Agriculture Bill

Debate between Lord Duncan of Springbank and Lord Flight

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[The Deputy Chairman of Committee (Lord Duncan of Springbank) (Con)]

The House will be pleased to know that we are returning to the noble Lord, Lord Flight.

[Lord Flight [V]]

My Lords, I apologise for my computer not working properly.

It will be a tragedy if British agriculture suffers rather than benefits from Brexit. It appears that aspects of the Bill are not helpful to British agriculture, although it gives us the ability to restructure in our best interests. I was concerned to see Country Life, of all magazines, with headlines like

“British farming sold down the river”


and comments such as

“What a way to repay our farmers, by importing lower-standard products that steal their market”.


Is the Bill, with its many amendments, good or bad for our farmers? That seems to be the fundamental question. Defra Secretary George Eustice has insisted on upholding high welfare and safety standards and insists on the same welfare and food safety rules for imports as there are for our own farmers’ products. We need to put into law what Michael Gove promised when he was at Defra: namely, that Britain would lead the world in animal welfare and food safety.

But it now appears that we are going into trade negotiations having told other countries that we will not insist on either proper agricultural standards or environmental rules, so British farmers will be required to meet higher standards than pertain in other countries and will compete with food and goods exported by those who carry none of the same costs. Liz Truss is rightly pushing for free trade deals with the US and Brazil, knowing that the easiest way to achieve them is to signal her surrender on food exports. If that occurs, though, what a way to repay our farmers if we are importing goods or foods that steal our markets through lower standards and subsidies.

But are we misunderstanding the Bill? Is it not a trade Bill but rather a domestic Bill? It establishes a legalistic framework by which we can create a new system for supporting our farming industry post Brexit. The Bill also sets out a list of activities that could be supported by the Secretary of State. There are prescriptions for reforming our agricultural markets in line with farmers’ objectives. The key issue is to ensure that cheap goods and food imported to the UK do not undercut UK food production costs and standards. Arguably there should be a ban on food imports that do not meet UK standards. What is needed is for the Government to set out how and where this legislation is a friend to our farmers and how we can prevent unfair competition.

Insolvency (Amendment) (EU Exit) (No 2) Regulations 2019

Debate between Lord Duncan of Springbank and Lord Flight

Monday 30th September 2019 Lords Chamber

[Lord Flight (Con)]

My Lords, the UK has a great advantage over most European economies and the US when it comes to effecting a sorting out and recovery of a business that is failing. Can the Minister confirm that whatever EU rules we may be moving in tandem with will not damage our advantage in sorting out businesses?

[Lord Duncan of Springbank]

My Lords, this has been a short and relatively sweet debate in some respects. There seems to be a recognition that these modest adjustments are necessary, primarily as a consequence of the earlier date not being met. I suspect there is a question about reciprocity. Let me tackle that head on. One of the challenges we have here, even allowing for the legislation made in the other place, is that the situation regarding the EU depends upon the EU. We cannot provide for what it will do in these circumstances. That is why we must be absolutely certain that in any circumstances in this area of insolvency we are legally sound and entirely correct. It would be wrong to do otherwise. However, it is important to stress that if we secure a deal, these regulations will become moot. We will not be pursuing them in that regard, so we will end up in a transition period and then, I do not doubt, the future relationship will examine a number of these aspects and we will see a very different outcome. However, these regulations are necessary. We have spoken with a number of bodies representing those responsible for insolvency to ensure that they are content with the way we are taking this forward.

In relation to some of the points raised by the noble Lord, Lord McNicol, we have looked at this very carefully to establish exactly where the costs rest. Had they been above the £5 million threshold, of course we would have done a full impact assessment. The current assessment is that the figure is £2.7 million and therefore it does not fall into that category. We have done a thorough consultation to ensure that there is no risk whatever that this will suddenly conflagrate beyond that.

As to timing, the noble Lord rightly pointed out that the Scottish Government moved forward its legislation in April, just after the previous proposed exit date. It is not a question of dawdling on our part, but of trying to put these two things together and move them forward, and we would have done so before that exit date in October because it would be necessary to do that. As to the level of consultation with the Scottish Government, it will not surprise noble Lords that we did a thorough consultation with them. One of the Scottish Parliament’s committees did an investigation and affirmed that this was the right approach. We spoke to several bodies in Scotland about this. The changes we are making at this point are relatively modest. They correct the legislation which emerged after 31 March to make sure that it is legally sound. It could not have been done before then because at that point we were not sure what was going to happen by that date, so the legislation could not anticipate the situation in which we ultimately found ourselves. I think the Scottish Government are relatively content, but I am quite happy to provide more information, should that be required, on the official level of engagement that has taken place.

The noble Lord, Lord Fox, made a point about the wider insolvency framework and touched on the balance of powers in respect of authorities. He will be aware that a review in 2016 looked at this. I believe that out of that, some of the issues the noble Lord has raised will be addressed looking at international best practice. We will look at European best practice. It would be foolish not to, given that we are so often involved in cross-border insolvency matters. I expect that in years to come we will see a very different approach to how we examine the wider insolvency question, while also keeping pace with where the EU finds itself.

Both noble Lords asked whether there are any more no-deal SIs. The answer is, not from me. I hope that is the answer they are looking for. I am probably going to have correct that if it is not true. I am nearly certain: not from me, and if I am wrong, I will confirm that later. The important thing to stress is that much of the work I have done today and last week was modest adjustments primarily resulting from the adjustment to the date. It is not my intention to bedraggle you for much longer.

--- Later in debate ---

[Lord Duncan of Springbank]

Absolutely—the modification is with us. However, the point is that broadly the tests are part of retained EU law and we have made the adjustments to make sure that they are compliant with our own statute book.

[Lord Flight]

My Lords, will these changes in any way damage the superior insolvency legislation that this country has at present?

[Lord Duncan of Springbank]

My noble friend is right to remind me of a point that I had almost overlooked by gazing at the Benches opposite. No, it should not damage that legislation. In fact, the UK is a good jurisdiction in which to address insolvency issues. I think that that is widely recognised in the EU and around the globe. We have an advantage there, and if we can maintain that advantage, this will be a place where such law can be made and we can maintain our leadership credentials. On that basis, I would be content to move forward with the regulations.