistance relates directly to that land.”Member’s explanatory statement
This amendment ensures that financial assistance under the Bill is provided only in relation to farmers, including those operating through POs, APOs and IBOs, agricultural/horticultural/forestry activity and/or agricultural land.

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

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.

Amendment 15 withdrawn.

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

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.

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

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.

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[The Lord Bishop of St Albans [V]]

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.

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

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.

[Lord Curry of Kirkharle (CB) [V]]

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.

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I am looking for a greater degree of comfort from the Minister than he gave me in Committee. Either he accepts my amendment or he agrees to bring in his own amendment, or we get a firm statement from him about the Shared Prosperity Fund. I am looking for a statement that there will be a clear rural component to this fund and that the Government as a whole recognise the very real social need to continually promote the wider rural economy outside the narrow confines of farming. This is not only to help our hard-pressed farmers survive on their farms but to alleviate some of the very real deprivation that exists in many parts of our countryside. I beg to move.

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

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.

[Lord Carrington (CB)]

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.

Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[Lord Naseby (Con) [V]]

My Lords, I pay tribute to my noble friend on the Front Bench and his team. My goodness he has shown patience beyond belief and reminds me of the problems I had when I was Deputy Speaker in the other place. I am essentially a practical man. I hope my noble friend will listen carefully to the speeches made by my noble friends Lord Trenchard and Lord Lilley, who raised some very relevant issues that we as a Government have to face.

I will only really address Amendment 270. I pay tribute to my noble friend Lady McIntosh for tabling it before she knew whether there would be a Trade and Agriculture Commission. As has been pointed out, the commission and her proposals are not identical, but they are not dissimilar. I welcome what the Government have done so far.

Should the commission’s recommendations always be binding? I think not. I have listened to all sorts of advisory boards over many years across two Houses. I thank them, but they never were all binding. They certainly ought to be listened to very carefully, but they must be challenged on occasion.

Should the commission be a permanent body? I think it should, but every time we have a permanent body it is absolutely vital that we review its performance. I have noticed that the traditional review period is about five years. A bit of a drift has been going on to move beyond five years. Five years is about the right length.

I am not a farmer, but the quandary for me is that people say that farmers are being undercut by substandard producers. That raises the question: what happens if the producers are not substandard?

I always take an interest in what I suppose in the farming world are minority areas. I have long been involved with trees. I declare an interest in that I have a very modest 40 acres of woodland, approved by the Forestry Commission on a 10-year plan. We currently have problems with ash importation and with oak, partly from importation and partly from indigenous problems. There is a continuing need in that area, which I think is covered by the Bill, to ensure that we support research and development, and control of imports to ensure that they are of a proper quality for our saplings.

Where is the incentive for our farmers to improve their products so as to reduce the trade deficit? That seems a vital area. I have not noticed a lot of discussion about that in the many hours we have listened to these debates.

I take an interest in two other areas. There is a huge opportunity in horticulture. It is a small industry in the UK compared with what it was 40 or 50 years ago, but we must have joined-up government. We have a situation where one of the key restrictions on development in horticulture is the cost of power. If you have glass, you need cheap energy. We are producing good, environmentally friendly energy and more green energy as a percentage of supply than we have ever done. Lo and behold, along comes Ofgem with a proposal to reduce the profit percentage of energy suppliers—to halve it, in fact. Where will the investment come from in green energy and in the pricing of the product to help the horticulture industry? Someone must have a close look at Ofgem and ask it to stop meddling.

Finally, as I have mentioned before, viticulture is a tiny embryonic industry, but I hope it warrants at least somebody in the relevant department keeping a watch on it. It is growing fast and is well disciplined, but is competing across the world against the continent, the US, New Zealand, Australia and South Africa, to mention a few places. It is a good industry, which employs people and uses land that was not particularly well used in the past. It is a very exciting opportunity.

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

I remind noble Lords of my Devon farming interests and note my American links. I join other noble Lords in thanking both Ministers and the many House and departmental staff for their efforts. I congratulate Minette Batters of the NFU and many others for their tireless work on these issues. Jamie Oliver has been a leading voice for high standards in our national diet; I thank him and his audience as well. But I remain unconvinced that protection of our national food standards is necessarily the right course. I invite the Committee to consider the unashamed promotion of our national food standards as an alternative.

It is now day seven of this Committee stage, and I am embarrassed to note that, in this wide-ranging agricultural debate, the Devon cream tea has yet to be mentioned. It is my ancestral duty to correct that and to remind your Lordships that it was my Saxon predecessor Ordwulf, alderman of Devon, who first recorded serving scones, cream and jam to the builders of Tavistock Abbey in 997 AD. As an aside, could the Minister confirm whether the Duchy of Cornwall is answerable to Parliament? If it is, Devon would be most grateful if the Minister could confirm whether the Duke of Cornwall has any more ancient records of serving the cream tea. If he does not, it might settle an important local debate, once and for all.

Why is this particular piece of peninsula politics relevant? When I left California with my family, seven years ago, we served cream tea to our friends using Devon clotted cream, which was abundantly stocked in the local Santa Monica deli. When we left London for Devon some two years later, we tried the same, but could not find Devon cream in London; it was all from Cornwall. I came to realise then that the brand value of Devon cream is stronger in America than in England.

Along similar lines, we recently saw Her Majesty’s grandson Peter Phillips gamely promoting Jersey milk to the Chinese, whose appetite for meat and dairy is set to rise exponentially over the coming decades. Consider also our traditional French nickname, les rosbifs, and recall the celebration of English beef by William Hogarth and Henry Fielding, who famously wrote:

“When mighty Roast Beef was the Englishman’s food,

It ennobled our veins and enriched our blood.

Our soldiers were brave and our courtiers were good

Oh! the Roast Beef of old England”.

We can combine this ancient heritage and global brand recognition with modern environmental science. Studies increasingly identify grass-fed meat and dairy, typical of our western counties, as offering a lower carbon footprint and higher environmental benefit than alternative confinement systems, which house livestock indoors, feeding them intensive arable crops, hormones and antibiotics. Nations around the world are beginning to set net-zero targets, following the UK’s bold lead. I note that Joe Biden recently targeted net zero for the United States by 2050, which will include carbon-neutral food and farming.

Rather than protecting our farmers from high-carbon low-welfare imports, as these amendments seek to, might we not consider placing all our efforts on promoting our low-carbon high-welfare exports and re-establishing British farming as a world leader? It is for this reason that I am concerned that the trade, food and farming standards commission could be a regressive step. I do not believe that the commission that has been agreed by the Government and launched today has nearly the mandate it needs to achieve what the industry and consumers want. The commission will report in six months with a series of recommendations, but it will have no real impact on the Government’s negotiating strategy and no binding say. It is transparently a way of kicking the agricultural standards issue into that very same long green grass on which we West Country farmers pride ourselves.

Finally, I note that the Government are conducting dual negotiations with both the EU and the US, whose experienced trade delegations have long been driven directly by their farming interests. In contrast, our trade negotiators are mere debutantes due to be ravaged by their weathered counterparts, without a farming chaperone to protect them. We are all aware of the strength of the agricultural lobby in the US. This fall, the midwestern farming states are due to reprise their enormously influential role in US national politics. Similarly, none can forget the scenes of French farmers shutting down Paris with manure, in defence of their interests. Farmers have a radical sway over politics across Europe. Here, conversely, farming interests are conservative and convivial, as is graphically illustrated by the genteel hereditary voices—included mine—that have been so vocal in this debate.

I worry that this Government are not fearful enough of our farmers. They may need to become so, if our rural interests are to be fully realised in the ongoing trade negotiations.

[Lord Judd (Lab) [V]]

My Lords, I originally put my name down to speak to Amendment 271, in the name of my noble friend Lord Grantchester. I am glad this is a cross-party amendment; that is very significant.

I make this observation as an old-timer: this has been a particularly significant debate. It has been powerful for revealing the great wealth of experience and wisdom available in this House—noble Lords speaking with real authority because they are absolutely involved in the issues we are discussing. That needs to be recognised. It is epitomised by the Minister and my noble friend Lord Grantchester, both of whom are rooted in farming communities.

I say to the Minister, again as an old-timer, that it is not often you see a Minister have such great respect and understanding across the House. This is enhanced by the way he listens and responds, and because of his authority, speaking from his background. It is one thing to have generated good will and respect in the House—that is to be treasured—but the real test of the Minister will be what he delivers in response to this debate. We may say that the quality of everything he has said is significant but then find that it had no effect whatever on the legislation that is put forward. The test will be the clout he brings to bear within the department and, significantly, with his fellow Ministers, who I am certain will not all be sympathetic.

In speaking to Amendment 271, it is important to recognise that it is not only by our arrangements on international relations and trade that we will be able to ensure the high standards and quality of our agriculture—and that is vital—but we have to look to our own laurels. Not everything is perfect in our own country; think of foot and mouth and factory farming. Both for animal welfare and, more importantly in some ways, for human health, these are experiences about which we must be very vigilant. In taking a tough line in our relationships with the outside world, which I am sure is right, we must redouble our efforts all the time in the standards we achieve in our own agriculture.