Agriculture Bill

Lord Carrington Excerpts

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

[Lord Campbell-Savours (Lab) [V]]

My Lords, I will speak to Amendments 43 and 61. Although in the form they are tabled, these amendments appear at first glimpse to be making two different propositions, when combined, they produce a very new approach to developing microenterprise. Amendment 43, with its proposal for the local production of agri-foods, and Amendment 61, with its call for subsidised energy costs in selected areas of the agricultural economy, combine to offer a strategy that could greatly aid in the post-Brexit world of import substitution, which we must all want.

The advantage of that approach is that it reinforces an argument that I used to employ in the Commons, years ago, when representing a constituency with high peripheral regional unemployment: you can use energy costs as a tool in regional policy. Cheap energy will always attract footloose, energy intensive enterprise—paper, board and chemicals are good examples of this. If you combine cheap energy availability and labour-intensive micro-agricultural production in the areas outlined in these two amendments, you will create the conditions in which you can influence the movement of investment capital.

I argue that that incentive is as good as any regional development assistance as provided under former assisted area programmes. Indeed, it has an advantage, in that it is not a one-off allocation of grant aid. On the contrary, it can be profiled in such a way as to provide sustainable assistance over the longer term, tapering away as enterprise becomes more established. This form of assistance can be of real value in the development of labour-intensive microenterprise in food and in other areas of the agricultural economy.

I strongly support these two amendments, as they cause us to think out of the box on the use of energy as a regional incentive. I hope that both movers will combine to bring forward a new amendment on Report. Furthermore, I hope that the Government take a new look at the potential for subsidised energy to be of real assistance in the new economy that must now be built post Brexit.

[Lord Carrington (CB) [V]]

My Lords, I declare my interests as a farmer as set out in the register. I support Amendment 12, set out by the noble Lord, Lord Curry. As it says,

“increasing understanding, knowledge and skills relating to the environment, farming, food production, and the impact of climate change on agriculture”

should be in the powers to give financial assistance.

Among the many purposes of the Bill is the aim of revitalising the industry through facilitating retirements, new technology and, most importantly, encouraging new entrants to the industry. As the current generation of farmers retires, we need to replace its valuable skills, and the amendment recognises that. The Agricultural Productivity Working Group, chaired by Sir Peter Kendall, highlighted that issue and called for action to address the low uptake of agricultural skills and training.

EU: Xylella Fastidiosa

Lord Carrington Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we have arrangements with the EU and with the rest of the world, and we are absolutely clear that biosecurity will never be weakened. We will do all that we can on a range of issues, and in the case of Xylella fastidiosa our objective is to keep it out of this country. It is moving in the EU, but it comes from elsewhere. As the Minister for Kew, I am very clear that scientists will work together to ensure that we conquer as many of these diseases as possible.

[Lord Carrington (CB) [V]]

My Lords, what plans do the Government have to introduce country of origin labelling on imported plants and trees, together with the vital dissemination of information on relevant diseases to UK nurseries and distributers?

[Lord Gardiner of Kimble]

My Lords, this is why I am very pleased that the UK Plant Health Alliance steering group is working on a plant health assurance scheme. Working with the industry, the scheme will ensure that there is a secure supply where we cannot supply it ourselves, and that those plant materials are secure. Further, members of the public who want to enjoy their gardens will know that the plants they are buying are healthy. This is a work in progress, but a lot is going on.

Agriculture Bill

Lord Carrington Excerpts

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

[Lord Wigley [V]]

My Amendment 94, which I will speak to solely, addresses a central weakness in the Bill, identified in this debate and the preceding one: the open-ended nature of the powers given to the Secretary of State under Clause 1, which states that money can be used for

“managing land … in a way that … improves the environment”,

or cultural heritage, or mitigating climate change, or improving the health of livestock, presumably including racehorses et cetera. That strikes me as far too open-ended an approach in a Bill that is, after all, an agriculture Bill.

Therefore, later in Clause 1, at page 3, line 12, I propose that these words be added:

“‘land’ means land that is used for agricultural, horticultural or forestry purposes or which is intended to be so used, or used for purposes ancillary to those functions.”

That gives a clear definition, to my mind, of the purposes of Clause 1(1). Without something along those or similar lines—no doubt the wording could be improved—it is far too open-ended. Although the present Minister and Secretary of State would want to work within the confines of the Bill, once it is on the statue book it will be open to all sorts of abuse. I do not think that is the intention of an agricultural Bill and that is why I propose this amendment.

[Lord Carrington (CB) [V]]

My Lords, I declare my farming and land-owning interests, as set out in the register, in particular my receipt of basic payments over the years. I support Amendments 2, 3, 15, 20, 23, 36, 64, 85 and 106, which aim to concentrate this agricultural Bill on farming, horticulture and forestry, with the associated aims of encouraging sustainable farming, strengthening food security, and improving animal welfare, access and the environment. However, we need to consider the starting point and existing situation, if the Bill is to succeed.

Currently, farmers are governed by the CAP and receive area-based payments. Figures show that 25% of farmers are profitable without the BPS. Direct payments account for around 58% of average farm businesses’ income. Figures rise for both beef and sheep. Although it is accepted that area-based payments are going and that payments will be made in exchange for public goods, there is little understanding among farmers of what this means. This is not helped by the almost complete lack of detail. Only 10 days ago, I received the policy discussion document on environmental land management schemes. It says all the right things, but clearly demonstrates how much more is to be done. The low take-up of current environmental schemes is due to them being both complicated and bureaucratic.

Farmers are not a homogenous group of wealthy landowners; nor is land homogenous. Farmers have very different levels of education and expectations of life. The Bill will shock most of them, because so much detail is missing and may not be available until 2024. This brings into question the Minister’s statement that there is a seven-year transition period. We will be clearer about what we are transitioning into only after 2024, which makes it a four-year transition by some definitions. Many farmers will just close their eyes and continue to farm as they know best.

For the Bill to be a success, there needs to be a high take-up of the new ELM scheme, otherwise farming profitability will sink, farmers will go to the wall and important farming skills will be lost. To avoid this awful scenario, ELM details are essential as soon as possible. In particular, we need to know how much farmers will be paid. Area payments have worked well, in the absence of any other reliable measurement, so do not discount them, although they sound like winding back the clock.

Agriculture Bill

Lord Carrington Excerpts

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

[Lord Carrington (CB)]

My Lords, I declare my interests as farmer and landowner, as set out in the register. I broadly welcome this Bill and will confine my remarks to those areas that have been less widely addressed. I start from the premise that this Bill should principally focus on agriculture.

Public money for public goods is an excellent mantra, and support is directed at the range of activities listed in Chapter 1 of Part 1, on which environmental land management schemes will be based, together with measures to improve productivity in the sector and supporting ancillary activities. However, the seven-year transition period becomes a problem if financial and other details are too sketchy for farmers and land managers to have enough information on which to base investment decisions. We know what basic payment will be paid in 2021, but not in the remaining years.

Similarly, we know that the ELM scheme currently being piloted will not be available to roll out until 2024. Absolutely no financial or other information is available to enable farmers to calculate the likely return of implementing a scheme. Remember, without profit there is a risk that they are not taken up and land is abandoned. Without the BPS, 24% of farms make a loss; return on capital in farming is around 1%, well below returns in other parts of the food industry. Farmers need profits to survive. No doubt farmers on good land will thrive without BPS, as will those in parts of the country where diversification can be driven by good location and so on. But those on the poorer land and in less desirable places will really struggle, and many will leave the industry. My first point is to reduce these uncertainties by providing clarification on the remaining BPS payments and early information on the likely financial returns from ELMs. Accordingly, a delay in implementation to 2021 would make sense.

My second point is the issue of skills, which should be covered by a clause of its own, rather than coming in the catch-all clause on productivity. Work is currently being done on this by a group ably led by the noble Lord, Lord Curry. The establishment of an industry professional body to lay down, monitor, measure and advise on common standards is crucial to the industry and requires government funding to underwrite its role. Such an amendment will be tabled.

The proposed five-yearly review of food security is excellent and, once the methodology is established, one hopes that it will become an annual or biannual event. Although not directly specified, the review should cover both skills in the industry and the profile of participants. Currently, farming is characterised by a high average age, with a third being over 65 and only 3% under 35. An unattractive career image, based on low median earnings, needs to be watched.

My final point relates to intervention in agricultural markets. It is very narrowly drawn and excludes exceptional weather events or animal disease. Intervention seems to depend on reduced market prices, although some events could lead to higher prices, which are not available to farmers if they have nothing to sell. I request that the Minister look at widening the definition of intervention.

In farming, there is an old adage: timeliness is godliness. This should be a guiding principle of this Bill, as the importance of food security is increasingly recognised.

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

Lord Carrington Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer and landowner, as set out in the register.

While welcoming the belated decision to abandon the three-crop rule, for many farmers it was too late, as seed had been bought and other input costs incurred in order to comply with the rule. However, this unfortunate episode allows us to draw lessons which should apply to consideration of the Agriculture Bill. In particular, we need to closely look at the clauses governing intervention in agricultural markets. As drafted, intervention largely depends on events which result in actual or threatened market disturbance resulting in reduced prices. What happens if a farmer can neither plant nor harvest due to weather conditions or some other event, but prices rise rather than fall? No intervention can then apply, although the farmer may have nothing to sell. This seems illogical. Both are business risks.

Agricultural consultants Andersons currently predicts a loss due to weather conditions on arable farms of £27 per hectare, before the BPS for the harvest of 2020. Without some form of support in extraordinary circumstances, farming is on a knife-edge. I urge the Minister to look again at insurance in such circumstances, the cost of which could be borne by both farmers and government.

Finally, in an industry with so many risks—environmental and market, to name just two—how can famers plan for the future and make necessary investments to reorder their business when the full details of the reduction of current BPS payments over the transition period, and any details, including all-important cost and financial return information, on the new environmental land management schemes, are still unavailable? Does the Minister recognise the urgency?

Tree Pests and Diseases

Lord Carrington Excerpts

Thursday 13th February 2020 Lords Chamber

[Lord Carrington (CB)]

My Lords, I add my thanks to the noble and learned Lord, Lord Hope of Craighead, and the noble Earl, Lord Kinnoull, for bringing this important debate forward. I declare my interests as a farmer and landowner with woodland under active management.

Last summer, the importance of this debate came home to me when I received a call from the Animal and Plant Health Agency, acting on behalf of the Forestry Commission. It wished to inspect two oak trees for the oak processionary moth. I had bought those two trees earlier that year from a well-known nursery. Happily, neither was infected, but it was a wake-up call. Sadly, it had never occurred to me to ask whether these trees were imported; there was certainly no label to indicate that they were imports. The Forestry Commission was able to track the trees to the nursery, and hence to me, but why is there no requirement for nurseries to inform the purchaser of the country of origin? The Woodland Trust has developed an accreditation scheme for domestically produced trees. Surely this should be widened to include foreign-sourced trees. Also, when purchases are made, it is an ideal opportunity to hand over a leaflet on potential threats to trees. Even as the owner of woodland, I have received no such information. Surely this information should be circulated to all registered woodland owners, together with amenity and countryside groups, schools and universities.

The Forestry Commission’s Public Opinion of Forestry 2019 survey confirmed the public’s high regard for trees and woods and their awareness of pests and diseases, which 65% were willing to report if they had the necessary information. The Government’s 2018 tree health resilience strategy says all the right things and calls for 11 actions in its action plan but, again, how will this be delivered and with what resources? The Woodland Trust’s Observatree volunteer scheme is brilliant but needs to be massively expanded to be truly effective.

Moving on to the trees themselves, although native trees are the subject of this debate, the distinction between native and non-native is no longer helpful in the light of a number of factors, including climate change, Chalara in the native ash and the horse chestnut being placed on the red list. Woodland managers are governed by the Forestry Commission’s practice guide, Managing Ancient and Native Woodland in England, which was published in 2010 and covers the species that may be planted in our ancient woodland. Outcome A from page 27, concerning the species composition of native woodland, states:

“The presumption is that the proportion of the canopy occupied by native species is being maintained or increased. In most native woodland at least 80% of the canopy is comprised of native species.”


I believe this proportion to be restrictive and counterproductive. It also fails to take into account the fact that many existing native woodlands were established using a conifer nurse crop. A more enlightened view of species choice is required and forest service area teams need to be allowed more flexibility in the use of non-native and honorary native species such as black walnut, alder and sycamore, particularly when we cannot replant ash, which accounts for more than 10% of our so-called native species. Climate change needs to be taken into account, as the right reverend Prelate the Bishop of St Albans said. It affects what species we plant and how well they do.

Many years ago, a former chairman of the Forestry Commission told me that it was the best job in the world, as your mistakes never became apparent till you were long dead. I hope we can move on from this depressing statement.

Then there are the pests, in particular the squirrel. This is what the boss of one of the major woodland management companies said to me last week:

“I myself will no longer fell and restock beech in the Chilterns until we have a more certain future for the trees we are planting. Currently we are often simply planting squirrel food.”


Much has been said and will be said about the grey squirrel. We have heard from the noble Earl, Lord Kinnoull, about the work of the Red Squirrel Survival Trust, UK Squirrel Accord and the European Squirrel Initiative, so I can usefully add little, but I would be interested to hear from the Minister about the funding and likely timing of any sterilisation or oral contraceptive plans. Similarly, there is a directly inherited genetic bias initiative for concentrating on squirrel control through encouraging male offspring rather than female offspring, which helps reduce the population. Once again, I believe that funding is a problem and government support would be appreciated. We cannot and should not eliminate the grey squirrel, but the balance needs to be addressed and every option, including the reintroduction of the pine marten, looked at.

The other major pest, of course, is deer. Progress was being made in this area by the work of the Deer Initiative Ltd, which was set up to deliver the outcomes of the Deer Initiative Partnership. It has had a huge impact on creating best practice in deer control and educating people and institutions in the industry. It has also been involved in the Government’s new scheme for environmental land management, which is a crucial part of the Agriculture Bill. Now it is to be wound up at the end of March due to lack of funding. Please could the Minister look at reviving and resourcing the Deer Initiative, which is crucial in the work of protecting trees, flora and fauna.

These points are but some of the challenges we face. Dealing with them is easier in commercial woodland that is professionally managed than in amenity woodlands in the south of England. For such amenity woods, I urge the Government to look at directing Section 106 money resulting from development into their care and maintenance, and to investigate conditions of increased public access, which would potentially result in more local voluntary help in the preservation of our woodlands.

Trade Deals: Animal Welfare

Lord Carrington Excerpts

Wednesday 5th February 2020 Lords Chamber

[Lord Goldsmith of Richmond Park]

I thank the noble Baroness for her question. I agree with her premise: we certainly do not want to find ourselves importing egg products which fall below the standards we impose on our own producers. This Government have made that commitment and there are a number of different ways in which it can be achieved. She mentioned a ban and tariffs. I am afraid it will not be for me in my portfolio to determine which of those options we choose, but our commitment is absolute. We will not allow our producers to be penalised by high standards in the UK, only to be undercut by imports that do not meet those standards. That would be neither right nor fair.

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer as set out in the register. Could the Minister explain the recent remarks by the Prime Minister at the UK-Africa Investment Summit welcoming Ugandan beef into this country without attaching any conditions relating to standards of production, traceability and welfare at slaughter, despite all the verbal and manifesto pledges given by Ministers?

[Lord Goldsmith of Richmond Park]

I thank the noble Lord for his question. The Prime Minister was not saying anything new: Ugandan beef already has tariff-free access to our market. As a less-developed country, Uganda has duty-free and quota-free access for all products, with the exception of arms and ammunition. However, there are currently no imports of Ugandan beef because it does not meet the standards applied on imports into the European Union or the standards that will be required now that we have left the European Union. The situation therefore remains exactly the same.

Brexit: Food Standards

Lord Carrington Excerpts

Wednesday 4th September 2019 Lords Chamber

Asked by

[Lord Carrington]

To ask Her Majesty’s Government how they will ensure that food imports after Brexit meet the same animal welfare, environmental and food safety standards as those required of food from British farmers.

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

My Lords, I declare my farming interests as set out in the register. This country has high food safety standards, and these will continue. We will remain global leaders in environmental protection and animal welfare standards, maintaining our high-quality produce for British consumers. The withdrawal Act will transfer on to the UK statute book all EU food safety, environmental and animal welfare standards. Our current high standards, including import requirements, will apply when we leave.

[Lord Carrington (CB)]

My Lords, I also declare my interests as a farmer, as in the register, and thank the Minister for his reply. The Government have consistently said that they will not allow our food standards to be undermined by future trade deals, such as that proposed with the United States of America. This is reassuring, but regardless of any future trade deals, how do they propose to do this in light of the no-deal applied tariff schedule published last March? That would mean slashing tariffs on many agricultural goods, to zero in the case of eggs and cereals. How will the Government keep out goods produced to lower standards, especially as to do so on grounds of animal welfare and environmental harm would almost certainly breach our obligations under the WTO terms?

[Lord Gardiner of Kimble]

My Lords, as I referred to briefly in my opening remarks, we will retain all current UK import requirements. Existing UK import standards will apply. The level of a tariff does not change what can and cannot be imported. WTO rules allow WTO members to adopt and maintain trade-restrictive measures on specified public policy grounds, including the protection of human, animal and plant life and health, public morals and conservation.

Soil Health

Lord Carrington Excerpts

Monday 8th July 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, as part of the England Peat Strategy, and the research we are undertaking feeding into it, we are also establishing a lowland agricultural peat task force. The Adaptation Sub-Committee of the Committee on Climate Change has suggested that there is a loss of peat soils, particularly in the East Anglian fens—where there is big production of food—but I also commend Slowing the Flow at Pickering, another example of what we do in restoring the natural ecosystem and managing flooding.

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer, as set out in the register. As the Minister knows, soil is in private ownership unless the land is publicly owned. Accordingly, the Government need to make protection of the soil a public benefit under the Agriculture Bill for their policies to be successful. That entails management and measurement of the actions introduced to improve the soil and the land concerned. As with the technical solutions on the Northern Irish border, farmers are not aware of any tested measurement tools that would achieve this.

[Lord Gardiner of Kimble]

My Lords, in a number of earlier replies I suggested that work on this is ongoing. A considerable number of farmers across the land are involved in tests and trials, which will be rolled out. In providing public money for public benefits, we need to ensure that they hit the optimum. Obviously, the farmers want the optimum, but in the investment of public money, we also need an optimum in terms of the restoration and enhancement of the environment.

Kew Gardens (Leases) (No. 3) Bill [HL]

Lord Carrington Excerpts

2nd reading (Hansard): House of Lords
Tuesday 7th May 2019 Lords Chamber

[Lord Carrington (CB)]

My Lords, I will not repeat the tributes made to Kew or restate the value it has given to this country. However, I warmly endorse the purpose and content of this short Bill, although it is a pity that the background information on the property portfolio affected by the Bill and the associated financial liabilities have not been fully identified and described, as to my mind this would assist Members in seeing the significance of the Bill and the likely beneficial effects on the public purse.

As in all culture and heritage matters, the importance of securing stable funding and managing cost is paramount, as institutions such as Kew Gardens—and there are many like it—nearly always rely on the generous sponsorship of the likes of the National Lottery Heritage Fund, Defra, the Arts Council, et cetera. Their resources are inevitably limited, however much we may wish otherwise, so every effort needs to be made by the management and trustees of these institutions to investigate and generate other income, either from within or from benefactors.

In the case of Kew, it is clear that by offering leases of up to 150 years for residential and commercial properties under its control, it can attract substantial capital sums. The decent length of leases enables and justifies expenditure on much-needed refurbishment, which in any event becomes the responsibility of the lessee under the terms of their lease. Of further benefit to all concerned is the ability to attract mortgage and other bank finance, which was scarcely available with short-term leases. The lessee can therefore afford to pay more and to spread the financial cost over many years.

To demonstrate just how significant the effects of this Bill will be, it would have been nice to see some more detailed projections of capital receipts and deferred expenditure than the bald figure of £40 million in the first 10 years. No doubt management and trustees have this information, as it will play a large part in determining the requirement for future grant in aid from Defra, which currently appears to be £41 million or 35% of total income.

The Bill enables many of the issues identified in the House of Commons Science and Technology Committee report to be satisfactorily resolved. Despite the lack of information on the property portfolio and the financial benefits provided by the Bill, I give it my warm support.