Agriculture Bill

Lord Faulkner of Worcester Excerpts

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

[Lord Gardiner of Kimble]

My Lords, I am most grateful to all noble Lords for participating in this debate. I particularly thank my noble friend Lady Fookes —the word “tenacity” comes to mind. I think everyone agrees that animals should be slaughtered as close as possible to where they have spent their productive lives. I understand, and indeed share, the sentiments behind this amendment.

Over the last 30 years, EU free trade rules have prevented previous Administrations from taking meaningful action on live exports. Having left the EU, the Government are clear that we want to tackle this issue. However, any restriction on trade must of course be in accordance with WTO rules. We are giving careful consideration to the animal health and public morals exceptions in the design of our policy. My noble friend Lord Randall of Uxbridge used the word “complex”, which is apposite.

The Government committed in their manifesto to end excessively long journeys of animals going for slaughter or fattening. In 2018, along with the devolved Administrations, we tasked the independent Farm Animal Welfare Committee, or FAWC—now actually called AWC—to look into controlling live exports and at what improvements should be made to animal welfare in transport. FAWC produced a report that provides a good basis for future reforms to control live exports and improve animal welfare in transport more broadly, which is also very important.

My noble friend Lord Taylor of Holbeach and others referred to Northern Ireland. Northern Ireland will continue to apply the current EU rules as a result of the Northern Ireland protocol, and so cannot prevent the export of live animals to the EU and beyond. While the amendment recognises that fact, it would regrettably create a loophole which would be detrimental to animal welfare. Animals could be transported from Great Britain to Northern Ireland, rested for a short time in accordance with EU law, and then transported to the EU or a third country. There is also a risk that, to ensure enforcement was possible, we would need to introduce greater restrictions on animal movements from Great Britain to Northern Ireland.

I say to all noble Lords that the Government are actively considering how they will take forward their manifesto pledge. The noble Lord, Lord Trees, asked whether the amendment would hasten this; as I have said, the Government are actively considering how they will bring forward their manifesto pledge to end long journeys to slaughter and fattening, using the FAWC report as a basis for future proposals.

I turn to Amendment 277. While allowed under EU law, the production of foie gras from ducks or geese by using force-feeding raises serious welfare concerns. The domestic production of foie gras by force-feeding is not compatible with our animal welfare legislation. However, this amendment would penalise someone for bringing foie gras into the country for their personal consumption. The individual British consumer or retailer currently has the choice to engage with the product or not. I understand the strength of feeling on the issue, but in the Government’s view the Bill is about reforming domestic agriculture, not introducing penalties to consumers.

As I ask my noble friend Lady Fookes to withdraw her amendment, I hope that she will not suggest that I am weak or vacillating. We are seeking to plot a course through a complex issue to adhere to and achieve our manifesto commitment. With that, I hope my noble friend will feel able to withdraw her amendment.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, I have received no requests from noble Lords to speak after the Minister, so I call the noble Baroness, Lady Fookes.

--- Later in debate ---

Amendment 220 withdrawn.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 221. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and that anyone wishing to press this or any other amendment in this group to a Division should make that clear in the debate.

Amendment 221

Moved by

--- Later in debate ---

I am very happy to talk further with the noble Baroness about her amendment and what we are doing in government. With that, I would be most grateful if she felt able to withdraw her amendment.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, I have received no requests to speak after the Minister. I call the noble Earl, Lord Dundee.

[The Earl of Dundee [V]]

My Lords, on the need for better and clearer incentives to encourage many more new entrants into farming, and as indicated in my opening remarks, I believe that the Scottish Land Commission’s recent recommendations are well worth studying. These set out to provide mutually attractive incentives to both parties, landowners and new entrants, to form farming business contracts together.

I am grateful to the Minister for his response and to all noble Lords for their useful comments. I will look carefully at what has been said and possibly return to the matter on Report. Meanwhile, I beg leave to withdraw my amendment.

--- Later in debate ---

Amendment 227 withdrawn.

[The Deputy Chairman of Committees]

We come now to the group beginning with Amendment 229. 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 the debate.

Amendment 229

Moved by

--- Later in debate ---

[Lord Greaves (LD)]

My Lords, what a pleasure to follow a succession of speakers with whom one agrees almost entirely. I added my name to Amendment 231 as an expression of solidarity with all the amendments in this group, which come to the heart of one of the major problems of the Bill. Okay, we are doing away with cross-compliance from the CAP grants most farms have taken advantage of, and moving to a system where a proportion of farms—perhaps a high proportion—will take advantage of, for example, tier 1 schemes. They will be an improvement on cross-compliance if they work properly, because each one will be tailored to the specific circumstances of that farm. That ought to be an advantage, as it ought to be possible to get the best benefit from the particular and unique circumstances of every farm that takes part.

However, the main problem is that there will be some farms—we do not know how many, but they may be large, efficient farms—that decide not to take part in ELMS because they think they can make a profit in the new environment without doing so, without doing all the fiddly things the Government are insisting on through ELMS. Those are the farms where there is a huge risk of a severe loss of environmental benefit and a severe deterioration of everything good that farms give that people have been talking about—ponds, hedgerows and everything else. I do not think we have had an answer from the Government yet on how they are going to deal with that particular problem. These amendments seek to do it by setting up a system of regulation—if I have understood them properly—that will insist that all farms undertake certain basic minimum things.

The Minister has said on at least two occasions in Committee that under the new system there will be no compulsion, and everything will be voluntary. I am very worried about some of these big, supposedly efficient but environmentally inefficient enterprises that might undermine the whole thing.

[The Deputy Chairman of Committees]

The noble Lord, Lord Cormack, has withdrawn from the debate so I call the noble Lord, Lord Addington.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the case for environmental and agricultural regulation has been set out very clearly by the noble Baroness, Lady Young of Old Scone. It is important that there is an updated regulatory framework. The Agriculture Bill makes radical changes to the way that funding is allocated. The ELMS are very different from direct payments, and it is therefore essential that the framework reflects the thrust of the Government’s intentions. A farm inspection only once every 200 years is pathetic, and indeed dangerous. Bringing the framework in line with the environmental standards that will pertain once the Bill has passed is essential. We cannot have two separate standards, otherwise there will be wholesale confusion. Effective compliance cannot be implemented without an updated regulatory framework; without this, it appears like putting the cart before the horse.

Amendment 230 proposes a new clause to protect hedgerows and gives detail on how this should be designed and implemented. I fully support this amendment, as other noble Lords have. Over the years, since I was a child, I have seen hedgerows ripped out to allow farmers to plough larger tracts of land. This has meant that the feeding and breeding grounds of small birds and insects have disappeared, leading to the disappearance of some iconic species, such as the bullfinch. This amendment seeks to protect the margins at the edges of fields and to reinstate hedgerows. It is important to reconnect with the wildlife that previously lived in our hedgerows and field margins. I believe this is a move in the right direction, and support the views expressed by the noble Lord, Lord Randall of Uxbridge, and the noble Baroness, Lady Quin.

Amendment 231, in the name of the noble Lord, Lord Randall of Uxbridge, seeks to protect water, wells, springs and bore-holes from pollution. The area where I live is covered with natural springs, some of which provide domestic water supplies; preventing the pollution of this water is therefore extremely important. Farmers should do everything possible to prevent poisonous chemicals from entering the watercourses, and this should include pesticides and herbicides. Water is an important, life-saving ingredient in agriculture, and it provides biodiversity. I welcome this amendment and look forward to the Minister agreeing to this.

Amendments 296 and 297 propose a new schedule, which would introduce animal welfare standards for pigs, cows and cattle, give minimum standards of space and give protection to water and soil quality. Intensive farming and livestock management has a downside on both animal welfare and soil quality. I support this amendment and look forward to hearing positive comments from the Minister. I feel a bit sad that I am getting quite excited at the prospect of actually reaching—[Inaudible.]

[The Deputy Chairman of Committees]

She is excited. I call the noble Baroness, Lady Jones of Whitchurch.

[Baroness Jones of Whitchurch]

Yes, we are all excited.

My Lords, I will speak to my Amendments 296 and 297 in this group. I am also speaking in support of the amendments in the names of my noble friend Lady Young of Old Scone, the noble Baroness, Lady Bennett, and the noble Lord, Lord Randall. He has made a significant contribution to this and other debates, and we are grateful to him for raising the issue of protecting hedgerows this evening. It is an issue which many people care deeply about, and a number of noble Lords have reflected that this evening.

Our amendments propose a new schedule to modernise regulations relating to intensive farming and the management of livestock and soil. They fit in with the suite of amendments on the need to create a new regulatory framework regime, which has been expertly introduced by my noble friend Lady Young of Old Scone. As she and other noble Lords have pointed out, the Bill in its current form fails to provide the regulatory baseline which will be lost when we leave the CAP cross-compliance requirements. For example, when we are no longer bound by the good agricultural and environmental condition standards in England, there will be gaps left in relation to good soil management, hedgerow management and the protection of small water bodies.

--- Later in debate ---

[The Deputy Chairman of Committees]

I understand that neither the noble Lord, Lord Holmes of Richmond, nor anyone else listed to speak wishes to move his Amendment 235.

Amendment 235 not moved.

Amendment 236 not moved.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 236A. 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.

Amendment 236A

Moved by