Biosecurity and Infectious Diseases

Earl of Kinnoull Excerpts

Thursday 18th January 2024 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, it is a great pleasure to follow the noble Viscount, Lord Stansgate; as ever, he was very thought-provoking. I add my congratulations to my noble friend Lord Trees on not only his excellent and thorough introduction but on securing this very important debate. I also welcome the Minister and wish him good luck in his maiden speech.

I start by declaring my interests as set out in the register, in particular as chair of the UK Squirrel Accord. I am heavily involved in the complex issues surrounding the difficulties caused by invasive alien grey squirrels destroying our native broadleaf trees. In May 2023—here, I go back to something that the noble Viscount just said—the Minister, the noble Lord, Lord Benyon, said that

“you cannot have net zero without talking about trees”.—[Official Report, 22/5/23; col. 598.]

I am sure that everyone in the Chamber today would agree with that. At the same time, many sources have concluded what the UK Squirrel Accord knows to be true: the biggest threat to our broadleaf woodlands is the grey squirrel. They ring-bark trees aged between 10 and 40 years, making them susceptible to a host of pathogens and thus killing many and damaging much, if not all, of the rest in affected plantings. This greatly reduces the yield and quality of the timber. This has resulted in many landowners and managers in England simply not planting the native broadleaf trees that are needed as a significant part of our net zero strategy.

The UK Squirrel Accord is the coming together of 40 organisations of the United Kingdom to address this unpleasant truth. It comprises the four Governments, their nature agencies, the main voluntary sector bodies and the principal private sector players. The accord has not only ensured good communication among member bodies but allowed scientific research to be commissioned together. Quite a lot has been achieved in laying the groundwork for a major initiative in reducing the number of grey squirrels—in large part, through the use of fertility control.

This exciting research is being led by the Animal and Plant Health Agency, or APHA, which is based outside York. It includes strands on the fertility control substance itself, the hoppers that will be used to distribute it, and, most importantly, the rigorous computer modelling that underpins the rollout strategy. The research phase is now in its fifth year, which will give way to the landscape trials phase and then a licensing phase, before the rollout. The Minister has ministerial responsibility for APHA, and the Defra family and APHA have been very helpful and involved in the accord since it came into being. Does the Minister agree with the essential proposition that fertility control research represents the outstanding near-term option as a key weapon for grey squirrel control?

The APHA research has been funded in part by the Defra family, but just over £1 million has been raised from private UK individuals and trusts. I thank very much those people. Some of these generous donors have also brought the welcome offer of help in the large-scale field trials, when the time comes. I hope that it does not seem ungrateful to the Minister to observe that much larger sums of government money are being spent in other individual areas of disease and invasive alien species. Given the central need to deal with this issue, for net-zero reasons alone, I urge the Government to consider upping the resource that they devote to it.

Before I close with some specific asks, I congratulate APHA on what it has achieved so far in the research. It is a remarkable institution, filled with dedicated and expert staff. There are various areas where the Government can help. One is around the speed and cost of the licensing process that we are about to undergo, both for the hoppers and for the substances that will be left behind in them. Another is around increasing the co-ordinating resource that the UK Squirrel Accord has available for the next phases. We have been correctly resourced in people and monetary terms up to now, thanks to much generosity from the 40 accord members. However, there will be a step change in what we need to do going forward, and this needs more resource. The Forestry Commission recently came up with an important part of what we need in the field, for which I warmly thanked it. However, we need a small amount extra at the centre. It will take a lot of effort at the centre to deal with further planning, engagement and the education of people up and down the country, and there are a number of other issues as well. If we have a bit more resource now, we will make a better job of dealing with the squirrel. Will the Minister agree to meet, as an introductory thing, to discuss these matters?

Woodland Cover Protection and Grey Squirrel Control

Earl of Kinnoull Excerpts

Thursday 25th May 2023 Grand Committee

[The Earl of Kinnoull (CB)]

My Lords, I declare my interests as set out in the register, in particular as chair of the UK Squirrel Accord. I, too, congratulate the noble Lord, Lord Redesdale, on his excellent introduction and on getting this debate at an important time in what is going on in the world of trees and squirrels.

On Monday, the Minister said,

“you cannot have net zero without talking about trees”.—[Official Report, 22/5/23; col. 598.]

That was a prescient thing to say in view of the debate that we are having today. Indeed, many sources have concluded what the UK Squirrel Accord knows to be true: the biggest threat to our broadleaf woodlands is the grey squirrel, ring-barking as they do trees aged between 10 and 40 years and effectively killing them.

The UK Squirrel Accord is the coming together of 45 organisations of the United Kingdom to address this unpleasant truth, comprising the four Governments, their nature agencies, the main voluntary sector bodies and the principal private sector players. The accord has not only ensured good communication among the member bodies but allowed scientific research to be commissioned together. Quite a lot has been achieved in laying the groundwork for a major initiative in reducing the number of grey squirrels, in large part through the use of fertility control.

This exciting research is being led at the Animal and Plant Health Agency—APHA—and includes strands on the fertility control substance, the hoppers that contain it and, most important, the rigorous computer modelling that underpins the rollout strategy. The research phase is approaching its fifth and final year, which will give way to the landscape trials phase and then a licensing phase before the rollout. The Minister has ministerial responsibility for APHA. The Defra family and APHA have been very helpful and involved in the accord. Does the Minister agree that this fertility control research represents the outstanding near-term option as a key weapon for grey squirrel control?

The APHA research has been funded in part by the Defra family, but just over £1 million has been raised from private UK individuals and trusts. I thank those people very much. There have been some really generous people and they have brought with them a lot of knowledge and the ability for us to do the large-scale field trials when the time comes. I hope that it is not ungrateful to the Minister, who is such a good supporter of ours, to observe that larger sums of government money are being spent in other areas of disease and invasive alien species. Given the central need to deal with this issue for net-zero reasons alone, I urge the Government to consider upping the resource that they devote to this issue.

There are two areas where the Government can help. The first is the cost of the licensing process that we are about to undergo, for both the hoppers and the substances that will be left behind in them, and the second is increasing the co-ordinating resource that the UK Squirrel Accord has available for the next phases. We have been well resourced in people and in monetary terms up to now, thanks to generosity and the 45 organisations, but there will be a step change in what we need to do going forward and this needs more bodies. It will take a lot of effort to deal with further planning and the engagement and education of everyone up and down the country and there will be many other issues as well. If we have more bodies now, we will make a better job of it. I would be grateful if the Minister could comment on that.

Environmental Improvement Plan 2023

Earl of Kinnoull Excerpts

Monday 6th February 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness is right: the Ministry of Defence was carved out of the provisions in large areas. However, I urge her to look at what it is doing by way of tree-planting and moving to net zero where it can on its very large estate. We want to make sure that we assist the MoD in doing that.

On the noble Baroness’s other point, about measurement, I hope that throughout this the ideal work of Select Committees and more informed groups of your Lordships will be to delve into this and hold Ministers to account in future years. I entirely believe that these targets show where the Government can explain how it wants to hit those targets and achieve them in a way that holds them accountable throughout. The end date is not necessarily the date that will be of particular interest to the noble Baroness; she wants to know about progress towards it. That is why there are interim target dates throughout, some coming up very soon, which will show the path towards achieving what we set out in the provisions.

[The Earl of Kinnoull (CB)]

My Lords, goal 9 of the plan is “Enhancing biosecurity”. It mentions the grey squirrel action plan, which is as yet unpublished. Of course, grey squirrels are the number one threat to tree health in our country and the number one threat to our great desire to increase afforestation for sound, green reasons. Is the new grey squirrel action plan in final form, and when will it be published?

[Lord Benyon (Con)]

I am not sure of the exact date, but the noble Earl, who is very close to these issues, will be the first to know. He and others have taken forward so much work by producing this contraceptive and, further down the track, the possibility of a gene driver, which may or may not be a solution. That and a range of other issues will go to the eradication of this pest, which is damaging for biodiversity and tree health. You see people virtue signalling about what they are planting, but it will grow to have no effect on carbon sequestration or the delivery of biodiversity unless we deal with this pest. It is of massive concern to the Secretary of State and her Ministers.

Food Security

Earl of Kinnoull Excerpts

Monday 13th June 2022 Lords Chamber

[Lord Benyon (Con)]

I suggest that we look at this as the glass half full: there are plenty of examples where private sector finance can be a massive boost towards the environment by working with farmers and seeing tree planting on poor-quality land, for example. Some 57% of agricultural produce is produced on 33% of agricultural land. This shows that, if we favour the productive land to produce food—every single farm has corners of it that can be planted with trees or for other ecological benefits—this will benefit the farmer and is in accordance with the food production targets and ambitions of this Government. It can work; we want to root out the bad behaviour which the noble Baroness rightly points out.

[The Earl of Kinnoull (CB)]

My Lords, I declare my interests as set out in the register. The Minister has rightly referenced the importance of a good balance between vital food production, carbon capture and other environmental things. It is a very difficult issue, and I wonder whether he can confirm that the devolved Administrations and the UK Government are discussing these things at the new Inter Ministerial Group for Environment, Food and Rural Affairs.

[Lord Benyon (Con)]

I absolutely assure the noble Earl that we are working closely with our devolved colleagues on this, because the environment clearly does not respect boundaries. We want to make sure that our policies are very closely aligned with them. The issue is perhaps more pertinent in Scotland and Wales, where we have seen some of the concerns which have led to this title of a “wild west” in how private sector finance is applied. We want the highest standards applied. There are good examples right across the United Kingdom and we want to make sure that the tweaks and the measures that we impose favour those who are showing virtue rather than those who are not.

Veterinary Personnel

Earl of Kinnoull Excerpts

Wednesday 23rd March 2022 Lords Chamber

[Lord Benyon (Con)]

The Chief Veterinary Officer for Northern Ireland recently referred to

“available veterinary resource located in Northern Ireland points of entry, delivering efficient controls on sanitary and phytosanitary goods entering Northern Ireland through third countries and Great Britain”.

The veterinary resource remains at 12, and the DAERA Minister has put an embargo on further recruitment to operations in ports. In Northern Ireland, official meat inspection in approved slaughterhouses is delivered by a team of DAERA officials, and Northern Ireland meat-inspection services are currently fully resourced.

[The Earl of Kinnoull (CB)]

My Lords, there is a way of ameliorating the problem. Under the trade and co-operation agreement, there is a specialised committee on SPS measures. It has so far met only once, in September last year, but it could be very useful in dealing with this problem. What plans are there for the committee to meet again and discuss this problem?

[Lord Benyon (Con)]

The noble Lord makes a very good point. That committee could well have a very beneficial effect, and I will go back and ask officials when it is next due to meet and let him know.

Bird Control Licences

Earl of Kinnoull Excerpts

Thursday 3rd February 2022 Lords Chamber

[Lord Benyon (Con)]

There is an enormous amount of data on the diet of predators such as foxes, and I do not think it is as simple as the noble Baroness makes out. In the vast majority of areas, there is a net gain for biodiversity by the moderate actions of shooting estates. There are, of course, individual cases where they may be a net negative, but in the vast majority of the country, game covers and hedgerows and management of woodland create extraordinary habitats. That is an investment which does not cost the taxpayer anything but is of huge benefit to our natural capital.

[The Earl of Kinnoull (CB)]

My Lords, I refer to my interests in the register. I am an organic sheep farmer, among other things, and we are worried all the time about crows pecking out the eyes of young lambs. We are also worried about pigeon families setting up in our sheds and causing disease in our organic ewes. Can the Minister confirm how important general licence 42 is to operations such as ours, to allow us to control the birds and give our sheep the opportunity for life?

[Lord Benyon (Con)]

The species of birds on general licence are ones for which it is estimated that there would be no impact to their conservation status if they were controlled. Certain species are controversially not in the general licence, such as rook and jackdaw. This is constantly being looked at by Natural England. It is very important to understand that they are controlled not just for game bird management but very often for the protection of crops and livestock. We must be mindful of that and make sure that farming businesses around the country have the protection that they need.

Animal Welfare (Sentience) Bill [HL]

Earl of Kinnoull Excerpts

Report stage & Lords Hansard - part two
Monday 6th December 2021 Lords Chamber

[The Earl of Kinnoull (CB)]

My Lords, I apologise to the House for having been detained in the Moses Room earlier in another debate. Much of what I might have said has been put far better by my colleagues who have signed this amendment, in the shape of my noble friend Lord Trees, the noble Lord, Lord Moylan, and my noble friend Lady Deech, who has been incredibly helpful. I thank them very much. I also found the speech of my noble and learned friend Lord Etherton very persuasive on the basic and essential point.

I remind the House of a question I put directly to the Minister in Committee, right at the end, about what happens next. He said:

“I do not want to create a feeding frenzy for lawyers by putting anything in legislation that will increase opportunities for judicial review or any other legal measure.”—[Official Report, 6/7/21; col. GC 294.]


That is what set me thinking about whether or not, in the true construction, this provision increased or decreased the possibility for judicial review. We just heard from my noble and learned friend about that, and about how the European Convention on Human Rights would work. I will not rehearse all the arguments or restate what others have said but it is my settled view that, if we do not restore something that was the law of the land until midnight of 31 December last year and then stopped, there is a strong probability—particularly with the arrival of this committee—of increased action in judicial review and increased action under the ECHR. That seems to me to trip the very test the Minister set himself in Committee. That is why I put the amendment down again and why I strongly believe we need to accept it.

A very interesting point was made by the noble Baroness, Lady Fookes. I need to think about it, but in my bones I do not feel it is a problem and, obviously, nor do my colleagues. I am annoyed with myself for not having had the time to talk to colleagues on the Labour Front Bench to explain more carefully why this is not some sort of attempt to wreck anything but is a genuine point; we are trying to make sure that the Government can govern and are not dragged to the courts the whole time on what are, after all, a series of very emotive issues. We heard from the noble Lord, Lord Sheikh, about that in Committee.

My simple hope, having discussed this at length yesterday—I am very grateful for the Minister’s time—is that we can have a meeting after Report, and I very much hope the Labour Front Bench will be there, where we can discuss this carefully, including taking into account the good point made by the noble Baroness, Lady Fookes, and come to some sort of resolution. As I said, the advice from people who care about this and genuinely know about it is that the very test the Minister set himself in Committee would be tripped if we did not accept this amendment. I hope that, if he cannot accept it immediately today, we will not have a messy vote but agree that this is the one issue to be taken away and discussed between now and Third Reading.

[Lord Strathclyde (Con)]

My Lords, I support very much my noble friend Lord Marland in his amendment, both the principles behind it and its detail, and the amendment from the noble Baroness, Lady Deech, which was extremely well argued by her and supported by the noble and learned Lord, Lord Etherton, the noble Lord, Lord Trees—modestly—and the noble Earl, Lord Kinnoull.

It strikes me that the Government have got themselves in a bit of a muddle on all this. The more I have listened to noble Lords behind me who obviously think the Government have got it wrong, the more I wonder why they are legislating in this way. If he had wished to do so, could the Secretary of State not simply have set up a committee by declaration, to do everything the Government want it to and try out some of these extremely complicated and difficult issues which have been raised not just today but in Committee? I feel it would have been a much better way to progress thinking and policy on this Bill and would not have made the sort of mistakes which I have a horrible feeling the Government are heading into by putting forward primary legislation in this manner, when we all know that changing primary legislation is incredibly difficult.

I hope my noble friend the Minister has listened very carefully to the noble Earl, Lord Kinnoull, who made a very fair offer of discussion on this extremely complicated policy matter, with the aim of coming forward with some rationally thought through amendments at Third Reading, which I would very much support.

Animal Welfare (Sentience) Bill [HL]

Earl of Kinnoull Excerpts

Committee stage
Tuesday 6th July 2021 Grand Committee

[Lord Trees (CB)]

Thank you, my Lords. I should like to speak to Amendment 3 in my name and Amendment 16 in the names of my noble friend Lord Kinnoull and the noble Lord, Lord Hannan.

Amendment 3 will sit in Clause 1, which introduces the animal sentience committee, and it seems right, proper and appropriate that the clause then goes on to describe the committee’s remit. That is to some extent covered in Clause 2(2), but my amendment goes further than that clause in two important respects. First, it stresses:

“The function of the Committee is to determine whether, in relation to the process of the formulation”—


and so on. It introduces the word “process”, which is critical to understanding the function of the committee. It is not influencing the policy or commenting on it. It can comment, and it has a remit to comment, on the process by which policy is formulated and implemented with regard to considering animal welfare implications. That is important. It may be a statement of the obvious, but it is perhaps sometimes worth stating the obvious.

Amendment 3, which would extend Clause 2(2), also refers to its remit to look at policy subsequent to the establishment of the committee, which would therefore have no right to retrospective review of policies previously formulated or implemented, even if they are in process at the time. This is an issue that a number of subsequent amendments on the list repeatedly allude to. It would therefore seem sensible to include that provision right at the beginning as a limitation on the committee’s remit.

Those are the main points: the amendment sets out the committee’s remit right at the beginning of the Bill, emphasising that its role is to comment on process, and would limit its remit to policy being formulated and implemented after the committee has been established.

Perhaps I may quickly speak to Amendment 16. It would restrict policy, which the Bill does not do; the Bill refers to “any government policy”, which is a huge remit. The amendment would restrict the policy to areas that were defined in Article 13 of the Lisbon treaty, which to some extent is the progenitor of the Bill. It seems sensible to make the scope of the committee more manageable, reasonable and pertinent by restricting that remit.

[The Earl of Kinnoull (CB)]

My Lords, I declare my interests as set out in the register of the House, particularly those in respect of farming. I am chair of the UK Squirrel Accord and chair of the Red Squirrel Survival Trust. I apologise that I, too, was unable to speak at Second Reading, but I was in the Chamber for a good chunk of it, including for the winding speeches, and I have, of course, read Hansard.

I will speak to Amendments 16 and 35 in my name and briefly to Amendment 3 in the name of the noble Lord, Lord Trees. My amendments are probing. Animal sentience, of course, is not in EU retained law as it was a treaty obligation and so was not preserved by the European Union (Withdrawal) Act 2018. Article 13 of Title II of the Treaty on the Functioning of the European Union was therefore lost in the departure process from the European Union.

EU retained law is an interesting concept. In fact, it is a snapshot of EU law at 31 December 2020, which was then transposed into UK law. Of course, if you then want to make a change, changes are made expressly and with due process. That due process would seem to me to involve asking a number of questions. What was unsatisfactory about the previous arrangements? What are the benefits of the new arrangements that are proposed? What has been done to ensure that there are no unintended consequences? The noble Lord, Lord Hannan, in his Second Reading speech, summarised that by saying,

“to what problem is this Bill a solution?”—[Official Report, 16/6/21; col. 1918.]

I suppose I have merely tried to split that out. Thus, everything in EU retained law is anchored in the position quo ante as at 31 December last year. Things go on from there, but we knowingly make changes after that by going through a due process.

Before I go on to make some points, I thought it was probably interesting for everyone to understand the history of Article 13 a bit and how much Article 13 is a child of UK thinking. The original precursor appeared as a non-binding declaration as part of the 1991 Maastricht treaty, when, of course, there was a Conservative Government. It was proposed by the British. In 1997, with a Labour Government, it was promoted in the treaty of Amsterdam to being a binding protocol. In 2007, again under a Labour Government, it moved from being a protocol to an article in the Lisbon treaty. In each of those changes it was essentially a cross-party UK effort that put it there and placed sentience at the core of policy formation in the EU. It is a product of British thinking and part of our legacy within the EU.

This Bill is simply not consistent with Article 13 in two broad ways. Article 13 has the policy boundaries, which the noble Lord, Lord Trees, has just referred to. It also has the balancing factors that need to be taken into account when the issue is at question. Thus, I ask my three questions. What was unsatisfactory about the previous arrangements? What benefits are there to be found in the new arrangements? What has been done to ensure that there are no unintended consequences?

I hope to hear from the Minister in due course, but I went back and looked at the debates in Hansard for the European Union (Withdrawal) Bill in 2018. I looked at the Conservative manifesto. I have here under my left elbow the Explanatory Notes associated with this Bill and, of course, I have read and reread the Minister’s speech on 16 June at Second Reading. I am afraid that there is not really an answer to those questions. I have to say that, in the absence of that, Amendment 16 would restore the policy area boundaries, as the noble Lord, Lord Trees, has just said, and Amendment 35 would restore the balancing factors that must be considered. I think that the case for doing that is pretty strong.

In closing, I generally have a lot of sympathy with the amendments in this group, not just the one from the noble Lord, Lord Trees, but his amendment in particular is consistent with my logic and, if he comes back with it on Report, I hope to sign it.

--- Later in debate ---

[Lord Benyon (Con)]

My Lords, I would never have the temerity to say that anything was perfect in this world, and legislation is a messy process. I assure my noble friend that I believe that we are sailing the right path between creating something that is unwieldy and a burden on government and something that is—I hope he will agree when it is established—proportionate. It can range around government looking at important things and will inform the way decisions are made.

My noble friend mentioned the risk of judicial review. The Bill places additional legal duties on Ministers only in so far as it requires them to submit written responses on the parliamentary record to the animal sentience committee’s reports within three months of their publication. The Secretary of State for Environment, Food and Rural Affairs is additionally legally required to appoint and maintain an animal sentience committee. This means that the Bill creates only two additional grounds for judicial review: a failure by the relevant Minister to respond to the committee within three months and a failure by the Secretary of State for Environment, Food and Rural Affairs to establish and maintain an animal sentience committee. I hope that gives my noble friend some reassurance.

[The Earl of Kinnoull (CB)]

My Lords, I add my thanks to the Minister for the very interesting speech he has just made; I can see myself reading Hansard very carefully for a lot of what he said. I have just one question, on which I was hoping for some help from him. Quite early in his speech, he had some very warm words for Amendments 31 and 35, but I did not understand whether they would result in his amending the Bill or were just warm words. Could he clarify that?

[Lord Benyon (Con)]

I can assure the noble Earl that I am open to discussions on any area of the Bill where I feel we can make it better without creating hostages to fortune. I do not want to create a feeding frenzy for lawyers by putting anything in legislation that will increase opportunities for judicial review or any other legal measure. I will clearly be having many discussions with noble Lords from across the House between now and Report. I hope that what will emerge and what we will send to the other place will be a coherent piece of legislation.

Agriculture Bill

Earl of Kinnoull Excerpts

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

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

My Lords, I thank all noble Lords for their contributions to this debate. I will take Amendments 43 and 44 together. I would like to reassure your Lordships that we recognise the importance of the issues that these amendments raise. Farmers and farming households make a valuable contribution to our national life, and we recognise that the needs of farming households may change as we move away from the common agricultural policy.

As set out in their manifesto, the Government intend to introduce the UK shared prosperity fund to replace EU structural funds. The manifesto also stated that it will, at a minimum, match the size of those funds in each nation, which was reiterated by the Chancellor in the last Budget. The final decisions about the quantum and design of the funding will take place after a cross-governmental spending review.

The Government have made a long-standing commitment to ensure that all policies are rural proofed—that is, ensuring that policy outcomes work in rural areas. This includes the development and delivery of the UK shared prosperity fund, on which Defra and MHCLG officials are working closely. In advance of the introduction of the UK shared prosperity fund, £60 million of funding will continue to flow to rural businesses via the final tranche of the growth programme, which the RPA is currently assessing.

The fund will play a vital role in supporting rural and coastal communities in recovery and renewal from Covid-19, and our expectation is that the growth programme and LEADER elements of EAFRD will be a component of the fund. This was set out in a letter from the Defra Secretary of State to the chair of the EFRA Select Committee on 7 September. Defra officials continue to work closely with the Ministry of Housing, Communities and Local Government, which leads on the fund’s development, to ensure that its design takes account of the dynamics of rural economies and particularly the challenges faced by rural communities, as well as the opportunities that I believe rural communities have. We have been in contact with MHCLG Ministers and I can assure your Lordships that MHCLG recognises the importance of these considerations.

I fully recognise the importance of reassuring rural communities and farming households about the future of local growth funding. The Government will look to set out their national approach to local economic recovery and devolution through a White Paper expected in the autumn. We firmly believe that the best way to make progress is to continue to work collaboratively at local and national level. The MHCLG has established an economic recovery working group, which meets regularly, bringing together a range of local growth partners to work on emerging themes and concerns across the country, including those relevant to rural areas. This includes representatives from rural local enterprise partnerships and local authorities.

If new socioeconomic support programmes were to be operated under Clause 16, they would have to operate under broadly the same framework dictated by the existing CAP. Clause 16 provides the Secretary of State with the power to modify or repeal retained EU legislation relating to rural development in England. This clause will not be used to introduce any new schemes, as they will be covered under Clause 1.

I very much hope that the noble Lord, Lord Cameron of Dillington, and the noble Earl will accept my confirmation that the UK shared prosperity fund will provide great opportunities for growth and investment in rural communities and will include the successor for the growth programme and LEADER elements of EAFRD. I believe this is a cause we all share and hope that, on that basis, given the explanation of the work we are undertaking between the two departments and the imperative of rural proofing, the noble Lord will feel able to withdraw his amendment.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

I have received a request to ask a question from the noble Earl, Lord Devon.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank the noble Lord, Lord Holmes, for tabling this amendment which seeks to use the Agriculture Bill to provide for new socioeconomic support programmes to help fund improved broadband connectivity and digital skills in rural areas beyond the end of the current rural development programme. He is indeed a champion of addressing the very real digital divide.

I reassure this House that we recognise the importance of the issue that this amendment raises. This Government are determined to connect every home and business to the fastest broadband speeds available. As the noble Baroness, Lady Jones, has just said, access to digital is key to helping all rural communities build resilient modern businesses, as well as supporting them in their daily lives. Indeed, the Covid-19 pandemic has shown the integral role that digital connectivity plays in our daily lives, economically, socially and in continuing to deliver essential public services. The Government are investing record amounts to level up digital infrastructure across the UK. We are already connecting some of the hardest-to-reach places in the country, including through the superfast broadband programme and the £200 million rural gigabit connectivity programme. The Government want nationwide coverage of gigabit-capable broadband as soon as possible.

We have also announced £5 billion of public funding—not just in principle; it has been announced—to close the digital divide and ensure that rural areas are not left behind. Only last week, we announced that more than £22 million of additional funding is being invested in the UK Government’s broadband voucher scheme, which subsidises the cost of building gigabit-capable broadband networks to hard-to-reach areas. The Government are working with mobile network operators to deliver mobile connectivity improvements through a shared rural network. Much is therefore already in place to improve connectivity in rural areas, and we have already started the 5G rollout.

We also recognise the importance of improving digital skills in rural areas. There is a wide number of initiatives to support this, including the digital skills partnership launched by the Department for Digital, Culture, Media and Sport in 2017, to bring together organisations from across the public, private and charity sectors to work together to close the digital skills gap at a local level. Although the current rural development programme allows for support for broadband and digital skills, these wider government initiatives are the key funding mechanisms for broadband connectivity and digital skills. However, we are also committed to supporting rural communities through post-EU exit funding and the UK shared prosperity fund, which will play a vital role in supporting rural and coastal communities in recovery and renewal from Covid-19.

As set out in the manifesto, the Government intend to introduce the UK shared prosperity fund to replace EU structural funds. Defra officials are working closely with the Ministry of Housing, Communities and Local Government, which leads on its development, to ensure that its design takes account of the dynamics of rural economies and the challenges faced by rural communities. The final decisions about the quantum and design of future socioeconomic funding will take place after the upcoming cross-government spending review.

With these assurances, I hope that the noble Lord, Lord Holmes, will feel able to withdraw his amendment.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

I have received no requests for further short questions. Accordingly, I call the noble Lord, Lord Holmes of Richmond.

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

I thank the Minister for her full and thorough response, and all noble Lords who have taken part in this short debate. All I would add at this stage is that the Minister consider further whether there is anything in this space which could be considered for Third Reading. The Agriculture Bill provides a real opportunity to focus on such an important bedrock—as important as the soil will be the fibre which enables food to grow, economic development and the social and psychological well-being for farmers all across our rural communities. So I urge her to consider whether there is anything that can be brought at Third Reading. Also, will she consider convening a round table with colleagues from DCMS to see whether there are any further specific support ideas that can be deployed in this space? I once again thank noble Lords who participated and the Minister for her full response, and I beg leave to withdraw the amendment.

Amendment 44A withdrawn.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

We now come to the group beginning with Amendment 45. I remind noble Lords that Members, other than the mover and the Minister, may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment, or anything else in this group, to a Division should make this clear in debate.

Amendment 45

Moved by

--- Later in debate ---

[Lord Gardiner of Kimble (Con)]

My Lords, I shall speak also to Amendments 46, 107, 110, 111, 122, 123, 124 and 125 in my name. Following new legal advice from the European Law Group and the Office of Parliamentary Counsel, these technical amendments are being tabled to put beyond doubt that a body of retained EU law relating to multi-annual programmes under rural development and common market organisation will be created at the end of the implementation period, where this is not created automatically by virtue of the interrelationship between the withdrawal agreement and European Union (Withdrawal) Act 2018.

Clauses 14, 15, 16 and their equivalents in the Welsh and Northern Irish schedules all rely on a body of retained EU law being created on implementation period completion day that can then be applied in domestic law and modified as required. Article 138 of the withdrawal agreement means that rural development programmes and some parts of the common market organisation will continue to operate under EU law after the end of the implementation period. However, Section 3(2)(a)(bi) of the European Union (Withdrawal) Act 2018 prevents EU legislation that is directly applicable in domestic law as a result of the withdrawal agreement under Section 7A of EWA also becoming retained EU law. I am sorry about this, but I want to go into some technical detail so that it is very clear to your Lordships.

This created a legal doubt as to whether the legislation governing the relevant rural development and CMO aid schemes would roll over to become retained EU law. These amendments therefore put that question beyond doubt by ensuring that a body of retained EU law relating to multi-annual agreements and programmes in rural development and CMO will be created at the end of the implementation period. They also provide a payment power to continue paying existing holders of agreements or programmes once the EU funding ends. This power to pay does not depend on modifying retained EU law. Such a power is necessary to ensure domestic funding can step in when existing EU budgets are exhausted in circumstances where these agreements and programmes continue to be regulated under the withdrawal agreement.

As I said, these are technical amendments required to ensure the Bill works as it was originally intended, so that modifications may be made to existing programmes where appropriate, simplifications and improvements may be made to schemes and scheme beneficiaries can continue to receive payments. These government amendments are supported by, and made with the approval of, the devolved Administrations. That is most important and the schedules for Wales and Northern Ireland are at their request. I also emphasise that there is no change to the policy intent of Clauses 14, 15 and 16. I beg to move.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

I call the noble Lord, Lord Marlesford.

[Lord Marlesford (Con) [V]]

I am not speaking on this amendment.

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

Then we shall move on to the noble Lord, Lord Mann.

[Lord Mann (Non-Afl)]

My Lords, I appreciate that I may be in a tiny minority in this House. I do not intend to press anything to a vote and I fully understand the detail and the logic of these amendments. But I heard the Minister refer on a number of occasions to manifesto policy at the election and, having in another life represented a 500 square mile rural consistency, I have taken the opportunity to see whether there was any misprint or printing problem in the election leaflets, because I saw or heard nowhere a proposal for retained EU legislation. It illustrates a rather different approach, albeit by consensus across political parties, when it comes to agriculture as opposed to, say, manufacturing industry and other areas of state aid. Of course, this is still one of the two unresolved issues for negotiation in advance of the forthcoming EU Council, although the detail on state aid has been less clear.

I do not recall anyone ever telling me when they voted to leave the European Union that they were voting to keep the common agricultural policy, albeit with a different name, or to retain through legislation, funding and priority the same systems, or indeed that there would be a seven-year transition period. Actually, I think I would sooner have supported leaving the European Union. Transition periods, even ones of seven years, may be very sensible. I am happy to have voted for a seven-year transition period, but I do not think that I am in a minority across the country in being wary of us adopting some elements of what the EU created and what some of us would regard as the worst elements, because the common agricultural policy was the most incoherent form of state aid, the most invalid and antiquated, and one that did not serve the future interests of this country. So I put it very politely to the Minister that I am not suggesting that he should be circulating leaflets saying that the Government are proudly retaining EU legislation and what goes with that in terms of funding, but there needs more thought in debate, particularly in relation to state aid, that what might serve one community might well serve another community. I am quite sure that steel communities, which are part of rural communities in many parts of this country, would be keen to hear similar principles being applied on an ongoing basis.

Agriculture Bill

Earl of Kinnoull Excerpts

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

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

My Lords, what an interesting debate we have had. I am most grateful to all noble Lords who have contributed.

On Amendment 263A, Defra Ministers meet on an almost monthly basis with counterparts from the devolved Administrations as part of the inter-ministerial group for EFRA. Any potential changes to food standards would be discussed here first. I am also pleased with the progress officials have made in developing the food information to consumers, fish labelling and food compositional standards common UK framework. The framework will focus on consensus-based decision-making but will also include dispute prevention and resolution mechanisms.

On Amendment 267, the powers in Part 6 allow for regulations to be made to ensure compliance with the United Kingdom’s obligations under the WTO agreement on agriculture. The regulations therefore set out procedures and arrangements to ensure that the UK as a whole complies with existing obligations under an international treaty. We have a bilateral agreement with the Welsh Government on the making and operation of regulations under Part 6 of the Bill. We have offered to extend this agreement to the Scottish Government and DAERA Ministers in Northern Ireland.

In addition, my honourable friend the Minister for Farming, Victoria Prentis, committed in the other place to consult with the devolved Administrations on the making of regulations under Part 6. I say in particular to my noble friend Lady McIntosh of Pickering that draft regulations have already been shared with devolved Administrations and strong and productive discussions are continuing. Defra officials have been working closely with them; this is another important and positive point.

On Amendment 284, the powers taken by Welsh Ministers through the Bill are intended as a temporary measure while the Welsh Government continue to develop their own legislation. Financial assistance under Clause 1 may be given by the Secretary of State only in relation to England. Welsh Ministers are not taking similar powers in this Bill to operate or introduce new financial assistance schemes. It is the Welsh Government’s intention that these powers will be provided for by a future Senedd Bill.

On Amendment 283, Schedule 5 contains powers requested by the Welsh Government to simplify the existing schemes and improve them for farmers, not to change or reduce standards. The underlying animal welfare standards to which all farmers must adhere are not found in this domestic payments scheme legislation; rather, they are found in underlying domestic and retained EU legislation. Therefore, these underlying protections will continue for all.

I found Amendment 289 an interesting element of our discussions. The Northern Ireland Assembly debated and agreed the legislative consent Motion on 31 March 2020. The DAERA Minister made it clear to the Northern Ireland Assembly in that debate that he did not support a sunset clause at this stage with respect to Northern Ireland provisions in the UK Agriculture Bill. It is the Government’s very strong view—I must say, we have been reminded by all noble Lords who contributed of the importance of this—that we must respect the devolution settlement. I find it difficult to construe how the Government could accept the amendment proposed and respect the desire and wish of the DAERA Minister and, by that token, the Assembly. Therefore, we do not believe that Parliament should seek to override the constitutional view already agreed by the Assembly on 31 March 2020. If we are to be consistent in our respect for the devolution settlement, it is difficult to believe that your Lordships or the Government should seek to impose something on a devolved Administration when they have given their legislative consent Motion to legislation. To be very clear, my noble friend and I are honest brokers for both the Welsh Government and the Northern Ireland Assembly in the schedules before us.

On Amendments 290 and 291, the UK Government have created IMG EFRA, as I have said, and a series of specialist official-level working groups to deliver effective joint working with the devolved Administrations. This has proven a highly successful governance mechanism. The UK Government have collaborated closely with each devolved Administration on a UK-wide framework for agricultural support based on the Joint Ministerial Committee on EU Negotiations principles agreed in 2017. The framework is planned to cover policy areas such as agricultural support spending, crisis measures, public intervention and private storage aid, marketing standards, cross-border farms and data collection and sharing. I think the point about cross-border farms was raised in particular.

Good progress is being made on the framework. The UK Government shared their first draft with officials from the devolved Administrations this February. Since then, there have been continuing discussions with officials in the devolved Administrations on a common framework for agricultural support. In our view, placing additional statutory requirements in this area risks disrupting an ongoing process of what has been described as excellent collaborative working, which is working extremely well. It would also create inconsistency with wider framework discussions.

I think the noble and learned Lord, Lord Wallace of Tankerness, first used the word “sensitivity”. We are all of a view that we must deal with these matters with sensitivity. When I meet fellow Ministers from all parts of the United Kingdom, I see this as an endeavour of equal partnership. We believe that it is inappropriate for the UK Government to seek to legislate on frameworks, certainly without prior discussion and consideration with the devolved Administrations.

I also say to the noble and learned Lord, Lord Thomas of Cwmgiedd—and I repeat this from my opening remarks on Tuesday—that we remain wholly committed to seeking legislative consent for all provisions that engage the convention in Scotland, Wales and Northern Ireland. That is why I was pleased to make those amendments.

The noble Baroness, Lady Wilcox of Newport, and other noble Lords raised the budgets for the devolved Administrations. Intra-UK funding is being discussed as part of current Treasury settlement discussions with Defra. Her Majesty’s Treasury will discuss this directly with the devolved Administrations. I absolutely understand the importance of certainty on funding for all parts of the United Kingdom and, from the visits I have had, am well aware of the importance of farming to all parts of the United Kingdom, and its importance in terms of UK internal markets.

To answer my noble friend Lord Empey on the Northern Ireland border, the Government are working very closely with the Northern Ireland Executive to ensure unfettered market access between Northern Ireland and Great Britain while meeting our obligations under the Northern Ireland protocol. I also say this to my noble friend, because of my biosecurity interest: as an epidemiological unit in itself, the island of Ireland has some advantages. Also, we already have requirements, as does Northern Ireland, as part of that unit. Obviously, we want to make sure that the biosecurity arrangements for the island of Ireland are as strong as they can be, but our working with Northern Ireland will be absolutely imperative for the frameworks. The success of that is where I believe we will find a satisfactory resolution for all parts of the United Kingdom. I say that as a unionist.

The UK Government believe in close collaboration in the coming months to agree and implement administrative frameworks to set out future working and co-ordination on agriculture. The noble Baroness, Lady Wilcox of Newport, asked when that will happen; the answer is, by the end of the transition period. We think that close collaboration is, to pick up on a word used earlier, the respectful way to work. I am conscious that the relationship between all four parts of the United Kingdom needs to be strong and positive. If it is not, it makes things much more difficult.

I want to bring forward the fact that the relationship that all of us as Ministers in Defra have with our colleagues in the devolved Administrations is strong and positive. There is a common endeavour to ensure that we have vibrant agriculture and strong food production, and that we make a success of it all and make a success of the United Kingdom.

[The Deputy Chairman of Committees (The Earl of Kinnoull) (Non-Afl)]

My Lords, I have received three requests to speak after the Minister from the noble Lord, Lord Foulkes of Cumnock, and the noble and learned Lords, Lord Wallace of Tankerness and Lord Hope of Craighead.

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

My Lords, the Minister mentioned his meetings with his counterparts in the devolved Administrations. Does he or any of his colleagues have any such meetings planned between now and Report to discuss and get their views on these amendments, and others, before we come to discuss them on Report? If not, would he consider arranging some meetings? It would be very helpful for the House to get the results of these sorts of discussions.

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211: Clause 33, page 30, line 32, leave out subsection (1) and insert—
“(1) The red meat levy is to be known as the animal slaughter levy.(1A) A scheme under this section (“the scheme”)—(a) may make provision for amounts of animal slaughter levy collected by the levy body for one country in Great Britain to be paid to the levy body for another such country, or(b) may amend, suspend or revoke an earlier scheme made under this section, and (c) must by regulations make provision so that the levy is applied to all meats and carcasses from animals slaughtered in the United Kingdom.(1B) For the purposes of subsection (1A)(c), regulations are subject to the affirmative resolution procedure.”

[The Deputy Chairman of Committees]

I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate. I should inform the Committee that if Amendment 211 is agreed to, I cannot call Amendment 212.

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

My Lords, here we are, back again with renewed energy and enthusiasm.

My Amendments 211 and 213 to 216 seek to improve Clause 33. I can also see the power and value in Amendment 212 in the name of the noble Lord, Lord Hain. My amendments would require an animal slaughter levy to be established for all animals slaughtered in the United Kingdom. The funds raised from that levy would then be used to support farms to transition from livestock to plant-based food production.

As many Peers have said, meat consumption in the British diet is, on average, far too high. It is too much meat for our health. If all other countries in the developing world aspired to eat as much meat as we do, we would need dozens more planets to accommodate that meat production. As we have only one planet, reducing meat production and promoting plant-based foods are major steps in creating a fair and sustainable world.

Tucked into Amendment 211 is a requirement that the animal slaughter levy actually be set up, since the current drafting of Clause 33 grants the power to establish a red meat levy but places no duty on the Government to implement it. It is worth noting that creating a red meat levy is a big step for the Government; it is the kind of thing that, until very recently, us Greens have been mocked for even suggesting. Can the Minister be bolder than just red meat and go the whole hog to make this a full animal slaughter levy? I beg to move.