Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

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

My Lords, the Committee has already heard some powerful speeches. The more the Bill is discussed, the more respect I have for farmers who, in a time of uncertainty, have a future that is even more uncertain than the present. We do not know where ELMS is going; we have not discussed the Environment Bill. We are threatened with ELMS being run by the RPA, whose record we cannot respect hugely. Farmers are, therefore, in a difficult position. As the noble Earl, Lord Devon, said last week, the advice he has received is to stop all investment. That is a terrible situation to be in at this time. Our farmers should be investing but, in the uncertain world we are faced with, the right thing for them to do is sit on their hands. That is going to cause huge problems. I agree with noble Lords who have said that small farmers, particularly hill farmers, face the most problems and are most likely to fall by the wayside as the current situation continues.

I have put my name to Amendment 143, which would delay the process of implementing ELMS for another year. Given what has been said, there is nothing for me to add, except that I support the principle of all the amendments that have been spoken to. I hope that the Government will show some flexibility on these, because the current situation is untenable for quite a number of farmers.

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

My Lords, I will speak to Amendment 143, to which I have put my name. I too have very real concerns that Defra will simply not be ready for the transition period to begin in 2021 and that farming will suffer as a result. To provide the Government and farmers with sufficient time to prepare for transition, we should start it in 2022, rather than 2021. This way, we can ameliorate the transition chasm that I have discussed before. The House has spent four long days in Committee, debating many variations of ELMS, and has made its way through Clauses 1 and 2 of the 54-clause Bill. We hope to rush through the bulk of this legislation in another two days, under huge time pressure. Scrutiny cannot be sufficient in these circumstances and major aspects of this crucial legislation will be barely considered.

The Government have suggested that time is of the essence and that this Bill simply has to be passed so that the transition period can begin on 1 January 2021. They say that farmers will not be able to be paid if it does not. This is simply not true. It was easy for Parliament to extend direct payments to farmers for 2020; we can simply repeat that process. Given that the Government have confirmed that they will maintain the level of agricultural funding until the end of this Parliament, this will have no negative impact on the Treasury or on budgets. What it will do is permit Defra to prepare for ELMS in an orderly manner.

Despite the best efforts of its overstretched and underfunded staff, Defra is transparently far behind where it needs to be. The EFRA Committee took evidence on 16 June 2020 from Defra’s two leads: Tamara Finkelstein, its Permanent Secretary, and David Kennedy, the director-general of food, farming and biosecurity. I recommend the transcript of their evidence to all noble Lords, as it provides a valuable insight into its much-delayed progress. They admit to considerable delays in the tests and trials programme caused first by Brexit, which took many staff for emergency no-deal planning, and then by coronavirus, which meant that many key tests and trial programmes have not begun.

Defra is triaging. For example, it has confirmed that it has abandoned plans to build a new computer system to administer ELMS. Instead, it will be delivered using the current SITI Agri system, which is used by the RPA to administer BPS. Reading between the lines, it appears that tier 1 of ELMS is effectively going to be little more than BPS plus greening obligations by a new name, administered by the same team, using the exact same technology. I would appreciate the Minister’s confirmation of this.

On Thursday, the Minister helpfully confirmed that Defra would publish a multiannual financial assistance plan this autumn. Given the incredible delays disclosed by Defra, what details is it really able to provide? Will the Minister confirm whether, but for Brexit meaning Brexit, Defra would prefer to agree to this amendment and give itself longer to prepare for the transition?

I warmly support the amendments proposed by the noble Lord, Lord Carrington, which also relate to the transition chasm. However, I cannot support the amendment in the name of the noble Lord, Lord Teverson. ELMS is optional—the quicker the transition, the less uptake there will be and the worse the outcome for our environment.

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

My Lords, my interests are as recorded in the register. I fully support Amendment 144, in the name of my noble friend Lord Carrington, to which I was happy to attach my name. I am very concerned 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 said at Second Reading, this is fraught with risk. The delays caused by indecision on Brexit and then the impact of coronavirus mean that the ELMS pilots are just under way. Meaningful conclusions will take a couple of years or more to interpret. The design of the schemes, and the value of public goods that we hope will be delivered by this brave new model for supporting the management of the countryside, must be promoted to farmers and land managers with confidence. We need the evidence from the pilots and there is no slack in the timetable to experiment or for systems to fail and be rerun, which is why many of us are deeply concerned about the Government’s reluctance to change the current seven-year transition plan. At Second Reading, I suggested that the Government should be willing to extend the period to eight years.

Under the current plans, there will only be three years by the time the Bill becomes law to draw conclusions from the pilots and then launch the ELM scheme to the entire farming sector. Tens of thousands of family farmers are not prepared for the scale of the change that the Bill will introduce. It is the most fundamental change in support, and the greatest cultural change, that any farmer in Britain today has ever faced. At present, there is no way farmers can prepare for this change because, for obvious reasons, there is no information available on the basis of which they can begin to consider their future plans and make decisions.

This change in policy is a unique opportunity to facilitate restructuring of the sector, but this cannot be rushed. Every farmer needs to consider the impact of the change on their individual business. As a result of the scale of this challenge, it is inevitable that there will be a capacity problem. The quantum of qualified consultants who are trusted and able to provide 30,000 or 40,000 farmers with informed advice in good time to make considered decisions will be an enormous challenge. To ensure that the potential benefits which the ELM scheme can deliver, and which will hopefully be realised, will require careful consideration by each farmer and land manager.



If ELMS is launched in 2024 as planned, there will be a deluge of applications and the capacity of the RPA and Natural England to cope with the volume will be stretched to the limit. The possibility of every farmer who wishes to participate in the ELM scheme being able to do so in 2024 is unrealistic. For all these reasons, the Government need to think very carefully about the timetable. This amendment is designed to help smooth the impact. Limiting the dismantling of support from the BPS to a total reduction of 25% until the ELM scheme is available is a sensible approach.

I restate what I said at Second Reading: I reassure the Minister that I am enthusiastic about this bold change in policy and 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 are appropriately incentivised. It would be a disaster if such an important change in policy was rushed through and we failed to engage appropriately. I hope that the Minister will be able to reassure the House that the department will adopt the timetable proposed in this amendment. It would be very much appreciated by farmers and land managers and would ensure a greater chance of achieving the desired outcomes.

Very briefly, I have considerable sympathy with the purpose of Amendment 149 tabled by the noble Duke, the Duke of Wellington. Smaller livestock family farms, both in LFAs and in the lowlands, are the most vulnerable to these changes. They manage some of the most precious landscapes in Britain and are a crucial part of rural communities. The choice of taking a hard-nosed commercial approach, resulting in many being forced out of business, or a more sympathetic view that would require some special care and support to help those farming businesses adjust to change is a no-brainer, otherwise the impact could be disastrous. The Minister is aware that I chair the Prince’s Countryside Fund. We have supported over 1,000 such farmers through the Prince’s Farm Resilience Programme, with considerable success. It is essential that these crucial farming families are given appropriate support to ensure that they can adapt their businesses, not just to survive but to prosper in this brave new world.

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[Lord Gardiner of Kimble]

I cannot give my noble friend the precise date. I know noble Lords would like that announcement to be as soon as possible—I will take that away—but I am afraid I cannot give your Lordships a precise date. In fact, I do not know the precise date, but it will be in autumn. I am fully seized of the importance of that.

As to whether the delivery body is the RPA in the long term, I believe it is well placed. I cannot give a direct answer as to whether the RPA will in fact do all the ELM. I suspect it may, but that is obviously a matter we will consider.

[The Earl of Devon [V]]

My Lords, the noble Earl, Lord Caithness, beat me to it. I was going to ask for the date of the Autumn Statement and request that it occur before Report. I reiterate that there really is no point in us coming back to all these issues if the Government are about to issue a Statement that will add considerable clarity and amount to a multiannual financial assistance plan. Anything the Minister can do to get that Statement before Report would be appreciated.

[Lord Gardiner of Kimble]

I can say to the noble Earl and other noble Lords that I have the matter strongly in my mind.

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Moved by

[The Earl of Devon]

155: Clause 16, page 12, line 44, at end insert—
“( ) making provision for future contributions to existing rural socio-economic schemes;”Member’s explanatory statement
This amendment would safeguard the availability of financial provisions to continue the socio-economic programmes under Rural Development Programmes in the event of delays in the introduction of the UK Shared Prosperity Fund.

[The Earl of Devon [V]]

My Lords, I congratulate the Committee—we have made a lot of progress in the last few minutes. It is good to see that we are now up to Clause 16, focusing on support for rural development.

It is an honour to move Amendment 155. This is a simple amendment, supported by the CLA, which seeks to ensure that there is no gap in the support for rural socioeconomic schemes such as the Growth Programme and LEADER scheme, which are currently administered by the RDPE. They do so much to support the development of rural business through grants, training and the provision of advice. I have already noted my farming interests but, specific to this amendment, I should note that our rural heritage tourism business has applied for, and been granted, an RDPE grant—although, as far as I am aware, it will not be impacted by this amendment.

The work of the RDPE in assisting and administering rural development using European funds is key to maintaining the productivity and employment currently enjoyed by many otherwise struggling rural businesses. These are the businesses that, by current estimates, will suffer most from the economic catastrophe that is Covid-19 and the subsequent brutality of Brexit.

The role of the RDPE is due to be taken over by the UK shared prosperity fund, but we currently have no idea when that will take place. This amendment seeks simply to ensure that there is no gap between the winding up of the RDPE and access to the European funds and the establishment of the UK shared prosperity fund.

In a series of questions in this House on 21 May 2020, the noble Lord, Lord Greenhalgh, on behalf of the Ministry of Housing, Communities and Local Government, made it clear that, while the Government could give assurances about the UK shared prosperity fund, they could give no assurances whatever as to its timing—and so, we remain in the dark. Perhaps the Minister can shed some more light on when the UK shared prosperity fund will take effect.

Without this amendment, these key socioeconomic schemes may find themselves falling into that transition chasm, lost in the valley of the shadow of death. I beg to move.

[Lord Cameron of Dillington [V]]

My Lords, I want to speak to my Amendment 156. It tries to ensure that as many as possible farming families, who, to me, are the backbone of rural England, will be able to survive on their land through the various agricultural crises that will inevitably come their way over future decades. The first crisis is the dramatic changes introduced by this Bill.

Anyone who talks to farmers, tenants or owner-occupiers who are farming land that could probably not be described as prime agricultural land will know that, without the single farm payment, they currently have little chance of survival. They cannot survive solely on their agricultural production to produce the family income. All too often, the single farm payment provides more than 100% of their agricultural returns. As we all know, this will soon not be there anymore. Some farmers and their families branch out into other enterprises on their farm, involving tourism, leisure or local services such as contracting or some form of engineering. But mostly, these farming families—wives, sons, daughters and often even the farmer himself—depend on cash wages from local businesses, which allow the farming household to survive on the land. The whole survival of the farm and the family, or families, on it depends on the vitality of the wider rural economy around them.

It is important to remember that, throughout England as a whole, agriculture represents less than 5% of the rural economy. This dependency on outside jobs is particularly obvious on those farms, both lowland and upland, involved in livestock—mostly up and down the western side of England and, of course, in Wales and Northern Ireland. The further you get from urban centres, the more this applies.

What I am saying should not surprise anyone as this feature of rural living was one of the founding principles of the CAP with its two pillars: Pillar 1 supporting agriculture per se and Pillar 2 supporting rural development. The EU decision-makers knew that, to keep farmers on the land and prevent them leaving to join the urban unemployed, a variety of rural jobs would need to be available to both men and women near their farms. Returning to this country, and going back even further in history, it should be noted that, when Lloyd George started the Rural Development Commission before the First World War, he had exactly the same targets in mind. The RDC eventually became the Countryside Agency until it all got swept into Defra and then, of course, disappeared.

I am trying to give back to Defra a very small arrow in its quiver to continue the good work started so many years ago. It is not a new game but a tried-and-tested tool to help farming families stay on their land. I am also trying to give Defra a small reason to justify keeping “rural affairs” in its title.

I know that the Government will say that all this is going to be taken care of by the shared prosperity fund —as my noble friend Lord Devon has just said—but how and when will we know? Rural proofing is a concept that has lost its way recently, so what makes us think that the shared prosperity fund is going to break that mould? Can the Minister guarantee today that there will be a well-financed ring-fenced rural fund that will be an essential part of the shared prosperity fund?

If he can, that is all well and good but, even so, would it not be a good idea for Defra to have this rural development arrow in its quiver? Would it not be a good idea to hold on to the tried and tested way of helping farmers stay on the land, particularly as Defra already knows that a good percentage of farmers are going to struggle to survive under the new regime this Bill is putting in place?

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[Lord Gardiner of Kimble]

As I say, the purpose of trying to start with an outside-in approach is precisely to ensure that rural areas and farms are connected—very often the village is connected but the outlying farms are not. That is where we want to ensure, in working with this £5 billion and the £200 million rural gigabit connectivity programme, that these are absolutely geared to ensure that rural areas are not left behind. I am most grateful to my noble friend for raising the matter.

[The Earl of Devon [V]]

My Lords, I thank the Minister for his, as ever, courteous concluding remarks, and in particular his extensive comments on rural connectivity, which were enlightening. I am disappointed that we still lack detail on the UK shared prosperity fund and the Minister was unable to provide any enlightenment greater than what was given back in May. It has been a helpful debate and I am grateful to all noble Lords for their contribution on this key issue of rural development. I particularly acknowledge the tireless work of the noble Lord, Lord Cameron, on the subject of rural prosperity and the survival of farming households.

All noble Lords are well aware of the tremendous fragility of our rural economy and the many small rural businesses that are key local employers in areas of often desperate poverty and huge social deprivation. The noble Lords, Lord Holmes and Lord Clement-Jones, have done well to highlight the issues of rural connectivity as key issues that have been so graphically shown during the lockdown. Might the Government consider following the lead of Northern Ireland, which I understand has sought to implement rural connectivity by connecting the furthest and hardest-to-reach properties first and not last? I hope that we can revisit these issues on Report but until then, I beg leave to withdraw my amendment.

Amendment 155 withdrawn.

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[The Earl of Devon [V]]

My Lords, I am generally supportive of the amendments in the names of the noble Lord, Lord Whitty, and the noble Earl, Lord Dundee, and their desire to get younger farmers on to the land. This is crucial to improving diversity and productivity and is generally crucial to the health of the farming industry.

However, I oppose Clause 34 and the entirety of Schedule 3 standing part of the Bill. This is not because I think that agricultural tenancy reform is not much needed; rather, it is far too important an issue to be addressed in a simple schedule to this complex Bill. It must not be treated as an afterthought. In these constipated proceedings, we simply do not have time to do justice to agricultural tenancy reform. I have barely had the capacity to consider the provisions in Schedule 3; perhaps this proposal is aimed at sparing me and your Lordships the time of doing so.

I was horrified to learn that the average length of modern agricultural tenancy is just three years. This is the worst possible thing for the environment. For all our days of effort to define and incorporate a variety of public goods and worthy causes under Clause 1, probably the best thing we can do for the environment is simply adjust the term of agricultural tenancies from three years upwards towards 10. There is simply no way a farmer can commit the resources to maintain his or her natural capital, such as soils, hedges and trees, when he or she has only a three-year term and the bank that is financing the business needs to see a commercial return within that short timeframe.

I also keep in mind the excellent work of the Tenancy Reform Industry Group—TRIG—whose final report to Defra made wide-ranging and sweeping recommendations for agricultural tenancy reform. Schedule 3 is a wholly inadequate response to that. Many will say that we should take what we can by way of primary legislation in this area, as the chance does not come along too often. However, I would resist that and reiterate that this far too important an issue to be resolved by Schedule 3 alone.

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

My Lords, I will speak on Amendment 222 in my name; I thank the noble Lord, Lord Randall, for putting his name to it.

The community infrastructure levy, known as the CIL, was introduced in 2010—[Inaudible.]

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Although our Amendment 173 was drafted before the Lords report was published, I believe we are saying the same thing. It picks up on the themes of the Lords report and the Dimbleby report and sets out a series of steps that the Government must take to deliver the national food plan. I hope noble Lords will consider this proposal seriously and recognise the importance of linking agriculture and food production with our wider health and food security goals. I beg to move.

[The Earl of Devon [V]]

My Lords, I shall speak to Amendment 161 in my name. It is supported, I understand, by the noble Lord, Lord Cormack, to whom I am very grateful. This is a simpler version of Amendment 160, with which I find myself largely in agreement—I might have put my name to that had there been any space. The amendment seeks, as does Amendment 160, to ensure that the report to Parliament on food security occurs every three years, not every five years. As with multiannual financial assistance plans, I think it is important to delink the cycle from the political cycle; however, whereas I thought multiannual financial assistance plans should take place every seven years, I think the opposite should apply to the food security reports, and they should be provided to Parliament at least every three years. As we have seen recently, food security circumstances change very fast, and doubtless they will change faster in the future.

At Second Reading, I quoted the words of Dieter Helm, who was obviously a prophet in the area of the ELMS, but may have got things wrong with respect to food security. He suggested that

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

Coronavirus has clearly shown those words to be incorrect.

From January 2021 onwards, we will lose the relative support of the common market for food and will become subject to the vagaries of the global markets. Couple this with the impacts of global warming, droughts, floods and harvest failures, and the likelihood of food insecurity growing over the coming years will only increase. We should therefore not underestimate the importance of food security and the need to monitor it regularly.

Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is a pleasure to follow the noble Earl, Lord Caithness, and an even greater pleasure to hear a Conservative Peer—a hereditary one at that—speaking so eloquently about climate change, because this is a problem that the UK is not facing up to in a coherent way, so the more that we can do with this Bill, the better. It is not really a surprise that the concept of zero carbon is not in the Bill, because most of it was written before we signed up to that. It was drafted three years ago, and I regret that more redrafting was not done before it came before your Lordships’ House. The Government have had over a year since they put a commitment to net-zero carbon emissions by 2050 into law. I will be very forgiving with the Minister and suggest that they have just not got around to updating this legislation yet.

The amendments in the group, including my Amendment 274, seek to bring the Bill up to date with our net-zero carbon commitment and ensure that agriculture and land management play their proper role in achieving net zero. Agriculture plays a huge role in our carbon footprint and it will grow proportionally as other sources of emissions are reduced. It is therefore essential that the Government should set out a clear trajectory for agricultural emissions and a credible strategy to achieve that. Of course, we have to think about other parts of the economy as well. If we insist on carrying on flying as we did in the past pre coronavirus, other bits of the economy will have to do more to bring our emissions down to zero carbon—so there is that thought as well.

There are some differences between Amendments 272 and 274. Amendment 274 would require net-zero agriculture emissions by 2050, whereas Amendment 272 does not contain this net-zero requirement. Instead, it would require the Secretary of State to have “due regard” to Section 1 of the Climate Change Act. This would mean that agriculture would make some contribution towards the wider goal of net-zero emissions across the economy, but I believe that net zero is possible, and indeed achievable and desirable, for agriculture, and I urge noble Lords to aim to include the amendment in the Bill on Report.

I turn now to the Minister. I have a few things to which I hope that he or she—I cannot see who it is—can give a response. Does the Minister think that net-zero carbon emissions in agriculture is actually achievable by 2050, and what about the important role that setting this out in law will play at stimulating innovation and investment in the right things? Will the Minister undertake to work with noble Lords from across the House to update the Bill by Report stage to reflect the big change in net-zero legislation that occurred last year after the Bill was first drafted? I look forward to the Minister’s response.

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

My Lords, we spent the first three days of this debate discussing the baubles that were to adorn the Christmas tree under Clause 1 on ELMS. We are now somewhat getting to the meat of the matter and considering, in my view, the Christmas tree itself. But I am concerned that if this Christmas tree Bill is allowed to pass into law in the manner in which it is currently drafted, it may well wither and die before any of those ELMS baubles can be appreciated. The reason for that—I raised this issue at Second Reading—is the transition gap, or perhaps more pertinently, the transition chasm across which many farms may not make it in the years between 2021 and 2028, when ELMS are due to come into effect.

The noble Baroness, Lady Young, spoke about the “cataclysmic changes” that will occur to farming as a result of this legislation, and I do not think that she is overstating the position. As a result of this legislation, we will see over the coming years a dramatic decrease in the basic payments that farmers receive. At some point, those payments will be replaced by a series of payments under ELMS, but, as we are well aware after three days of interesting but very varied and somewhat random debate, the details of the scheme are years away from completion, and farmers simply do not know what will replace the essential income that they currently receive. My real concern is that this will have a dramatic effect on the environmental impact and environmental outcomes of farming. This is based on personal experience as well as discussions with the NFU and others, and it stems from a number of different angles.

For a number of farmers, the loss of the BPS will be fatal to their businesses, and those businesses will go out of business. The result will be that land will either fall fallow and therefore deteriorate—the environmental impact of that is considerably negative—or it will be sold to a more commercial neighbouring farmer who will be able to increase productivity and thus increase environmental degradation. Other considerations are that those farmers who are able to survive the transition chasm will do so only by tightening their belts. From a personal perspective, I have been advised not to invest heavily in capital projects at this time; why invest in something now for which you might well be paid by ELMS later? The conversations that I have had with agricultural and environmental advisers along the same lines conclude exactly the same thing: they are advising all their clients to hold off making any major productivity and environmental investments at this time because we simply do not know what is going to happen and we may be paid for these things at some point in the future. The net result of that will be a catastrophic drop-off in environmental gains.

My amendment is a very simple one that I recommend to noble Lords as a somewhat shorter amendment than Amendments 272 and 274, although I believe that it is targeted at the same thing. It asks that the Secretary of State should confirm that the implementation of this legislation will not negatively impact our progress towards net zero by 2050. The amendment is worded in that way for a specific reason. It is not that it will stop us achieving net zero by 2050; it is that, during the time between 2021 and 2028, our progress towards those goals will not be negatively impacted; that is, we will not go backwards.

The next five, six or seven years are absolutely crucial if we are to have any hope of reaching the monumental target of net zero, but introducing a system that simply forces us to take backward steps is not, I believe, appropriate. My amendment was inspired by the decision of R v Secretary of State for Transport with respect to the Heathrow runway. It seems that Parliament should not be passing legislation that is contrary to those net-zero targets and we should not be passing legislation until we have satisfied ourselves that this will not have a negative environmental impact.

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[Baroness Bloomfield of Hinton Waldrist]

I agree with everything the noble Baroness has said about healthy land meaning healthy food. The Bill is designed to do all that we can to encourage farmers to produce healthy land. We do not have a sector-specific target for agriculture because the Committee on Climate Change advised that emissions reductions would be needed in all sectors. We know that to achieve net zero more is needed from this sector, and we are looking to reduce agricultural emissions controlled directly within the farm boundary with a broad range of cost-effective measures, primarily through improvements in on-farm efficiency and land use change.

[The Earl of Devon [V]]

My Lords, I am sorry to return to this point—I am being forced to become something of an environmental campaigner. I have a simple question which has not yet been answered. Are the Government satisfied that the agricultural transition will not slow or reverse our progress towards net zero in 2050?

[Baroness Bloomfield of Hinton Waldrist]

I can confirm that we are absolutely confident that we are doing everything in legislation and encouragement in order to achieve that end.

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[The Earl of Devon [V]]

My Lords, I echo the words of the noble Baroness, Lady Rock. I will speak to Amendments 131 and 133 in my name. I am grateful for the support of the noble Lord, Lord Cameron, on Amendment 131.

This turns again to the transition period—or transition chasm, as I described it earlier. Farmers are used to dealing with bad weather, but the thick fog that lies over the chasm is very foreboding. As I suggested earlier, the uncertainty is a major drag on investment and productivity in farming. Certainty and clarity are needed. My amendments seek merely to improve the clarity and certainty under the very welcome multiannual financial assistance plans.

Amendment 131 seeks more certainty by requiring plans to last seven years instead of five, permitting a greater length of commitment and avoiding the unfortunate coincidence with the election cycle. Agriculture and politics do not mix. To use a term popular in this Bill, we need to de-link them. I also note that seven years seems to be okay for the first multiannual financial assistance plan. Can the Minister state why it is not okay for the rest?

Amendment 133 merely seeks some clarity. At present a multiannual financial assistance plan is due to be laid before Parliament by 31 December of this year and will come into force the following day. That makes no sense—I do not wish to spend New Year’s Eve poring over a multiannual financial assistance plan. Parliament should have at least two months in which to review it. I suspect that farmers may want a bit more advance notice as well.

[Lord Lucas [V]]

My Lords, I will speak to Amendment 132 in my name. These plans are the fundamental basis for planning farming in this country. It is really not acceptable that the Government should be allowed to let a plan almost expire and then introduce a new one. How does that allow farmers to plan properly? I know that they will not get it under these circumstances, in the first iteration, but thereafter they deserve two years’ notice of changes that will be made between one plan and the next.

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[The Deputy Chairman of Committees]

My Lords, I have received requests to speak after the Minister from the noble Earl, Lord Devon, and the noble Lord, Lord Lucas. I remind noble Lords that these should be brief interventions.

[The Earl of Devon [V]]

My Lords, I am sorry for keeping us late. I note that I can hear the combine rolling outside my window—today is the first day of combining. The farmers are still working late, so I am sure that noble Lords will not mind working a little late too. I thank the Minister for confirming that the multiannual financial assistance plan will be published in early autumn this year. Does that mean that the Government agree to Amendment 133?

Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

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

My Lords, I declare my own business interest in farming as already detailed in the register. In this group, I support Amendments 35, 36, 60, 69 and 71. All of them emphasise growing healthy and nutritious food. That also means growing and offering a rather better selection of food than we now do. Therefore, I am also in favour of Amendment 47 in the name of the noble Baroness, Lady Bennett of Manor Castle, which advocates a shift in direction to achieve improved diets—still containing, but much less dominated by, animal products. I also support the amendment of the noble Lord, Lord Greaves, which urges more food production in urban areas.

Amendment 63 in my name would encourage urban and peri-urban growing enterprises to provide fresh local produce close to the market where it is required. I hope that my noble friend the Minister agrees that the Secretary of State might provide incentives accordingly. During the coronavirus pandemic, we have witnessed the importance of food security and local supply chains delivering food to where it is needed. Farming endeavours within conurbations can have an immediate and beneficial impact on supply chains, responding accurately to local demands. This contrasts with large supermarket chains sourcing goods from overseas and adding to the carbon footprint of such produce through transport costs.

Small-scale intensive food production uses little space yet reveals a high yield per acre as well-evidenced in the Netherlands. Those examples are particularly suited to towns and cities where ground is in short supply. Green-belt areas could also be freed up for such endeavours. They would also offer quality outdoor employment for people in urban environments.

Some of these projects might fulfil a social purpose too: for instance, city farms to educate children about animals and agriculture; and allotments, to which the noble Lord, Lord Greaves, has already referred, which can teach people about food production at the same time as allowing and encouraging them to grow their own food. Not least, they also enable more green areas in cities for the benefit of those living there.

[The Earl of Devon [V]]

My Lords, I will endeavour to be brief: we have an awful lot to get through. I am grateful to see Clause 1(4) in the Bill. It was remarkable that, in its early iterations, a Bill about agriculture had no specific reference to the provision of food. My Amendment 71 would merely improve upon that provision of food by the specification that it should be both “healthy and nutritious”.

I am grateful for the support of the noble Baronesses, Lady Bakewell and Lady Bennett, on this amendment. I understand that all the amendments in this group are directed to a very similar goal. There is clearly strong support across the Committee for making sure that the food whose production we are encouraging is healthy and nutritious, and not the sort of food that causes ill-health, obesity and so many other issues that are being brought into full focus with the onslaught of coronavirus. At this time, of all times, it has become clear that the health and well-being of our nation are a result of the healthiness and nutrition of the food that we eat. This is therefore not just about agriculture; it goes to a much wider issue.

Some may say that the health and nutrition of the food could be secured by the fact that the clause provides that it must be environmentally sustainable. Of course, the two things are vastly different. It is perfectly possible to produce food in an environmentally sustainable way and it not be healthy and nutritious. There has been much talk over recent days of insect farming and novel agritech. You could certainly see insect farming as a very environmentally sustainable means of farming. It is the feeding of waste product, typically to insect larvae, which are then mashed up for their protein. That is the production of food in a very environmentally sustainable way, but I am not sure that it is either healthy or nutritious food, albeit it has an important role to play in the feeding of fish, for example, and other larger animals.

Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

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

My Lords, I have a few swift comments on Amendments 12, 13, 32 and 43, noting my interests as stated on Tuesday.

The focus on education in Amendment 12 is key. One issue that has been made transparent by this debate, which was raised on Tuesday by the noble Lord, Lord Randall, is the lack of diversity among those involved in farming and food production. I may not be the appropriate person to discuss this, as the noble Lord, Lord Mann, identified on Tuesday; my family has farmed the same plot of Devon soil for over 700 years. We are not a great example of diversity. However, I note that over three days of debate in your Lordships’ House, the Members debating have had a considerably monochrome appearance; it is surprising that our food and farming debate itself lacks diversity.

I draw notice to the work of Wilfred Emmanuel-Jones, known as “the black farmer”, who is very keen to encourage more urban interest in farming, and Michael Morpurgo and his wonderful charity Farms for City Children, which does very much the same. I also echo the support for county farms and the way they bring atypical farmers on to the land, because that is an important task.

On Amendment 32, on agritech, I note my interests as an IP lawyer for a law firm representing a number of exciting agritech start-up businesses. We are seeing all sorts of businesses in the fields of insect protein, urban and vertical farming, and robotics. This is an area in which our country could lead the world. However, I question whether these are public goods. There is a huge amount of investment in these areas and they are increasing our productivity dramatically, but all that has a commercial imperative. While I have read Professor Dieter Helm’s book on public goods, I struggle with the economic concept and the exact definition of what a public good is; as I understand it, IP technology is not necessarily a public good. Could the Minister comment on that and the role of technology in agriculture? Do the Government really think that it is a public good?

I am keen to support the food procurement amendments. We should recognise the work of the Great South West LEP and the launch, just this week, of the South West Food Hub, which is focusing on the provision of local food to local consumers. What is distinctive about the programme is that it is working hand in hand with the Crown Commercial Service, which provides food to all the public bodies—schools, hospitals, prisons and the military. I do not know whether we need to focus on this under ELMS because the Government, through the Crown Commercial Service, already have the power to commission and procure food from local sources. We should encourage the Government to do that more, because local food is traceable and identifiable. If people know where their food is grown, they can be educated about the source and nature of it.

[Lord Marlesford (Con) [V]]

My Lords, I repeat the declaration of interests that I made on Tuesday. Many things have been said on this wide-ranging collection of amendments; I will focus briefly on just a few of them.

I echo what the noble Lord, Lord Greaves, said, about the intrinsically unsatisfactory nature of discussing a Bill in Committee in this form. I know it cannot be avoided, but it falls far short of the great advantages of proper extempore interventions in the Chamber.

I very much support my noble friend Lady Rock on the subject of diversification, which is crucial to the future of the rural economy. I referred to this on Tuesday and I will refer to it later on, under a more suitable amendment.

Today, I will talk only about the question of an extension of education: getting people to understand where food comes from and the need for people to visit the countryside as much as possible when they do not live there. I want to talk about local food from local areas, locally supplied.

I live in East Anglia, which is, in effect, one of the larders of England; a lot of food is produced and consumed there. We have had a great advocate over the years in Lady Caroline Cranbrook, who has continuously promoted the cause of local food and local farm shops. One interesting thing is that Covid has proved to us the life-saving nature of local shops. When other sources of food were difficult, and there were great big queues and shortages in the supermarkets, local shops and pubs stepped in and provided local food. That was hugely important. We should emphasise the need to encourage local shops and local food outlets, which is of course a way in which farmers themselves can add value to their product.

I will also say a word about food fairs. They have the great advantage of bringing the producer and the consumer face to face, which again helps in the education of where food comes from, what it ought to taste like and how it is produced, and it encourages people’s desire to have local food from this country.

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[Lord Lucas [V]]

My Lords, I look forward to the Minister’s reply on Amendment 19. Our ability to repair the landscape is obviously crucial to getting our South Downs back in order. Kew is immensely helpful in this regard with its seed bank, which gives us some species we have long lost. We have to play an active part in getting our countryside back and not just wait for it to happen gradually over the next few centuries.

As for wider rewilding, yes, Knepp is wonderful—I have been there—but it requires fences. If you fence an area and you want nature taking care of itself, with very light-touch management, you need large herbivores and top predators. Otherwise, as in Knepp, we have to be the top predator. So, we have to accept our role in rewilding—we are the top predator. We have a role to play in a rewilded landscape. If you try to do it without boundaries, the herbivores leak; I do not think Knepp’s neighbours would be much pleased if all the Tamworth pigs started straying across their wheat crops. It is a concept that takes some very careful working out. We ought to learn the lessons of the rebellion in Wales, when the rewilding attempt failed. I encourage the Government to look in this direction, but with a good deal of scepticism.

[The Earl of Devon [V]]

My Lords, I echo the words of the noble Lord, Lord Lucas. First, I would like to address the reintroduction of native species. Down in Devon, we have seen the relatively successful and very interesting reintroduction of beavers—ironically, in the River Otter. That has had some success but also some major challenges, not least for landowners, whose land gets flooded unexpectedly, requiring the proactive management of those beavers and moving them on.

Discussion is increasing around the reintroduction of pine martens as a means of controlling the grey squirrel population, although it is pointed out that grey squirrels live in urban centres where pine martens do not, so it would be very difficult to control grey squirrels that way. In the wilds of Scotland—the Glenfeshie Estate—the reintroduction of large herbivores is being considered. I was at a talk given recently by the brother of the noble Lord, Lord Goldsmith, the Minister, who made reference to the reintroduction of wildcats to Dartmoor. I have resisted the urge to stray into the Dartmoor Hill ponies area, since they are so ably represented by a number of noble Lords. However, I would resist the reintroduction of wildcats to Dartmoor, if only for the dear Dartmoor pony’s sake.

Rewilding is a very complicated issue. I congratulate the Knepp Estate on its huge enthusiasm and the interesting research it is doing, but nature does not take care of itself in this landscape. We have created this landscape, we are responsible for it and we cannot divorce ourselves from that responsibility.

Rewilding is not a new concept. Three hundred years ago, the landscape around me was heavily farmed and ornately gardened. About 270 years ago, it was rewilded with the creation of a deer park, which exists to this day. That is a form of rewilding, creating a primordial, idyllic landscape with deer grazing under trees and eating conkers and acorns. It is, I agree, a fantastic landscape with remarkable biodiversity and it provides a healthy harvest of venison, but it is not profitable. It is heavily subsidised by HLS and ELS, and even then, it is not profitable. The only way we make it break even is with a series of concerts, which were so ably promoted on Tuesday by the noble Lord, Lord Mann.

Rewilding does not necessarily create a profitable and vibrant landscape, and we need to be very cautious in imagining it does. However, there are areas of the country that may benefit from it—I am thinking of marginal areas that are not profitable farmland but that should not be allowed to go completely to wilderness. They could be rewilded, but only if it can be done on a landscape scale, creating landscape-scale environmental corridors and providing remarkable benefits for all in joining up environmental and species habitats.

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

My Lords, Members of the House will probably know of my interest in this Bill through my family business, as listed in the register.

Noble Lords may also know that the noble Lord, Lord Greaves, was a sparring partner when I was a Minister in Defra and, of course, a former comrade in arms when we were in opposition together. His rhetoric always encourages me to speak, but I must challenge some of his assumptions. His view of landscape and local nature, as defined in these amendments, is principally retrospective, and I am not sure I can agree with this approach. The contribution of other noble Lords has raised similar doubts.

I do not disagree with the noble Lord’s view, as Amendment 19 proposes, that the reintroduction of native species can be laudable, but he rightly uses the word, “appropriate”. That judgment is much harder to make if its purpose is to re-create a sustainable wildlife and ecology in changed landscape scenarios. Undoubtedly, landscape and ecology in relation to place are of the essence, but this is not static, and nor is man’s interaction with it.

Perhaps, I can illustrate this. Much has been done to address the need for natural ecology even in the fens, an area of the most intensive cultivation and agricultural and horticultural production. That landscape is my home. It is a consequence of human intervention: almost perfectly flat and an acquired taste. It is none the less an important centre of commercial production; pastoral, it is not. But every aspect of that landscape—the rivers, dykes, banks, fields, roads and droves—are man-made. Some of the best-known reserves of natural habitat are situated in the Vermuyden washlands; our legacy is a consequence of the 17th-century adventurers who created them. Turning the clock back in such a situation is not an alternative.

Some noble Lords familiar with the east coast main line will see, south of Peterborough, a project stretching through the Fens, as far as Wicken Fen near Ely, to re-establish a fenland ecology. This can be achieved only by a recreative process just as complex as the original drainage itself. Meanwhile, the on-farm projects which the Bill encourages are equally studied and managed. These illustrations are not rewilding but deliberated. I support this process and I hope that my noble friend the Minister will be able to say that this is exactly what the Bill recognises in Clause 1(1)(c).

Agriculture Bill

Earl of Devon Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[The Earl of Dundee [V]]

Thank you. I will resume at the point where I was cut off.

In itself, Clause 1 is evidence of an impressive vision. The Government are committed to preserving the natural environment, thus competent environmental land management can become a clear aim for farmers, who are properly rewarded if they achieve this.

Nevertheless, so far, in other respects the Bill is less clear. What are the Government’s plans for sustainable food production? Post Brexit will they develop new and even higher standards than those of the EU, or instead set aside land for afforestation, public access and wildlife conservation, while leaving agriculture to market forces, as do the United States and Brazil?

Among those options, and although unstated, no doubt the Government would prefer that which combines high standards for environmental land management with those for sustainable food production. Yet, if so, how can these two objectives best be realised? British farmers also perform and compete against cheap imports from the United States, and those from EU states pay a high level of agricultural subsidies.

Perhaps some of the answer, beginning at home, lies in how, in order to further these twin objectives, the Government might better prioritise and adjust existing incentives within the Bill. For if that adjustment is made now in the first place, there will be a greater chance through time and against external market forces. Much of those current joint aims for the United Kingdom of good environmental land management and sustainable food production can be attained.

Section 1 details 10 purposes eligible for financial assistance, and it is certainly right that funding should be provided for each of them if carried out by a farm. Yet where multiple purposes are addressed, the Bill could now be amended so that a financial bonus would apply. For example, if a farm accomplishes fewer than four of the purposes, it simply receives funding for each of them. However, if instead the farm were to carry out more than four purposes, such as five or six of them, it could receive a bonus grant for achieving that level of multiple purposes. There could be a further multiple purpose supplementary payment if seven or eight of them had been carried out, then a further and final one for achieving 10 purposes. For what we want to achieve is that farms should receive supplementary funding for carrying out many or even all the purposes. That is because doing so puts them at a commercial disadvantage to other farms, which might adopt only a few of the purposes—hence the connection between Amendments 1 and 74.

Amendment 1, as a probing expedient, seeks to illustrate that, while the Government’s vision to encourage both good environmental management and sustained food production together is much to be welcomed, nevertheless, the effect of their plans for delivering financial incentives is uncertain in two respects. The first is as a result of the challenge to UK food production from a combination of cheap imports from the United States and from the highly subsidised agricultural products from the European Union states. Secondly, and as already outlined, it is owing to the risk in the first place of an inadequate response to incentives arising from an inconsistent and anomalous delivery to recipient United Kingdom farms, whereby those best at multiple purposes are still insufficiently recompensed within the Bill as it is.

Amendment 74 offers a partial solution through a detailed bonus scheme, as already outlined, whereby farms carrying out multiple purposes would come to be rewarded better and in a fairer way than they are at present within the Bill. Through time, and in spite of international market competition, that would in turn also increase the likelihood that within the United Kingdom the Government could achieve more of the joint aims themselves of good environmental management and sustained food production.

Amendment 45, the third in my name in this grouping, seeks to encourage the purchase of domestically produced animal feed with the intention of reducing carbon emissions from imported feed. Considering the United Kingdom’s agricultural capacity relative to its population, it would be unrealistic to restrict imported animal feed too much. However, these imports have three major disadvantages. First, they undermine the United Kingdom’s food security; secondly, there is the carbon footprint arising from their production and transport; and, thirdly, there is the environmental damage which in the first place their cultivation causes in certain countries, notably soybeans in Brazil and Argentina. Efforts should thus be made to augment the supply of home-grown animal feed. At the same time, United Kingdom importers ought to be encouraged to buy feed from countries demonstrating similar environmental standards to those of the United Kingdom, with the process perhaps guided by international certification bodies. Hence, bearing in mind the Bill’s focus on environmental land management, this amendment on animal feeds simply calls for improved consistency of standards between what the United Kingdom imports and what it produces domestically.

[Earl of Devon (CB)]

My Lords, I echo the words of the noble Baroness, Lady McIntosh, in congratulating the Minister and so many other noble Lords on marshalling such a remarkable number of amendments. In fact, there are so many amendments that it somewhat gives the game away that the Bill means so much to so many people. In the words of the noble Baroness, Lady Jones, it is something of a dog’s dinner. I would not be so disparaging, but I would also say that it is more than a single dinner—it seems to be everything the dog has eaten for an awfully long time.

The first four of my amendments in this group relate to the deletion of the word “water” in the provisions of Clause 1. That is because I believe this is the Agriculture Bill, not the aquaculture Bill, the Fisheries Bill, the Environment Bill or the water resources Bill. As drafted—as I understand it, there is no limitation to the definition of water—it could spread the impact of the Bill very far and wide. In proposing a number of amendments, I seek to focus the Bill on agriculture and to not let its very positive environmental aims spread too far beyond those reasonable limits. If the Minister were able to provide some clarity in concluding, it would help us to know what water this applies to.

Noble Lords should know that, as well as a farmer, I am also a holder of intertidal habitat and foreshore rights, and it is interesting to me whether the provisions of the Bill and of ELMS will be able to extend to intertidal habitat. As I understand it, intertidal habitat has enormous potential for carbon sequestration and other very positive aspects, but it is not clear whether the Bill as drafted goes to that area between high and low tide, which is obviously such an important area around the coast of Devon.

Amendment 21 also seeks to remove reference to livestock from Clause 1(1)(d). This is merely so that it conforms to the other paragraphs. It is not clear why livestock should be included in managing land, water or livestock in a way that mitigates climate change, when it is not included in managing land or water in a way that protects the environment. It is very unclear as to why livestock should appear specifically in Clause 1(1)(d) when it does not appear in (a), (c) and (e). I note the points that the noble Baroness, Lady McIntosh, made around reservoirs, but farmers are not water managers. They use water, and I very much agree that the environmental aim should be to prevent what they do on their land having an adverse impact on water—but they are not by definition water managers, and we should recognise that.

To continue with the water theme, I propose Amendment 91, which adds the term “wetlands” to “uplands” in the definition of cultural or natural heritage. There is lots of important focus on uplands, because they are such an important part of our natural environment. However, I do not want your Lordships’ focus to depart wholly from wetlands, which are equally important to our biodiversity. They are equally marginal in many respects as a form of agricultural land, and are equally important culturally. I took the train this morning through the Somerset Levels, and we all remember the terrible floods they suffered a number of years ago. The focus should not be just on uplands. The other point about wetlands is that, given their often low-lying presence near the mouths of estuaries and rivers, they are often very proximate to large urban settlements. The interface between a large urban population and a rural, ecologically sensitive landscape is very important; it is an important part of ELMS and it should be focused upon.

The final amendment in this group, which I am proud to propose, is Amendment 236, which is supported by the Greener UK group. It seeks to add some teeth to the enforcement of the environmental provisions. As they currently exist under European regulations, good agricultural and environmental condition requirements cover the management of soils. This is in the cross-compliance provisions of the current European legislation. That will be lost from January 2021, and it is not clear that there will be adequate enforcement of the maintenance of the quality and nature of soil going forward.

The amendment adds to the agricultural diffuse pollution regulations and provides the Environment Agency with some teeth in forcing farmers to maintain the quality of soil. Soil is obviously all-important to the management of our agricultural land. Over this past winter we have seen how soil runs off in heavy rain, but how, if you have good organic matter in your soil, in a very dry spring such as the one we have just had you can retain some moisture. It enhances the resilience of our agriculture, and as climate change takes effect, that is absolutely key to our agriculture. Those are the amendments I wish to speak to now.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

My Lords, I have received requests from a number of noble Lords to speak after the Minister: the noble Earl, Lord Devon, and the noble Lords, Lord Bruce and Lord Teverson. I call the noble Earl, Lord Devon.

[Earl of Devon]

My Lords, I apologise for keeping us a little longer on this group of amendments, but I would not do so were it not for a very important issue. I refer to Amendment 236 in my name relating to soils. In August 2019, Defra stated explicitly

“we will not allow environmental standards to decrease when we leave the EU.”

If I understand the Minister correctly, he is saying that the GAEC standards I referenced, particularly standards 4 and 5 on maintaining minimum soil coverage, will not be replicated in domestic legislation—those standards will be lost and standards will decrease. Could he clarify that point?

--- Later in debate ---

[Baroness Jones of Moulsecoomb [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Grey-Thompson. I was also excluded from the Second Reading by virtue of being a surplus Peer when we were not able to get all of us into our virtual Chamber. I am sure that that was in the early days of remote working and could not possibly happen again on any future big Bills.

I have signed three amendments in this group—Amendments 65, 103 and 106—which are all in the name of the noble Baroness, Lady McIntosh of Pickering. Clause 2 could be greatly improved so that the legislation and the resulting funding schemes reflect the scale of ambition that the Government are laying out. Amendment 103 would better target financial support to specific environmental and social outcomes. The conditions would help focus schemes around specific purposes, rather than leaving so much room for ministerial discretion. I know the Minister will soothingly reassure us about why this is all better left to ministerial discretion, but your Lordships’ House may favour the greater wisdom contained in our greater numbers. That is what I am hoping, anyway.

The other probing amendments in this group are about ensuring funding is directed to the most effective places to achieve the aims of the Bill. Funding must be available for a wide range of land managers, so that whatever are the most environmentally and socially beneficial activities can be encouraged. That said, it is worth probing the Minister on how the Government will ensure that that will be the case so that money is not put into the wrong hands. We must remember that these are large sums of money, so we must target them well and be able to explain who is eligible for public funds and why.

Some noble Lords have taken the opportunity to lobby for a return to the new normal of us all returning to the Chamber. I would just like to point out that many of us like remote working. We do not want to risk disease and death. We have to remember that coronavirus is likely to be part of the normal for the next few months and possibly years, so let us take advantage of the fact that we can be a hybrid House, unlike the House at the other end of the building.

[The Earl of Devon]

The amendments I have tabled in this group largely go to the same issue which the noble Baronesses, Lady McIntosh and Lady Jones, have touched on, which is who is to receive payments under the ELMS and for what specific land they are to receive them. Noble Lords will see that I have suggested that it should be agricultural land. As I said previously, this is the Agriculture Bill. I would hate these payments to go to highways, Heathrow or Hyde Park. As the Bill is currently drafted, it strikes me that environmental land management in all those non-agricultural spaces would qualify. For that reason, Amendments 3, 15, 20, 23 and 30 focus the Bill and Clause 1 specifically on agricultural land.

In Amendment 85, I have lifted the definition of agricultural land from the current rules for the BPS. However, I added to that definition “common land” because, under the current rules, there is some uncertainty around whether common land, which is often found in uplands which we have discussed a great deal today, qualifies, as the right to claim BPS for common land is quite opaque. I would appreciate it if, in summing up, the Minister could address how common land will be treated under ELMS, because a major concern for common rights holders on Dartmoor and elsewhere is whether they will qualify and how.

Amendment 64 suggests that ELMS payments should be directed to farmers and those who are active in the management of agricultural land. This amendment and its wording find favour with the NFU and is therefore strongly supported by the agricultural and farming community. It allows us to determine exactly who should be the recipients. As the noble Baroness, Lady Jones, said, we do not want the money to be given to people who are not engaged in agricultural practices.

--- Later in debate ---

[Lord Judd [V]]

My Lords, the noble Lord, Lord Addington, is to be congratulated on this group of amendments. They are vital, and I am very glad to be associated with Amendment 111. I would have been associated with more if there had been spaces when I came to put my name down.

In our modern society—urbanised, digitalised, impersonal—it is serious for the whole future of humanity that so many people have totally lost contact with the countryside. Whether it be about the inspiration, an uplifting experience, or the spiritual or physical enhancement of being there, enjoying it and being active within the countryside, it is just not a reality for many people. We have a major challenge to put this right. It seems that all of us who have engagement with the countryside have a big responsibility for it—whether the land be in private ownership, public ownership, national parks or whatever—to make sure that people are re-engaging with what is, of course, in the end, fundamental to the well-being of society and to people’s own well-being in terms of food and the rest.

There has been too much surreptitious—sometimes quite sinister—cutting off of access to the countryside. We should take this very seriously indeed. It is wrong and it is very dangerous in terms of what I have just been saying. For these reasons and many others, these amendments are crucially important and I am very glad to be able to support them.

[The Earl of Devon]

My Lords, I am amazed to hear that there were 11 days in Committee for the then CROW Bill and we have four for this much larger and more extensive Bill. It is amazing how things have changed.

I have been steward of the family farm for only a few years. During that time, I have experienced a number of issues with public access. We have had IRA bombs hidden in the woods; we have had oysters stolen; I have seen lambs mauled by dogs; I have seen sheep bludgeoned to death with baseball bats. We have chestnut blight throughout our woods spread by spores, which are carried on feet, and asbestos fly-tipped in ancient forests. I have just restored the belvedere tower that was burnt down by vandals more than 50 years ago. Public access to the countryside is quite sobering and your Lordships might be surprised that I am very supportive of it. It really needs to be managed, because it has incredibly dangerous and negative implications if it is not handled well.

It requires more than 45 minutes of this debate to really do justice to the issues but, as I see it, access is principally about education in what the countryside is about, how it works and how it is managed. I am encouraged that some of these amendments really focus on that. They focus on education on the countryside and what farming is about. Farming is about life and death, uncomfortable decisions and balancing the well-being of animals with the well-being of humans. The more that ELMS can be used to encourage responsible, sustainable and resilient access to the countryside for the benefit of people’s health and well-being, the better for all of us and, particularly, the better for land managers, whose management of the land suddenly becomes relevant to a much wider swathe of the population.

I am pleased with the positive reaction to the suggestion that health and well-being benefits are the purpose of access. Can the Minister comment and think about how we are funding this access, and whether it is just ELMS or whether we could perhaps look to the national health budget to provide additional financial support if we are doing so much good for people’s health and well-being, particularly their mental well-being? Perhaps some of the health budget can be directed towards land management for the benefit of public access.

We really need to think very firmly about biosecurity. I mentioned the chestnut blight, but there are so many diseases that are rampant in our countryside. Farmers do not exclude people from the countryside just because they do not want them there: they often exclude them because it is very damaging to have people all over the countryside, particularly in sensitive areas where one is dealing with disease and pestilence that is really ravaging so much of our native flora and fauna.

There is also physical security. Many in rural areas live in isolated houses; free access to the countryside can cause all sorts of issues with rural crime, fly-tipping and health and safety. Who pays when someone trips and falls? How does insurance cover that? All these things need to be worked through if we are to encourage more access to the countryside, as I hope we will be able to do.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, I support the general aim of Clause 1 to move to a system of public payments for public good, and putting in the Bill a list of purposes for which assistance could be provided. Amendments 6 and 9 in the name of the noble Lord, Lord Addington, add to this clause that measures which would ensure enhanced public access to the countryside can qualify for financial assistance. This is welcome and necessary as, despite improvements to our beautiful countryside in recent years, in many places access is not guaranteed. This can be because the routes are inaccessible or do not exist. By introducing these amendments, landowners and others will be encouraged to support greater access to the countryside by improving rights of way, stiles, gates and signage and developing new paths along field margins. If the noble Lord, Lord Gardiner of Kimble, is not minded to accept these amendments, can he set out clearly how the Government intend to achieve the intent behind them and encourage greater access to the countryside?

Agriculture Bill

Earl of Devon Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Earl of Devon (CB)]

My Lords, it is a pleasure to be back in the Chamber for such a crucial debate. Thanks to many for their tireless work in getting us here in hybrid form; however, I am concerned that this key legislation is the guinea pig for our new system and that it will not get the scrutiny it deserves. I trust that the usual channels will be sympathetic and not rush it through this House. Many more expert voices than mine are silent today. They must be heard.

I refer to my interests as a farmer in Devon, a county renowned for its green and varied landscape, with an ancient tradition of livestock farming. Devon has many small family farms for which basic payments, through no fault of their own, have become key to survival. If we get this wrong, Devon will suffer, causing untold environmental, economic and cultural damage.

The transition to ELMs over the next seven years is particularly concerning. BPS payments decrease from 2021, but ELMs will not be in place until 2024 at the earliest, and 2028 for most. What do farmers do in the interim? Those on marginal farms may simply stop, abandoning farmland to scrub; perhaps this is government policy. Others will do what they can to remain solvent, which means intensifying production and increasing environmental degradation. Even those who farm profitably will hold off capital and environmental improvement—why risk investing now in things you may be paid for in five years’ time?

The result will be the exact opposite of what we need: a decrease in productivity and environmental outcomes, when both need dramatic improvement in the face of international competition and a net-zero target for farming by 2040. Will the Government recognise these dangers and adjust the transition period to avoid them?

Many people have noted that this is the first time since 1947 that we can legislate for agriculture as a sovereign nation—a Brexit dividend for our green and prosperous land. Given coronavirus, comparisons with 1947 are apt. Only months ago, Dieter Helm wrote:

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


He might not say that now, as the nation is acutely aware of food availability and food quality, given the ruthless effect of Covid on those with poor diet. Never has access to healthy, sustainable, affordable, local food been more important.

However, this is not 1947. We were not just an island on the edge of Europe then. We were the centre of the British Empire, with access to food from around the world on terms that we dictated. We lack that bargaining power now. As we negotiate trade deals, we must ensure that our domestic food supply is regularly—annually—monitored and strengthened and that our standards are protected.

The Government resist setting standards, citing existing legislation and a reluctance to tie negotiators’ hands, but both national opinion and history are against them. Ignoring the irony of this Government relying on retained EU law to defend their position, the suggestion that agricultural legislation is not the place to address international trade is just wrong. As Devon warmly remembers, we have been legislating the import and export of wool for more than 500 years, and it was through robust legislative intervention that British farming technology led the agricultural revolution. We did it then and we can do it now.

Finally, this is the Agriculture Bill, not the environmental land management Bill, and the focus must remain on farming. We need a long-term vision for our farms. With more time in Committee, I look forward to discussing soil, carbon, agricultural tenancies, young farmers, gene-editing, productivity and more. But I lack the time now.

Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

Earl of Devon Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Earl of Devon (CB)]

I declare my interest as an arable farmer, though thanks to Devon’s sandy red soil, we do not need this derogation just yet. As well as being a farmer, I was once a theologian and our current agricultural challenges are biblical: unprecedented floods, a disease pandemic and now an increasingly desperate drought. Even in a normal year, these would be assaults worthy of Moses, but this is not a normal year because, at the same time, we are undertaking our own exodus from Europe. We are midway through leaving the common agricultural policy in the midst of the Red Sea, with pro-Brexit prophets promising a land fed with pasture-fed milk and wildflower honey. In the coming months we will be debating the Agriculture Bill, from which we will derive the commandments by which we will reach that promised land. However, the details remain as inscrutable as Jehovah. We wait with bated breath to see what is written; we pray that we do not face 40 years wandering in wilderness.

While often criticised for its bluntness, the three-crop rule has been an invaluable tool, ensuring cross-compliance and minimising the environmental damage of an excessive arable monoculture. Will the three-crop rule exist under the new ELMS? How will the Government ensure that environmentally beneficial crop rotation is maintained and enforced? This limited derogation is largely supported by farmers, particularly in those areas devastated by winter floods. Will the Minister specify the evidence on which the derogation is based? Defra’s briefing merely cites pressure from stakeholders, but I assume that some analysis was undertaken. How many farmers require this derogation? Where are they located? Are there plans to monitor its impact? Finally, I also understand that pressure is being applied to extend the derogation into 2021. Will the Minister state whether there are any plans to do that and, if so, why?

Tree Pests and Diseases

Earl of Devon Excerpts

Thursday 13th February 2020 Lords Chamber

[Earl of Devon (CB)]

My Lords, I, too, am grateful both to the noble Earl, Lord Kinnoull, and to the noble and learned Lord, Lord Hope, for first pursuing, and then persevering with, this crucial debate. I am pleased that it has survived both the pest of Prorogation and the Disease of dissolution to make its way to the Floor of your Lordships’ House.

The delay does not make the debate any less urgent: it is more important now than ever. The past six months have seen an escalation in the epidemic of disease impacting our woods. We have also endured a brutal winter of floods, followed by violent storms that destroyed many mature trees weakened by illness. Meanwhile, we have been glibly promised by every major party manifesto an unprecedented level of tree planting in support of net-zero ambitions, but without commitments to undertake the complex research and investment necessary to deliver on such promises.

We hear much about sustainability, but hear no practical plan of what trees to plant, where to plant them, or how to protect them from an early, disease-ridden death. It is sad that more than 300 years after Hans Carl von Carlowitz first coined the term “sustainability” in preserving Germany’s forests, we hear the term bandied about by politicians to greenwash campaigns, but without appreciation of what sustainability costs.

I declare my interests as steward of a family-owned SME that has depended on and nurtured trees since the Middle Ages. I am also, regrettably, subject to statutory plant health notices due to chestnut blight in our ancient woods. Chestnut blight is a pernicious fungal disease that is fatal to sweet chestnuts—a naturalised, not native species. Since its introduction by the Romans, or possibly earlier, the tree has been prized for its nuts, its versatile timber, and its beautiful twisted bark. One of Powderham’s oldest inhabitants is a squat, stag-headed sweet chestnut, planted shortly after the Civil War. It may not live much longer.

Chestnut blight originated in Asia and, after accidental introduction to North America, killed 3.5 billion trees last century, decimating the species on that continent; it has been present in Europe for at least the last half-century. It was first discovered in England in 2011 and was first found within a mature woodland setting at Powderham in 2017. Since then, I have learned more than I would ever wish to know about crypho- nectria parasitica.

It was introduced under a well-intentioned, government-supported planting campaign back in the 1990s. My father was a keen forester and, after felling a block of mature oaks, he replanted chestnut purchased from a reputable nursery. That nursery had sourced its stock from Belgium, which is how the disease entered the country. One of the more impressive aspects of this sad story is the speed with which the Forestry Commission was able to track other chestnuts from the same stock; within weeks, the disease was confirmed across southern England. Served with an SPHN, we worked with the commission to determine a course of action. Our first plan was eradication, and all the 1990s chestnuts were removed and burned. It soon became apparent that the disease was in the wider woodland and therefore, in spring 2019, we felled over 100 mature chestnuts, each over 100 years old: that is more than 10,000 years of tree growth.

The heartwood was cut into sleepers; the rest of each tree was burned on site. A little revenue was thus generated which, together with a restocking grant, meant that the process was marginally cost-negative. To lose money like this felling centuries-old timber was heart-breaking and nonsensical, both for my pocket and for national tree health. While Powderham is able to absorb the loss, other landholders would be severely financially distressed in such circumstances, through no fault of their own. Without better emergency funding, land managers will be discouraged from reporting suspected disease for fear of the punitive costs of eradication.

Recently, blight has been identified in yet more trees. In fact, the experts are on site today to determine the extent; we must assume it is everywhere. Recommendations have changed: given the extent of the disease, we are no longer seeking eradication, preferring to pray for genetic resilience or a viral counterinsurgency. The remaining chestnuts might thus be given a reprieve to live out their days diseased but at least upright.

I am grateful for the hard work of the Forestry Commission and its tireless team of foresters and scientists, but they are hopelessly overstretched and underresourced for the war they are waging. I described it previously as “a losing game of whack-a-mole”, as every time I have seen people from the commission—and it has been all too rare over the last two years—they have been rushed off their feet dealing with yet another disease outbreak. If the Government are really serious about planting more than 30 million trees each year, they simply have to invest more in border biosecurity, in the commission itself, and in the development of healthy nursery stock. They might also have to restrict public access to woodland to prevent the further spread of disease. Will they do so?

To plant that many trees, we will have to import seedlings and saplings in vast numbers, as we simply cannot generate such stock on this island. That will only increase the likelihood of disease if we do not proactively manage it. We must also decide what to plant. My daughter is here today, and one thing I am determined to avoid is leaving her with either diseased and dying broadleafs of no commercial value, or a barren coniferous monoculture of no ecological value. I am searching for a suitable broadleaf species to replace the chestnut, but simply cannot find anything suitable that can grow in a warming climate that is not at risk from disease or pestilence, particularly squirrels.

In finishing, I would like to offer some warning words from the past on squirrels, as I know it is a favoured subject. Much demonisation is rightly directed to the grey squirrel, but, in their partial defence, I would like to quote a letter we recently unearthed. Written in 1825 by John Wilkinson, it is an agent’s report to the gay, and thus exiled, 3rd Viscount Courtenay:

“The noble range of new plantation at Mellands must be pronounced by everyone who sees it ... as a most striking improvement ... with the exception of the upper part which ... partly from the depredations of our old friends the rabbits is not in so thriving a state ... I was much grieved however to remark the very serious injury done to the Scotch firs by another description of marauders than the rabbits viz the squirrels. There are scores and I may also say hundreds of those firs completely destroyed by these animals which I saw running about in every direction. I did not hesitate to giving the strictest injunctions I could to Wilcox and his brother gamekeeper to destroy them or at least to diminish their numbers.”


Given that this was written 50 years before the introduction of the grey squirrel, these marauders are clearly our native red squirrel. The letter thus reveals that whatever species of squirrel is present requires proactive and determined management to avoid serious pestilence to our native trees. Are the Government prepared for this?

Fisheries Bill [HL]

Earl of Devon Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 11th February 2020 Lords Chamber

[Earl of Devon (CB)]

My Lords, I am not a fisheries expert; other than sporting a beard worthy of Captain Haddock and managing medieval manorial interests on the foreshore of the River Exe, I am a novice. I am thus grateful to the Minister for his introduction and to many other noble Lords for their expertise.

My law firm represents clients with commercial sea fishing interests and I know a number of local inshore fishermen in and around the Exe. I have been able to discuss this legislation with them. While happy to be free of the common fisheries policy, and the havoc it wreaked upon our fishing industry and our marine environment, their consensus is apprehension that their remaining livelihoods and coastal way of life may be sold down the river in forthcoming trade negotiations. The industry is also nervous that departure from the CFP will result in new systems that will cause uncertainty and delays. It seeks assurances that investments made in equipment and quota will not be undermined by administrative delays. Banks are currently reluctant to lend to fishing enterprises, and continued uncertainty will only make this worse.

As a Devonian, I am aware of the importance of the fishing industry to the local, regional and national economy. Devon is proud to host a large proportion of England’s fishing fleet, and in Brixham it has England’s largest fish market by value—approximately £40 million per annum.

Fishing has been core to the county’s economy for centuries. My home was built by an admiral of the Western Fleet during the Hundred Years’ War. Much of his time was spent defending English waters from marauding vessels from Brittany and Iberia. I hope that this will not be a task for the Earl of Devon in future, and that we can settle peacefully the fair allocation of our maritime resources towards the long-term health of our fisheries and the communities that depend on them. However, as the noble Baroness, Lady Young, noted, fisheries monitoring and enforcement will still be key to the exercise of our sovereign control and to achieving the bold ambitions set out in this legislation. What additional investment do the Government intend to make?

As many of your Lordships will be aware—because I have mentioned it—2020 marks the 400th anniversary of the sailing of the “Mayflower” from Plymouth, a commemoration of which I am a patron. This momentous voyage set sail from Devon because of the sophistication of local fishermen who ventured for months, from small ports such as Teignmouth and Kenton, over the vast north Atlantic, to catch and salt cod in enormous quantities. It was much due to the efforts of these modest West Country folk, who established seasonal encampments on the east coast of North America, that we achieved the early English settlement of those distant shores. The trading relationships they operated were complex and cross-border, combining fishermen from Devon, fish from the Grand Banks of Newfoundland, salt from the Bay of Biscay, wine from Bordeaux and consumers on the coasts of the Mediterranean. As the Government head into trade negotiations with Europe and the United States, I hope that they will take lessons from this history, not least the need to work closely with our neighbours and to care for our fish stocks.

With respect to these negotiations, as the noble Baroness, Lady Ritchie, noted, the political declaration committed the UK and the EU to use their best endeavours not only to conclude but to ratify a new fisheries agreement by 1 July 2020. This seems a little ambitious. Can the Minister describe the progress of those negotiations?

As to the new fisheries objectives, the bycatch objective is laudable. Minimising wastage is essential to the sustainability of our fisheries. In pursuing this objective, we must take account of the peculiarly mixed nature of certain UK fish stocks, which makes for a higher rate of bycatch compared with others. We must be cautious about burdening UK vessels with well-intentioned objectives that render them uncompetitive. We must also ensure that the fisheries management plans not only become compulsory but are localised in their requirements. What may be good for the North Sea fleet may not be good for the south-west, where conditions are so different. How will the Government ensure, post CFP, that quota is allocated more smartly, providing benefit to the fish and the fishers?

I note that the recent debate on the EU fisheries landing obligation concluded that compliance with the discard ban has been impossible to evaluate, through a lack of data. The consensus in favour of remote electronic monitoring in UK waters is shared by fishermen, but they are concerned that this must apply to all vessels fishing in UK waters, not just those landing in UK ports. A level playing field is essential.

The UK is a champion in the area of fisheries technology. At the universities of Plymouth, Falmouth and Exeter, the south-west boasts world leaders in marine and environmental engineering and sciences. How will the Government harness that expertise to ensure that we accelerate productivity, increase sustainability and build the competitive advantage of our fishing fleet? Also, what plans do the Government have to develop skills in fishing and in the onshore processing of fish for the food industry?

The climate change objective is an important addition. Given our location at the end of the Gulf Stream, UK fisheries will be impacted more than most by rising sea temperatures. Does the Minister have data on the carbon footprint of the UK’s fishing fleet, and do the Government have specific targets to address it? Is the Minister aware that offshore fishing vessels from Brixham are currently forced to steam all the way up the channel to Holland for all but the most basic maintenance, because there is no facility in the entire south-west peninsula with the capacity for such work? It surprises me that after more than 500 years of offshore fishing, we have lost the ability to repair our own fleet. The Minister will be aware of recent progress towards reopening the shipyard at Appledore. Are the Government able to support that endeavour and reverse this terrible decline in local shipyard services?

Finally, can the Minister acknowledge the importance of the continental market for UK-caught fish? The vast majority of the fish landed in Devon are sold across the channel. The Brixham market uses state-of-the-art online auction technology to ensure the fastest and most efficient sale of the daily catch. Given the inherent perishability of fish, any delay in transportation will impact sales dramatically, and any increase in border checks will destroy this important regional industry. I realise that Mr Gove thinks a degree of cross-border friction is a price worth paying. However, there is no point in securing the right to fish our own waters only to destroy our ability to sell the fish that we catch; otherwise, it will be fish fingers for tea, for everyone, every day.

Direct Payments to Farmers (Legislative Continuity) Bill

Earl of Devon Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords & 2nd reading (Hansard) & 3rd reading (Hansard) & Committee negatived (Hansard)
Wednesday 29th January 2020 Lords Chamber

[Earl of Devon (CB)]

My Lords, it is an honour to follow the noble Baroness, Lady Bakewell. I will echo many of her fine words. I declare an interest as a Devon farmer and a recipient of BPS payments administered by the Rural Payments Agency. I therefore have a direct interest in this Bill and in the Agriculture Bill that will soon follow.

I note that this Bill was introduced as recently as 9 January. It made expedited progress through the other place and is due to complete all Lords stages today, with a view to becoming law by the time we cast adrift from Europe later this week. This appears to be a hurried timetable. Can the Minister explain why such haste was necessary? The Government have been considering the implications for UK agriculture of leaving the EU for at least four years, yet we have little to no time for scrutiny of this Bill. Can the Minister state when Defra first became aware that the EU direct payments legislation will not apply in the UK for 2020, and when he became aware of the need for this Bill? I hope that he can allay the obvious concern that policy is being made up on the hoof.

I note that Clause 1(6) of the Bill purports to have retroactive effect, treating the incorporated EU legislation as having formed part of UK domestic law from 1 January 2020. Yet, confusingly, the guidance notes state:

“In relation to the 2020 claim year, farmers will be governed by EU law for January 2020 and by domestic law thereafter.”


Does that mean that, once this Bill is passed, farmers will be subject to both EU and domestic law at the same time and for the exact same purpose during this month of January 2020? That seems odd and potentially unprecedented.

In announcing this legislation and the confirmation of agricultural funding for 2020, the Government have repeatedly trumpeted the “certainty” that this will provide to farmers,

“allowing them to plan for the future, sow their crops and care for their livestock with confidence.”

With due respect, certainty is the last thing that the Government’s agriculture policy is affording farmers right now. While the common agriculture policy had many weaknesses and imperfections, farmers at least knew what they were dealing with. Since I took over our family farm five years ago, the industry has been wracked by uncertainty as to its future, wholly unclear as to its purpose, its funding and the competition that it will face. That uncertainty seems destined to continue, with this Bill providing only 11 months of clarity, with the Government then proposing an ill-defined transition period between 2021 and 2028. In an industry that runs on an annual cycle and requires long-term strategic investment, these timelines are inadequate.

I expect that the Minister will point to the forthcoming Agriculture Bill as a purveyor of clear skies ahead. However, as he is only too well aware, the devil is in the detail, and we have no detail. The principles of environmental land management and the provision of public funds for public good have been long discussed, but the scheme remains skeletal and little meat has been put upon the bones. While I am pleased that the provision of food has been introduced as a public good, the real detail of how our land is to be managed remains as obscure as the view of Cornwall from the top of Dartmoor on a wet January morning. I would appreciate the Minister providing insight into the progress of the various ELMS pilot schemes being run around the country and when we can expect an update on their progress and their learning. Such detail will be essential when we are debating the Agriculture Bill.

Farmers and our rural economy are nothing if not resilient, but with the ever-increasing impacts of climate change and extreme weather patterns, the last thing that farmers need is further years of legislative uncertainty. Given the glacial progress of the previous Agriculture Bill, can we really expect to have a settled agriculture policy and replacement payment system in place by the end of 2020? Why do not the Government give themselves and our farmers some breathing space by making this BPS extension two or even three years instead of a mere 11 months?

As the Minister is well aware, farming productivity in the UK has been in relative decline for many years, and continued uncertainty, which will continue until 2028 at the earliest, will only hinder further investment. The average age of farmers is increasing, as new entrants to the business decrease. At the same time, we are entering a period when our farming industry will be thrown open to unprecedented global competition. Just as we are shaken by increasingly violent transatlantic weather, so we are bracing ourselves to be inundated by transatlantic farming imports without the ability to compete fairly or the confidence to invest for the challenges ahead.

Illustrative of that uncertainty is last week’s Committee on Climate Change report on land use. The headline recommendation of that report was the reduction by 20% in consumption of meat and dairy products, suggesting an equivalent decrease in livestock farming. This decrease would impact mostly the ecologically fragile pasture-rich farmlands of the western counties. This assault upon our farting ruminants is therefore a direct threat to an ancient, world-leading and highly sustainable farming practice.

Furthermore, to mix land use metaphors, it fails to see the wood for the trees. As the Minister is well aware, the huge growth in middle-class affluence, particularly in Asia, is resulting in a massive shift in diet, particularly the increased consumption of dairy and meat products. Many noble Lords will have seen the Royal Family’s valiant, yet much criticised, efforts to promote the sale of Jersey milk to the Chinese this week. Ministers will be aware of the 2016 Defra report that confirmed that a pint of milk produced on British pasture requires approximately 40% of the carbon of an average pint of milk globally. In other words, our dairy farmers are world leaders in the production of low-carbon dairy products. We also have global dairy brands—think of Devon cream—that are unsurpassed. Rather than seeking to restrict and limit our dairy and meat production, we should surely be looking for all opportunities to expand upon it and dominate the global market for ecologically sustainable, low-carbon meat and dairy.

A final word goes to the hard-working staff of the Rural Payments Agency. Delays in the delivery of rural payments can be debilitating to many farmers who are hugely dependent upon this income, and I recognise the improvements in recent years in the promptness of payments despite the considerable cuts to the RPA budget. Given the appalling conditions facing arable farmers in particular this year, with an almost complete wash-out of the sowing season in many northern and eastern counties, the prompt payment of BPS in winter 2020 will be an essential lifeline. This legislation will obviously introduce administrative changes to the manner in which payments are managed. What certainty can the Government provide that payments will be administered efficiently and made promptly? In particular, what insight can the Minister provide about funding and staffing levels at the RPA? Will civil servants be redeployed from their preparations for a no-deal Brexit to assist in the smooth deployment of rural payments?