Trade Bill

Debate between Lord Bishop of St Albans and Lord Inglewood

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Grand Committee

[The Lord Bishop of St Albans [V]]

My Lords, I plan to say a few words on Amendment 20, moved by the noble Lord, Lord Grantchester. I am also sympathetic to Amendments 23, 25 and 26.

Food production and environmental standards, as well as the safety that they enshrine, are crucial to a healthy agricultural sector that seeks to mitigate the dangers arising from poor practices and the low-quality products they produce. Ensuring continuity has been a big priority for a number of Members. Issues surrounding the responsible administration of antibiotics to livestock, for example, are not national issues but global public health ones. Despite the Bill covering existing trading arrangements, we should not forget that the raison d’être for leaving the European Union was the assertion of our sovereignty. It is therefore right that the existing arrangements, conducted while we were in the EU, ought to be scrutinised by the relevant departments to ensure that the UK does not inadvertently undermine measures to achieve reductions in the risk of disease or contamination—or, indeed, targets for antibiotic reduction.

This by no means seeks to discredit trading arrangements made while we were in the EU, which I am confident already abide by the regulations set forth in Amendment 20. However, the scrutiny put forward in this amendment will guarantee this and ensure that the UK reinstates its commitments to the environment, food standards and a safe and healthy agriculture sector globally through its existing trading partners. I look forward to hearing what reassurances the Minister can give us on this group of amendments, particularly on whether there is some way in which the broad drift of what many of them try to get at can be brought back in the hope that we do not have to table specific amendments on Report.

[Lord Inglewood (Non-Afl) [V]]

My Lords, I am pleased to speak to these amendments because I believe that each and every one of them is important—not least because of their implications as much as their substance, which matters a lot. After all, the legislation around which they are drafted was made entirely properly via the so-called community method, endorsed by Parliament during our membership of the European Union. As a result, they are as legitimate a piece of law as any domestic statute.

When we left the European Union, it was entirely sensible to slide the then acquis directly on to the domestic statute book and to add a provision enabling amendment by statutory instrument. After all, there is a need for all kinds of consequential adjustment. But it does not follow from this that they have to be amended by statutory instrument, merely that they can be. Equally, perhaps, they can as effectively be amended by Act of Parliament.

Clearly, too, when we left the European Union, the power that Parliament bestowed on the Union in respect of international agreements fell away. This means that such international agreements now again revolve around the use of the royal prerogative. However, as has been pointed out on many occasions, the character of the interdependent world in which we now live means that binding international commitments have a much bigger impact on this country than much domestic legislation, which of course is why the CRaG Act was put on the statute book. The reality is, as many people have pointed out, that the procedures under the CRaG Act are a shadow of substantive full parliamentary procedures in terms of scrutiny, checks and balances, transparency and so on, not least because the crucial international decisions are essentially completed before and not after UK parliamentary deliberation, and by then it is a bit late.

The reality of the world that we live in is that Parliament is given Hobson’s choice. In my mind, for serious, wide-ranging legislative change, that is very undesirable and comes about because of a congruence of our leaving the EU and the role of the royal prerogative. Its effect on legislators and the public is substantial in terms of diminution of their involvement, and scrutiny of what is going on. That is one thing for minor technicalities, but not for major policy changes.

The Government have argued this afternoon that they have made promises in respect of a whole range of these things. Of course they have, but, equally, it was interesting that the Chancellor said earlier today that he would try—I repeat, “try”—to deliver as many manifesto promises as he could. Already there is a bit of a let-out there. And let us be clear: it is not unheard of for Governments to change. After all, I think we have had four in the last five years and, dare I say it, sometimes promises are broken. While it is convenient for Ministers to have Parliament rubber-stamp their wishes, it is not Parliament’s role to do so. Rather, we should deliberate on and then accept, refuse or amend the Government’s proposals—and that is slightly different.

The bulk of the amendments in this group reinforce Parliament’s role in developing agricultural and/or food law. It is difficult to think of anything more important domestically than the quality, wholesomeness and origins of the food that we eat here, be it from the perspective of human physical and mental health, its impact on the NHS and public expenditure or its impact on land management and the environment across the country. In a properly organised world, I suggest that significant changes in respect of these matters merit full parliamentary scrutiny, and at least the amendment is a move in the right direction.

The environment and climate change are in the same category. After all, all carbon emissions, wherever they may originate, do not respect national boundaries, and the effect of excessive emissions, regardless of where they originate, is in general terms a bit like putting the whole globe into a microwave.

On top of all this, where proposed domestic change to ex-EU legislation involves breaches of international legislation—something which it is clear from the events of the last few weeks that the country does not like—I do not believe that the Government should be able to proceed towards that unless either the proper international withdrawal legal procedures have been followed or they have first had express parliamentary authority to proceed.

These amendments do not go as far as I would like, but they are a real step in the right direction.

Agriculture Bill

Debate between Lord Bishop of St Albans and Lord Inglewood

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

[The Lord Bishop of St Albans [V]]

My Lords, I will say a few words about the transition period and, in particular, in support of Amendments 150 to 154 in the name of the noble Baroness, Lady Rock, which have the support of the National Farmers Union and the noble Earl, Lord Dundee, among others.

These amendments focus on funding during the transition period and touch on the vital importance of maintaining food security during the period when we are moving over to the new payment scheme. Cash flow is a major problem for many organisations, and in some cases it has been a factor in businesses, and indeed farms, going bankrupt. It has become a huge problem during the Covid-19 lockdown, and it threatens many people’s livelihoods. It has also been an ongoing problem for farmers, who have sometimes had to wait long periods before receiving payments. We know that any new systems need time to bed in, so these amendments make allowance for any problems in the implementation of the new scheme, and I support them.

I am also supportive of Amendment 149 in the name of the noble Duke, the Duke of Wellington, and the noble Lord, Lord Greaves, as are number of your Lordships. I look forward to hearing the Minister’s response on the need to take special care of small farmers and less favoured areas where farming is extremely vulnerable, which need our support during this time.

[Lord Inglewood (Non-Afl) [V]]

My Lords, I declare my interests as in the register. I will speak briefly to Amendment 146 but will refer in passing to quite a number of other amendments.

Before the CAP was even a glimmer in the eye of the founder of the European Union, the agricultural sector was operating in a regulated marketplace, which makes it quite different from almost all other kinds of business and commerce. In such a marketplace there is a need for all those involved to have a degree of certainty, which is as important from the Government’s perspective as it is from the agricultural sector’s. The parties need to know what the lie of the land might be, if I may put it thus. That is why Clause 4 is so important, because it sets the framework of the way the land lies for the transitional period and points to the world beyond it.

It seems that the problem surrounding Clause 4 is essentially twofold. First, the process of Brexit has been so drawn out that the length of time to effect a seamless move to the new era is too curtailed for it to be achieved as originally envisaged. Secondly, the coming into being of the ELMS—the environmental land management scheme—which was intended to replace the basic payment scheme, has been so delayed, as a number of noble Lords have said, that it is no longer available for farmers and land managers to transition into it and into the new economic and agricultural environment, which is the heart of the new era. As well is it seeming inherently unjust, it is not part of the basic political and policy proposition that was put to the British people as to how we left the CAP.

Moreover, there is a real risk that it may end up causing a muddle in terms of public policy outputs. If you oversimplify it, under the basic payments scheme, the public goods which the state paid for were farming, and everything else was a kind of bolt-on extra. We are now moving into a brave new world where everything else is public goods and food production is a bolt-on extra. That is quite a turnaround.

Against that background, there is, as several noble Lords have said, a chasm—or what might be described as the valley of the shadow of death—that lies between the two eras and into which a significant amount of both farm businesses and land may fall. This will get in the way of implementing the policies we are discussing; indeed, it may put certain parts of them into reverse.

Although, as the noble Lord, Lord Lucas, said on a previous occasion when discussing the Bill, we must not be frightened of failure, surely the underlying intended purpose is to effect a successful transition from the old to the new. That is why the amendment of the noble Lords, Lord Carrington and Lord Curry, is important, as is that of the noble Baroness, Lady Rock, because they recognise, as was recognised by the noble Lord, Lord Clark of Windermere, that things may not actually turn out as planned and intended. You need to build into your system a way of modifying your arrangements, and an escape route.

It is clear from our discussion of this clause that the present transitional process is flawed, and those flaws need ironing out, because if we are to make a successful journey from the old world to the new, we have to get to the destination in one piece and not have a car crash.