Agriculture Bill

Baroness Laing of Elderslie Excerpts

Report stage & Report stage: House of Commons
Wednesday 13th May 2020 Commons Chamber

[David Johnston (Wantage) (Con) [V]]

Here in Wantage I can hear cows mooing as I speak, so the debate is relevant to my constituency.

Beginning with imports, it is fair to say that across Wantage and Didcot we have first-rate farming—Brimstone farm in the west of my constituency is one example. The food that is produced and the environment, agriculture and welfare standards are extremely high. A number of my farmers would like me to support some of the proposals that we are considering, particularly new clauses 1 and 2. I thought hard about that, and was pulled in that direction, but in the end I decided not to do so. Even if that provided short-term help—I am not sure that it would, even if it were compatible with World Trade Organisation rules, and I am not sure that that is the case—in the long term it would not help exports from the great farmers here and across the country. There is a five-year requirement to report on food security. That is a minimum requirement, but I hope that we will hear about food security much more regularly.

In my judgement, public money for public good, is one of the most exciting parts of the legislation. We will change entirely the system for paying farmers, and we will be able to do so in a way that helps to protect the environment. Farmers are the natural custodians of the environment, and measures that enable us to support them to improve air, soil and water quality as well as biodiversity are a hugely welcome development. Maybe—just maybe—it will help to reduce farmers’ average age, which is 60 at the moment. They find it difficult to persuade their children and grandchildren to take on their work. This may be a step to help encourage others to maintain the land for the great purposes that support our efforts on climate change. In future, some people may try to minimise the food production aspect. I hope that that does not happen, because that should not be regarded as a contrast to efforts on the environment. These are mutually beneficial things that we can do together in the Bill.

Turning to exports, I voted to leave the European Union, and was surprised to be told that that meant that I believed in a closed society, rather than an open one. On the contrary—I wanted an open society that was open to more than just the EU. I would like to see British products in countries around the world, and I hope that we will do everything that we can to ensure that that is the case. I think that there is an opportunity on food labelling at the end of the transition period, so that we can clearly define and consistently apply food labelling that demonstrates and signals to the world the high standards that we have in this country.

There is undoubtedly more that we can do to promote our exports. We have the “Food is GREAT” campaign. I hope that we turbo-boost that in the coming years. Finally, I want to make sure that we remember small farms, because this is a tremendous opportunity for our farms, and I hope that we will support them in their contracts and by promoting their goods, so that they too can benefit from this groundbreaking legislation.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now go to Angus and Dave Doogan—[Interruption.] I beg your pardon. I am grateful to Members in the Chamber for correcting my mistake. We go to North Devon—[Interruption.] We go to North Down, and Stephen Farry.

[Stephen Farry (North Down) (Alliance)]

Thank you, Madam Deputy Speaker; that was an interesting tour of the UK—from Scotland to the south-west and finally to Northern Ireland.

I want to speak primarily to new clause 9 in my name and those of the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna) and others; to new clause 1, of which I am a co-sponsor; and to new clauses 2, 6 and 10, which are very similar.

By way of context, I stress the importance of the agri-food sector to the Northern Ireland economy. It represents about 10% of all activity, which is considerably higher than the UK average. Furthermore, the profile of agriculture and associated industry in Northern Ireland is different from that of the UK as a whole; we have a much higher profile of smaller farmers in particular. The Northern Ireland sector is based around quality rather than scale, and standards are critical and are a matter of pride to all stakeholders.

I passionately believe in an open and liberal international trading system, and we had that with our membership of the European Union and its trade deals with the rest of the world. Trade cannot be conceptualised in simplistic terms or around outmoded 19th-century economic thinking. Environmental, food safety, animal welfare and labour issues are now all vital considerations.

It is also important to acknowledge the unique situation in which Northern Ireland finds itself from the implementation of the Ireland-Northern Ireland protocol. That is of course the inevitable out-working of Brexit and in particular the decision of the UK Government to rule out a softer Brexit based around the customs union and single market, and therefore the ongoing need to ensure an open border on the island of Ireland and protection of the Good Friday agreement. Northern Ireland will consequently remain aligned to large aspects of EU regulation. Furthermore, there is ongoing uncertainty as to how Northern Ireland will interact with EU trade policy and also UK trade policy going forward, with the risk of being marginalised in both respects. Obviously, in the all-Ireland context, matters such as food safety and environmental considerations need to be aligned.

On the substance of new clause 9, I acknowledge that post Brexit there is a need for an initial UK-wide framework to provide breathing space in policy and payments, but there is a sunset clause in the Bill for some measures applying to Wales, and Scotland has already indicated its intention to shape its own policy. This Bill was conceived and drafted prior to the New Decade, New Approach agreement and the welcome restoration of devolution in Northern Ireland, but there is no sunset clause for the application of schedule 6 to Northern Ireland. Northern Ireland is therefore out of step with other devolved nations, yet, paradoxically, it is Northern Ireland that needs the greatest scope to shape policy to fit its particular circumstances, not least given that protocol.

The Bill provides for the local Agriculture, Environment and Rural Affairs Minister to amend provisions by regulation, but most Members will appreciate the different processes and scope to enact them through primary legislation and regulation. Northern Ireland is at risk of losing the capacity of the much more rounded and participative process that comes from full legislative consideration. There is a broad range of farming and environmental stakeholders who deserve the opportunity to engage more fully in the development of policy.

In the Minister’s opening comments, she indicated that matters covered in new clause 9 were largely for the devolved AERA Minister. However, I have already explained the difference between action by regulation and by primary legislation. The hon. Member for Upper Bann (Carla Lockhart) stated that the local Minister was happy with the Bill and the Assembly had already passed a legislative consent motion, but that Minister was only one voice and his views are not representative of the majority of Members of the Northern Ireland Assembly. The LCM was passed by the Assembly in anticipation that it could still pass its own bespoke legislation, and, importantly, the agriculture and environment Committee in the Assembly has expressed its support for a sunset clause.

Any sunset clause would run to 2026, which would provide ample time for local measures to be put in place; there would therefore be no risk. It would be a strange thing if the Northern Ireland Assembly did not want to shape policy in an area of its own competence.

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[Geraint Davies (Swansea West) (Lab/Co-op) [V]]

What we should be doing in this Parliament is protecting our farmers, our food security, our food standards, our climate, our environment, our public health and our workers, but the Bill falls short on all those counts. The reality is that Britain is gripped by a once-in-100-years pandemic that has taken the lives of 33,000 people, yet this reckless Government refuse to extend the transition period in which we are required to get a deal with the EU, and indeed with the US. This puts all our interests at risk.

Members will know that something like 44% of our trade goes to the EU—in Wales three quarters of our food goes there—and that the United States is a very tough negotiator. It is interested in low-price, often substandard food that may be forced on us unless we ensure in this Bill that we secure the highest standards possible to limit what can be negotiated. The US Secretary of State, Mike Pompeo, has confirmed that chlorinated chicken must be part of a post-Brexit UK trade deal. We have heard talk about hormone-impregnated beef. Basically, we are at risk of importing food below the standards we currently enjoy and torpedoing the opportunity to have a meaningful EU trade deal, which is of much greater significance than the US trade deal—something like 60 times more. It is important that we ensure environmental standards are built into trade deals and into Bills such as this one. If we do not build those food and environmental standards into our law, and they are not subsequently in trade deals, then when we try to increase our environmental and food standards we will be taken to an international court by Trump and others, and we will be unable to move our standards upwards.

On climate change, there is great concern about nitrogen fertilisers producing nitrous oxide, a powerful greenhouse gas used in cattle feed for indoor intensive farming, particularly in the United States. We do not want that here. We should rule that out. We should put that into our trade deal and into the quality controls we put in the Bill. More trade further afield with the US will be bad for climate change in any case, and we know the US does not respect the Paris agreement. We need to use Bills such as this one to protect our food standards and ensure that those standards go into trade deals.

It is interesting that the Bill does not mention air quality, despite the fact that DEFRA argued that agriculture was a more important source of particulates for air pollution than diesel. We know that during the lockdown, PM2.5 and NOx have actually gone down: PM2.5 went down by 10% and NOx by 40%. We know that ammonia is a precursor of secondary particulate pollution; in other words, even though we are using our cars less, we still need to ask what we should do about delivering World Health Organisation standards, particularly as we now know there are significantly more covid deaths in areas with air pollution. That is a great big hole in the Agriculture Bill.

On migration, there are limits on the number of people who can come over here and pick our fruit and vegetables. The Agricultural Wages Board in Wales—it was abolished in England—should be extended to England to support rural workers’ wages. On protecting workers, it is critically important at this time that the workers in food production, abattoirs and food processing have proper PPE, testing and social distancing. We already know there are a massively disproportionate number of those people dying from covid. Again, the Government have neglected that situation.

In conclusion, we need to put food standards centre stage. I will be supporting the amendments. We need to ensure the EU deal is the right one, which means extending the transition period. We need to ensure that the environment and climate change are centre stage, and they need to be part of the trade deals. We need to protect our workers and all our interests in Wales, Scotland, Northern Ireland and England.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now call Daniel Zeichner to wind up for the Opposition and ask that he speaks for no more than eight minutes.

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to be able to continue to debate these vital issues with the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Banbury (Victoria Prentis). We had many hours in Committee.

This Bill has been a long time coming: almost two and half years since it was started, with three Secretaries of State and two Prime Ministers. It seems a world away from when it was launched back in October 2018. Some things have not changed, however. The climate crisis, finally properly recognised by this Parliament last year, remains more than pressing. There is much in this Bill on which we can all agree. We welcome the improvements on the first version, but, as the debate this afternoon has shown, we still think that there is room for improvement and that there are some fundamental points of disagreement.

--- Later in debate ---

The Minister assures us that our high standards will be translated into UK law. I have to say we had a debate about this in Committee and, as ever with things legal, we are not convinced that the position is so clear. How much better to put it into law tonight. We all want a transition to an environmentally friendly and sustainable food and farming system, and our pledge on this side is to work constructively with the Government to bring that about. We believe the best way to do it is to be proud of our high standards, not to undermine them, and to challenge others to meet them. On that basis, I seek support for our amendments.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now call Minister Victoria Prentis to wind up for the Government. I ask that her speech lasts no more than 10 minutes.

[Victoria Prentis]

Thank you, Madam Deputy Speaker, and I cannot tell you how much I have enjoyed the debate this afternoon. I do not think that that is just because it is my first time out of the house for some weeks. We have heard from passionate colleagues on both sides of the House—colleagues who are passionate about farming, food and food security. We have heard from distinguished former Secretaries of State. We have heard from farmers. We have heard from those from farming families. We have heard from many Members who represent farming constituencies. We have heard from a vet, and we have heard from a number of colleagues, some mentioned by the hon. Member for Cambridge (Daniel Zeichner), who love both food and food security. We also heard, indirectly, from the cows of Wantage.

I would like to take this opportunity to reassure Members that the Government understand the importance of agriculture to the nation. I know that British farmers are the best in the world. The Bill will ensure that they receive the support that they need to give us the food that we need and enjoy; to protect and enhance our beautiful rural landscape; and to ensure the health of the wider rural economy.

We have had a robust debate, which was well-intentioned on both sides. I need to reiterate at this point that there can be no question of sacrificing the UK livestock or other farming industries for the US trade deal. To the contrary, it is our view that a US trade deal is perfectly compatible with a thriving UK farming industry and very high standards. We have heard mention of the dreaded chlorine-washed chicken several times, and I would like to reassure the House that under existing regulations, which we will put into English law at the end of this year, chlorine-washed chicken is not allowed, and only a vote of this House can change that.

I think I also need to restate that the Government are willing to commit to a serious and rapid examination of what can be done through labelling, to reassure colleagues. It may well be that that would help colleagues to understand that we do intend to promote high standards and high welfare across the UK market. I agree that we must consider the case for consumer choice more fully when we look at this in some detail. I agreed earlier in the debate, and reiterate now, that we will consult on this at the end of the transition period. It is important that we look at how it would affect both the industry and consumers, and indeed retailers. I am keen to take that forward.

I thank my predecessor—now the Secretary of State, my right hon. Friend the Member for Camborne and Redruth (George Eustice)—for making the Agriculture Bill such a great piece of legislation. We will hear from him later, on Third Reading. I would like to gently tease the hon. Member for Cambridge about this. Isn’t it great that we have a Secretary of State who stands up for high standards of British farming; and isn’t it great that this framework Bill, and what has been said by our trade negotiating teams, and indeed by the Prime Minister and in the Conservative manifesto, again and again has reassured that champion for high standards in farming, who is behind this Bill, as I am sure he will tell us very shortly?

I am very grateful to the members of the Public Bill Committee for their diligent scrutiny. It is fair to say that this Bill has evolved, and indeed improved, during its passage through the House. I am so sorry that many of them have not been able to speak in this debate, but I think that given the hybrid nature of the proceedings we have had a pretty good go at discussing the issues that, as the hon. Member for Cambridge said, concerned the Committee.

I would like personally to thank especially our Parliamentary Private Secretaries to the Department. They have been towers of strength at a difficult time, when it is difficult to communicate with colleagues in a way that we would like to and are used to. I express my thanks and gratitude to all the civil servants who have worked on the Bill, especially Nathalie Sharman, the Bill manager, who is in the Box this afternoon.

I thank, more widely, those across the four nations who have worked hard on the Bill to get it to this stage. During the work that we have done in the taskforce for feeding the vulnerable over the past four months, we have worked very closely with my colleagues across the four nations, and I hope that we can continue with that spirit of co-operation as we take these policies forward.

I would also like to thank the Clerks and the House authorities for helping us to make history as the first Bill to be voted on using electronic voting. I hope I have not spoken too soon, Madam Deputy Speaker, and that it works!

This is, as we have said many times, a framework Bill. We have a long, long way to go, and many tests and trials, before the agricultural transition period comes to an end in 2028. I would like to reassure farmers that the Government will support them and ensure that consumers will continue to have access to great-quality British food to eat. We very much hope that that will mean consumers from all over the world.

Farming is more than a job. We must cherish the deep personal connection felt by those who farm the land to the soil and landscape they care for, and build upon it in the reforms that we make. This Bill gives us that framework for the future for farming and for our countryside outside the EU. It will allow us to reward public goods such as environmental improvements, it will support investment in technology and research to improve productivity, and it will help our farmers to produce the high-quality food that they are renowned for and that we all so enjoy eating. I commend this Bill to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now call Simon Hoare to wind up, and ask that his speech lasts no longer than two minutes.

[Simon Hoare]

Thank you very much, Madam Deputy Speaker.

I, too, am grateful to all hon. and right hon. Members from across the House who have spoken in the debate. It has been of noteworthy interest that Members representing both rural and urban constituencies have spoken with knowledge and passion on this.

Let us be absolutely clear: this is the Bill to set out these priorities. In previous iterations, we were told that the previous Trade Bill was not the vehicle and the Agriculture Bill was not the vehicle—in which case, it seems that we are going to try to travel without any form of vehicle at all. That would be rather foolish, so this does need to be in the Bill to give certainty, to give power to the elbow of our negotiators, and to say that the British Parliament thinks that these issues are important and is prepared to stand by them.

That said, there is, as the Opposition Front-Bench spokesman, the hon. Member for Cambridge (Daniel Zeichner), said, much similarity between new clauses 1, 2 and 7. With the leave of the House, I will withdraw new clause 1, in order for the House to have the opportunity to vote on new clause 2. I think the merit of new clause 2 is that it is a Select Committee-authored amendment. I believe that when the other place comes to deal with the Bill, that will carry some weight in their deliberations. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

5.30 pm

The Deputy Speaker put forthwith the Questions necessary to bring proceedings on consideration to a conclusion (Order, this day, and Standing Order No. 83E).

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I put the first Question, I confirm that the final determination is as follows. Remote Divisions will take place on new clause 2, new clause 7, amendment 39 and Third Reading. The Question, That Government amendments 20 to 22 be made, will not be subject to a remote Division.

New clause 2

International trade agreements: agricultural and food products

“(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 that contains provisions relating to the importation of agricultural and food products into the UK unless they have first made a statement confirming that—

(a) the agreement contains an affirmation of the United Kingdom’s rights and obligations under the World Trade Organisation Sanitary and Phytosanitary Agreement, and

(b) any agricultural or food product imported into the UK under the agreement will have been produced or processed according to standards which are equivalent to, or which exceed, the relevant domestic standards and regulations in relation to—

(i) animal health and welfare,

(ii) plant health, and

(iii) environmental protection.

(2) A statement under subsection (1) shall be laid before each House of Parliament.

(3) Before the first statement under subsection (1) may be made, the Secretary of State must by regulations specify—

(a) the process by which the Secretary of State will determine—

(i) that the standards to which any agricultural or food product imported into the UK under a trade agreement is produced or processed are equivalent to, or exceed, the relevant domestic standards and regulations in relation to animal health and welfare, plant health and environmental protection, and

(ii) that the enforcement of standards in relation to any product under sub-paragraph (3)(a)(i) is at least as effective as the enforcement of the equivalent domestic standards and regulations in the UK;

(b) the ‘relevant domestic standards and regulations’ for the purposes of subsections (1)(b) and (3)(a)(i).

(4) The Secretary of State may make regulations amending any regulations made under subsection (3).

(5) Regulations under subsection (3) or (4) shall be made under the affirmative procedure.

(6) In this section—

‘international trade agreement’ means—

an agreement that is or was notifiable under—

(i) paragraph 7(a) of Article XXIV of the General

Agreement on Tariffs and Trade, part of Annex 1A to the

WTO Agreement (as modified from time to time), or

(ii) paragraph 7(a) of Article V of the General Agreement on

Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time), or

(b) an international agreement that mainly relates to trade, other than an agreement mentioned in sub-paragraph (i) or (ii);

‘Minister of the Crown’ has the same meaning as in the Ministers of the Crown Act 1975;

‘World Trade Organisation Sanitary and Phytosanitary Agreement’ means the agreement on the Application of Sanitary and Phytosanitary Measures, part of Annex 1A to the WTO Agreement (as modified from time to time);

‘WTO Agreement’ means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.”—(Neil Parish.)

Question put, That the clause be added to the Bill.

The House proceeded to a remote Division.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The remote voting period has now finished. I will announce the result of the Division on new clause 2 after the House has voted on new clause 7.

New Clause 7

Coronavirus emergency food plan

‘(1) The Secretary of State must, within six months of Royal Assent being given to this Act, prepare and lay before Parliament a document (a “coronavirus emergency food plan”) setting out measures to address the impact of coronavirus and coronavirus disease, and action taken in response, upon the supply of food.

(2) The coronavirus emergency food plan must assess and address—

(a) the matters listed in section 17(2);

(b) the following matters—

(i) the incidence of hunger, malnutrition and food poverty measured (a) nationally and (b) by local authority area;

(ii) the level of demand for emergency food aid and the adequacy of services to meet that demand;

(iii) the availability, distribution and affordability of nutritious and healthy food;

(iv) the ease of access to nutritious and healthy food across different socio-economic groups and communities;

(v) the functioning of the food supply chain, including stock levels of individual food items and any cross-border issues impacting upon the import and export of food; and

(vi) the level of any financial assistance provided by a public authority to farmers, growers and the fishing and fish processing sectors as a result of coronavirus or coronavirus disease.

(3) The plan may take account of information provided in response to a requirement under section 25 of the Coronavirus Act 2020 (power to require information relating to food supply chains), subject to the restrictions on the use and disclosure of information set out in section 27 of that Act (restrictions on use and disclosure of information).

(4) In this section—

“coronavirus” means severe acute respiratory syndrome coronavirus 2;

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

“financial assistance” means assistance provided by way of grant, loan, guarantee or indemnity, and any other kind of financial assistance (actual or contingent).”’—(Luke Pollard.)

This new clause would require the Secretary of State lay before Parliament a coronavirus emergency food plan, within six months of Royal Assent.

Question put, That the clause be added to the Bill.

The House proceeded to a remote Division.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The remote voting period in respect of new clause 7 has now finished. I will declare the result shortly, probably after the next Division.