Fisheries Bill [HL]
Lord Gardiner of Kimble ExcerptsThursday 12th November 2020
(5 years, 8 months ago)
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Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendment 1.
“(2) The “sustainability objective” is that—
(a) fish and aquaculture activities are—
(i) environmentally sustainable in the long term, and
(ii) managed so as to achieve economic, social and employment benefits and contribute to the availability of food supplies, and
(b) the fishing capacity of fleets is such that fleets are economically viable but do not overexploit marine stocks.”
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the Government recognise the intent of this House in focusing its attention on environmental sustainability. The Bill recognises the complexity and challenges of fisheries management and sets a framework that ensures that sustained environmental progress goes hand in hand with social and economic considerations. I should highlight some actions that Defra is undertaking that focus on environmental sustainability.
The Marine Management Organisation has issued a call for evidence on fisheries management measures for five marine protected areas to be implemented next year. Industry recognises the importance of sustainability and wants to work in partnership, as shown when it raised concerns about a scallop fishery on the Dogger Bank. Following constructive discussions with all four Administrations, the area was closed to conduct scientific surveys and provide increased protection to the stock in the area. The National Federation of Fishermen’s Organisations stated that
“without a functioning ecosystem and policies which limit fishing to safe levels, there will be no fishing industry.”
The Cornish Fish Producers Organisation said that,
“it is simply bad business sense to ‘bankrupt’ fish stocks—a healthy marine environment is the cornerstone of the UK’s fishing future.”
We have previously discussed the Bill’s fisheries management plans. They are an important demonstration of the Government’s commitment to improving the marine environment. There are clear obligations for consultation, reporting and review of the plans, providing opportunities to hold the Government to account. We are already working with the shellfish industry advisory group to support its initiative to develop management plans for crabs, lobster and whelks. These valuable stocks currently have little management, so it is right that we prioritise these plans.
I will now address specific elements of Motion 1A. Lawyers advise me that removing “in the long term” would introduce significant uncertainty and hence legal risk to our policy development. Any fisheries management policy or measure could be challenged if there was potential for it to affect environmental sustainability. There are inevitable short-term impacts from development of aquaculture systems or port infrastructure that are managed through the planning and licensing process. The amendment could potentially prevent any further development to support coastal regeneration. We are clear, too, that to ensure long-term sustainability we must make progress in the short term. That is why in my prelude to my remarks on the amendments in the group I set out some of the work currently under way.
Turning to Amendment 1B, the United Kingdom has a well-established vision for clean, healthy, safe, productive and biologically diverse oceans and seas. The Marine Strategy Regulations 2010 require the Government and the devolved Administrations to produce a UK marine strategy for our seas to achieve good environmental status. This is a transparent, evidence-based process, drawing in the best available science on the condition of our marine environment. The Bill’s fisheries objectives link to the Marine Strategy Regulations.
Clause 2(1)(c) requires fisheries policy authorities to explain
“how the fisheries objectives have been interpreted and proportionately applied in formulating the policies and proposals”
as part of the joint fisheries statement. This explanation will, of course, rely on scientific evidence. The statement will include an explanation of how the fisheries policy authorities have sought to balance the individual components of the fisheries objectives, including the three elements of the sustainability objective, and the reasons for the fisheries policy authorities believing that the approach outlined in the statement represents the most appropriate way of meeting the sustainability objective, alongside the other objectives. I should also say that six of the eight objectives are environmentally focused, all of which will help deliver sustainable fisheries.
The joint fisheries statement will be subject to public consultation and parliamentary scrutiny, report its progress every three years and be reviewed at least every six years. This means that the statement on the proportionate application of fisheries objectives will be reviewed at these points too, with the necessary public consultation and scrutiny. This provides future accountability beyond this Government. Future policy development will be a collaborative and transparent process. Fisheries management plans will also be subject to public consultation. I hope that noble Lords, and particularly my noble friend Lord Randall of Uxbridge and the noble Lord, Lord Krebs, will accept that I absolutely understand what they seek to achieve. We all share the overriding objective of a vibrant marine environment.
Amendments 3 and 4 deal with the removal of the national landing requirement clause and the quota for new entrants and the under-10s respectively. The Government recognise the strength of feeling across both Houses in ensuring that the UK benefits from fish caught in its waters, and that quota is distributed fairly. Last month, consultations were launched on both matters. The economic link and quota allocation to industry are devolved matters, and while the Government engage with their devolved counterparts on policy across the UK, I will necessarily focus on what we are doing in England at this point.
The key features of our proposals in our consultation on strengthening the economic link are to set a landing requirement of at least 70%, and for vessel owners to make up any shortfall in reaching that percentage of landings through quota donations. Quota donations are part of the existing economic link and they benefit the inshore fleet. This strikes a good balance where higher levels of landings will benefit UK ports and the wider economy, while ensuring that in most cases businesses can continue to operate using existing models.
The Government also consulted on future quota allocation and management in England in October. We sought views on whether a reserve of quota for new entrants should be established and how this could work. We will be working with industry in 2021 and beyond to develop jointly and implement solutions to this important issue.
Lack of quota is not the only challenge holding back new entrants into this industry. The Government are also working with Seafish and a range of training partners to offer apprenticeships across the UK on a range of subjects.
The consultation also sought views on how we should fairly allocate additional quota between sector and non-sector pools. The non-sector pools include under-10-metre vessels. The consultation sought broader views on quota management in future, and it sought expressions of interest for piloting community quota management schemes. Defra officials had a number of constructive and positive conversations with various members of the under-10-metre fleet about these initiatives.
Amendment 14 removed Clause 48 on remote electronic monitoring in UK waters, and Amendments 14A and 14B would reinstate that clause, made specific to English waters and vessels. I recognise the importance that your Lordships, and particularly the noble Lord, Lord Teverson, place on the benefits that REM can deliver and the need to make progress in expanding its use. I also welcome his helpful submission of evidence on behalf of the EU Environment Sub-Committee.
Monitoring and enforcement is devolved and the noble Lord’s amendments recognise this, but the fact that the previous clause removed by the Commons overstepped devolution was not our only concern, as has been made clear in both Houses. The noble Lord’s amendments would restrict us to specific management measures on a particular timescale. Existing powers in the Bill will allow us to implement REM, but with the flexibility to develop tailored management approaches. Our view it that a one-size-fits-all approach would be a return to the inflexibility of the common fisheries policy.
REM has benefits. Existing studies have shown that it can be an effective enforcement tool, but we agree that it can be used to build a better scientific evidence base as well. The Government also agree with those who have successfully rolled out remote electronic monitoring elsewhere that it is much better to do it with the industry, rather than to the industry.
That is why, on 19 October, Defra launched a call for evidence on expanding the use of remote electronic monitoring in English waters. This action has been welcomed by many environmental groups, including the Marine Conservation Society. The discussions on the call for evidence have shown a wide range of views. The evidence we gather will help us design the detailed options for expanding REM in the right way. In the first half of next year, we aim to have launched a consultation on these detailed options for rolling out increased use of REM. Defra will also work closely with all nations of the United Kingdom to develop a coherent approach to REM, while fully respecting the devolution settlements.
I hope that the noble Lord, Lord Teverson, who I know wants to make progress on this—we all do—will accept the Government’s intentions and current work. This is about how we take this matter forward.
The Government have made clear commitments to exploring issues raised in your Lordships’ House with industry and other stakeholders through consultations and calls for evidence. Defra is already taking important action to improve the marine environment, which I very much hope noble Lords will welcome. With those remarks, I beg to move.
Motion 1A (as an amendment to Amendment 1)
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have spoken in this fairly wide-ranging debate. I am particularly grateful for the kind and generous remarks that have been made.
I say to the noble Baronesses, Lady Bakewell of Hardington Mandeville and Lady Jones of Whitchurch, that sustainability is at the heart of the Bill. I think that the work that we have all done together on the Bill shows a spirit of ambition—my noble friend Lord Caithness used the word “ambitious”. I hope that the noble Lord, Lord Teverson, will be satisfied that the opportunities will be as this comes into fruition. I do not think that we have missed opportunities in terms of legislative provision. The key and the test of all this is what this framework Bill will do to the marine environment, out there in the seas and oceans. That is when we all be judged—Governments, the industry—and when we will be able to see that fish stocks are recovering; indeed, that more fish stocks are recovering.
It is interesting that my noble friend Lord Randall spoke about the reference to “long term” and not wanting this, but the noble Lord, Lord Cameron, rather liked it. Our clear ongoing commitment, setting out how the fisheries objectives will be applied, is provided through Clause 2(1)(c), as I said. I repeat that this will be reviewed and updated with each iteration of the joint fisheries statement, which will be laid before Parliament and consulted on. There will be regular scrutiny of our ongoing commitment to ensure that today’s fishers’ grandchildren enjoy the benefits of a healthy and productive marine environment, with sustainable fish stocks that support a thriving fishing industry and vibrant coastal communities. I know that that is the objective of us all. I repeat: removing “in the long term” from Clause 1, as proposed by my noble friend Lord Randall, will introduce significant legal uncertainty and, we believe, hinder our policy development.
The noble Lord, Lord Cameron, asked about IVMS and REM. My understanding is that inshore vessel monitoring systems are a satellite-based monitoring system and enforcement tool that provides an accurate picture of the fishing location and activity of the under-12-metre fleet. Following public consultation in early 2019, the MMO is putting plans in place for IVMS to be rolled out to all licensed British under- 12-metre vessels operating in English waters. The date of implementation is not expected to be before late 2021. The devolved Administrations are all currently working on IVMS projects for their respective under-12-metre fleets. In comparison, REM includes integrated onboard systems of cameras, gear sensors, video storage and global positioning system units that capture comprehensive video of fishing activities. As I have highlighted, we do not want REM to be exclusively and alone an enforcement tool; we think that there are many other attributes of that system.
I know this was a point all noble Lords were concerned about, but I will flag up the noble Lords, Lord Teverson and Lord Cameron, who asked for a date for REM implementation. I particularly refer to my noble friend Lady McIntosh in saying that we are already using REM. The Government are clear that we will be consulting on increasing the use of REM in the first half of 2021, with implementation following that. I am not in a position to give a precise date today for when this will be implemented, but I can absolutely say—and I want to put this on the record—that the Government are absolutely seized of the importance of REM. Indeed, other technologies may come along in the future that will also assist us with all the things that we hope and intend that REM will do, as I have described. However, I understand and accept that everyone wants action on this; I share that feeling, as do the Fisheries Minister and the Secretary of State.
I welcome the comments of my noble friend Lord Randall and the noble Lord, Lord Krebs, who highlighted the importance of transparency in quota setting. I agree with them, and that is why we supported my noble friend Lord Lansley’s amendment on Report, which provided further transparency about the criteria used by setting this in the Bill. These amendments also made clear the link between the fisheries objectives and quota distribution through Clause 22. That means that the fisheries administrations will need to explain, through the joint fisheries statement, how their policies on quota allocation contribute to the achievement of the fisheries objectives. As I have said, six of the eight are environmentally focused.
The Secretary of State’s determination for UK fishing opportunities will be required to be laid before Parliament under Clause 25(2) in the version of the Bill that went to the House of Commons. This will be an additional opportunity for scrutiny not previously available under the EU system. There is still more that we need to do to achieve our ambitions for the marine environment. The Government are already taking action through our work to implement the joint fisheries statement and the fisheries management plans. The Bill will put in place the framework to make that action even stronger.
I received some questions. If there are any that I do not answer fully enough, in my opinion, I will write to noble Lords, but I hope I have answered most of them. The noble Lord, Lord Teverson, asked about foreign-owned vessels and the economic link. Foreign-owned but UK-flagged vessels will continue to be allowed to fish in UK waters. They will need to meet the economic link criteria, as all UK vessels must. In England, our consultation proposes strengthening these criteria, realising an ever-greater benefit from these boats.
The noble Lord also asked about REM. We are clear that it is a route forward, and we want to make sure that its uses can be maximised beyond enforcement, as I said. My noble friend Lord Caithness made a point that I addressed in my earlier remarks: I think we all agree that it is much better that we work with industry to get this done because that is how we will have the right arrangements to ensure that the fishing industry—this is why I quoted those remarks from Cornwall and elsewhere; it is something that we increasingly need—sees the quest for sustainability as the heart and soul of what it is doing.
My noble friend Lord Lansley referred to negotiations. As the Bill is negotiations-neutral, for me to start speculating on any deal may not be helpful to your Lordships today. Our quota consultation makes clear that we want to do something different with additional quota so that it is not distributed through FQA units. In relation to fleet capacity, currently managed by restrictive licensing and quota allocation, we believe that the fleet could catch additional quota with no need for expansion.
The noble Lord, Lord Teverson, asked about the National Security and Investment Bill. I will make sure that that point is put to my colleagues, but I am afraid I am not in a position to opine on it myself. My noble friend Lord Caithness asked about buy-back. The quota consultation asked for views on different ways of distributing additional quota negotiated. This relates not to a buy-back scheme but to different ways for fishers to access quota in the future. The noble Lord, Lord Cameron, asked about the “national benefit objective” in Clause 1, which will require the fisheries administrations to set out their policies for achieving benefits for the UK from fish caught by UK boats—a clear reference to the economic link.
My noble friend Lady McIntosh asked about port development. My understanding is that this is subject to habitats and other regulatory regimes. Plans are also subject to environmental assessment.
The noble Baroness, Lady Bakewell of Hardington Mandeville, rightly asked about new entrants. I should have said that it is not just fishers’ grandchildren but their children whom we want to be engaged in this sustainable harvest, with excellent food coming from our waters. Helping to safeguard the industry’s future by encouraging new entrants is very important. We will look at how we can best work with industry to encourage that as part of our work to reform the fisheries management regime.
There was also a reference to the landing requirement. I have to mention carefully the helpful comments and messages that we—or other noble Lords—sent to the other place. On the point about landing requirements, we have brought forward this consultation on the proposal to increase the landing requirement to 70% to incentivise a higher level of landings into the UK and to ensure a stronger link between vessels fishing UK waters and the UK economy. This figure has been chosen because we believe it strikes the right balance between the need for a strengthened link and recognition that it is appropriate for some vessels to land their catch outside the UK, while demonstrating an economic link through quota donations. As I said, we are seeking views in our consultation on the appropriateness of the 70% figure.
I will look at Hansard, but I want to confirm, so there is no ambiguity, that I absolutely recognise the points all noble Lords have made in their amendments. It is why I set out in my opening remarks some of the action that is already being taken in the short term, as with Dogger Bank and shellfish. It is not that we want to be doing these things in years to come; we need to be doing them now, and we are doing them now. We need to work progressively so that, in our waters at least, we have a sustainable harvest with a sustainable environment, not just for the harvesting of the fish that we want to eat but for the entire ecosystem, which is clearly a key priority and responsibility of the UK Government. For those reasons, I beg to move my amendment.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, I have received no request to ask a short question of elucidation after the Minister. Does any noble Lord in the Chamber wish to contribute further? In which case, I call the noble Lord, Lord Randall.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendment 2.
Lord Gardiner of Kimble (Con)
My Lords, as your Lordships will have seen in my letter of 3 November to all Peers, the House of Commons agreed a number of changes to the Bill. I hope my letter was helpful in setting out the reasons for those changes.
Amendment 2 extends the timeframe for the publication of the joint fisheries statement from 18 months after Royal Assent to 24 months. This change was necessary due to the delays in the passage of the Fisheries Bill, mostly, latterly, as a result of Covid-19. Had this amendment not been made, key stages of the drafting and adoption processes would have fallen within the pre-election periods for all three of the devolved legislatures, and so they requested we make this change. We believe it would not be appropriate to be making potentially new policy decisions as part of the JFS drafting process during any pre-election period.
Amendment 5 expressly allows the publication of personal data relating to funding recipients, and Amendments 66, 67 and 68 make equivalent provision in relation to the devolved Administrations’ funding powers. There should be transparency when public funds are made available. The publication of such data is in the public interest and facilitates fraud deterrence and detection. The publication of data on grant beneficiaries was raised during the development of our future funding scheme, and this amendment expressly addresses this concern.
Amendment 77 and the consequential Amendments 13 and 27 strengthen existing legislative protections for seals in England and Wales and in Northern Ireland. The amendments greatly restrict the circumstances in which any intentional killing of a wild seal is lawfully permitted. We have, however, retained important exemptions: it will, for instance, still be lawful to euthanise a wild seal suffering from catastrophic injury, pain or disease.
These changes are necessary for the UK to comply with new import regulations being implemented in the United States of America. From January 2022, the United States will only allow imports of fisheries products from countries that do not allow the killing, injuring or taking of marine mammals as part of commercial fisheries. Not complying with this requirement would result in a significant loss of export revenue for the United Kingdom. In 2019, wild-capture exports to the United States were worth approximately £13.3 million.
Given the possible impact of this change on the catching sector, Defra undertook a targeted consultation in England before committing to any changes. Defra also agreed to legislate on behalf of the Northern Ireland Executive, and their respective legislative regime for seals needed time to be worked through. For both these reasons, this amendment had to be introduced at a later stage in the Bill’s passage.
Both environmental non-governmental organisations and parts of industry have responded positively to this change in legislation. The Seal Research Trust said this would improve the welfare of seals. Parts of industry highlighted the potential future importance of the US market.
Amendments 98 and 100 extend specific existing exceptions from landing obligations in the north-western waters and the North Sea respectively so that they apply until 31 December 2021. Two new exemptions are also introduced relating to Norway lobster in the North Sea, replacing an existing exemption and an exemption for plaice in the North Sea that will also be implemented by the EU from January.
These exemptions are supported by scientific evidence collected by the EU’s Scientific, Technical and Economic Committee for Fisheries, which we considered with our world-class scientists in Cefas. We have been clear that scientific evidence will underpin our future fisheries management policies. This particular science and analysis were only available after Report stage in your Lordships’ House.
The other part of Amendment 100 enables the UK to adopt its own conservation measures for North Sea cod from next year, which will apply to all vessels fishing in UK waters by revoking provisions in retained EU law.
Turning to the more minor and technical amendments agreed by the other place, Amendment 8 inserts “sea fishing” to clarify the scope of regulation-making powers under Clauses 36 and 38. Amendment 17 makes a small change to the definition of “minimum conservation reference size” to make clear that it aligns with the widely accepted approach. Amendment 28 removes the Lords privilege amendment. This is a routine procedural issue. Finally, Amendments 78 and 79 update references to two regulations that have been replaced.
The Bill has been enhanced by these changes, ensuring we have the necessary legislation in place to develop our approach to future fisheries management. I beg to move.
Lord Teverson (LD)
What a delicious irony, as the noble Baroness, Lady Jones of Whitchurch, said. We were told that this Bill could not be amended by ourselves due to devolution—look at all the amendments here—and now we have found out the United States can change this Bill but we cannot. It is a great irony, and interesting arguments about territoriality are coming out. What is interesting is that there is no better ammunition than this to show, if we have a trade deal with the United States, that we should not be having chlorinated chicken or the other things we talk about, given that we have had to concede on seal welfare—not that I do not welcome sea welfare.
What I welcome in particular is the transparency element that comes in. This is important for making it absolutely clear who receives grant schemes or other schemes to help the industry, as any other industry, and how those are received, so we can have a good audit of that process. I welcome that very much.
In terms of the landing in north-west waters, that is an illustration where I agree with the Government. There has to be pragmatism around how we operate the landing of fish. That is why making the detail of that in future, as we discussed in the last group, will be quite complex but essential. Do I take it from that that the exemption is for only one year? Is that exemption there only until the Government have decided what the broader landing rules are? That is my real question.
Lord Gardiner of Kimble (Con)
My Lords, I am most grateful to the noble Lords, Lord Teverson and Lord Grantchester, for their welcome of these amendments.
I welcome the positivity from the noble Lord, Lord Teverson, on the importance of transparency. It is something that the Government have picked up on in terms of recognition. I again put on the record that all we—this Government and future Governments—do needs to be transparent as we seek to reassure everyone, including your Lordships, that we want to achieve success for the marine environment.
I welcome the noble Lord’s point about pragmatism. The exemption is in place only for one year. We are reviewing our future discards policy and considering how it could be better made to fit the mixed fisheries in UK seas.
Given the time allocated, I am not sure that I want to jest about the Agriculture Bill and some of the exchanges we may have. Of course, I am bound to say that, as everyone knows, there is a considerable legislative framework behind which we are all secure in terms of import standards and requirements in relation to agricultural goods—but perhaps we might leave that for a further moment.
I say to the noble Lord, Lord Grantchester, that we will publicly consult on the JFS next year so I am certainly not looking at needing to wait as long as might have been suggested—two years—before anyone sees it. Drafts are being shared at a high level. Again, it is important that, as we move forward on all these matters, Parliament and your Lordships’ House do the right thing. In the end, if we do not get this right, we will have failed; that is not something that any Government would wish to do with their custodianship of our seas and the opportunities that this responsibility presents to us.
With those comments and the general endorsement of the two noble Lords, I beg to move.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, I have received no requests to ask a short question. I beg your pardon. The noble Lord, Lord Teverson, wishes to ask a question.
Lord Teverson (LD)
My Lords, I will not detain the House. I have a quick question that arose from a question from the noble Lord, Lord Grantchester. Will extending the timeframe of the joint fisheries statement to 24 months have a knock-on effect on fisheries management plans? I just want to check with the Minister that that delay will not cause everything else to be delayed. I apologise for not asking this earlier.
Lord Gardiner of Kimble (Con)
My Lords, so that I do not mislead the noble Lord, I will write to him about that. Triggering work on the fisheries management plans is another stream of work; a response may come. As it has not, the easiest thing is for me to write to the noble Lord. It is an important point and I am sorry that I do not have the answer before me.
Lord Gardiner of Kimble
Moved by
That this House do agree with the Commons in their Amendments 3 to 5.
Baroness Bloomfield of Hinton Waldrist
That this House do agree with the Commons in their Amendment 6.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendments 7 and 8.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendment 9.
Lord Gardiner of Kimble (Con)
My Lords, four themes of the changes made by the Government relate to the Bill’s licensing provisions. I would like to make it clear why these changes were necessary and why they were made in the other place. Before I do so, I clarify for the noble Lord, Lord Teverson, today—if that is all right with your Lordships—that fisheries management plans will not be delayed and can be brought forward before the JFS is adopted. Clause 9 specifically provides for this. I am sorry; I should know the Bill better by now, but I hope that helps.
Government Amendments 11 and 26 are necessary to ensure we comply with the provisions of the treaty entered into with Denmark in 1999 on maritime delimitation between the United Kingdom and the Faroe Islands. That 1999 agreement provides for a special area in the UK exclusive economic zone, exclusively in Scottish waters, over which both parties exercise jurisdiction for fishery management purposes. The amendments to the Bill ensure that we can implement this treaty and meet that international agreement. They provide that Faroese-authorised foreign vessels can continue to fish in that area, which is 0.01% of the UK EEZ, without also requiring a UK licence. Were these amendments not made, we would not be able to implement the treaty, putting us in breach of our international obligations.
It was only through working on a new framework fisheries agreement with the Faroe Islands throughout this year that we were able to agree the approach to continued implementation of the 1999 treaty and to make these amendments. We have a very positive relationship with the Faroe Islands on improving the way the sea is managed and governed. International negotiations are reserved, but implementing international agreements, for example by licensing fishing boats, is a devolved matter. We have worked closely with officials and Minister Ewing in the Scottish Government, and colleagues across government, to come to an agreed approach that respects both reserved and devolved competence.
Amendments 44 to 63 introduce a contingency arrangement to issue approval for foreign fishing vessels more quickly and make a consequential wording change. The preferred approach is to issue individual licences to foreign vessels which, following negotiations, may fish in UK waters. Experience has shown that, sometimes, some annual fisheries negotiations can extend into the next fishing year. It could then take some time for the various parties to collate the information needed for the licensing process. During this time, fishing activities would be disrupted, which could cause unnecessary tensions. We do not want to exacerbate those tensions or disrupt fishing further. This is a pragmatic response to such a circumstance and has the support of the devolved Administrations.
To manage this, the other place agreed to introduce this contingency approach, which would allow approval to be issued for a list of vessels, rather than individual vessels. This approval would be faster, but time limited until individual licences can be issued.
Amendment 64 revokes legislation in England, Wales and Scotland made as a contingency in March 2019 in the absence of the Fisheries Bill and in anticipation of an earlier departure from the EU. The Northern Irish legislation has already been revoked. The Bill provides for the regulation of foreign boats fishing in UK waters if access is negotiated. All foreign vessels approved to fish in UK waters will need a UK licence. We waited until we thought we had certainty that the Bill would receive Royal Assent before the end of this year before making these amendments as its licensing regime replicates and supersedes that in the contingency SIs.
Amendment 99 and consequential Amendments 97 and 101 are clear examples of where close collaboration between the four fisheries administrations has proved invaluable in ensuring that the Bill is doing what it needs to. The amendment revokes Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets, known as SMEFF. This regulation sets out part of the EU’s licensing framework. This is broadly similar to the UK’s framework for licensing so there is no need for a parallel regime such as SMEFF. I am grateful to Scottish officials for identifying the need for this change. That is why the other place agreed to revoke it.
Finally, on minor and technical amendments relating to licensing, Amendments 9, 70, 74 and 76 make minor changes to provisions that prevent powers in Clauses 36, 38, and Schedule 8 being used to modify the Bill’s licensing functions. Amendment 65 clarifies licensing transitional provisions. Two amendments were also made at the request of the Crown dependencies to Schedule 4, which deals with minor and consequential licensing amendments.
These are the changes that have been needed to the Bill’s licensing provisions and why they were brought forward in the other place. I beg to move.
Lord Teverson (LD)
My Lords, I thank the Minister, because I had never heard of this 1999 treaty before. It is quite important because we are in the ratification process of a UK-Faroes fisheries agreement. I will raise one or two things about this which perhaps the Minister can explain to me.
Commons Amendment 11 is very strict. It says:
“No prohibition, restriction or obligation relating to sea fishing imposed by any enactment applies to … anything done or not done by or in relation to a foreign fishing boat”
that is a Faroe Islands-regulated vessel. Given that this is our EEZ, that seems to take away completely our rights to inspect or apply any regulation whatever to Faroes vessels fishing within our EEZ within this special zone. That seems a very asymmetric agreement or condition, given that our own vessels presumably still have to do that. Having read the treaty very quickly, Article IV says that we have no rights of inspection whatever. I am sure that the Government have this worked out but I would like to be reassured that we have some way of making sure that this area is responsibly fished. Occasionally, we have our disagreements with the Faroes. We generally have a good relationship with the Faroes, and obviously with Denmark as the ultimate sovereign nation. However, a couple of years ago we had a strong dispute over fisheries there regarding a particular species, so there are examples of the Faroes and us falling out. I would appreciate the Minister’s explanation of that.
I wished to bring up one other matter but I will leave it at that. That is my key issue on this area and I hope that the Minister will be able to help me.
Lord Grantchester (Lab)
I thank the Minister for his introduction to this group of amendments and for his explanations. I am also grateful for the comments of the noble Lord, Lord Teverson. This group relates mainly to the carve-out for the Faroe Islands temporary foreign vessel licences and other minor technical provisions. Amendments 9, 70, 74 and 76 are technical and replace references to the devolved Ministers in Clause 41 with “sea fish licensing authorities” instead.
Amendment 11 and the consequential Amendment 26 update compliance with the 1999 treaty with Denmark and enable the Scottish Government to manage this shared area and issue licences to permitted foreign vessels as the Faroes, while in the UK’s exclusive economic zone, are exclusively in Scottish waters. I am not sure that there should be the difficulties that the noble Lord, Lord Teverson, envisages, but I await the Minister’s reply.
Amendment 44 and the bulk of the amendments in the sequence in the middle of this group concern the definition of “temporary foreign vessel licence” and how this will apply on a contingent basis when the UK becomes an independent coastal state with an agreement with the EU concerning the UK’s exclusive economic zone and licensing arrangements. Necessarily, this could take some time—meanwhile, fishers need to be able to continue activities. I agree that the flexibility this provides is commendable. In the Commons, the shadow Secretary of State Luke Pollard asked whether secondary legislation would need amendment to specify these arrangements. The Fisheries Minister Victoria Prentis said that she would need to check this position. Will the Minister be able to confirm today that this has indeed been done and that no further orders are required?
The point of these provisions is made on the assumption that the UK will be able to negotiate a continuing relationship with the EU after 31 December this year. That is not that far in front of us. Many of us are beginning to count down the remaining parliamentary sitting days, during which timetable the various relevant trade treaties will need to be examined and approved by Parliament. On an earlier amendment, the noble Lord, Lord Lansley, spoke on the likely outcome of the way forward in relation to the landing requirement. The Minister replied that the Bill is neutral on any outcome of negotiation. I will not pursue this any further, as I sympathise with him when he says that any comment from him may not be helpful at this stage.
The remaining amendments are technical, tidying up various provisions. For example, Amendment 64 concerns the timing of differing legislation at different times of the tortuous Brexit debates. Amendments 21 and 42 concern provisions in Schedule 4 regarding the Channel Islands and the Isle of Man and the extent of Section 2 of the Fishery Limits Act, as the Crown dependencies did not confirm their approach until the beginning of August. I am very glad that this bit was achieved with them. The remaining amendments tidy up retained direct EU legislation. This and all the amendments in this group are agreed.
We will all look forward to the necessary announcements on the conclusion of successful negotiations with the EU. I contend that they should now become easier following the amendments to the Agriculture Bill to secure a non-regression of standards so necessary to the attainment of a level playing field with Europe.
Lord Gardiner of Kimble (Con)
My Lords, I am most grateful to the noble Lords, Lord Teverson and Lord Grantchester. We are into a technical range of amendments. The noble Lord, Lord Teverson, asked about the Faroe Islands. While the 1999 treaty permits either party to license foreign vessels to fish in this small section of shared sea, it does not mean that there are no rules. Many of the licence conditions will be similar for either party issuing a licence. The UK will still exercise standard control and enforcement. The 1999 treaty also includes a commitment by both parties to co-operate on marine protection measures which further preserve this area.
Considerable work has been done. Certain discussions could obviously be undertaken only once we had left the EU, so negotiations with the Faroe Islands Administration have been taking place this year. I reassure your Lordships that in no way does this mean that there is not proper responsible control. As I said in my opening remarks, we are working with the Faroe Islands because both countries share an ambition for strong governance and custodianship of what is a very small but very important part of our UK EEZ. We should be consistent throughout.
I will look at any further points, but I am not going to embark on any commentary on negotiations and standards. This has been well and truly aired. Standards are supreme.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
My Lords, I have two requests to ask short questions of the Minister. Both noble Lords are in the Chamber. I call the noble Baroness, Lady McIntosh of Pickering.
Baroness McIntosh of Pickering (Con)
My Lords, I am here because of the problems I experienced with my microphone yesterday. I have two brief questions for my noble friend. I am half-Danish, so I welcome anything that can be done to help the Faroese. Does he not share my concern that this agreement with the Faroes is completely asymmetrical? The noble Lord, Lord Teverson might also have made this point. From memory of the rollover trade agreement, we export £90 million of goods to them and they export £270 million of products to us—most of which are fish. This will not help Scottish and other fishermen in this country. I agree to it, but we must accept that it is asymmetrical and not in the country’s best interests.
I have a hazy recollection of studying international law at university—just after we joined the European Union. Denmark has always claimed historic rights to fish in the North Sea. I understood—from an impeccable source at the Daily Express—that it has been preparing a case to put, presumably, before the International Court of Justice to maintain those historic rights. I am not expecting my noble friend to reply today—he may wish to write to me and share it with other colleagues. Is he aware of this hazy recollection of mine that the Danes had historic fishing rights and that they are going to resurrect them?
Lord Gardiner of Kimble (Con)
My Lords, we agreed to a treaty in 1999. We have worked closely with Minister Ewing, who is quite rightly ferocious in his support of Scottish fishing interests. We are working collaboratively with the Faroe Islands, respecting an international arrangement. On the historic rights, as I am not the Fisheries Minister but a custodian of this Bill I am not aware of any illegal activity. I had better write to my noble friend so that those who know can give an authorised version.
The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
I call the noble Lord, Lord Lansley, to ask the next short question of the Minister.
Lord Lansley (Con)
I am a member of the EU International Agreements Sub-Committee of your Lordships’ House. We are spending a lot of time not only looking at the content of treaties, but also understanding how these are implemented into domestic legislation. I am confused. Can my noble friend explain how the 1999 treaty to which this refers was implemented into domestic legislation? Why did this not lead directly to its continuation or amendment? This is the second time we have looked at this Bill; in the first draft, licensing of fishing boats in our EEZ was considered.
Lord Gardiner of Kimble (Con)
My Lords, I may need to clarify this again. We were not able to open discussions with the Faroe Islands while we were still members of the EU. It was only in January 2020—at the same time as the Bill was introduced—that we were able to begin discussions and explore options to implement this change. I am not an expert on the 1999 legislation. It would be more helpful to my noble friend if I wrote to him with a detailed answer.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendments 10 to 13.
“Agency arrangements between sea fish licensing authorities
(1) A sea fish licensing authority may make arrangements for—
(a) any of its fisheries functions, or
(b) any of its product movement functions that are not fisheries functions,
to be exercised on its behalf by another sea fish licensing authority.
(2) Arrangements made by a sea fish licensing authority under subsection (1) in relation to a function do not affect that authority’s responsibility for the exercise of the function.
(3) A sea fish licensing authority that exercises functions on behalf of another sea fish licensing authority under subsection (1) may charge that other authority such fees as it considers reasonable in respect of the cost of doing so.
(4) Subsection (1) does not authorise the making of arrangements in relation to any function of making, confirming or approving subordinate legislation.
(5) The power of a sea fish licensing authority to make arrangements under subsection (1) does not affect, and is not affected by, any other power of the authority to make arrangements relating to the exercise of its functions by other persons on its behalf.
(6) In this section—
“fisheries function” means a function relating to fisheries, fishing or aquaculture;
“product movement function” means a function relating to the movement of fishery products—
(a) into or out of the United Kingdom, or
(b) within the United Kingdom.”
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendment 14.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendments 15 to 21.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendment 22.
“(6) Her Majesty may by Order in Council provide for the following provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man—
(a) subsection (1)(a) of section 38 (power to make provision for the purpose of implementing international obligations),
(b) subsections (4) to (6) of that section,
(c) section 39 (interpretation of section 38),
(d) sections 41 to 43 (regulations under section 36: scope and procedure),
(e) section 50 (regulations), and
(f) section 51 (interpretation).”
Lord Gardiner of Kimble (Con)
My Lords, this clause enables the UK to extend to the Crown dependencies by way of Order in Council the power of the Secretary of State to make regulations for the purpose of implementing international obligations relating to fisheries, fishing or aquaculture.
The UK Government, on behalf of the Crown, are responsible for the international relations of the Crown dependencies. The Government are responsible for representing them at an international level for their obligations under international law. The purpose of this clause is to ensure that we can support the Crown dependencies to meet their international obligations.
This debate comes at a time when the Crown dependencies are developing their own international identities in accordance with the directions of their Governments and of formal frameworks agreed between them and the United Kingdom. Nevertheless, the UK remains responsible for the Crown dependencies’ fisheries obligations under international law.
This clause is not a means of imposing legislation unnecessarily on the Crown dependencies. It is for the benefit and protection of the UK and the Crown dependencies in relation to international obligations in the highly unlikely event that it were needed. It applies solely to the part of Clause 36 which concerns the power to make regulations implementing international obligations relating to fisheries, fishing or aquaculture. It enables us to meet our responsibilities and obligations in the event of unforeseen circumstances.
I am grateful to the noble Baroness, Lady Taylor of Bolton, for her letter of 28 October, on behalf of the Constitution Committee. The committee published its views on the clause on 9 November, following my response to her letter. The committee makes some important points on which I should like to respond.
First, the committee says:
“The Government should seek powers only when they are necessary and their use is anticipated”.
Such an approach is entirely appropriate in the majority of cases. The inclusion of a permissive extent clause in primary legislation is not uncommon. It is used to help provide support or act as a safety net. For example, the Marine and Coastal Access Act 2009 provides for marine licensing provisions to be extended to Jersey by Order in Council. However, the reason for introducing this clause is to enable us to act in the most unexpected and unforeseen of circumstances. Having legal and constitutional clarity is an important responsibility for the Government to deliver.
The Deputy Speaker (Lord Lexden) (Con)
I call on the noble Lord, Lord Gardiner of Kimble, to reply to this important debate.
Lord Gardiner of Kimble (Con)
My Lords, this is an extremely important debate. I am grateful for this challenge; it is rather like playing tennis with someone much better than oneself, and one hopes that that raises one’s game. When lawyers are about, I get a shade nervous. I am also nervous as I am second to none in my regard and indeed affection for the noble Baroness, Lady Pitkeathley. I am reminded here of the reference to Winston Churchill and the reference to two of the Crown dependencies and their history with the Crown.
Not only for me personally but for the Government, the essential nature of working with the three Crown dependencies is the warmth and positivity of that relationship as we are all part of the British family. I say to the noble Lord, Lord Beith, that I am grateful to him for his opening remarks, because we stand by the framework agreements, recognising the Channel Islands’ international identities. That is different from the UK ensuring that we can meet our international obligations. This is an area where I, not being the Fisheries Minister but having to attend to this matter, have tried to get my head around how this clause comes into our international obligations and why I am going to endeavour to persuade your Lordships that this is solely about how it relates to the UK’s international obligations. Indeed, that is why it is in Clause 36; it is defined because it is about all of us adhering to obligations that, as I said in my opening remarks, play out for everyone in the British family. There is therefore that last resort, that safety valve, of having provisions that enable adherence to international obligations that would have adverse impacts.
To the remarks of my noble friend Lady Couttie, I say that our preference, indeed our expectation, is that the Crown dependencies will implement the necessary legislation to meet international requirements that apply to them. As I have said, the clause provides protection for the British family on the international stage, but obviously we hope we will not have to use it.
I was struck by what the noble Lord, Lord Pannick, said. My view is that, when I take out an insurance policy, I am dearly hoping that my house does not burn down but I have a backstop. I have given very lay consideration to the issue of responsibility in this new adventure as an independent marine state, given the international obligations that we as the British Government will have. I think it is rather important, when I am seeking to persuade, to say that I personally see merit in this, but we do not in any sense want to have difficulties with the Crown dependencies.
I hope noble Lords will appreciate the requirement for the UK Government to be able to ensure that they meet international obligations for the protection of all parts of the UK—and indeed the Crown dependencies, which is the crux of the matter. That is a responsible international-facing Government ensuring that we can continue to meet our international obligations on sustainable fishing. We will of course continue to work very closely with the Crown dependencies at all levels but of course particularly at official and ministerial level.
I say to a number of noble Lords, including my noble friends Lady Couttie and Lord Northbrook, the noble Lord, Lord Faulkner of Worcester, and the noble Baroness, Lady Jones of Whitchurch, that, having worked with my honourable friend Victoria Prentis, the Fisheries Minister, I am sure she is determined to ensure that, in the setting up of a committee with the Crown dependencies—as I have said, within the possible structure of the fisheries management agreements—to consider and assess how the implementation of the international obligations is going to be worked through. That is what we will want to do.
I agree with the sentiments that the noble Baroness, Lady Jones of Whitchurch, has expressed about the importance of dialogue and continuing discussion. There is continuing work to be done on this matter with this Bill and with the responsibilities that the Government now have as an independent maritime state. I want to put on the record and re-emphasise that, through the committee or through other work, it is vital that the communications and collaborative working with the Crown dependencies are designed to ensure that we may not ever need to use this last-resort measure. That is the whole purpose of dialogue and good friendship in protecting, as I have said, the British family. I say publicly that I understand the sentiments that the noble Baroness has expressed.
I shall repeat this so it is on the record: the committee could deal with issues that may lead to the activation of the permissive extent clause. It is not intended that this clause and the regulation-making power that it relates to would be used to legislate for the Crown dependencies without their consent, unless it were to become necessary to implement an international obligation that applied to them. I emphasise again that that would only ever be as a last resort, after full consultation and the exhaustion of all other options.
I shall answer some of the questions that were asked. I looked at the Ministry of Justice guidance on this matter. I say to the noble Lords, Lord Anderson of Ipswich and Lord Pannick, that the MoJ advises that although consultation and consent should be sought in all circumstances, PECs can be included in Bills without the prior agreement of the Crown dependencies in exceptional circumstances and where a Bill engages the UK’s constitutional responsibilities for defence and international relations. This position is reflected in the Fact Sheet on the UK’s Relationship with the Crown Dependencies that was published by the MoJ in February this year. I will look at what both noble Lords, with their legal advantage over me, have said. I have referred to the MoJ guidance and that is the best that I can do on the matter, but it is available for further consideration.
I would also say to the noble Lord, Lord Faulkner—and to all noble Lords—that working with Crown dependency officials and Ministers will clearly be very essential. We raised the idea of this clause before the Bill was introduced in January, then discussions took place at official level aiming to narrow the scope of the clause to what is required to protect the British family and other Crown dependencies. We consulted on them formally later this year. As I say, this is why the discussions for this Bill are specifically about Clause 36 and our international obligations. I should also say to the noble Lord that this clause does not legislate for the Crown dependencies before activating the PEC. We would consult and seek to achieve the same results through other options—for instance, of course, Crown dependency domestic legislation.
Lord Faulkner of Worcester (Lab)
My Lords, I express my appreciation to the Minister for the considerate and thoughtful way in which he responded to the debate. I would just like clarification on that very last point. He has drawn attention, quite rightly, to the constitutional history between the United Kingdom Government and the Channel Islands. Does he not accept that the way in which harmony can be restored is by just saying “yes” to this question: if the Channel Islands do not consent to the use of the PEC, will the Government not insist on it?
Lord Gardiner of Kimble (Con)
My Lords, I understand the instincts of the noble Lord exactly. On international obligations, the whole point about the last resort is that, if international obligations were not being adhered to in a certain part of the British family, it would be the responsibility of the UK Government to act accordingly. All I say in answering the noble Lord— positively, I hope—is that I believe that everyone I have spoken to who would have responsibility would work collaboratively and exhaust every option available. It would be triggered only if all those options were exhausted in order to adhere to international obligations. This is my point.
Also—if I am allowed to say this and if this is the last moment—I respect immensely all noble Lords who have participated in the consideration of this Fisheries Bill. This is indeed my first experience of us dealing with a Bill as the first House; I can tell your Lordships that, when I saw the number of amendments coming back from the other place, I was not the only one whose heart may have sunk a bit. I think it shows that, when we are the second House and have other points to make, the other place sends us messages back as well. I place on record my deep appreciation of the Front Bench opposite and the Back Benches on all sides of the House for the collaborative way in which I believe we have worked, seeking to do the best we can for the marine environment and the future of our fisheries communities—which, after all, bring us such nutritious food, often in very difficult circumstances. I place my thanks on record and have no doubt that we will have further work to do.
Lord Beith (LD) [V]
My Lords, I am grateful to the Minister for the care that he has taken over this but I am afraid that he was not as persuasive as he sometimes is—certainly for me. I want to pick up on a couple of his points before thanking the noble Lords who took part in this debate.
On international obligations, the dependencies understand and carry out their international obligations. They have the legislative and policing capacity to do so, and the UK Government would not face any problem in persuading them to take the necessary and appropriate action where it was clear that it was needed. There are many areas in which international obligations exist and the Government do not appear, as far as I can see, to be running around creating powers like this in areas in which conditions could arise where there are international obligations to be satisfied. The existing system works and does not need to be changed.
Secondly, on the legal situation in both Guernsey and Jersey, which was so helpfully raised by the noble Lord, Lord Anderson of Ipswich, the note that was passed to the Minister was not really about that—I do not blame him for that—but about the legal situation on including a permitted extension clause in the Bill in the first place. It does not really address what would happen under Guernsey or Jersey law if the Government attempted to use the power. The amount of uncertainty that exists in that area is something that the Government will have to take into account.
The speech of the noble Lord, Lord Anderson, and the points he raised illustrated the high level of knowledge and experience that Peers brought to the debate. I mention the noble Lords, Lord Anderson, Lord Faulkner, Lord Northbrook and Lord Pannick, the noble Baronesses, Lady Couttie and Lady Jones, and my noble friend Lady Bakewell, who suggested that the Minister should withdraw the clause, which could be achieved by accepting my amendment, in order to discuss the matter further with Guernsey and Jersey.
The Minister has not accepted good advice but, at such a late stage, in the face of Commons acceptance of the clause, our options are limited, and I do not think a vote would be helpful. I can only hope that the very severe response from experienced and knowledgeable Members of this House has made clear to Ministers that on no account should they make use of these powers without having obtained the consent of the Crown dependencies to do so. They would face a very serious reaction if they were to attempt such a course without consent. On that basis, I beg leave to withdraw my Motion.
Lord Gardiner of Kimble
That this House do agree with the Commons in their Amendments 23 to 101.
“(da) section (Agency arrangements between sea fish licensing authorities) (agency arrangements between sea fish licensing authorities);”
Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020
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Lord Gardiner of Kimble
That the draft Regulations laid before the House on 12 October be approved.
Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020
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Lord Gardiner of Kimble
That the draft Regulations laid before the House on 13 October be approved.
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. I also much look forward to the maiden speech of my noble friend Lord Mendoza. I hope it would be useful to your Lordships if I speak to both the Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020 and the Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020, given the connection between the two instruments.
There are no changes to our policy on either organic products or genetically modified organisms. Amendments are required primarily as a result of the Northern Ireland protocol and to ensure that existing legislation continues to operate as intended. As established in the protocol, EU legislation will continue to apply to Northern Ireland. The existing EU exit legislation needs minor technical amendments to reflect the fact that retained EU law, whether on organics or GMOs, will be substantively applicable only in Great Britain. The changes do no more than is necessary to meet our legal obligations under the Northern Ireland protocol and ensure a workable legislative regime in Great Britain.
The first instrument makes minor amendments to the UK’s organics legislation to ensure that the regulatory regime is operable at the end of the transition period, in line with the Northern Ireland protocol. References to United Kingdom have been changed to Great Britain in the Organic Production and Control (Amendment) (EU Exit) Regulations 2019, and the Organic Products (Amendment) (EU Exit) Regulations 2019.
The instrument also amends retained EU legislation to allow organic producers to continue to use 5% of non-organic protein feed for organic porcine and poultry, until the end of 2022. The EU has taken the same decision to extend the derogation. No new policy is introduced by the instrument and the UK’s world-class standards are maintained. The Government are strongly supportive of organic standards, many of which were developed in the UK and adopted by the EU.
Under the protocol, EU law on organics will continue to have effect in Northern Ireland. Retained EU law will apply substantively only to Great Britain. This means that the Northern Irish organics market will remain the same, and we are working closely with Northern Irish colleagues to prepare for the end of the transition period, including setting up a Northern Ireland competent authority on organics. We remain committed to ensuring trade between GB and Northern Ireland continues. We are going to recognise the EU as an equivalent organic regime to the UK until 2022, providing certainty on imports for the immediate future. We hope that the EU will reciprocate very soon.
There are 6,000, predominantly small and medium-sized, UK organics operators, which contribute over £2.5 billion to the UK economy, including exports worth over £250 million. The statutory instrument relates to devolved matters and the respective devolved Administrations have consented to it.
The second instrument concerns existing EU exit legislation on GMOs. As I explained earlier, this instrument has the primary purpose of making technical amendments to the existing EU exit legislation, which are required in consequence of the protocol. I stress that we have not made any change to our policy on GMOs.
Detailed EU legislation currently provides a robust framework for the approval of GMOs and related matters to protect the environment and human health. Our existing exit legislation is intended to maintain this regime after the end of the transition period. It was prepared on the basis that those arrangements would be needed throughout the United Kingdom.
As a result of the protocol, the EU legislation on GMOs will continue to apply in Northern Ireland. We must amend EU retained law to ensure that it is operable in Great Britain. The amendments are to change references to the United Kingdom or institutions in the United Kingdom to Great Britain or institutions in Great Britain. This instrument also revokes amendments to Northern Irish legislation that are no longer required because of the protocol.
In addition to the provisions already described, this instrument makes a further amendment to retained direct EU legislation relating to traceability and labelling of GMOs. This additional amendment revokes a legislation-making power currently conferred on the Commission, as it will have no practical application in Great Britain after the end of the transition period.
Failure to adopt the instrument would mean that the retained EU law on GMOs would, by continuing to refer to the United Kingdom and UK institutions, be defective for Great Britain. It is also potentially confusing for Northern Ireland, as it suggests that the retained EU law applies there, when this is not the case. It will also mean that amendments to Northern Ireland legislation, which are not needed in light of the protocol, would take effect.
GMO policy is a devolved matter and will remain so. The devolved Administrations were closely engaged in the development of this instrument and gave their consent for it to be laid. The amendments contained in these instruments are required due to our exit from the European Union and to ensure that the Northern Ireland protocol can operate as intended. I beg to move.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have contributed to this debate, and I particularly highlight the maiden speech of my noble friend Lord Mendoza. I note his wide range of experience and am sure we all look forward to his contributions and him playing his part in the affairs of your Lordships’ House. I know he would expect me to note his vital work as the Commissioner for Cultural Recovery and Renewal, so I hope I am forgiven if I say, as the Rural Affairs Minister: in the spirit of rural-proofing, please do not forget the rural context.
I also express my warm welcome to the noble Baroness, Lady Hayman, as this is the first time we have debated Defra matters from our respective Front Benches. I very much look forward to working with her. A range of questions were put forward in this debate, and I will do my best to address them. If there are any further details, I will of course write to all noble Lords contributing to this debate, as well as placing a copy in the House of Lords Library.
I turn to questions on organics, and I particularly want to flag up what the noble Baronesses, Lady Parminter and Lady Hayman, and my noble friend Lady McIntosh of Pickering, asked about mutual recognition by the EU of our regulatory regime at the end of the transition period. This will allow us to continue to export our organic products to the EU and Northern Ireland. Currently, organics have an annexe in the free trade agreement being negotiated with the EU, but, as a mitigation, all six control bodies—the noble Baroness, Lady Parminter, raised this, and I can confirm it—have individually applied for recognition. We remain confident that the EU Commission will grant this.
The applications for recognition are independent of the Government’s negotiations with the EU and not covered by any potential deal. Recognition gives individual control bodies the ability to certify to an equivalent EU standard, and their operators can export to the EU and Northern Ireland. We remain committed to negotiating a trade agreement that will remove barriers to trade and promote trade in organic products between the UK, Northern Ireland and the EU.
The noble Baroness, Lady Parminter, also asked a number of questions about trade between Northern Ireland, the Republic of Ireland and Great Britain—and, indeed, clearly we wish this to continue. I can confirm that we are working with DAERA and other important stakeholders, including the ports of Larne, Belfast and Warrenpoint, in readiness for 1 January. Port health authorities in Northern Ireland have increased staffing levels sevenfold, and they are working to improve significantly their facilities. My noble friend Lady McIntosh of Pickering asked about this, too. We are exploring ways in which to reduce the burden on industry and the ports to ensure minimal disruption to business. We have shared the new process for importing products into GB from the European Union and third countries with stakeholders, and continue to discuss access to the EU’s Trade Control and Expert System New Technology—TRACES NT—for imports into Northern Ireland with the European Commission. I should say to my noble friend Lord Bourne of Aberystwyth that Northern Ireland has unfettered access so will be able to export organic products to Great Britain.
The noble Baroness, Lady Hayman, also asked whether the derogation to allow farmers to feed organic porcine and poultry up to 5% non-organic protein feed would continue beyond the end of 2022. Any extension will be carefully considered by the end of 2022 and we will consult the devolved Administrations and stakeholders to ensure that the changes are in the best interests of UK farmers. We continue to work closely with all UK control bodies to support them to prepare for the end of the transition period. I take the opportunity to reiterate our commitment to growing the UK’s world-class organics sector.
In that regard, I was most grateful to the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lord, Lord Berkeley of Knighton, in referring to the importance of organics. We have just finished debating the Agriculture Bill. Many noble Lords will recall our discussions on how that Bill is going to advance food production of high and healthy quality food as well as the environment. I believe that organic farmers will be well placed to benefit from the new system, with the provision of environmental benefits and services, such as increased biodiversity and habitats.
I can say to my noble friend Lord Bourne of Aberystwyth that we are committed to the highest organic standards and will use new powers provided by the Agriculture Bill to maintain this regime. Also on the reference to transition from three years, the noble Baroness, Lady Jones of Moulsecoomb, asked about farmers converting to producing organic products, who can benefit from higher premiums when selling into conversion products. As I said, we recognise the potential for the organics sector as we move forward.
I move to questions on GMOs. The noble Baroness, Lady Parminter, asked about this, and it came up in my noble friend Lord Mendoza’s speech, too. This is about the future of GM food policy. During debate on the Agriculture Bill, we considered as a House the elements of gene editing; we will issue a consultation relating to gene editing in England and will gather preliminary evidence on whether or not to reform our GMO legislation more broadly. I assure all noble Lords, on whatever side of the argument they may be, that we will consider the responses and evidence received from the consultation very carefully indeed, because there is great potential but it is very important that we get this right. When I read of the need for us to feed the world and have less applications to help the environment, I think that the science could help us enormously. But it is really important to get this right and, in getting it right, for the public to understand the bona fides of this, rather than getting worried about hyperbole and the potential that there may be concern. I think there is great potential here, but we need to do this properly and thoroughly.
My noble friend Lord Bourne and the noble Baronesses, Lady Parminter and Lady Hayman, asked about divergence between GB policy and the policy in Northern Ireland and the European Union for GMOs. That point was made by other noble Lords as well. At the moment, there is no divergence between GB and Northern Ireland as our retained law reflects EU law, and Northern Ireland is subject to EU rules and will have to comply with decisions made at an EU level. As I made clear in debate on the Agriculture Bill, any changes to our GMO policy will be subject to consultation and a change in primary legislation, which would mean that there would be very full scrutiny from your Lordships’ House and the other place—and, I have no doubt, some public debate as well. If we change our policy following the consultation, we will clearly work closely with Northern Irish authorities to minimise any impact on trade in GM products. I emphasise, as I did before—I hope that this reassures the noble Baroness, Lady Jones of Moulsecoomb—that GM policy is a devolved area. That is why I said that the consultation was about England, because it is the responsibility of the UK Government. But with this SI, we have worked extremely closely with devolved Administrations to develop it and, obviously, we need to go forward in a spirit of collaboration and understanding of these matters.
I also say to the noble Baroness, Lady Jones of Moulsecoomb, that the processes and powers to legislate in GB will remain in parallel with those in the EU and Northern Ireland, so they will remain familiar to stakeholders. In Northern Ireland, existing EU legislation will continue to be directly applicable after the end of the transition period. I have no doubt that on that matter we will have more work to do.
The noble Baroness, Lady Hayman, asked about further changes, and I have looked into that matter. I think that she referred to paragraph 2.7 of the Explanatory Memorandum, whereas I wonder whether it might relate to paragraph 2.9, which explains that further changes to exit legislation were needed to give effect to annexe 2 of the Northern Ireland protocol. This SI makes these further changes as explained in paragraph 2.9. In reply to the noble Baroness, I should therefore say that no other changes are needed to give effect to the protocol. I apologise if the memorandum did not make that entirely clear.
I shall look at Hansard to see whether there were any further points, because there was a range of questions. I am grateful for the support that noble Lords have given to the principle of the two instruments.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsMonday 9th November 2020
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Lord Gardiner of Kimble
That this House do not insist on its Amendments 16B and 18B, to which the Commons have disagreed; and do agree with the Commons in their Amendments 18C and 18D in lieu of Lords Amendments 16B and 18B.
“Reports relating to free trade agreements
(1) A free trade agreement that includes measures applicable to trade in agricultural products may not be laid before Parliament under Part 2 of the Constitutional Reform and Governance Act 2010 unless the Secretary of State has first laid a report complying with subsection (2) before Parliament.
(2) The report must explain whether, or to what extent, the measures referred to in subsection (1) are consistent with the maintenance of UK levels of statutory protection in relation to—
(a) human, animal or plant life or health,
(b) animal welfare, and
(c) the environment.
(3) In subsection (2) “UK levels of statutory protection” means levels of protection which, at the time the report is made, are provided for by or under any legislation which has effect in, or in any part of, the United Kingdom.
(4) In preparing the report, the Secretary of State may seek advice from any person the Secretary of State considers to be independent and to have relevant expertise.
(5) When the Secretary of State lays the report before Parliament the Secretary of State must also provide a copy of it to—
(a) the Scottish Ministers,
(b) the Welsh Ministers,
(c) DAERA, and
(d) any Committee of the House of Commons or the House of Lords or any Joint Committee of both Houses that appears to the Secretary of State to have an interest in the subject matter of the report.
(6) This section does not apply in relation to a free trade agreement if—
(a) each party to the agreement (other than the United Kingdom) is a member State or the European Union, or
(b) the following conditions are met—
(i) the negotiations for the agreement were concluded before the second anniversary of IP completion day,
(ii) each party to the agreement (other than the United Kingdom) and the European Union were, immediately before exit day, parties to another free trade agreement which includes measures applicable to trade in agricultural products, and
(iii) the other free trade agreement was, immediately before exit day, in force for, or being provisionally applied by, each party to that agreement.
(7) In this section—
“agricultural products” means products of a kind which, at the time this section comes into force, is listed in—
(a) Annex 1 to the Treaty on the Functioning of the European Union;
(b) Annex 1 to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2013 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009;
(c) the first two columns of Annex 2 to that Regulation;
“free trade agreement” means an agreement that is or was notifiable under paragraph 7(a) of Article XXIV of the General Agreement on Tariffs and Trade, part of Annex 1A of the WTO Agreement (as modified from time to time);
“legislation” means primary legislation, subordinate legislation or retained direct EU legislation;
“the WTO Agreement” means the Agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.”
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I beg to move Motion A. At this juncture, I should declare my farming interests, as set out in the register.
I am grateful to the noble Lord, Lord Grantchester, for the time and thought he has spent on Amendments 16 and 16B. The Government have listened and come forward with an amendment requiring a report to be made to Parliament on whether, or to what extent, provisions in new free trade agreements relating to agricultural goods are consistent with maintaining our existing levels of statutory protection in relation to human, animal and plant life and health, animal welfare and environmental protection. A report must be laid before any new free trade agreement is laid before Parliament under the Constitutional Reform and Governance Act procedures. An FTA containing measures applicable to trade in agricultural products may not be laid unless a report has first been laid. The report will explain whether and how FTAs negotiated by the Government are consistent with our ability to maintain our domestic standards, materially enhancing transparency during the ratification process and accountability for what has been negotiated.
The Government have also carefully considered Amendment 18 on the Trade and Agriculture Commission, in the name of the noble Lord, Lord Curry. The Government will go further than the noble Lord’s amendment and put the Commission on a permanent statutory footing, subject to review in three years. We will implement this by tabling an amendment to the Trade Bill on Report. We are preparing the terms of reference for the prolonged commission, and there will be more detail shortly when the amendment to the Trade Bill has been tabled. The commission will complement existing scrutiny provisions, ensuring Parliament is amply equipped to hold the Government to account.
I will turn to Amendments 18E, 18F and 18G, with which I will also discuss Amendment 18H. As I have explained, the Government’s new clause will enhance scrutiny by ensuring that Members have clear information on each FTA and its impact on our standards to inform their actions under the CRaG procedure. Moreover, the Trade and Agriculture Commission will be able to feed into these reports, as seeking independent, expert advice in this manner is provided for under subsection (4) of the new clause. Parliamentarians will therefore have a range of sources of evidence to enhance their scrutiny of FTAs under CRaG. These include reports under the duty I have described, reports of the Trade and Agriculture Commission, reports from the relevant Select Committees of both Houses, and of course any other reports produced by our expert bodies, such as the Food Standards Agency. Together, these reports will shine a spotlight on the negotiation of agri-food products in FTAs. Any concerns raised by these reports will inform the decision by Parliament on whether to ratify a treaty under the CRaG procedures.
I should be clear that the Commons already has the power to block ratification of an FTA indefinitely, if the majority of its Members vote to do so. If the Commons resolves against ratification and the Government lay a statement indicating that they still wish to ratify the FTA, a further 21 sitting day period is triggered from when the Government’s statement is laid. During this period the Government cannot ratify the FTA. If the Commons again resolves against ratification during this 21 sitting day period, the process would need to be repeated in order for the FTA to be ratified. It is also important to stress that any FTA would almost certainly require some form of implementing legislation to be made before it is ratified, providing further opportunities for debate.
Amendments 18E and 18H would narrow the scope of our reporting through requiring reporting on equivalence. Our new clause allows us to consider equivalence where relevant, but, importantly, it requires the Government to look at measures applicable to trade in agricultural products in the FTA in the round, along with their impact on our ability to maintain our standards. This means that reports under the new clause as drafted could consider further issues relevant to UK levels of statutory protection, such as the impact of the FTA on our right to regulate, which focusing only on equivalence would miss. We believe this matches our manifesto commitment not to compromise on standards, which was similarly wider in scope than just equivalence.
Furthermore, Amendment 18H would in practice set the Government the task of seeking to negotiate equivalence across all agri-food standards in order to satisfy the requirement of the amendment for the Government to confirm that this is the case. As we have noted before, this is unrealistic to negotiate given the complex and time-consuming nature of making determinations of equivalence.
Seeking, and then reporting on, consistency with the maintenance of our standards is a much more pragmatic approach and ensures that we can secure trade agreements with a wide variety of countries. For example, it may be immensely challenging for developing countries to prove that all their agri-food standards are equivalent to or exceed our own. This is due to matters outside their control, such as differences in our respective economic situations, climates and environment. However, lack of equivalence across all standards with such countries does not automatically mean inconsistency with the maintenance of UK standards and, as such, we believe equivalence is the wrong concept on which to judge this.
I should say that I think the Government have listened very carefully indeed not only to your Lordships but to others, and it for those reasons that I beg to move.
Motion A1 (as an amendment to Motion A)
Lord Gardiner of Kimble (Con)
My Lords, I want to thank all noble Lords who have spoken. It is always embarrassing when one receives such generous comments, but I want to record my strong appreciation for all that has been said. I also say that the Government have listened closely to this House and its views on trade standards and on other matters raised over—my record says—90 hours of debate on the Bill in this House alone. I want, therefore, to record the tenacity of your Lordships. Many of the principal protagonists are in the Chamber, but there are others whom I would like to record as well who have done so much.
I think that the Government have made significant undertakings to ensure that trade deals are subject to ongoing, informed scrutiny by Parliament. Obviously, this is the beginning of a journey, and I have no doubt that your Lordships are going to keep that, in turn, under close scrutiny.
I acknowledge the campaigning of Minette Batters, the president, and the whole team, of the National Farmers Union—particularly as I am a member of the NFU, so it is good they have done so well, is it not? I was pleased that they acknowledged and welcomed our proposals and—yes—our concessions as a victory for them. I am also pleased that the chair of the EFRA Select Committee, Neil Parish, was pleased about these matters.
I was also very pleased by the comments of a noble Lord who is so experienced in agriculture, the noble Lord, Lord Curry of Kirkharle. I was touched also by the points made by my noble friend Lord Cormack about my ministerial colleagues. I should mention the Secretary of State and my honourable friend Victoria Prentis. A lot of comments have come my way, but I must absolutely tell your Lordships that those two ministerial colleagues have been, in their hearts, very interested and wanting to do what I would call the right thing.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsTuesday 20th October 2020
(5 years, 9 months ago)
Lords ChamberRead Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 141-I Marshalled list of Motions for Consideration of Commons Reasons - (16 Oct 2020)
Lord Gardiner of Kimble
That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, with the leave of the House, I will speak also to Motions C, C1, F and F1. At this juncture, I should declare my farming interests, as set out in the register.
I start by once again acknowledging the work of your Lordships in the scrutiny of the Bill. These debates have provided a valuable opportunity to clarify the Government’s agenda of reform for agriculture in this country.
Turning to Amendment 1, I agree wholeheartedly with the intent behind the amendment of the noble Baroness, Lady Jones of Whitchurch. The strategic priorities of multi-annual financial assistance plans drawn up under Clause 4 will most definitely consider those objectives and those of future environmental improvement plans.
I turn to Amendment 11, and Amendment 11B proposed in lieu by the noble Lord, Lord Whitty, in Motion C1. The exacting process of scientific assessment applied to all pesticides specifically addresses the situation of those living near to where pesticides are applied. The Health and Safety Executive is the regulator covering the safety of chemicals, including pesticides. Staff working on pesticide assessments are scientists who specialise either in one part of the risk assessment, such as the fate and behaviour of pesticides in the environment, or in interpreting the specialist findings to reach conclusions on a product’s safety. No pesticide is allowed on to the market unless these scientists are satisfied that it poses no threat to the health of those living near farmland where it might be applied. This assessment process applies to all new pesticides, and the safety of existing pesticides is regularly reviewed.
Some noble Lords are concerned that the Government could face a gap in powers at the end of the transition period. I want to reassure your Lordships that that is not the case. We have the powers needed in this area. Section 16 of the Food and Environment Protection Act 1985 allows the Government to make regulations that prohibit the use of pesticides in certain specified areas. Section 17 of the same Act allows the Government to make codes of practice providing practical guidance on pesticide use. Other powers include Article 6 of Regulation 1107/2009, which allows the designation of areas where the use of plant protection products containing a particular active substance may not be authorised.
A wide range of monitoring activities takes place to ensure compliance with legal requirements, and intelligence- led enforcement action is taken where problems are identified. The Official Controls (Plant Protection Products) Regulations 2020 provide additional powers to enable the responsible bodies to operate proactive controls, targeting enforcement where it is most needed.
I turn to Amendments 17 and 17B, and Motion F1 in the name of the noble Baroness, Lady Jones of Whitchurch. The Paris Agreement was ratified by the United Kingdom in 2016 as a sign of its continued commitment to climate action and reductions of CO2 emissions across the world. The Government are bound by it as an international environmental law treaty. The Climate Change Act 2008 set targets in domestic law, which were strengthened to include an obligation for the Government to ensure that the net UK carbon account is 100% lower than the 1990 baseline by 2050.
In previous debates, the Pensions Bill has been given as a precedent for the inclusion of a reference to climate change on the face of a Bill. I looked into this, and the duty is placed on trustees or managers of occupational pension schemes, not the Secretary of State, who is already bound by these obligations. On Thursday 15 October, the Government published their response to the Committee on Climate Change’s Reducing UK Emissions: 2020 Progress Report to Parliament.
Amendment 16B requires the Secretary of State to lay a strategy outlining policies that will be taken towards net zero. I am therefore very pleased to confirm that our response to the Committee on Climate Change includes a new commitment to publish a comprehensive net-zero strategy ahead of COP 26, which will be a wide-reaching and cross-departmental document, making the most of new growth and employment opportunities across the United Kingdom. This will raise ambition as we outline our path to hit our 2050 target. I beg to move.
Lord Whitty (Lab) [V]
My Lords, I oppose the Commons deletion and commend Amendment 11B, which proposes a revised version of what was Clause 38 in the Bill as it left this House.
I thank the Minister for his explanation, and for his courtesy, throughout this discussion and when meeting me yesterday, but I am afraid that he has not yet convinced me. I appreciate that many in this House do not regard this issue as important enough to be dealt with at this late stage in the Bill’s passage, but the Bill will define the future practice of agriculture in this country. We are dealing with agriculture’s relationship with nature, the environment, the food trade and so on, but it also must be about its relationship with those human beings who live and work in our countryside alongside that agriculture. Too many of those rural inhabitants have had health effects from exposure to pesticides, which have been and remain a serious threat to their physical quality of life. They deserve at least the limited and straightforward protection which my amendment provides by requiring the Government to regulate the distance between them and pesticide operations.
There have essentially been only three arguments from the Government against this principle. The first is what the Minister has just said: that the EU authorisation process nowadays ensures that even repeated exposure to the application of legally authorised pesticides cannot lead to serious health effects. I regret to say that medical reports and evidence from rural residents, some of which noble Lords will have seen, suggest substantially otherwise. Noble Lords will also recall the powerful speech on Report by the noble Baroness, Lady Finlay of Llandaff, on the medical issues that residents and others affected by pesticide poisoning have suffered.
I accept that there have been significant changes in EU pesticide authorisation, but they are not sufficient. One of the easiest and most obvious ways to prevent such exposure from causing health effects is to ensure that the exposure to crop spraying is at a prescribed minimum distance from where people are most likely to be: in their own homes, their children’s schools, and so on.
The principle of my original amendment continues to be supported by many in this House, if not all, including my original co-sponsors the noble Baroness, Lady Bakewell of Hardington Mandeville, of the Liberal Democrats, the noble Lord, Lord Randall, of the Conservatives, the noble Baroness, Lady Jones of Moulsecoomb for the Greens, and the noble Baroness, Lady Finlay of Llandaff. However, perhaps it was phrased a little loosely. The main objection in the other place by the Defra Minister, Victoria Prentis—she used slightly overstated terms—was that it would close every field to pesticide application. That was never the intention, so we have deleted the wording which gave rise to that objection and taken out what was originally subsection (1)(b). The only open spaces referred to now are those that are part of education or healthcare facilities. That should deal with the substantive objections that were made from the Government Benches in the Commons.
The other objection, repeated by the Minister just now and in the wording of the Commons reasons, is that Ministers already have these powers. I have two comments on this. There is a key word in my amendment —“must”. If Ministers did have these powers, they have not used them. This amendment would require them to produce draft regulations and to submit them to the usual consultations, and then to both Houses. At the last stage, and in correspondence, Ministers argued that they had possessed these powers since the EU directive in 2009 and the transposition of that in 2012. The Minister has just said that they have actually had these powers since the Food and Environment Protection Act 1985. There is no specific reference there to distance or to residential property—there is a brief reference to healthcare facilities—but even if Ministers are right, and they do in general terms have the right to prescribe distance, why have they not done so in the eight years since the transposition of the EU regulation, and in particular since that 1985 Act? If they are claiming that they already have those powers, they must explain to the House why they have not used them. If we do not pass my amendment indicating that they must introduce such regulations, we may have to wait another 35 years for rural residents to be protected.
I give notice—I should have done so at the beginning —that, unless I hear something different from the Minister, I intend to press this amendment to a Division at the end of this debate.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, it is a pleasure to follow the noble Baroness, Lady Boycott. I am grateful to the noble Lord, Lord Whitty, for re-tabling his Amendment 11B as Motion C1, with some modifications. This is a really important issue. Unless they are extremely foolhardy, those who are spraying pesticides have protection in the form of personal protective equipment and respirators, and they will be in filtered tractor cabs during their work. Rural residents and communities have absolutely no protection at all from the cocktail of toxic chemicals sprayed on nearby crops.
We have in past years not acted on harmful substances being used in agriculture until it is too late for some people who have suffered extreme health problems. I am grateful to the noble Earl, Lord Caithness, for mentioning sheep-dip, and to the noble Countess, Lady Mar. Now is the time to make this change. The other place did not feel that it was necessary, saying that existing legislation was protection enough. I do not agree. The 2009 European regulations on pesticide use have not yet all been implemented. Those relating to dwellings are not scheduled to be carried over after 1 January next year. The Government are now quoting the Food and Environment Protection Act 1985 to deal with the gap. That legislation is 35 years old and had not been referred to during previous stages of the Bill, nor in discussions with officials. At the same time, there is evidence of serious harms from pesticide chemical exposure resulting in out-of-court settlements due to cancers.
This proposed new clause is crucial for securing the protection of rural residents and communities from agricultural pesticides, especially the most vulnerable groups, such as babies, children, pregnant women, the elderly and those who are already ill or disabled, none of whom should ever have been exposed to these toxic chemicals in the first place. The petition to the Prime Minister and the Defra Secretary calling for this proposed new clause to be included has over 12,000 signatures, the majority of which are from affected rural residents. The petition has been supported by several prominent figures including Hillsborough QC Michael Mansfield, the Prime Minister’s own father Stanley Johnson, Jonathon Porritt, Gordon Roddick and the Defra non-executive board member Ben Goldsmith, among others.
All the arguments have been made previously. I remain convinced that this amendment should be on the face of the Bill as the only way to properly protect the public. If the noble Lord, Lord Whitty, wishes to test the opinion of the House, we will support him.
I turn now to Amendment 17B proposed by the noble Baroness, Lady Jones of Whitchurch, in Motion F1. Again, the ethos of the amendment has been thoroughly debated in all previous stages of the Bill. This is a matter which has moved rapidly up the political and non-political agendas. The country has signed up to the Paris Agreement, and the Committee on Climate Change has thrown its weight behind moving towards achieving the country’s 2050 target. As I have previously said, an interim target of 2030 is vital to monitoring progress and ensuring delivery. Agriculture has an important part to play in reducing emissions.
I have not yet read the Government’s response to the Committee on Climate Change, but I am very disappointed by the news that the noble Lord, Lord Krebs, has brought to us about what it says. It is not just we unelected Lords who are concerned about this; the public are very concerned about climate change and the effect it is having on our land and shores. Sir David Attenborough wants us to act; the Duke of Cambridge wants us to act. We must act to give a strong message to the Commons that they must act now—not in 40 years’ time, but now. This amendment should be on the face of the Bill.
Lord Gardiner of Kimble (Con)
My Lords, I am grateful for the opportunity to cover these important points in a little more detail. It has been a very interesting debate. I start by referring specifically to Amendment 11B. I have already set out that the Government have the powers we need to maintain and develop appropriate regulations. I raised the 1985 legislation only because there was concern in your Lordships’ House that there was a gap. I have made it very clear that there is no legislative gap, and indeed there is scope for the Government to act through that legislation. I thought it was only responsible to raise that as the noble Lord, Lord Whitty, and the noble Baroness, Lady Finlay, had suggested in a meeting that there might be a gap. I was doing what I thought was my best endeavours to advise your Lordships that there was no legislative gap.
Before answering some of the questions, I should also say that the Government are committed to the continued development of the regulatory system for pesticides. We will therefore be consulting later this year on a comprehensive update of our national action plan. I think that the noble Baroness, Lady Jones of Whitchurch, was seeking reassurance on that point. There is continuing work. I say to noble Lords that I think the work undertaken by the noble Countess and others is the reason why certain pesticides which were previously used are no longer authorised. That is the point of the system. I was surprised to hear my noble friend Lord Caithness refer to Defra scientists. The Health and Safety Executive is an independent regulator with over 40 years’ experience. Those are the people who we rely on. I am not a scientist, and I think that we all rely on that specialism. As the noble Lord, Lord Carrington, mentioned, no pesticide is allowed on to the market unless the scientists are satisfied that it poses no threat to the health of those living near farmland where it might be applied. I repeat that that assessment process applies to all new pesticides and the safety of existing pesticides and is regularly reviewed.
I should also say, because I have looked into pesticide monitoring, that there is very considerable monitoring, including the National Poisons Information Service and the Wildlife Incident Investigation Scheme. The pesticides usage survey monitors the use of each pesticide chemical on each crop. Those schemes collect and consider information on possible incidents. In particular, the National Poisons Information Service collects inquiries and reports from medical professionals and reports its findings. Those are considered by the Health and Safety Executive and the UK Expert Committee on Pesticides to see whether there are implications for particular pesticides or for the regulation of pesticides in general.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 9, to which the Commons have disagreed for their Reason 9A.
Lord Gardiner of Kimble (Con)
The amendment raises the important issue of creating a healthy, more sustainable food supply chain. The Government have this aim in mind, and the Bill as drafted will allow us to reward farmers and land managers for adopting environmentally sustainable food production methods, and to support them to produce food in ways that make more efficient use of resources. Put simply, we are already doing this. The Government have commissioned an independent review into the food sector led by Henry Dimbleby. His interim report was released in July this year, and in the coming months your Lordships can expect a cross-departmental response to his report. It will include a full discussion on healthy food and the transformation of the food system.
The Government have made a firm commitment to publish a White Paper on food within six months of the final Dimbleby report, which is expected in the spring. This strategy will set out proposals that will aim to ensure that the food system delivers healthy, sustainable and affordable food for all. My officials have already established a cross-Whitehall working group for all relevant departments to discuss the development of the White Paper and to respond to the independent review. This will be overseen by a Defra director-general. We want to ensure that there is sufficient time to consider the findings and secure cross-government agreement.
I heard noble Lords loud and clear in earlier debates on this subject when they stressed the importance of creating an integrated policy on food. As your Lordships rightly warned, the problems that we face are urgent. We fully recognise this, which is why we are already working with the Department of Health and Social Care to ensure that improvements to public health are a core objective of government policy. On 27 July, the Government launched their new obesity strategy to set out practical measures to help to get the nation fitter and healthier, to protect people against Covid-19 and to protect the NHS. A coalition of partners is supporting delivery of the strategy through the Better Health campaign, which aims to encourage adults to change their lifestyle in order to attain a healthier weight.
On the availability of food, we already have under Clause 19 a duty on the Government to report to Parliament on the crucial subject of food security. The Government listened to the concerns raised in your Lordships’ House and have committed to a three-year frequency of report and to publishing the first report on or before the last day before Christmas Recess 2021.
The report will provide analysis on the subject of household food security under Clause 19(2)(d)—“household expenditure”. It will analyse the ability of consumers to access and afford a healthy diet for themselves and, most importantly, for their children. It will draw on guidance such as the Government’s own Eatwell Guide and from data sources as wide as the Food and Agriculture Organization of the UN and our own national statistics in the Living Costs and Food Survey and the Family Resources Survey. The latter will include for the first time in the 2021 publication data from the responses to a group of questions from the Food Insecurity Experience Scale, a world-recognised measurement of household food security which the UK Office for National Statistics will also use for reporting under sustainable development goal 2: zero hunger.
I hope that those points, in which I have registered the essential work of the Dimbleby report and, candidly, all that we need to do across Whitehall to address an issue that we are seeing starkly in our country today, will persuade noble Lords not to press their amendments. I beg to move.
Motion B1 (as an amendment to Motion B)
Lord Gardiner of Kimble (Con)
My Lords, I thank noble Lords for another insightful debate. I say immediately that although Defra has the lead responsibility for food, many departments across government have a strong interest in this matter, as the noble Lord, Lord Krebs, recognised and as I did my opening remarks. The team is engaging across Whitehall as well as with partners across the whole food system—including academics, farmers, businesses, civil society and the general public—to develop the recommendations from Henry Dimbleby’s independent review.
I am fully seized of the point that, in the end, Ministers will need to be fully engaged on this because this will be a cross-Whitehall, cross-departmental consideration. What I was really saying is that work is already under way in the department, with a director-general leading it, so that we are absolutely ready with a White Paper. I would not want the noble Lord, Lord Krebs, to think that this is it; there is much more to do, which is why I emphasise that work is already under way.
The noble Lord’s amendment raises important issues. I repeat what I said in my opening remarks, particularly those to my noble friend Lady McIntosh: the Government will reply with a cross-departmental response to the interim report released in July this year. I cannot tell precisely in which month that will be but, as I said, in the coming months, there will be a cross-departmental response to the interim report that will include a full discussion on healthy food and the transformation of the food system.
These are hugely important matters. In this short debate, we have all recognised that this is clearly a matter of supreme urgency and seriousness. As I said before, Defra is committed to producing a food strategy White Paper setting out proposals that will aim to ensure that the food system delivers healthy, sustainable, affordable food for all. We have been clear that the Government will publish the White Paper within six months of the final report from the independent review being published and—this is another point for the noble Lord, Lord Krebs—as with all White Papers, it will be available to Parliament and we can expect much debate in your Lordships’ House and the other place on its contents. The Government have already asked Henry Dimbleby to review progress on the White Paper 12 months thereafter; obviously, that is an important feature because action is what is required, not a report—however worthy.
I hope that the noble Lord, Lord Krebs, and your Lordships find these further remarks helpful.
The Deputy Speaker (Baroness Pitkeathley) (Lab)
I have received no requests to speak after the Minister so I call the noble Lord, Lord Krebs.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 11, to which the Commons have disagreed for their Reason 11A.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 12, to which the Commons have disagreed for their Reason 12A.
Lord Gardiner of Kimble (Con)
My Lords, with the leave of the House I will speak also to Motions E, E1, G and G1.
It is entirely right and proper that your Lordships should sometimes ask the other place to think again about a given issue. However, the House of Commons has voted on this matter twice already. An amendment with a similar effect to Amendments 12 and 16 was rejected by the other place in its earlier deliberations on Report, and its view on the noble Lord’s amendment has been made equally plain more recently.
We have looked very carefully at Amendment 16B in lieu, proposed by the noble Lord, Lord Grantchester, which seeks that we ask trading partners to demonstrate equivalence across a range of policy areas. The intention here is well understood, but this amendment still amounts to seeking additional, and potentially expansive, conditions from trading partners. Conditions such as these are not a feature of any other country’s trade policy. I was very struck by this when I took further advice—because obviously this is not my specialist area. I repeat that conditions such as these are not a feature of any other country’s trade policy.
Demonstrating and agreeing equivalence of rules is a complex, technical and resource-intensive task. For example, agreeing equivalence of a range of animal health and food safety rules with New Zealand has taken years. So, in theory, it is possible. However, we believe that doing so in the manner set out here would be disproportionate and in practice would likely mean adding years of such processes ahead of any ratifications. So this amendment could result in pressure to pursue an unrealistic negotiating objective.
On Amendment 18 and Amendment 18B in lieu—Motion G1—in the name of the noble Lord, Lord Curry of Kirkharle, like Amendment 16B, this raises the subject of parliamentary scrutiny. Once again, I make it clear that, under the Constitutional Reform and Governance Act 2010, trade deals under negotiation now and in the future must be laid before Parliament. As was confirmed by the International Trade Secretary in a Written Ministerial Statement on Monday 12 October, there will be a full scrutiny process. I have now read it in full, and I urge noble Lords to read it after this debate, because I thought it was a very comprehensive statement. This includes publishing objectives and initial economic assessments prior to the start of talks, and providing regular progress updates to Parliament; updates on the conclusion of negotiation rounds with the United States and with Australia are recent examples.
We will share a full impact assessment covering the economic, social, environmental and animal welfare aspects of each trade deal. This will be independently scrutinised by the Regulatory Policy Committee. We will also engage closely with the relevant Select Committees and will endeavour to ensure that they have at least 10 sitting days’ advance sight of all agreements, on a confidential basis. The final agreement text will be laid before Parliament for 21 sitting days, giving Parliament time to scrutinise deals.
I am also pleased to be able to say that the Government are already conducting extensive consultation beyond Parliament, with a range of groups in place to advise on trade policy. These include the Department for International Trade’s agri-food trade advisory group, which was renewed in July and which includes over 30 representatives from the food industry, and Defra’s supply chain advisory groups. Of course, this scrutiny is enhanced by the Trade and Agriculture Commission. Recently, the commission launched a call for evidence to 200 relevant parties, covering several questions, including how standards can best be upheld while securing the benefits of trade.
Finally, I should also mention the important role that the FSA and FSS play in regulating imports. Indeed, I concentrated on some of this at a meeting last week with the chair and others in the FSA. The FSA draws on the expertise of 100 scientific experts and support staff and has recruited 35 additional members to its advisory committees. It also takes wider consumer interests into account, such as the impact on the environment, animal welfare and food security, drawing on appropriate expertise and stakeholders to do so.
I can therefore confirm to the noble Lord, Lord Curry of Kirkharle, that the approach envisaged in Amendment 18B is already under way. With these remarks, I beg to move.
Lord Grantchester (Lab)
First, my Lords, I apologise to the House that I was not present at Third Reading; I was engaged in Committee on the Trade Bill. I would also have liked to have thanked the Ministers, the noble Lord, Lord Gardiner, and the noble Baroness, Lady Bloomfield, for the patient and receptive way in which they guided the Bill through the House. I also pay special regard to Nathalie Sharman and her Bill team for the excellent advice they gave us on the many calls the Minister facilitated to fill in the gaps in our appreciation.
We are now down to the final key issues on which the future of British agriculture must be built. Once again, I declare my interests as having been in receipt of EU funds, and with interests as recorded in the register.
I thank the Minister for his introduction to this group of amendments and for explaining the Commons’ reasons why it has chosen not to agree with your Lordships’ House. However, the reason given is to misunderstand the amendment. I do not consider the amendment to create new requirements for imports to meet particular standards. Is that really the right answer, when the Government claims that the withdrawal Act puts into UK law all the present standards inherited as a previous member state? Of course, they can no longer claim that, as future standards can be changed through technical statutory orders. This reveals the direction of travel the Government wish to take in agreeing to a US trade deal. We seek to put in primary legislation what the Government have claimed is in the withdrawal Act. The answer comes back, “Why do you wish to legislate for what the Government have no intention of doing?” Well, that is the stated intention. We are all warned of unintended consequences, and it is not the intention of the previous amendment to be misinterpreted. So we have drafted the amendment in lieu for your Lordships’ consideration.
It is clear that the amendment does not exclude cheaper products. It is open to other countries to sell food to the UK, provided that it meets the same legal thresholds in standards that presently pertain in the UK. Certainly, we can raise standards in time, but we cannot lower them. Price is for the market and for consumers to consider.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, I thank the Minister for his introductory remarks, and for his briefings and those of his officials. I support the contributions from the Floor of the House asking to elevate him to the role of Secretary of State for Agriculture in our Chamber.
We have heard some excellent contributions this afternoon. In his Motion E1, the noble Lord, Lord Grantchester, laid out the arguments for Amendment 16B, which addresses how the UK’s animal welfare, food and environmental standards will be protected in the negotiation of future free trade agreements. FTAs permit imports to be subject to conditionality based on animal welfare. We are nothing if not a nation of animal lovers. The Government have set themselves the goal of having the best animal welfare standards in the world. This is laudable, but action will need to be taken to ensure that this happens.
Earlier, we debated the previous incarnation of the Trade Bill, when the Government themselves proposed and passed an amendment ensuring that UK animal welfare and environmental standards would be protected in trade agreements. The noble Baroness, Lady McIntosh of Pickering, has referred to how standards can be changed during the statutory instrument process, and I agree that labelling is going to be vital. A broad range of NGOs and bodies representing the UK agriculture sector believe that the Government must protect our farmers and standards by requiring that imports meet UK standards. I support the amendment of the noble Lord, Lord Grantchester, which assists the Government to meet their stated aim of healthy, sustainable food for trade and communities, as he has indicated. There is a minefield to be negotiated here.
I now turn to Motion G1 and Amendment 18B, in the name of the noble Lord, Lord Curry of Kirkharle, whom I congratulate on his introduction. I was dismayed that the Government did not allow his previous amendment to be debated in the other place due to a technicality regarding the use of public funds. At no point during our deliberations in Committee or on Report was this raised as an issue. When the debate on the Lords amendments took place in the other place, although this amendment was not on the order paper, many MPs expressed support for its aim, as other Peers have said, including the noble Duke, the Duke of Wellington. The noble Lord, Lord Curry, has altered its wording, so let us hope that it will find favour with the other place and get an airing there.
British farmers work the land and stock; their animals are well looked after and the high standards that pertain here ensure that those purchasing home-reared products can have confidence in their produce. This amendment does not take away any of the power of the Government or the other place; in fact, the opposite is true. Sadly, I agree with the noble Earl, Lord Caithness, that the Government do not really “get” agriculture. The National Farmers’ Union fully supports this measure, which protects farmers from poorer quality—and, possibly, cheaper—imports slipping in under the net of protection that British farmers operate under. The NFU’s petition has attracted over a million signatures, as others have referred to.
While we welcome the Government’s move to set up a Trade and Agriculture Commission, this had a very limited life and no legislative basis at all. It was not independent of government and had no teeth to implement its findings, as others have so eloquently said. It would also have reported long before the move from the basic payments scheme to the environmental land management scheme had become fully operational. The transition of farmers from one scheme to the other is a source of anxiety among the agricultural community. The pilots that are currently running under ELMS have yet to be assessed, and farmers are unsure what the future holds for them.
Amendment 18B would require the Government to report to Parliament on the impact of trade deals prior to ratification, looking specifically at how food imports will be addressed under those deals and whether food produced to different standards will be allowed under their terms. This is important to ensure that our farmers are not undercut. It would set up the Trade and Agriculture Commission on a permanent basis, instead of as a non-statutory body, currently due to be disbanded in January 2021, and it will require the Government to consult fully on these powers.
What we have before us is a compromise, but it is a fair compromise, ensuring we safeguard our standards in future trade deals. It will not impinge on the primacy of the Executive in negotiating trade deals. It gives parliamentarians an important say on whether those final deals are in the interests of the British people before they come into effect. Surely, this is a key role of Parliament.
If we are to enter into trade agreements that do not meet the Government’s manifesto commitments on environmental standards and animal welfare, where are we? When the noble Lord, Lord Curry, divides the House, the Liberal Democrat Benches will be supporting him fully.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords for a far more extensive debate, in terms of numbers, than I had imagined. It adds to the many other debates that we have had on this matter over the past months.
Some noble Lords could get me into considerable trouble, so I say, emphatically, that I work for an exceptional Secretary of State. Obviously, I do not take these things personally. Like many other Ministers with farming interests—I should also declare my membership of the NFU—I understand agriculture, because I come of farming stock. I understand the mindset of so many farming families and communities at this time. My noble friends Lord Lansley and Lord Cormack I hope knocked on the head the issue of financial privilege. I mention particularly to the noble Baroness, Lady Bakewell of Hardington Mandeville, that this is the procedure. My noble friends who were in the other place know this. I do not want any noble Lord to think that the points raised were not of interest, but simply to understand why it is as it is.
I get the mood of the House and, I imagine, the mood beyond it, but hope that some of the detail in my opening remarks and in what I say now will ensure that whatever the differences, we are all in agreement about the necessity and desirability of maintaining standards. I will not repeat, as I have on other occasions, the legal import requirements that we already have. We have import rules on antibiotic growth promoters in domestic law. I am sure that the noble Baroness, Lady Boycott, knows that, but the implication was that this may not be part of our domestic law. To put the record straight, it is, and therefore the points that she made would relate to our import rules.
We have yet to explore fully the opportunity of trade across the world for British agriculture and horticulture. When I say “British”, I mean across the United Kingdom. England has a very strong agricultural sector, but my goodness, it is very strong in Wales, Northern Ireland and Scotland too. I say this to the noble Lords, Lord Empey and Lord McCrea.
My noble friend Lord Cormack rightly mentioned producing food at home, but when I speak to my noble friend Lord Grimstone, the opportunities for producing British food and drink across the United Kingdom for export are what he is so keen to grasp. As I have said before, some of the debate that we have had in this House has, on balance, been determined that everything will be grim, whereas I see considerable opportunities for British agriculture and horticulture.
I set out the range of rigorous processes that ensure full input into trade deals and to allow them to be effectively scrutinised. Our overall approach to scrutiny goes well beyond that of many comparable parliamentary democracies. The noble Baroness, Lady Bakewell, referred to a key role of Parliament. Parliament has enormous input and scope to say “No”. All treaties that require ratification are subject to scrutiny procedures under the CRaG Act 2010. Any legislation required to give effect to our FTAs must be scrutinised and passed by Parliament.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 16, to which the Commons have disagreed for their Reason 16A.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 17, to which the Commons have disagreed for their Reason 17A.
Lord Gardiner of Kimble
That this House do not insist on its Amendment 18, to which the Commons have disagreed for their Reason 18A.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsThursday 1st October 2020
(5 years, 9 months ago)
Lords ChamberRead Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 134-I Marshalled list for Third Reading - (28 Sep 2020)
“(ba) the Scottish Ministers, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to Scotland;”Member’s explanatory statement
This amendment enables the Scottish Ministers to give financial assistance under Clause 17.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I shall speak to a small number of technical amendments, and I declare my farming interests as set out in the register.
These are technical operability amendments and do not represent any change of policy. The Government are acting on very recent legal advice from the European Law Group and the Office of Parliamentary Counsel, the Government’s primary legislation drafters, on the interpretation of the withdrawal agreement as regards retained EU law, with the objective of ensuring that no doubt remains that these powers to continue EU CAP legacy schemes will operate as intended for England, Wales, Northern Ireland and Scotland.
Amendments 1 and 4 relate to the new clause created by Amendment 45, as agreed on Report, “Continuing EU programmes: power to provide financial assistance”, and will ensure that the Scottish Government are able to make domestic payments where agreements and programmes are currently supported under an EU programme relating to rural development or fruit and vegetable producers once the funding for the programme has been used up. This amendment has been tabled at the request of the Scottish Government, whose primary legislation has progressed quickly through their Parliament and who do not have, as a result, an immediate opportunity to correct this themselves.
Amendments 2 and 3 have the effect of adding the promotions aid legislation—EU regulation 1144/2014, delegated regulation 2015/1829 and implementing regulation 2015/1831—to the list of legislation which will become retained EU law under the new clause created by Amendment 46 “Retained direct EU legislation”, as agreed on Report. This ensures that EU legislation relating to promotion measures for agricultural products which has a direct impact under the withdrawal agreement in relation to existing programmes will also be included in retained direct EU legislation. We have made these amendments at the request of DAERA, which wants to retain the ability to carry out agri-promotion legacy schemes in Northern Ireland under this legislation after the end of the transition period.
Government Amendments 107 and 110 at Report gave Welsh Ministers and DAERA the power to modify retained EU law for CMO apiculture legacy schemes. Amendments 5 and 6 correct a drafting oversight by specifying the resolution procedure for government Amendments 107 and 110 as agreed at Report, for the Welsh Government and DAERA to make regulations in their respective parliaments.
In line with the Sewel convention, the UK Government have sought the legislative consent of all the devolved legislatures for the provisions that engage the LCM process. I am pleased to report that each of the devolved legislatures has agreed legislative consent for the Agriculture Bill on the recommendation of its respective devolved Administration. The Northern Ireland Assembly agreed to the LCM on 31March 2020; the Senedd Cymru on 29 September and the Scottish Parliament on 30 September.
I would like to make clear again that these are purely technical amendments and were tabled at the request of the devolved Administrations to ensure that the legislation operates as intended. These amendments are consequential upon those tabled at Report to reflect the new European Law Group advice. The Government have not changed their policy. I hope that noble Lords will understand my wish, on behalf of the devolved Administrations, to ensure that these matters are firmly settled before the Bill leaves your Lordships’ House. I beg to move.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for his explanation of these amendments. As I know he is aware, it is clearly very frustrating that they have been tabled at such a late stage. As he has explained, several of the changes come as a result of late requests from the devolved nations. It is a worrying sign of the complexity of legislation across the four nations that decisions are being made on different timeframes and with different consequences for the agricultural community. It underlines our view that we need a robust framework agreement within which we can anticipate and plan legislative changes affecting the four nations in an orderly way in future.
It is understandable that Scotland might want the same powers as other devolved nations to provide financial assistance for rural development initiatives, but I share the concerns of my noble friend Lord Foulkes on this. When were the Scottish Government made aware that the powers applied to everybody apart from Scotland, and when did they put in their request to add these powers into the Bill? If future requests are made by the devolved nations, would it be possible to deal with them via secondary legislation, since, had this Bill passed, where or how else could these matters have been pursued?
The Minister also explained that there had been a drafting error on the management of apiculture. It needs a resolution procedure for changes, which has now been included in the Bill as a negative resolution. Have these late changes been sent to the Delegated Powers Committee for review? What provisions are available if other drafting errors of this kind come to light once the Bill has been passed? It goes without saying that we hope no other errors appear, but sadly, as the noble Baroness, Lady Bakewell, reminded us, the department has not been exempt from similar errors in secondary legislation in our recent past. Unfortunately, we have form on this.
Finally, the Minister explained that a small number of changes arise from a change in advice from the lawyers about how sections of the withdrawal agreement should be interpreted. Were the lawyers made aware that this Bill was reaching its final stages of consideration and were they given a deadline for their advice which would have allowed the consequences of it to be introduced into the Bill in a timely way? I know the Minister shares our frustration that these issues have arisen at such a late stage. If nothing else, I hope there can be a resolution from the department to learn from these errors so that the same mistakes do not occur in the next piece of legislation and that we can deal with all these matters in a timely manner.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have taken part in this short debate on these technical amendments. No one could be more frustrated than I am at coming before your Lordships at Third Reading with new technical amendments. It is not desirable, and I regret it.
However, on the issue with the Scottish Government, I emphasise to the noble Lord, Lord Foulkes of Cumnock, and all noble Lords that there was no afterthought. Nothing was overlooked. What I am bringing forward is at the request of the Scottish Government. I agree with the noble Baroness, Lady Jones of Whitchurch, that this is why work on the framework, collaboration and working together, although agriculture is devolved, are so important.
We clearly did not want to assume that Scotland also wanted powers and we waited for the Scottish Government to confirm that they wanted the provisions extended to them before assuming that that would be the case. We are in regular contact with officials in the Scottish Government. We understood that they were made aware on 15 September; we gave timings and deadlines, and the Delegated Powers Committee was made aware.
I agree that in the perfect world we would have been able to include these at least on Report, if not before, but they are issues that have recently come forward. As I said, I felt that it was better these were dealt with, as they needed to be, in primary legislation. Given the fact that these were flagged up and that the devolved Administrations sought us to attend to them for them, I thought it would be austere—to say the least—to say, “No, you’d better wait for opportunities within your own Administrations.” That is why, although I am frustrated about it and I recognise that frustration, they have come forward.
I am very grateful to all noble Lords for their kind remarks. I say to my noble friend Lady McIntosh of Pickering that no one wants to have legislation that is in error in any sense. That is why we have professionals and lawyers bringing forward that expertise. Obviously, what has happened here is that there are some things which the devolved Administrations have looked at and said, “Actually, we would like to have this within our own legislative framework and our own schedules.”
On the point about apiculture, I agree with the noble Baroness, Lady Bakewell, that bees and pollinators are absolutely essential not only for our crops but for the natural world. This was about ensuring that the regulations in Wales and Northern Ireland, and any changes in them, were to be dealt with by the negative resolution. It was not that there were no regulatory powers; it was to confirm it would be through the negative resolution.
As I say, I wish that these matters had come forward earlier, but—I say this particularly as the noble Lord, Lord Foulkes, raised it—I want to get these things right. That is why I have asked your Lordships to accept these amendments. I reiterate that they do not represent any change, they are consequential on those tabled on Report, and they reflect the advice that we need to attend to these for the devolved Administrations at their request. Given the time constraints, introducing them at this stage did at least allow us to ensure that the legislation operates as intended and, very importantly, to the satisfaction of the devolved Administrations. We have had very positive working relationships on the Bill, and more widely as a department. I am very pleased that each devolved legislature has agreed the legislative consent for the Bill on the recommendation of their respective devolved Administrations.
I know that my noble friend Lady McIntosh raised issues separate to the amendments themselves, which obviously I will reflect on. In the meantime, I beg to move the amendment.
Member’s explanatory statement
This amendment is consequential on the Minister’s other amendment to this clause.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to Clause 17.
“(3) Regulations under this paragraph are subject to negative resolution procedure (unless section 54(5) applies).”Member’s explanatory statement
This amendment sets out the procedure for the regulation making power contained in paragraph 5 of Schedule 5.
“(3) Regulations under this paragraph are subject to negative resolution procedure (unless section 54(5) applies).”Member’s explanatory statement.
This amendment sets out the procedure for the regulation making power contained in paragraph 6 of Schedule 6.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, we have come to this final stage of—I think we would say—lengthy deliberations on a Bill which will have a lasting impact on farming and the rural economy. It has been my privilege, coming from a farming background, to have responsibility for the Bill.
It has also presented, if I may say, some challenges from all sides of the House—and quite often from behind me. I am clear that our consideration of the Bill has been full and detailed. My noble friend Lady Bloomfield of Hinton Waldrist—to whom I pay a very strong tribute—and I have enjoyed the opportunity to discuss with your Lordships these important matters. I think we would all accept that it has been wide ranging, and I entirely appreciate the commitment with which your Lordships have scrutinised the Bill.
In particular, I acknowledge the cordial working relationship we have both had with the noble Baronesses on the Front Benches opposite and the noble Lord, Lord Grantchester. We all seek a vibrant future for British farmers and the production of food of high quality and to a high standard. Farmers are also custodians of the countryside and our landscapes, and I believe the Bill provides a framework for these two imperatives: food production and an enhanced environment.
I also take the opportunity to thank the Bill team and all the officials at Defra and within the devolved Administrations for their collaborative working, which has made my task not only—on most occasions—straightforward but especially stimulating and rewarding. I beg to move.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
I think, perhaps, if the noble Lord, Lord Marlesford, cannot hear us, we will have to call it a day. I am sorry about that. The noble Lord, Lord Judd, has withdrawn, so I now call the Minister.
Lord Gardiner of Kimble (Con)
My Lords, perhaps I may say to my noble friend Lord Marlesford that I will contact him and hear what he has to say. We have heard from the South Downs, Somerset, Northumberland, Cumbria, and we would have heard from Suffolk—that range of great landscape and food production. I am reminded by the two noble Baronesses talking of late nights that of course there are late nights of harvest as we try to ensure we get as much in before the weather changes or before the moisture rate gets too much. There are also early mornings, which is so much a feature of livestock farming. I know very few farmers who think that late nights are a very good idea. So there has been some stamina about our deliberations, and that is something I admire in this House. We really get stuck in and we take to these things.
The noble Lord, Lord Curry of Kirkharle, with his very great experience, used the word “reshaping”, but there are some great constants as well. It is essential that we provide good food in this country. It is essential that we have good husbandry of the animals that we are the custodians of as farmers, that provide food as well.
I also reflect on the experience of your Lordships and, as I have said before, being a Minister in the House of Lords is a very different concept to the other place. I know that there are many noble Lords who know far more about the subject than I do. That is not the case, I suspect, in the other place, and it sometimes does help to raise one’s game.
On ELMS, I well understand the importance of the test and trials. That is why I have been very straightforward with your Lordships that across the piece, in every part of the country, with all land tenures and different topographies, the tests and trials are in place so that this works for the farmer and the land manager. Whether it is tier 1, 2 or 3, it is designed to be their scheme too. I look forward to keeping your Lordships involved and engaged in those matters.
I have to warn your Lordships that obviously Defra will bring forward a programme of statutory instruments; I understand that three will arise from this legislation. However, clearly, in the months and years ahead, statutory instruments will be engaged as we move forward, and I look forward to working with your Lordships on them.
I say to the noble Lord, Lord Inglewood, that we have of course found a lot of consensus, and where we have disagreed and there have been civilised collisions, I utterly respect the views that have been expressed. I say to the noble Lord that I think I am grounded, and I know jolly well that my ministerial colleagues are. We are acutely aware, as we go through a period of change, that we need to work with each and every farmer up and down the land and to work collaboratively with them, because this is a joint venture. I am not very good with IT systems—I am always nervous of them. I have taken that point and I have already made that point, but it is helpful to have that on the record. [Interruption.] There must be a farmyard somewhere in the House.
We have all worked extremely hard on the Bill and it has been a privilege to serve your Lordships.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsTuesday 22nd September 2020
(5 years, 10 months ago)
Lords ChamberRead Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 130-IV Provisional Fourth marshalled list for Report - (21 Sep 2020)
Baroness Jones of Whitchurch (Lab)
My Lords, I begin by referencing my interests at Rothamsted Research, as recorded in the register. I thank the noble Baroness, Lady Finlay, my noble friend Lord Whitty and the noble Earl, Lord Dundee, for their amendments. They have all given powerful examples of the public health concerns that arise from close contact with pesticides. As the noble Baroness, Lady Finlay said, sadly, all too often our experience has been that the health problems come to light when the damage has already been done. You cannot blame the public for their scepticism when they are assured that chemicals are safe, because the reality all too often appears further down the line.
My noble friend Lord Whitty specifically raises concerns about the impact on those living and working adjacent to fields which are regularly sprayed. Farm workers have the details of the chemicals involved and, we hope, the appropriate protective clothing, but no such provision is made for the local population, so the provision in my noble friend’s amendment for a minimum distance to be set by regulation between private land being sprayed and nearby residential areas seems eminently sensible.
When we debated this in Committee, we argued for research into alternative methods of pest and disease control, in keeping with the wider aspirations of the Bill to deliver integrated pest management and greater biodiversity. We also argued that targets should be set for the reduction in pesticide use. This becomes eminently achievable as precision farming techniques become more widespread, and these issues were rightly raised by the noble Earl, Lord Dundee, in speaking to his amendment. I would say to the noble Lord, Lord Taylor, that what he is describing is best practice, not universal practice, and this is where the problems lie.
In Committee, the Minister confirmed that once we have left the EU at the end of the year, we will take responsibility for our own decisions on pesticide use in the UK. She also confirmed that the Government will consult on a national action plan to reduce pesticide use later this year, so it would be helpful if the noble Lord could update your Lordships on the timetable for that consultation and the progress to date. Can he also confirm that any recommendations will continue to be based on the precautionary principle?
In the meantime, the challenge of my noble friend Lord Whitty’s amendment is more immediate and pressing. Whatever the Government’s overall plans for pesticide reduction, there are likely to be continuing problems for those living close to fields that are being sprayed. This is an immediate issue of public health protection. I therefore hope that the Minister is able to provide some reassurance to my noble friend that action to protect those residents is being planned as part of the wider review. If he is unable to satisfy my noble friend, I make it clear that if my noble friend pushes it to a vote, we will support him. In the meantime, I look forward to the Minister’s response.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I am most grateful to all noble Lords who have spoken in this debate, bringing with them experience of agriculture or medical specialism. I declare my farming interests as set out in the register.
Turning to the amendments of the noble Baroness, Lady Finlay, I should first say to all noble Lords that the Government are committed to protecting people and the environment from the potential risk posed by pesticides. As I will explain, the Government have a robust regulatory system in place to ensure that pesticides are not used where that may harm human health. The use of pesticides is allowed only where a comprehensive scientific assessment shows that people will not be harmed. The scientific risk assessment carried out before pesticides are authorised covers all situations where people may be exposed to pesticides, including risks to residents and bystanders from the volatilisation of the pesticide’s active substance after application of the product. Products found to have an unacceptable risk from exposure would not be authorised.
The risks of possible pesticide spray-drift from pesticide use are assessed before a new pesticide product is authorised. This includes the effect of different factors, including wind speed, and the results are used to set specific statutory conditions of use for that pesticide as we only authorise products that will not have any harmful effect on human health.
The label on a pesticide product is the main source of information for the user of that pesticide. Phrases such as those listed in Amendment 76 relate to the classification of the concentrated product rather than the diluted spray. The information is required to minimise the user’s exposure and to ensure that they use the product safely and effectively. All users of pesticides are required to follow the statutory conditions of use for any pesticides they use. They should also follow the guidance contained in the Code of Practice for Using Plant Protection Products. The code requires that all users take reasonable precautions to protect the health of people, creatures and plants, to safeguard the environment, and, in particular, to avoid pollution of water. The code specifies that users must ensure that pesticides are only applied in the appropriate weather conditions with the correct, properly adjusted equipment, and that applications must be confined to the area intended to be treated. Collectively, these controls ensure that people are properly protected, based on appropriate risk assessments. They allow pesticides to be used where this is safe and will help UK farmers to provide a supply of high-quality affordable food.
The Government are committed to monitoring the impacts of the use of agricultural pesticides. Indeed, monitoring schemes are in place to report on the level of usage of each pesticide and on residue levels in food. They also collect and consider reports of possible harm to people or to the environment. We will continue to review the monitoring arrangements to ensure that they remain effective in supporting the authorisation process.
Turning to Amendment 80, I am most grateful to my noble friend for raising integrated pest management and the more precise use of pesticides, including through new technologies and new concepts, to which my noble friend Lady McIntosh referred. Pesticide users can reduce the need for pesticides, further reducing risks to the environment, combating pest resistance and supporting agricultural productivity. This is very important for all farmers: pest resistance is another issue we must contend with. The Government have made a commitment in the 25-year environment plan to putting integrated pest management at the heart of their approach. There are advances in this area that we should all champion.
A number of points have been made by noble Lords, but I particularly want to pick up the matter raised by the noble Baroness, Lady Finlay, and the noble Lord, Lord Whitty, and deal with the precise issue of lacuna and gap. That is precisely why the upcoming consultation on the draft updated UK National Action Plan for the Sustainable Use of Pesticides will set out how the Government will deliver our 25-year environment plan commitment. I also say to the noble Baroness, Lady Jones of Whitchurch, and my noble friend the Duke of Wellington that as part of this, the Government are considering the extent to which targets may support the delivery of integrated pest management. The consultation on the national action plan will be launched later this year and will set out these plans in more detail. I say to the noble Lord, Lord Young of Norwood Green, that in Committee we had an extensive debate on gene editing and as I said then, we believe that the best way forward is to have a full and proper consultation on those matters.
I turn now to Amendment 78. I was very pleased to meet the noble Lord, Lord Whitty, and the noble Baroness, Lady Finlay, to discuss these matters. The Government agree that pesticides should not be used where they may harm human health or pose unacceptable risks to the environment. By pesticides, we mean all the plant protection products commonly used in agriculture and beyond, including herbicides, fungicides and insecticides. A robust regulatory system is in place to deliver that objective and to make sure that an authorised product, used correctly, does not harm people. As has been said by my noble friend Lord Taylor of Holbeach, that system derives from EU law and, in particular, Regulation 1107/2009, setting out the rules for assessing and authorising pesticides, and Regulation 396/2005, setting limits for pesticide residues in food. All this EU legislation will be carried over in full into UK law at the end of the transition period.
Lord Gardiner of Kimble (Con)
My Lords, we have certainly had a fulsome debate on this matter. Whether it was in favour of or against these amendments, the opinion of this House was very clear. As I said, the Government’s manifesto commitment—I am pleased to add further to the record of my remarks of the noble Lord, Lord Rooker—is that in all our trade negotiations we will not compromise on our high standards of environmental protection, animal welfare and food standards.
I am grateful to my noble friends Lady Noakes and Lady Neville-Rolfe. I would reply to the noble Lords, Lord Purvis of Tweed and Lord Rooker, by saying that none of the 20 continuity trade agreements signed to date would undermine domestic standards. This demonstrates the Government’s commitment not to compromise on our high standards in trade agreements. I am fully aware that until all the trade agreements have been signed and settled, some of your Lordships simply will not believe that this is the case. I look forward to those noble Lords who are determined that this is not the case at least having the courtesy to say, “Actually, our fears have been allayed”. I set that as a challenge.
I confirm once again that the Government are well aware of the vital importance of maintaining—indeed, enhancing—the UK’s farming reputation, as it serves as an excellent platform to increase demand for UK produce and consequently enhance export opportunities for our agri-food businesses.
On my noble friend Lady McIntosh’s Amendment 90, the Government are dedicated to improving animal welfare standards. For instance, we have committed to a serious and rapid examination of the role of labelling in monitoring high standards and high welfare across the UK market; we will consult on that at the end of the transition period. The animal welfare labelling consultation’s objective is to seek stakeholder views on different possible policy outcomes for improving consumer transparency in relation to the animal welfare standards of produce for sale. This could apply to domestically produced products and those imported from third countries, as well as animal welfare standards on farms, in transport and at slaughter. The Government will consider what possible labelling reforms might be pursued in the light of responses to the consultation, which at this stage they do not want to pre-empt. Changes to how products are labelled will not mean changes to our existing standards for how products must be produced. I also say to my noble friend that marketing standards in England are already very high, as they are consumer and retailer led and often go over and above the current EU standards. We will not use Clause 35 to lower standards for products either produced in England or imported, only to make or amend domestic marketing standards.
On Amendments 89ZA, 93 and 105, as your Lordships know, the Government made an unequivocal commitment in our manifesto not to compromise on our high standards in our trade negotiations. Of course, I understand concerns in this area; they have been aired this afternoon. I have already said that noble Lords’ immediate concerns can be allayed by the example of the 20 continuity agreements. I wish to highlight the risks of duplication and complication in what the amendments present, compared with our existing protections. I will tell your Lordships of the robust processes, bodies and systems in place to protect our standards.
The EU (Withdrawal) Act 2018 retains in law our standards on environmental protections, animal welfare, animal and plant health and food safety at the end of the transition period. This provides a firm basis for maintaining the same high level of protection for both domestic and imported products. Any changes to legislation would require these to be brought to Parliament and the usual parliamentary scrutiny processes to apply. The noble Lord, Lord Grantchester, and my noble friend Lady Neville-Rolfe referred to beef and poultry. Notably, this includes the EU law banning the import and production of hormone-treated beef, which has been transposed into domestic law and will continue to operate in the UK after the end of the transition period, applying in all parts of the UK.
I also reiterate that existing food safety provisions relating to pathogen reduction treatments permitted on poultry carcasses will continue to operate independently in UK law after the transition period. It remains the case in the UK that no substances other than potable water are approved to wash poultry carcasses.
The noble Lord, Lord Krebs, asked a number of questions. First, the Government’s manifesto commitment is clear and covers environmental protection, animal welfare and food standards. This includes standards applied to the assessment of novel foods, which the FSA will continue to lead. Also, a range of physical and documentary checks will ensure that biosecurity is maintained, alongside protecting animals and plants in public health. Also, the border operating model—I am happy to send it to the noble Lord—has been published with much more detail.
Given not only their experience but the considerable work they undertook, the noble Lords, Lord Krebs and Lord Rooker, will know that the independent work of our food regulators—the Food Standards Agency, or FSA, and Food Standards Scotland, or FSS—and rigorous processes will continue to ensure that all food imports into the UK are safe and meet the relevant UK product rules and regulations. This will include imports under new free trade agreements. In addition, the FSA recently announced that its chief executive will develop a regular written assessment, which will provide the FSA’s view on the state of food standards and consumer interests. Regulated food products, such as food and feed additives, enzymes, flavourings or GM food and feed, undergo the FSA’s risk assessment process before being placed on the UK market. This process is rigorous, independent of government and based on robust scientific evidence.
I say to the noble Lord, Lord Krebs, that the process will bring a substantial weight of expertise to bear. The FSA has doubled the number of risk assessors since 2017. It can draw on the expertise of 100 scientific experts and support staff and has recruited 35 additional members to its advisory committees. It also takes wider consumer interests into account, such as the impact on the environment, animal welfare and food security, drawing on appropriate expertise and stakeholders to do so. Moreover, the expertise of other government departments such as Defra, the devolved Administrations and agencies such as the Animal and Plant Health Agency may be brought to bear in the risk analysis process and when considering risk management options.
Lord Grantchester (Lab)
This has been another good debate on another key issue in the Bill. I thank all noble Lords who have spoken on these amendments, which cover the key variances of opinion on approaches to food standards for imported product through the mechanism of a Trade and Agriculture Commission.
In Committee, I expressed anxiety about the approach of a Trade and Agriculture Commission, should this be the only way that UK food and production standards could be maintained as future trade deals are negotiated. From these Benches, we wanted to secure the enactment of the UK’s minimum level of food standards by enshrining it in legislation. That your Lordships’ House passed this measure earlier tonight has added to our confidence that the House of Commons is being asked to think again on this issue.
This allows us to approach these amendments with confidence that the Trade and Agriculture Commission could provide valuable insights and independent analysis on all trade deals concerning food standards, which would encompass the equivalents of production methods, welfare standards and environmental conditions that apply in the UK.
There are essentially two amendments from two very eminent Members of your Lordships’ House, although they are subject to further amendments. Amendment 97 is led by the noble Baroness, Lady McIntosh of Pickering. She has come into the House from the Commons, having served as a very successful chair of the other place’s Environment, Food and Rural Affairs Select Committee. I pay tribute to the way she steered that prominent committee.
Amendment 101, also with amendments, is proposed by the noble Lord, Lord Curry of Kirkharle, and others. It has the backing of the National Farmers Union, which has been prominent in discussions throughout proceedings both here and in the Commons. The NFU could not team up with a better proponent for agriculture. The noble Lord, Lord Curry, spoke of his reflections on his career in agriculture. Over many years, he and I met at several key moments of agricultural policy developments. They might be designated as crossroads for agriculture. Here is another: he will probably say that he has met me too often.
While I commend the amendment in the name of the noble Baroness, Lady McIntosh, we much prefer the reconsidered amendment in the name of the noble Lord, Lord Curry, and I am grateful for the remarks of my noble friend Lady Henig in her summary of the situation. We will support Amendment 101 rather than Amendment 97, should that be pressed to a vote.
We welcome the developments that took place over the summer and I can signal that we will approve the amendment, with or without the further amendment in the name of the noble Lord, Lord Randall of Uxbridge. Amendment 102 widens the representation on the commission and further enshrines its permanence beyond the temporary nature that was the Government’s very limited concession on this proposal. That amendment provides better clarity on Amendment 101 than Amendment 104 in the name of the noble Earl, Lord Dundee.
The amendment in the name of the noble Lord, Lord Curry, puts the commission on a statutory and permanent basis, with key powers to make recommendations to the Government and Parliament on all future trade deals. This key improvement should be taken back to the Commons for reconsideration, underlined by the widespread approval of this House. This key mechanism to adjudicate independently on trade deals is needed for consumer confidence and demanded by farmers, endorsed by all their unions in all parts of the United Kingdom. The NFU has secured the agreement of the British public through a petition signed by over a million people.
The potential loophole that exists for food that goes into the food service sector needs to be plugged by the commission. We would contend that your Lordships should return this amendment to the Commons with a powerful majority. The commission could build up considerable expertise that will be crucial for the future of food standards and an excellent resource in parliamentary scrutiny of future trade deals.
Lord Gardiner of Kimble (Con)
My Lords, I thank noble Lords for contributing to another thought-provoking debate. I will deal with the amendments as one because they are so interrelated.
As noble Lords will be aware, the European Union (Withdrawal) Act 2018 retains in law our standards on environmental protections, animal welfare, animal and plant health, and food safety at the end of the transition period. The independent advice of our food regulators, the FSA and FSS, and the rigorous processes they have developed, will continue to ensure that all food imports into the UK are safe and meet the relevant UK product rules and regulations, including imports under new free trade deals. A range of other government agencies, such as the Veterinary Medicines Directorate, the Health and Safety Executive and the Animal and Plant Health Agency, will ensure that the full range of standards and import requirements within their remits are upheld.
I am sure that the noble Lord, Lord Trees, will remember what I said in response to an earlier group of amendments, but I will repeat it. The FSA has doubled the number of risk assessors since 2017. It can draw on the expertise of 100 scientific experts and support staff and has recruited 35 additional members to its advisory committees. It also takes into account wider consumer interests such as the impact on the environment, animal welfare and food security.
The noble Lord, Lord Trees, also spoke about the Japan trade deal. The audit and verification function is currently being developed within Defra and will be in place and operational before the end of the transition period. All existing import standards will continue to apply to the new Japan trade deal, as they will for other trade agreements.
In addition, a range of established stakeholder groups is already in place to advise the Government on trade policy development. These include the DIT’s agri-food trade advisory group, which has a recently renewed membership of more than 30 representatives from the industry who will provide close technical and strategic advice to the Government as negotiations progress. This approach has been welcomed by these stakeholders as a way to input meaningfully into ongoing trade talks. Defra also continues to run various supply chain advisory groups, such as the arable group, the livestock group and the food and drink panel. These groups already provide valuable expert advice to help the Government develop trade policy and they will continue to do so.
In addition to this, the Government listened closely to valuable feedback from Parliament and stakeholders, most notably the NFU—of which I should declare my membership—to strengthen these existing arrangements. In July we established the Trade and Agriculture Commission, which operates under the auspices of the Department for International Trade. Defra is closely involved in this work and Defra officials are part of the commission’s secretariat.
Lord Gardiner of Kimble (Con)
My Lords, for the sake of the record, I will repeat for my noble friend my replies to the noble Lord, Lord Trees. I said that since 2017, the FSA has doubled the number of its risk assessors. It can draw on the expertise of 100 scientific experts and support staff, and it has recruited an additional 35 members to its advisory committees. In addition, I should say to my noble friend that it takes wider consumer interests into account, such as the impact on the environment, animal welfare and food security. I also said in my reply that the function of audit and verification is currently being developed within Defra and will be in place and operational before the end of the transition period.
I am not going to repeat my speech about the number and range of trade advisory groups and the people who have been asked to join the working groups on the Trade and Agriculture Commission. I said specifically that the wide inclusion of authoritative figures was a testament to the fact that the Government recognise the need for advice on these matters and will listen. I am surprised at the suggestion from my noble friend that this country does not have within its midst—because it does—people with great expertise in trade negotiations. That is why we want the Trade and Agriculture Commission to have within it people with a range of expertise. The commission was specifically asked to undertake this work in the context of there already being statutory bodies in place, and I think I have given, in very long and detailed responses to both this and an earlier group, details of the capability and the range of work that the FSA and other bodies will undertake.
On the arrangements for a commitment to a transparent and inclusive trade policy, I shall repeat again what I said, so that it is clear. Parliament has a clear scrutiny role under CRaG which provides parliamentarians with a period of 21 sitting days to scrutinise the final treaty text before it can be ratified. Those are the provisions that I set out. I also said that we would be going beyond the statutory requirements of CRaG. I shall not repeat the long passage I set out earlier, but we will set out the way in which Parliament will be informed and updated, and the way in which Parliament and the committees of both Houses will have a very considerable opportunity to opine on these arrangements.
On the national food strategy, I am sorry, but Henry Dimbleby has been asked to do a very thorough piece of work and he has been undertaking that. My noble friend may say that it is not satisfactory that his final report will not be available until the end of the Trade Bill, but I have no doubt that during the passage of that Bill, Parliament will have a lot to say—I am convinced that parliamentarians in both Houses will have a great deal to say. It does not mean that we should stop the Trade Bill because we are awaiting the very important final report from Henry Dimbleby. As I have already said, the Trade and Agriculture Commission has been asked to look into some of the early recommendations in Henry Dimbleby’s report. I have nothing more to say on the matter. I have explained why I think the Government’s bona fides are strong, but I sense that your Lordships will think to the contrary.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I have added my name to this amendment in the name of the noble Baroness, Lady Jones of Whitchurch. All noble Lords who have taken part in this debate have spoken passionately and knowledgeably on the subject of climate change. The noble Baroness, Lady Jones of Moulsecoomb, believes that a real plan for how to move forward is essential, but the Government have no vision on how to achieve this.
Unlike many of your Lordships, I am not an expert, but I can see all around me the signs that the planet is warming, and this is having a detrimental effect on all of us. Farming is often blamed for contributing to climate change, and certainly it does not help, but the blame cannot be laid entirely at the door of farmers. We are all responsible and have our part to play in reducing carbon emissions.
The target of 2050 for the reduction of our emissions is far too far away. In order to monitor our progress as a nation, an interim target of 2030 is essential. Agriculture and the NFU have estimated that they will be able to achieve their net zero target by 2040. It is a pity that the Government cannot follow this example.
The noble Lord, Lord Randall of Uxbridge, referred to the burning of peat bogs, and I ask the Minister whether such a practice would qualify under the ELMS. The noble Lord, Lord Krebs, stressed how important it is to reduce our emissions by 2030, and I am sure we all agree. The noble Lord, Lord Inglewood, expressed concern around the debate on emissions that farmers need to respond to the problems before them, taking into account the economic consequences. He said that the rural economy is very fragile and that a degree of realism is needed.
As I have said previously, I will not be here in 2050, but my children and grandchildren will, as will the children and grandchildren of the majority of noble Lords taking part today. I will give just two very different examples of the effects of climate change globally.
I am lucky enough to have stood in the Maasai Mara very close to a white rhino. I was absolutely terrified and did not move a muscle. What a magnificent beast it was. Soon, if we do nothing, the 3,000 that are left out of the previous 65,000 will be gone. On a more parochial level, the bullfinch is one of my favourite birds and used to be seen in our hedgerows. This bird has all but disappeared from our countryside, and it is nearly five years since I saw a solitary bullfinch.
UK agriculture alone has not directly caused these two instances, but it has not helped. As the noble Lord, Lord Judd, said, we need to address this and have effective targets. Now is the time to take action; now is the time to set an interim target for 2030; and now is the time to stand up and be counted. I hope that the Minister is able to agree with this amendment and I look forward to his comments.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords for their contributions to this very important debate on the noble Baroness’s Amendment 100. The first thing I would like to say is that I am most terribly sorry if a letter has not been attended to, but the messaging I have had is that, whatever the noble Lady decides, my door is always open and we can arrange meetings if there are—as I know there will be—continuing discussions on a range of things relating to climate change and agriculture. I want to put on record that I try my best to attend to correspondence and it seems that this one has slipped through the net—so I apologise for that.
This is a crucial matter and, as far as I am concerned, we must all work together on this. In June 2019, the Government amended the Climate Change Act to legislate for a target of net zero by 2050 and introduced carbon budgets, which cap emissions over successive five-year periods. The Government have set these as interim targets on the road to net-zero emissions. I am particularly interested in this matter, and I went through the noble Baroness’s amendment. The Secretary of State is already required to have due regard to the Government’s commitment to achieving net zero as set out in the legally binding Climate Change Act 2008, and in reference to the Paris Agreement on climate change.
The Committee on Climate Change advised that emissions reductions will be needed in all sectors to achieve the UK’s net-zero GHG emissions target by 2050. Targets are set by the Act, but we do not have sector-specific targets under it; this is true across all sectors and departments. The absence of legally defined sector-specific targets ensures that we can meet our climate change commitments in the most cost-effective way across the economy, maximising social and environmental benefits and mitigating damaging trade-offs.
In the United Kingdom, agriculture at this moment constitutes 10% of annual greenhouse gas emissions. I entirely agree that agriculture must—and I underline “must”—play its part in addressing this grave matter. I note, for example, the 2019 report from the Committee on Climate Change on achieving net zero, which says:
“It is difficult to reduce agriculture emissions to near-zero given the inherent biological processes and chemical reactions arising from crops, soils and livestock.”
Agricultural greenhouse gas emissions have reduced by 16% since 1990, with many farms using more efficient agricultural practices. My noble friend Lady McIntosh raised land-use change and forestry: all of these can continue to provide benefits in carbon sequestration. I would be the first to say that more needs to be done, and much more needs to be done.
I am obviously pleased about the ambition shown by many in the sector, including the National Farmers’ Union. Climate change represents a significant challenge. Indeed, the noble Baroness, Lady Jones of Moulsecoomb, quite rightly feels passionately about this matter, so perhaps the words “significant challenge” are a terrible understatement. This is a very grave matter that we need to address. However, I will say that there are great opportunities for the sector, and we will continue to work closely on this issue with the NFU and other leading stakeholders, including through the Greenhouse Gas Action Plan partnership.
Another point the noble Baroness made in her amendment was on the devolved Administrations. Agriculture is a devolved matter, as we all know, so each national Administration is responsible for their own policy to address climate change in the direction of agriculture. The nations are united in a desire to reach net zero and reduce emissions from agriculture. This can be seen, for example, in DAERA’s efficient farming implementation plan, or in the Welsh Government’s Prosperity for All publication that outlines their low-carbon delivery plan. We will work together across the union to ensure we are delivering a solution that will work for the whole of the United Kingdom. This includes agreeing common frameworks, which include a framework on the best available techniques for preventing and minimising emissions.
Defra takes a key role in supporting emissions reduction from agriculture and land use by providing scientific advice and evidence. This includes long-term breeding work to develop more efficient, productive and resilient crops and livestock, as well as research on more efficient feeding strategies for livestock. Such research includes the clean growth through sustainable intensification project, which is due to complete in November of this year. This research has been carried out alongside academics, government officials, stakeholders and farmers, and will outline productivity and land management options, as well as advice on actions and innovative technologies that will reduce emissions from agriculture. These options will be the most effective, best value for money and most feasible for the sector to action. This research has influenced, and will continue to influence, development of future farming policies such as ELM.
I am very pleased that Clause 1(1)(d) of the Bill already enables the Secretary of State to give financial assistance for the purposes of
“managing land, water or livestock in a way that mitigates or adapts to climate change”.
ELM will be the key delivery mechanism for this and a powerful vehicle for achieving goals set out in the 25-year environment plan, our net-zero target and commitments made in the Clean Growth Strategy. Schemes such as the productivity grant scheme, the Woodland Carbon Fund and the expanded Countryside Stewardship scheme will also contribute to emission-reduction goals alongside ELM. I agree with the point that my noble friend Lady McIntosh made: working with nature will be an increasing imperative and feature of our work.
As set out in the ELM policy discussion document published in February, it is proposed that tier 3 of the scheme should focus on delivering landscape-scale projects that can make significant contributions to national priorities such as net zero. This could include funding for afforestation, peatland restoration and wetland creation. We have proposed that the scheme should also incentivise environmentally sustainable farming through tier 1 and the delivery of locally targeted environmental actions through tier 2.
The provisions of the Environment Bill will bring all climate change legislation within the enforcement remit of the office for environmental protection, also known as the OEP. Under the robust governance framework established through the Climate Change Act, our independent advisers, the Committee on Climate Change, scrutinise government actions and hold us to account. The OEP will work closely alongside the Committee on Climate Change on climate issues, ensuring that their individual roles complement and reinforce each other.
The OEP is required to monitor the Government’s progress in improving the natural environment in accordance with the content of environmental improvement plans, the first of which is the 25-year environment plan, and—I emphasise—targets. It must produce an annual report on its findings. When undertaking this independent assessment of the Government’s progress, the OEP may consider that the Government could improve progress in meeting one or more of the goals within the 25-year environment plan. For example, this could include a recommendation that additional funding be provided to deliver the purposes set out in Clause 1 of the Agriculture Bill.
Having now been given a sight of her letter, I also say to the noble Baroness that Defra is not the only department responding to climate change. Reducing carbon emissions and enhancing the environment are priorities for the Government. Indeed, there is a new Cabinet Committee on Climate Change to oversee this effort and drive forward action across the whole of government. BEIS leads across government on climate change and net zero, and all departments are working to deliver. For example, DfT published the first phase of our transport decarbonisation plan in March 2020 and MHCLG aims to publish a heat and building strategy later this year. Next year the UK will host the vital COP 26 climate negotiations, and we are determined to use this conference to promote ambitious action to deliver the transformational change required by the Paris Agreement.
I looked very closely at the detail of the noble Baroness’s amendment. I think I have covered all the components of the amendment in terms of what the Secretary of State is already required under law to have due regard to in this matter. I have spoken of our work with the devolved Administrations, which again is imperative because there is no point us all spinning in our own orbits. This will need a collaborative approach.
“Apiculture
4A(1) The Welsh Ministers may by regulations modify any of the following legislation so far as it has effect in relation to Wales—(a) retained direct EU legislation relating to apiculture, and(b) subordinate legislation relating to that legislation.(2) In this paragraph “retained direct EU legislation relating to apiculture” includes in particular—(a) Articles 55 to 57 of the CMO Regulation, and(b) retained direct EU legislation made under that legislation.”Member’s explanatory statement
This amendment allows the Welsh Ministers to amend retained direct EU legislation relating to apiculture.
“Apiculture
5A(1) DAERA may by regulations modify any of the following legislation so far as it has effect in relation to Northern Ireland—(a) retained direct EU legislation relating to apiculture, and(b) subordinate legislation relating to that legislation.(2) In this paragraph “retained direct EU legislation relating to apiculture” includes in particular—(a) Articles 55 to 57 of the CMO Regulation, and(b) retained direct EU legislation made under that legislation.”Member’s explanatory statement
This amendment allows the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to amend retained direct EU legislation relating to apiculture.
““EU regulation”, “EU decision” and “EU tertiary legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20 of that Act);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendments to insert new Clauses (Continuing EU programmes: power to provide financial assistance) and (Retained direct EU legislation).
Member’s explanatory statement
This amendment and the other government amendments to Clause 50 are about the extent to which the Secretary of State and the devolved administrations may make supplementary, incidental, consequential or transitional provision in connection with provisions of the Bill.
Lord Gardiner of Kimble (Con)
My Lords, the government amendments in this group are technical. They amend the list of provisions in the Bill for which the Secretary of State and the devolved Administration Ministers can make supplementary, incidental, consequential or transitional provisions. We have brought them forward at the recent request of the devolved Administrations—that perhaps pre-empts the question as to why this was a recent request of the devolved Administrations.
The effect of these amendments is that the devolved Administration Ministers have the power to make supplementary and consequential provision to amend primary legislation, either UK or devolved, in all additional areas of the Bill where a legislative consent Motion is being sought.
This is not about filling any legislative gap or changing government policy. These are technical amendments which were needed to ensure that the devolved Administrations have the necessary powers to make such provisions, should it be required. The amendments reflect the slightly different powers each devolved Administration is taking in the Bill. For example, Clause 34, on agricultural tenancies, applies only to Wales.
Officials from the four Administrations have worked closely together on this issue to ensure that the scope of powers under Clause 50 provides all Ministers with the necessary powers, consistent with the devolution settlements. I am pleased the clause has been amended to satisfy Welsh, Scottish and DAERA Ministers. I beg to move.
The Deputy Speaker (Baroness Morris of Bolton) (Con)
The noble Baroness, Lady McIntosh of Pickering, is no longer speaking in this group, so I call the next speaker, the noble Baroness, Lady Bakewell of Hardington Mandeville.
Baroness Jones of Whitchurch (Lab)
My Lords, I also thank the Minister for that helpful clarification, and thank him very much for listening in Committee, when devolved issues were given a thorough airing. We certainly were made very much more aware of some of the issues and challenges that we will face on agriculture going forward, in trying to reach agreement between the devolved Administrations.
It was helpful that he clarified those famous words, “appropriate authority”, which seem to be peppered throughout all our legislation and which always leave us with the question of what the appropriate authority is, but he has very helpfully clarified that now. It was also helpful that he clarified that this was a recent request, which explains why this has come back at a fairly late stage.
I thank the Minister; he will be pleased to know I do not have any questions. Following on from the noble Baroness, Lady Bakewell, as this is the end of Report stage, I would just like to thank both Ministers for their enormous patience and courteousness throughout the whole process. Although we did not always agree, I thought we disagreed with particular aplomb and understanding, so I thank them very much. I know that we will have the opportunity to make more formal thanks at a later stage. It has been a long process, and I think it is time to wrap up at this point.
Lord Gardiner of Kimble (Con)
I would just like to thank the two noble Baronesses for their very kind remarks and brief contributions to this debate. I wanted to thank them and all on the Front Bench, including my noble friend Lady Bloomfield, and other noble Lords, for this Report stage of the Agriculture Bill. Our disagreements have always been civilised, and there are many things on which we can agree. I think these amendments are also important because they put into reality the very strong working relationship between Ministers and officials across the devolved Administrations.
“(1A) The Welsh Ministers may by regulations make supplementary, incidental or consequential provision in connection with—(a) sections 31 to 33, so far as relating to Wales,(b) section 34 and Schedule 3, so far as relating to Wales,(c) sections 36 and 37, so far as relating to Wales,(d) section 43 and Schedule 5,(e) section 44, and(f) section 49 and Schedule 7 so far as they apply in relation to Wales.(1B) The Scottish Ministers may by regulations make supplementary, incidental or consequential provision in the law of Scotland in connection with— (a) sections 31 to 33, so far as relating to Scotland, and(b) sections 36 and 37, so far as relating to Scotland.(1C) DAERA may by regulations make supplementary, incidental or consequential provision in the law of Northern Ireland in connection with—(a) sections 31 and 32, so far as relating to Northern Ireland,(b) sections 36 and 37, so far as relating to Northern Ireland,(c) section 45 and Schedule 6, and(d) section 49 and Schedule 7 so far as they apply in relation to Northern Ireland.(1D) The Secretary of State may not make regulations under subsection (1) containing provision which could be made—(a) by the Welsh Ministers under subsection (1A)(a) or (b) or (d) to (f),(b) by the Scottish Ministers under subsection (1B)(a), or(c) by DAERA under subsection (1C)(a), (c) or (d).(1E) The Secretary of State may make regulations under subsection (1) containing provision which could be made—(a) by the Welsh Ministers under subsection (1A)(c),(b) by the Scottish Ministers under subsection (1B)(b), or(c) by DAERA under subsection (1C)(b),only if the Secretary of State has first consulted (respectively) the Welsh Ministers, the Scottish Ministers or DAERA.”Member’s explanatory statement
See the explanatory statement to the first government amendment to Clause 50.
“(ia) giving financial assistance by the Secretary of State under section (Continuing EU programmes: power to provide financial assistance);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert new Clause (Continuing EU programmes: power to provide financial assistance).
Member’s explanatory statement
This amendment is partly consequential on the Minister’s amendment at page 43, line 29 and also secures that new Clause (Retained direct EU legislation) extends to England and Wales, Scotland and Northern Ireland, by virtue of Clause 52(4).
“(za) sections (Continuing EU programmes: power to provide financial assistance) and (Retained direct EU legislation);” Member’s explanatory statement
This amendment secures that new Clauses (Continuing EU programmes: power to provide financial assistance) and (Retained direct EU legislation) will come into force on the day on which the Act is passed.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsThursday 17th September 2020
(5 years, 10 months ago)
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Baroness Wilcox of Newport (Lab) [V]
My Lords, it seems only right that, having spoken on the amendments in the fourth group, which would have restricted financial assistance to solely supporting production, I also respond to these amendments, which call for the opposite.
Amendments 43 and 44 come from different places but clearly demonstrate the importance of allowing a level of financial assistance for purposes other than production. I absolutely agree with the noble Baroness, Lady Bennett of Manor Castle, when she said on Tuesday evening that she wishes to see a United Kingdom where there are no food banks. Their proliferation in both rural and urban areas in the last 10 years is a failure of government to address poverty issues in our communities. The devastating effects of the pandemic, combined with the disastrous rollout of universal credit, have pushed more and more people in this country into reliance on these services, which casts an indelible blight on one of the world’s richest economies.
I am particularly interested to hear the Minister’s response to Amendment 44, which raises the lack of progress—in public, at least—in relation to the UK shared prosperity fund. I know that my colleagues in both national and local government in Wales are particularly interested to know what happens next in the distribution of this promised funding, which replaces the generous EU grants of previous decades. I share my noble friend Lady Young’s fears about the shared prosperity fund being neither shared nor prosperous.
In relation to Amendment 44, does the Minister believe this point is covered by the government amendments in the group after next? If not, is there any form of contingency should a gap arise in the availability of development funds?
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I thank all noble Lords for their contributions to this debate. I will take Amendments 43 and 44 together. I would like to reassure your Lordships that we recognise the importance of the issues that these amendments raise. Farmers and farming households make a valuable contribution to our national life, and we recognise that the needs of farming households may change as we move away from the common agricultural policy.
As set out in their manifesto, the Government intend to introduce the UK shared prosperity fund to replace EU structural funds. The manifesto also stated that it will, at a minimum, match the size of those funds in each nation, which was reiterated by the Chancellor in the last Budget. The final decisions about the quantum and design of the funding will take place after a cross-governmental spending review.
The Government have made a long-standing commitment to ensure that all policies are rural proofed—that is, ensuring that policy outcomes work in rural areas. This includes the development and delivery of the UK shared prosperity fund, on which Defra and MHCLG officials are working closely. In advance of the introduction of the UK shared prosperity fund, £60 million of funding will continue to flow to rural businesses via the final tranche of the growth programme, which the RPA is currently assessing.
The fund will play a vital role in supporting rural and coastal communities in recovery and renewal from Covid-19, and our expectation is that the growth programme and LEADER elements of EAFRD will be a component of the fund. This was set out in a letter from the Defra Secretary of State to the chair of the EFRA Select Committee on 7 September. Defra officials continue to work closely with the Ministry of Housing, Communities and Local Government, which leads on the fund’s development, to ensure that its design takes account of the dynamics of rural economies and particularly the challenges faced by rural communities, as well as the opportunities that I believe rural communities have. We have been in contact with MHCLG Ministers and I can assure your Lordships that MHCLG recognises the importance of these considerations.
I fully recognise the importance of reassuring rural communities and farming households about the future of local growth funding. The Government will look to set out their national approach to local economic recovery and devolution through a White Paper expected in the autumn. We firmly believe that the best way to make progress is to continue to work collaboratively at local and national level. The MHCLG has established an economic recovery working group, which meets regularly, bringing together a range of local growth partners to work on emerging themes and concerns across the country, including those relevant to rural areas. This includes representatives from rural local enterprise partnerships and local authorities.
If new socioeconomic support programmes were to be operated under Clause 16, they would have to operate under broadly the same framework dictated by the existing CAP. Clause 16 provides the Secretary of State with the power to modify or repeal retained EU legislation relating to rural development in England. This clause will not be used to introduce any new schemes, as they will be covered under Clause 1.
I very much hope that the noble Lord, Lord Cameron of Dillington, and the noble Earl will accept my confirmation that the UK shared prosperity fund will provide great opportunities for growth and investment in rural communities and will include the successor for the growth programme and LEADER elements of EAFRD. I believe this is a cause we all share and hope that, on that basis, given the explanation of the work we are undertaking between the two departments and the imperative of rural proofing, the noble Lord will feel able to withdraw his amendment.
The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)
I have received a request to ask a question from the noble Earl, Lord Devon.
Lord Gardiner of Kimble (Con)
My Lords, when we come to the amendments in my name I will explain that they intend to, and will, provide for the smooth running of existing schemes under the EU programmes, not only so that they can continue to work well but so that people due to receive funds from them can do so. The amendments we have discussed were about additional and beyond, but my amendments on retained EU law are technical amendments to ensure that the existing programme under the existing schemes can work effectively.
Lord Cameron of Dillington (CB) [V]
My Lords, I thank all those who have taken part in this short debate, albeit that it has taken place over two days—three, if you add in yesterday. I also thank the Minister for his carefully worded reply. I know that he personally understands the problems I have described and the importance of the wider rural economy, not only to farmers and farming households but to those who live on the edge in our countryside and whose poverty remains largely ignored by government.
Meanwhile, I reassure my good friend, the noble Baroness, Lady Young, that it was never my intention to take money away from ELMS, or even the agricultural budget—or perhaps, as she might have put it more figuratively, I had no wish to hang another bauble on to the ELMS Christmas tree. I was trying to make the “rural affairs” bit of Defra a bit more of a reality, as recommended by two Select Committee reports of this House in recent years. However, as hinted at by my very old friend, the noble Baroness, Lady Chisholm, it is probably best to keep rural communities alongside all other communities and therefore firmly within the ministry for communities, now known as MHCLG.
The Minister has indeed given me some comfort in what he said about the shared prosperity fund, although I realise that nothing is certain before the comprehensive spending review. It might have been good to hear some indication as to when we will get any tangible details about the shared prosperity fund, but I suppose, with our economy currently on a precipice of uncertainty owing to the fallout from Covid and the ongoing doubts about the Brexit deal, it would have been asking too much to expect more detail when neither the Treasury nor MHCLG have any firm grip on where they are going.
Anyway, I will stop there. In the light of the Minister’s undertakings on the Floor of the House about a future rural component of a shared prosperity fund, I beg leave to withdraw my amendment.
“Continuing EU programmes: power to provide financial assistance
(1) The appropriate national authority may give financial assistance to—(a) a person who is a party to an agreement entered into in accordance with any of the following provisions—(i) the Rural Development Regulation,(ii) any legacy rural development provision, or(iii) Articles 32 to 35 of the Common Provisions Regulation (community-led local development), so far as relating to support for rural development,where the agreement has not concluded, or(b) a producer organisation implementing an operational programme approved in accordance with the producer organisations aid provisions.(2) In this section—“appropriate national authority” means—(a) the Secretary of State, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to England;(b) the Welsh Ministers, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to Wales;(c) DAERA, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to Northern Ireland;“the Common Provisions Regulation” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc;“legacy rural development provision” means any EU regulation, EU decision or EU tertiary legislation relating to support for rural development that preceded the Rural Development Regulation (including—(a) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,(b) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,(c) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,(d) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and(e) Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a Community scheme to encourage the cessation of farming);“the producer organisations aid provisions” means—(a) Articles 32 to 38 of the CMO Regulation, which make provision about aid for fruit and vegetable producer organisations (“producer organisations aid”),(b) so far as relating to producer organisations aid, Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors, and(c) so far as relating to producer organisations aid, Council Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors;“the Rural Development Regulation” means Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development.”Member’s explanatory statement
This amendment allows the Secretary of State, the Welsh Ministers and DAERA to continue to make payments where agreements and programmes are currently supported under an EU programme relating to rural development or fruit and vegetable producers.
Lord Gardiner of Kimble (Con)
My Lords, I shall speak also to Amendments 46, 107, 110, 111, 122, 123, 124 and 125 in my name. Following new legal advice from the European Law Group and the Office of Parliamentary Counsel, these technical amendments are being tabled to put beyond doubt that a body of retained EU law relating to multi-annual programmes under rural development and common market organisation will be created at the end of the implementation period, where this is not created automatically by virtue of the interrelationship between the withdrawal agreement and European Union (Withdrawal) Act 2018.
Clauses 14, 15, 16 and their equivalents in the Welsh and Northern Irish schedules all rely on a body of retained EU law being created on implementation period completion day that can then be applied in domestic law and modified as required. Article 138 of the withdrawal agreement means that rural development programmes and some parts of the common market organisation will continue to operate under EU law after the end of the implementation period. However, Section 3(2)(a)(bi) of the European Union (Withdrawal) Act 2018 prevents EU legislation that is directly applicable in domestic law as a result of the withdrawal agreement under Section 7A of EWA also becoming retained EU law. I am sorry about this, but I want to go into some technical detail so that it is very clear to your Lordships.
This created a legal doubt as to whether the legislation governing the relevant rural development and CMO aid schemes would roll over to become retained EU law. These amendments therefore put that question beyond doubt by ensuring that a body of retained EU law relating to multi-annual agreements and programmes in rural development and CMO will be created at the end of the implementation period. They also provide a payment power to continue paying existing holders of agreements or programmes once the EU funding ends. This power to pay does not depend on modifying retained EU law. Such a power is necessary to ensure domestic funding can step in when existing EU budgets are exhausted in circumstances where these agreements and programmes continue to be regulated under the withdrawal agreement.
As I said, these are technical amendments required to ensure the Bill works as it was originally intended, so that modifications may be made to existing programmes where appropriate, simplifications and improvements may be made to schemes and scheme beneficiaries can continue to receive payments. These government amendments are supported by, and made with the approval of, the devolved Administrations. That is most important and the schedules for Wales and Northern Ireland are at their request. I also emphasise that there is no change to the policy intent of Clauses 14, 15 and 16. I beg to move.
The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)
I call the noble Lord, Lord Marlesford.
Baroness Wilcox of Newport (Lab) [V]
My Lords, we welcome these technical government amendments, aimed at providing greater certainty over the state of legacy funding schemes and EU-derived legislation.
I appreciated the Minister’s technical explanations in his introduction. However, I would appreciate it if he could explain why these amendments have been tabled only at this late stage of consideration, given that the points they cover will have been on the department’s radar for quite some time.
A number of EU exit statutory instruments have been found to contain errors that have required correction by later instruments. Is there a mechanism for changes to be made to these provisions should any problems arise? We have spent a summer of U-turns, with a plethora of problems arising across government in a range of offices and service delivery and systems simply not working. Should it not be the case with good governance that problems are dealt with before they become a problem? I urge the Minister to use his expertise in these matters to look at these mechanisms again and ensure that changes can be made to the legislation in good time in this House.
Lord Gardiner of Kimble (Con)
My Lords, this has been a very helpful debate. I am most grateful to noble Lords for their general welcome for the amendments, although I want to deal with some of the points made. I will be the first to say that the perfect form is something we all aspire to, but I am afraid that we are all human.
I want to explain this matter precisely because my noble friend Lord Caithness and the noble Baronesses, Lady Wilcox of Newport and Lady Bakewell of Hardington Mandeville, made absolutely fair points. The advice from the European Law Group about retained EU law changed recently, prompting Defra lawyers to want to put beyond doubt that we can continue to pay beneficiaries under existing CAP schemes.
I would not blame the noble Lord, Lord Mann, if he was not listening to our earlier deliberations, but I explained on Tuesday that one reason why the Government were keen to start the transition is that we are the first to say that we do not think that the CAP has been directed properly or that it has given value for money on all the things we want to do. I am happy to send that reference to the noble Lord; we are clear that that is why we want a transition and want to start now. As for existing programmes, I also say to the noble Lord that this is about where people have entered into existing programmes in good faith. We want them to have the ability for that to continue, as the programmes were forces for good, and for those applicants to receive the funds that they thought were the case.
On a point raised by my noble friend Lady McIntosh, I say to noble Lords that part of what we will want to do in supporting the farming sector but also rural communities is that there will be financial assistance through Clause 1 and other clauses in this Bill for farmers. I emphasise that the whole essence of the UK shared prosperity fund is that “shared” means across the country. I assure your Lordships that this is the case everywhere I go; it means to former mining communities, rural, coastal, suburban and urban. It is a shared prosperity fund, and it will not be successful unless it is precisely that. I absolutely understand that it is important that all communities—certainly those that have been going through very difficult times over quite a long period of time and particularly in those areas where industrial change has been so acute—are included.
I am grateful to all noble Lords for their welcome for these measures. As I say, I have had to bring them forward because there has been a change of advice. As for my noble friend Lord Caithness’s question about whether there are other sectors, I try to master this brief but mastering other departments’ briefs might be a little difficult. However, I will send that message back.
As for the length of the programme—the “natural end” that my noble friend Lady McIntosh spoke of—I cannot say precisely for each and every scheme, but we have said that we will fulfil our promise to pay for those schemes that are in existence through domestic funding for the length of those particular schemes. I cannot comment on each and every scheme, but we say that we will back those schemes that have been entered into in good faith.
With those explanations—I will look at Hansard in case there are more technical details—I beg to move.
The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)
I have received no requests to speak after the Minister.
“Retained direct EU legislation
(1) To the extent that any legislation within subsection (2), (3), (4) or (5) would (in the absence of this subsection) be prevented from becoming retained direct EU legislation on IP completion day by section 3(2)(a)(bi) of the European Union (Withdrawal) Act 2018, section 3 of that Act is to have effect in relation to that legislation as if subsection (2)(a)(bi) of that section were omitted.(2) The legislation within this subsection is—(a) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development,(b) Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development,(c) any EU regulation, EU decision or EU tertiary legislation relating to support for rural development that preceded the Rural Development Regulation (including—(i) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,(ii) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,(iii) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,(iv) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and(v) Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a Community scheme to encourage the cessation of farming),(d) any legislation made under the legislation in paragraphs (a) to (c), and(e) so far as relating to support for rural development—(i) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc, and(ii) any legislation made under that Regulation.(3) The legislation within this subsection is—(a) Articles 32 to 38 of the CMO Regulation, which make provision about aid for fruit and vegetable producer organisations (“producer organisations aid”),(b) so far as relating to producer organisations aid, Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors, and(c) so far as relating to producer organisations aid, Council Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors.(4) The legislation within this subsection is— (a) Articles 55 to 57 of the CMO Regulation (provision about aid for apiculture), and(b) any legislation made under that legislation.(5) The legislation within this subsection is the following, so far as it relates to producer organisations aid, apiculture or support for rural development—(a) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy,(b) any legislation made under that regulation, and(c) any EU regulation, EU decision or EU tertiary legislation relating to the financing, management and monitoring of the common agricultural policy that preceded Regulation (EU) No 1306/2013 (including—(i) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures,(ii) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, and(iii) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy).”Member’s explanatory statement
This amendment ensures that legislation relating to support for rural development, fruit and vegetable producer organisations and apiculture that has direct effect under the Withdrawal Agreement in relation to existing programmes will also be retained direct EU legislation.
Member’s explanatory statement
This amendment requires the first report under Clause 17 to be prepared on or before the relevant day. The definition of relevant day is inserted by a related Government amendment to mean the last day before 25 December 2021 which is a sitting day for both Houses of Parliament.
Lord Gardiner of Kimble (Con)
My Lords, I shall also speak to Amendments 51, 54 and 56 in my name.
I thank all noble Lords who contributed to the debate on this topic in Committee. I gave the matter considerable thought following your Lordships’ remarks then. The importance placed by noble Lords on the food security reports is shared by the Government. In Clause 17, the Government are making an important new commitment to analyse relevant statistical data by publishing a regular report on the crucial subject of food security. The food security report will be a significant body of work that will use a set of core measurements and indicators for each of the key topic areas. This will include a range of areas covering both global and domestic food security including, although not limited to, supply sources of feed, resilience in the supply chain and household food security.
As I set out in Committee, the Government have no intention of waiting until the end of that five-year period to publish the first report. I and other Ministers have listened closely to the points made by your Lordships and have been persuaded that there is merit in changing the frequency of reporting in the Bill to require reports to be published at least every three years. We have also been persuaded to include a duty in the Bill that the first report be published on or before the last sitting day before 25 December 2021 for both Houses of Parliament. This first report will include an analysis of statistical data relating to the effects of coronavirus on food security in the UK. The amendments that I have tabled reflect the importance of this new duty while maintaining the great benefit of allowing reports to cover long-term trends. I hope your Lordships will recognise that the Government have heard the feeling in this House on this issue and have acted. I beg to move.
Baroness Bakewell of Hardington Mandeville (LD) [V]
My Lords, it is a pleasure to follow the noble Earl, Lord Devon. This is a vital group of amendments covering food security, and I agree that the main purpose of our agriculture is to provide healthy, nutritious food. I welcome the Minister tabling amendments that require the first report on food security to be prepared before 25 December 2021, so long as it is a sitting day of both Houses. A further amendment requires reporting every three years. Others have tabled amendments pressing the case for more frequent food security reports.
I welcome the change in the Government’s position and thank the Minister for his introduction. I have added my name to Amendment 50 in the names of the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Judd, and the noble Baroness, Lady Bennett of Manor Castle. This is a similar amendment, which requires that the first food security report be laid within 12 months of the passing of this Bill. It is important that the first report on UK food security should be completed within 12 months of the implementation of the Act and every three years thereafter. The noble Baroness, Lady Bennett of Manor Castle, made a very powerful case for why it is important to get on with this matter. Food security is important to everybody in the country.
The noble Baronesses, Lady McIntosh of Pickering, Lady Ritchie of Downpatrick and Lady Boycott, and the right reverend Prelate the Bishop of St Albans would like this food security report to be produced annually. We are all concerned about the state of food security, as we should be. However, I appreciate that the production of this report will be bureaucratic and is likely to take a good deal of data collection. I wonder whether the production of a yearly report would create such an administrative burden that the information contained in it would be insufficiently detailed to be meaningful. I look forward to the Minister’s comments on this.
On Amendment 53 in the name of the noble Baroness, Lady Boycott, it is important that household food security is considered. At the start of the Covid-19 pandemic, we saw huge food shortages being experienced by households, including those of people working for the NHS who were unable to get to the supermarkets at a reasonable time. As we approach a second spike, food security will again come into focus.
I support the comments of the noble Earl, Lord Dundee, on the impact of importing animal feed specially grown in what were previously rainforests in Brazil.
It is a terrible thing to be hungry. We are one of the richest countries of the world, and we must have robust measures in place to ensure that we can feed our own residents. Food security targets are one way to monitor this, alongside an implementation plan to ensure that targets are met. I fully support the comments of the right reverend Prelate the Bishop of St Albans, and I support the Minister’s amendments and look forward to his winding-up comments.
Lord Gardiner of Kimble (Con)
My Lords, I should in the first instance have declared my farming interests, as in the register.
I am very grateful to all noble Lords for their contributions to this debate. I think there is a general feeling, even from those who would have preferred an annual report, that we have come to a good House of Lords consensus on this matter. I particularly want to acknowledge what the noble Baroness, Lady Jones of Whitchurch, said in speaking to Amendment 50, and all those who supported that amendment.
I turn particularly to what my noble friend Lady McIntosh and others said about Amendment 52. I understand the desire to publish yearly. We feel that it is very important to allow sufficient time to observe longer-term key trends from a variety of sources. We do not think that this would be as well met if it were necessary to publish reports each year. Producing reports at least every three years will allow proper consideration of trends from data. This is what we will put into statute, but if circumstances required earlier reports, of course we would produce them. That is why we very much feel that a report next year, given corona and, indeed, any other circumstances, will be very important.
Such trends may include, for example, the cost of food commodities; the sustainability of natural resources required for food production and supply; and the diversity of entry ports into the UK for food and drink imports. Some of these trends are slow-moving and do not change significantly year on year, but they may well do so over a longer period. That is where we must have that degree of analysis.
I say to all noble Lords, although I am particularly mindful of my noble friend Lord Marlesford, on the continuing work and vigilance, if there are issues of concern, I—and, I am sure, ministerial colleagues in the other place—would want to bring them before the House if there were certain crises. When there have been issues of concern, whether flooding or resilience because of Covid, we of course want to air them and bring them, in my case, before your Lordships. This is a particular point for the noble Baroness, Lady Ritchie: much data on food security will be available on an annual basis. Data that will be used in the food security report, such as the Government’s Agriculture in the United Kingdom, the Family Resources Survey and the Living Costs and Food Survey, are published and made publicly available annually. Of course, Defra officials routinely track to spot any unexpected or significant changes. That is all daily work. The reports required under Clause 17 will consider the data produced through these surveys, in addition to less frequently produced data, to provide deeper analysis to help us provide an accurate picture of the UK’s food security to support the development of policy for the future.
On the important matter of the topics to be covered by the food security reports, we shall draw on established statistics, such as those I have mentioned, but officials will also want to monitor new data sources and emerging issues.
On Amendment 55, I reassure my noble friend that the food security report will already cover—under Clause 17(2)(b), regarding UK availability and access—the capability of UK agricultural production of crops, livestock and fisheries produce. This will include the availability of inputs, such as animal feed products. I was very mindful of what my noble friend Lord Caithness said in embellishing on what we are seeing in certain parts of the world.
Member’s explanatory statement
This amendment requires reports under Clause 17 to be prepared at least once every three years (instead of at least once every five years).
Member’s explanatory statement
This amendment is consequential on the first Government amendment to Clause 17.
“(3) In this section “relevant day” means the last day before 25 December 2021 which is a sitting day for both Houses of Parliament.”Member’s explanatory statement
This amendment inserts a definition of “relevant day” into Clause 17.
Baroness Jones of Whitchurch (Lab)
My Lords, I am pleased to have added my name to this amendment, so ably introduced by the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, and I thank all noble Lords who have added their support in this debate.
In Committee we tabled an amendment calling for a national food plan to complement the previous clause on food security, and we had a very useful debate which highlighted the need to anchor a food strategy to the funding of farming for the future. Since then, considerably more thought has gone into what the shape of a national food strategy should be, and we believe that this amendment sets out a clear road map for the future. As the noble Lord, Lord Krebs, made clear, it was well informed by the excellent Lords report Hungry for Change: Fixing the Failures in Food, a substantial piece of work which highlights the need for action in many of the priorities set out in this amendment. It makes the link between the food we grow, the environmental impact and the public health consequences of a poor diet and emphasises the need for a standardised set of reporting metrics on health and sustainability as well as an adherence to procurement standards. It also calls for the establishment of a national food strategy, backed up by the establishment of an independent body, analogous to the Committee on Climate Change, with responsibility for strategic oversight of its implementation. That is what this amendment seeks to deliver.
I have to say that the noble Viscount, Lord Trenchard, seemed determined to ignore all the evidence, which shows that a lack of access to healthy food, along with poor diets and poverty are driving up levels of diet-related obesity and non-communicable disease. This adds something in the region of £6 billion a year to the NHS bill. There is a cost to this nation from inaction and a benefit to the agricultural sector if we can shift the solution to healthier food production and away from ultra-processed food. The Government need to address these issues.
In parallel with the work of the Lords committee, we know that Henry Dimbleby has also been working on a national food strategy. His interim report was published in July, and a more substantial final report covering many of these issues is due next year. We welcome that initiative. The Government have committed to publish a White Paper within six months of its publication and to follow up the recommendations, which is obviously a welcome step forward. However, there is no obligation on the Government to agree or to enact his proposals, or indeed to follow up the recommendations in our own Lords report. My noble friend Lord Rooker rightly reminded us that Governments have form on not following through on excellent reports of the past. Our amendment therefore seeks to provide legislative assurance that these proposals will be followed up with actions.
I say to the noble Baroness, Lady McIntosh, that we are not attempting to pre-empt or prejudge what the recommendations will be; we went to great lengths not to do that. We are asking only that the Government take them seriously and come up with their own food strategy within a set timeframe. Our amendment requires that the strategy be laid before Parliament within 12 months of the day that the Bill is passed, which we believe is reasonable and achievable. As the noble Lord, Lord Krebs, made clear, it is too urgent for any further delay.
For all the reasons articulated by noble Lords, a national food strategy, based on the issues set out in our amendment, is vital for improving the health of the nation. It is essential that our future agricultural policies are aligned with policies that deliver healthier food to feed the nation. It is a fundamental responsibility of government to act on this issue and to ensure that its agriculture, environment and public health strategies are all joined up on this issue.
I also thank the Minister for his helpful meeting yesterday. We had hoped to persuade him to make this a government amendment, and I still hope that we have persuaded him and he can make that commitment today. However, if that is not possible, I ask all noble Lords to support this amendment if it is put to a vote.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords. I am well aware of the mindset of many of your Lordships, having had discussions with the noble Lord, Lord Krebs, and other noble Lords yesterday, as well as from what has been said today.
However, I open by saying that the Government are committed to developing a food strategy. I thought that in some of the contributions it appeared as if this was not the case so I point out that commitment, which will support the development of a sustainable, resilient and affordable food system, support people to live healthy lives, and protect animal health and welfare. I say to my noble friend Lord Dundee—without any chiding—that that is why the Government have already commissioned an independent review into the whole of the food sector. The review was launched in June 2019, and in July this year the first report was released, dealing with some of the most urgent questions raised by Covid-19 and EU exit.
The final report from Henry Dimbleby’s review is expected to be published in 2021. It will provide an opportunity to analyse the food system in this country and put forward—yes—an ambitious and comprehensive plan for transforming it. Although it will be for the independent team to develop its final report, it will examine the food system from root to branch, analysing in detail the economics and power dynamics that shape it, the benefits it brings and the harm it does. In doing so, it will look across the interwoven issues of health, climate change—mentioned by my noble friend Lord Caithness—biodiversity, pollution, antimicrobial resistance, zoonotic diseases and the sustainable use of resources.
The Agriculture Bill is a framework Bill, and it is unusual to put detailed commitments into this enabling legislation. The Government have been very firm on their commitment to publish a food White Paper within six months of Henry Dimbleby’s final report—my noble friend Lady McIntosh of Pickering referred to that. It is only reasonable to say that we will need that time to reflect and secure agreement from all government departments ahead of Henry Dimbleby’s final recommendations.
We must also be careful not to pre-empt the contents of the final report, providing the independent team the opportunity to assess independently which measures would be most effective for our food system. Specifying what the White Paper must cover at this stage brings with it the risk that it directs thinking in a certain way, which could lead to new and innovative ideas being missed. It would therefore be premature to set out exactly what the Government’s food strategy must cover in the way that the amendment prescribes. The Government also have an issue with fixing a timetable without certainty on the publication date of the final report.
I also see this amendment in the context of the food security reports. Matters such as food supply and consumption, food safety, the resilience of the supply chain for food and household expenditure are already stated as being within the scope of these food security reports. The first report is be published on or before the last sitting day before Christmas for both Houses of Parliament. This report will also include an analysis of statistical data relating to the effects of coronavirus on food security in the United Kingdom, which was a key focus of the first report from the national food strategy. These reports will therefore certainly support the development and fulfilment of an ambitious food strategy.
I am also grateful for the Hungry for Change report, published this July by our Select Committee on Food, Poverty, Health and the Environment. We will of course be building on a wide range of work as we develop our food strategy, including that report and many others.
I will cut in here and say that the noble Baroness, Lady Bakewell of Hardington Mandeville, mentioned diet, but only one noble Lord referred candidly to exercise: the noble Lord, Lord Greaves, obviously has a lifetime’s commitment to access and walking. Again, this is not just one thing but a combination of many issues that we have to grapple with.
Tackling public health and food issues properly requires a joined-up and practical approach across government departments, which goes beyond this Bill alone. During the Covid crisis, collaboration between government departments has been vital to ensuring that the food system receives the required support. We set up a joint ministerial food and essential supplies to the vulnerable taskforce, and throughout the crisis this example of cross-government working ensured that vulnerable people had access to food.
We are committed to continuing this level of collaboration and engagement across government to develop and deliver a new food strategy, as will be set out in the White Paper. I say to my noble friend Lord Caithness, for example, that Defra is already working with the Department of Health and Social Care and others to ensure that improving public health is a core priority of government policy.
Covid-19 has brought the risks of obesity and other health issues into sharp focus. As we all identify, it is more important than ever that people achieve a healthier lifestyle. The Government launched their new obesity strategy on 27 July to set out practical measures to get the nation fit and healthier, protect people against Covid-19 and protect the NHS. A coalition of partners is supporting delivery of the strategy through the Better Health campaign, which is encouraging adults to introduce changes to help them work towards a healthier weight.
The noble Lord, Lord Krebs, referred to his concern about “sooner or later”. I understand that, of course. There is an imperative about the Government’s work in seeking out Henry Dimbleby to bring this forward, and our promise remains to bring forward a White Paper within six months of the final Dimbleby report. If we are on target, Royal Assent to this Bill is probably in October. Advancing this amendment, we are voting, if that is noble Lords’ wish, for something the Government will have to reject in the other place in the end—I must not conjecture on what the other place will do—because of the timing.
I say honestly, and can commit this across government, that I am fully confident that the plans already in place by the Government to develop a comprehensive food strategy will deliver the intent behind this very laudable amendment. There are issues, as in all these things. My noble friend Lord Caithness said he would have liked this or that. There are issues in putting something in the Bill now, but I think we are all united in wanting to ensure that our food system is fair, affordable, healthy and sustainable.
I understand the mood of the House. I think I assess the mood of the noble Lord, Lord Krebs, although I must not pre-empt him. I ask him to withdraw his amendment because of the points I have made genuinely. The Government are developing a food strategy; it is an issue of timing. The noble Baroness, Lady Boycott, has been engaged in the Dimbleby report. She, more than anyone else, can confirm that this is a report of the utmost depth and rigour. The Government will want to have at least six months—or within the six months, as I have said—to make sure we get cross-Whitehall collaboration to bring forward something of lasting value to every person in this country.
My reasoning for asking the noble Lord, Lord Krebs, to withdraw his amendment is not to reject his and other noble Lords’ very distinguished role in bringing this matter forward but to be honest in saying that I think there are difficulties because of the timing. I respect whatever the noble Lord does, but that is why I ask him to withdraw his amendment.
Lord Krebs (CB) [V]
I thank all noble Lords who have taken part in this debate and the Minister for his careful and considered response. Overall, there has been very strong support for the amendment, with some excellent speeches. I will mention just a few points; I cannot really do justice to them all.
My noble friend Lady Boycott made the important point that, in spite of all the efforts made in recent years, things are still heading in the wrong direction. The Food Foundation’s Broken Plate report highlights some stark statistics to support this. The noble Baroness, Lady Bennett of Manor Castle, also emphasised the urgency and pointed out that the current strategy is to let the industry rip. She also highlighted, as did the noble Baroness, Lady Jones of Whitchurch, the importance of metrics and measurements to ensure that we know whether we are moving in the right direction.
Baroness Wilcox of Newport (Lab) [V]
I am grateful to the noble Lords who tabled or supported the amendments in this group, which raise various issues relating to devolved competence. Amendment 60 makes what seems a very sensible suggestion of consulting the devolved Administrations before laying regulations under Clause 20. Given that certain modifications to retained EU legislation are likely to impact on the devolved nations, perhaps on some more than others, it seems perfectly right that there should be a formal consultation requirement. However, I note that even formal consultations on many important matters have not been taking place as regularly or as needed in other matters, and I urge the Government to work much more proactively in this manner.
For the past 20 years, we have had three other legislatures in the UK, and none of the new laws resulting from our withdrawal from Europe should be an opportunity for a power grab of devolved responsibilities back to Westminster. I am therefore glad to see that Amendment 92 proposes a requirement for the devolved Administrations to consent to any regulations being made under Clause 35 on standards relating to the marketing of agri-food products. While we would certainly welcome a mechanism for meaningful consultation, we recognise that a requirement for consent could, in certain cases, delay the implementation of important changes to marketing standards.
Amendment 109 in the name of the noble Baroness, Lady Ritchie of Downpatrick, my noble friend Lord Hain and others proposes a sunset on the Northern Ireland provisions contained in Clause 45 and Schedule 6. As the noble Baroness noted earlier, Northern Ireland has an economy based largely on agriculture and needs a long-term future policy framework without further delay. The case has been strongly made for that amendment and I look forward to the Minister’s response in relation to it.
Lord Gardiner of Kimble (Con)
My Lords, this has been a very interesting and thought-provoking debate. I would like to open by setting out a little background, because I think a lot of this would be helpful. The UK Government have been working closely with the Welsh Government, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland—DAERA—and the Scottish Government to develop a UK agricultural support framework. My noble friend Lady McIntosh made this point. We expect to be able to agree this soon.
Defra Ministers already meet our devolved Administration counterparts on an almost monthly basis as part of the inter-ministerial group IMG EFRA, where any modifying of legislation can be discussed. In addition, there are already good working relationships in place within the Defra situation—particularly, from my direct knowledge, between the devolved Administrations. If I am allowed to say so, I very much respect Lesley Griffiths, who is a Minister in Wales. For example, the IMG EFRA meeting, which takes place almost monthly, is used as a forum for discussion on policy changes. The Government intend to keep the devolved Administrations informed on any early thinking on possible policy changes to marketing standards in England.
I also agree with the tenor of this debate, and I want to raise what the noble Baroness, Lady Humphreys, said about collaboration and tone. That is absolutely key, particularly in Northern Ireland, Wales and Scotland, where agriculture is such a strong feature of national life. I would like to think of England as a rural country but, my goodness, in Northern Ireland, Scotland and Wales it is at the core of the national economy.
Thinking of Amendment 60, the UK agricultural support framework includes crisis measures, public intervention and private storage aid for collective discussion to ensure there is an opportunity for any concerns to be raised about the effect of changes in one part of the UK or another. The UK Government work collaboratively with devolved Administrations on this matter, and I will give a complete assurance that it is in everyone’s mutual interest that that continues and is successful.
Amendment 92 seeks to ensure the Secretary of State would need to secure consent from devolved Administrations before laying regulations under Clause 35(1). Clause 35 allows the Secretary of State to make regulations on marketing standards for products marketed in England only, so it would not be appropriate for devolved Administrations to be able to veto these England-only changes, which would be the effect of this amendment. In the same way, we have not taken provisions to require the UK Government to consent to change in devolved areas.
I say this because the UK agricultural support framework states that Administrations should refer all planned changes in marketing standards for collective discussion to ensure that there is an opportunity for any concerns to be raised about the effect of changes to standards in one part of the UK or another. The Government think that is the best way forward. It is a way we can collaboratively and collegiately work on such an important issue—the agricultural framework.
Everyone knows that agriculture is devolved, and the Welsh Ministers in DAERA under this Bill have taken powers themselves in Schedules 5 and 6 respectively. Wales can modify retained EU law itself under paragraph 8(2) of Schedule 5, and Northern Ireland under paragraph 2 of Schedule 6.
Turning to Amendment 109; I have thought about this a lot because perhaps there is some confusion at my end. I have heard words such as “parity” on this matter, and a number of noble Lords from Northern Ireland have spoken. My understanding is that the Northern Ireland Assembly has debated and agreed its legislative consent to the Bill. Therefore, we do not believe this Parliament should seek to override the constitutional view agreed by the Assembly.
Reference was made to the committee that recommended a sunset clause, but the Northern Ireland Assembly recommended the LCM without it. Our view, and I entrench this very strongly, is that it is for DAERA to decide and to liaise with the Assembly, not the UK Government. I am intrigued that we are seeking to impose a sunset clause when it has been made clear to me and Defra, as the honest brokers of this, that the Northern Ireland Assembly does not want to set an arbitrary date, and it will be for Northern Ireland to decide how and when it has a new agriculture Bill. We agree with that, and sometimes devolution means that we will have separate ways forward. That has been the LCM from the Assembly and DAERA, and we believe that the Agriculture Bill—of which, as I say, I have been the honest broker regarding the Northern Ireland schedule—gives Northern Ireland plenty of scope to involve its thinking on the delivery of agricultural support. I therefore tactfully suggest that, if we believe that this is a devolved matter, it is for the institutions of Northern Ireland to decide.
Baroness Jones of Moulsecoomb (GP)
Thank you very much. I would like to say that these amendments are so obviously a good idea for the regulation and adjudication of this part of the Bill. There is nothing else to be said; I hope the Minister accepts them.
Lord Gardiner of Kimble (Con)
My Lords, this has been an interesting debate, and I thank all noble Lords for contributing toward it. Of course, I regret that the noble Lord, Lord Curry of Kirkharle, is not with us. He sent me a note, and I will have further discussions and considerations with him, because I am very keen to hear what he would have said in this debate.
Turning to Amendments 63, 64 and 67, I would like to assure noble Lords that work is ongoing to determine the most appropriate mechanism of enforcement for the provisions under this part of the Bill. No decisions have been made about who will be appointed as the enforcement body for Part 3. It is important to note, with particular reference to Amendment 67, that while all the measures contained in this part of the Bill will collectively work to improve supply chain fairness, the Government believe enforcement will work best when each particular policy area in Part 3 can be addressed individually. I say that because it is very important that we get to grips with the issues in each sector, identifying those that are distinct as well as those that may be common. I think that would be a pragmatic consideration.
On the suggestion that the Groceries Code Adjudicator should be given enforcement responsibilities, it is important to note that one of the key factors in the adjudicator’s success is its targeted focus on the behaviours of the UK’s largest supermarkets with their direct suppliers. This has enabled the adjudicator to work closely with the industry in developing supply chain solutions. I join other noble Lords in acknowledging in the work of the Groceries Code Adjudicator. It has been a considerably successful tenure of office.
A government call for evidence in 2016 explored the possibility of extending the adjudicator’s remit beyond those directly supplying the largest retailers. The review found insufficient evidence of widespread problems further down the groceries supply chain and concluded that there was no justification to extend the remit. However, it did identify some remaining concerns. These were sector-specific and predominantly concerned with the first stage of the supply chain. Following on from this, we feel that such issues are best addressed with the appropriate and targeted interventions included in the Bill.
Preliminary analysis of the responses to the Government’s consultation on the dairy sector has shown that there are a range of views about appropriate enforcement. I emphasise that an adjudicator-style model is only one of many potential means to resolve contractual disputes and ensure compliance with any new regulations. Amending the Bill to appoint the Groceries Code Adjudicator as the enforcement body would serve potentially to tie the Government’s hands to only one of the many possibilities available. This would also preclude the ability to listen to the views of industry and respond accordingly, which is really important and, we think, critical in creating effective solutions.
The Government are, of course, aware of the issues that farmers face in the supply chain and that is not confined to the dairy sector. To answer one of the questions from the noble Lord, Lord Grantchester, the Government will carry out similar consultations to explore the issues facing other sectors in turn. Discussions with stakeholders have already begun, to look at the situation in the red meat sector and what sort of interventions could improve the position of producers in that supply chain.
On Amendments 65 and 66, I thank the noble Lord, Lord Grantchester, for highlighting the importance of a robust enforcement regime to ensure that the fair dealings obligations are effective and sustainable. It is important to state that no decisions have been made about the nature of enforcement, or the body responsible for enforcement. The reason is robust and strong: the Government want to work with industry and listen to its ideas and concerns before any final decision is made.
The noble Lord, Lord Grantchester, asked about the consultation on the dairy sector. To be precise, I can confirm that the consultation closed on Tuesday. The consultation included a specific question about dispute resolution and, while the detailed analysis is still being carried out, it is already clear—this is broad-brush, because I asked whether there are any indicators—that stakeholders have a broad range of views about the most appropriate form of enforcement and finding the best solution will obviously require some consideration. The Government aim to publish a summary of responses later this year, which will be very important and will provide greater detail about the views shared and the options available. I hope it will not be too long before there will be scope for that consideration. The Government will exercise due diligence in designing the enforcement regime and appointing a regulator.
I say to the noble Baroness, Lady Bakewell of Hardington Mandeville, that I do not recognise her description of the rigour with which I and other Ministers consider appointments to public bodies. It is a very serious matter; we recognise that it is a matter of people coming forward to help in the public service. I reassure her that it has no input other than that it must be done rigorously, and the right people need to be chosen.
The Government intend the fair dealing obligations to create positive change for the industry. That is why we are doing it and why this is such an important feature. I am very glad that the noble Lord and other noble Lords have raised this, because this is all part of the prism of this Bill. A lot of people are worried that we are talking too much about the environment, but a lot of the guts and detail of what will come out in the provisions of the Bill are designed to help the farmer in the great production of food, and so that we can help the farmer get fairer dealing.
I have a note relating to the remarks of my noble friend Lady McIntosh on the GCA launching its own investigations. The Groceries Code Adjudicator can launch its own investigations, if it has reasonable grounds to suspect that a large retailer has broken the code. Again, I think the adjudicator’s work has been essential. I think and hope that, in the spirit of this debate, the reason the Government would at this time resist putting forward a particular body, however successful the adjudicator has been in this area, is that the best way to deal with difficulties in certain sectors is to work with the sector to see what is the best mechanism for enforcement. Let your Lordships be in no doubt that these are provisions that we recognise must be attended to, and in short order, because they are the way that will help the farmer in this situation.
In that spirit, I very much hope that the noble Lord will feel able to withdraw his amendment.
Lord Grantchester (Lab)
My Lords, I thank all noble Lords who have come forward to speak tonight. I certainly appreciate the remarks of the noble Baroness, Lady McIntosh, in calling for the extension of the role of the adjudicator, and the various discussions with the Minister. I agree that the widespread experience of the Groceries Code Adjudicator should give rise to exploring how the role of that office may be extended.
I remind all noble Lords that agriculture can be characterised as unusual: it is almost unique in that producers invariably buy retail yet sell wholesale. I certainly appreciate the Minister’s comments and the gracious way in which he is going to include the noble Lord, Lord Curry, in further discussions. He has also come forward with a very helpful update on his department’s ongoing deliberations. I appreciate that the Government need flexibility to get the right solutions to each sector’s issues, and I look forward to clarity being provided in the publication of this consultation and to the debates we will have on that later. In the meantime, I beg leave to withdraw the amendment.
Lord Grantchester (Lab)
I thank the Tenant Farmers Association for its communications on these clauses. I also thank the noble Lords who have tabled these amendments for further consideration. They tackle many aspects of the two major Acts, the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, following the Government’s consultations on their workings, on which there has been so much debate. I recognise the passion with which many speakers have spoken tonight. These relationships can certainly become fraught and I appreciate the experiences that the noble Baroness, Lady Rock, shared with the House. It is a difficult and complicated subject that has been deliberated on by the Tenancy Reform Industry Group over many years. The Bill delivers on many of its recommendations, and the Minister will see that they are drafted to balance the interests of tenants and owners.
I understand that many of the amendments were consulted on last year but did not receive enough support and that therefore further, more detailed work may be required. I understand that there remains an appetite in England and Wales to consider the situation further before coming to a conclusion by the enactment of these amendments. The amendments are certainly important and have our broad support, including Amendment 88 in the names of the noble Baroness, Lady McIntosh, and the right reverend Prelate the Bishop of St Albans. We agree that there should be parity between tenants under the 1995 Act and those under the 1986 legislation in objecting to a landlord’s refusal to enter into a specific financial assistance scheme. We wish generally that all farming operations, whatever the terms of their occupancy, should be encouraged to take up the various ELM schemes and make their contributions towards an environmentally sustainable agriculture.
We would also be receptive to the modern interpretation of relationships that could lead to wider inclusion in tenancies, in line with our general encouragement for new entrants to come into the industry, provided they can meet the various eligibility provisions. The noble Earl, Lord Devon, argues that these clauses should be excluded from the Bill, but we would not go along with such an approach. If improvements to the legislation have been agreed as part of the TRIG process, we would not wish to hold them up. However, regarding further amendments, we can see that these may not have received the more considered support as widely as may be necessary for enactment in the Bill. We await the outcome of a more comprehensive assessment throughout the industry.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords. The noble Lord, Lord Grantchester, used the word “passionate”. It has been a passionate debate and I think that, whatever the tenure of ownership, tenancy or commonhold, the challenges of farming are very profound. Obviously, the Government need to work towards creating an environment in which all types of tenure are able to run a strong business.
Turning to Amendments 69 and 89, the noble Earl, Lord Devon, proposed that we should in effect decide not to take forward what we have banked in our work. The package of tenancy reforms included in Clause 34 and Schedule 3 were shown by public consultations in England and Wales to have broad support. They deliver on many of the recommendations from the Tenancy Reform Industry Group—TRIG. The noble Lord, Lord Grantchester, made that point rightly, because the Government have brought forward those recommendations which commanded broad support. These provisions will help to modernise agricultural tenancy legislation, providing tenants with more flexibility to adapt to change. That is why it is very important that they remain in the Bill, so that they can be delivered now.
I understand that the noble Earl, Lord Devon, would like to see tenancy reform delivered through a separate dedicated Bill, and I can assure him and noble Lords that both the UK and Welsh Governments are keen to engage in further discussions with members of TRIG to explore whether any further actions may be needed to ensure what we all want, which is a thriving tenanted sector.
On Amendment 84, the tenant farming sector remains, as the noble Lord, Lord Wigley, said, and as we all know, a crucial element of agriculture in Wales. Within last year’s consultation, the Welsh Government outlined their proposals for a new sustainable land management scheme in Sustainable Farming and Our Land. It also consulted on a series of measures to modernise the tenant farming sector in the agricultural tenancy reform consultation. Policy development on tenancy reform remains ongoing in light of the consultation responses received and is being carried out in conjunction with development of sector-wide proposals for future agricultural support.
The Welsh Government acknowledge the importance of ensuring that tenant farmers are able to access any new scheme, and their view is that a Senedd Bill would provide a more appropriate legislative vehicle for that purpose. Further consideration will be given to what provision is needed in due course. The Welsh Government intend to publish a White Paper later this year to pave the way for an agriculture (Wales) Bill to be introduced in the next Senedd term.
On Amendment 87, there can of course be benefits from tenants and landlords entering into a longer-term tenancy agreement. There has been a lot of talk of three years. As far as I am aware, the parties can, if they so choose, have any length of term they desire; in the same way as with arrangements with any other property, that is a matter for the parties. I was therefore a little concerned that there appeared to be among certain of your Lordships this idea that everything was for three years and there was no leeway. As far as I know, and from my experience, that is not the case.
However, when the Government consulted on this matter of longer-term tenancy agreements, the feedback gathered indicated that introducing shorter notices to quit would be unlikely to affect significantly landowners’ decisions about the length of tenancy to offer. Other factors such as the size, quality and location of the land, and personal motivations for owning land have a much greater influence on decisions about the length of the tenancy term offered.
It is also important to recognise that, while there are benefits to longer-term tenancy agreements, shorter-term tenancies can be more suitable for different business models. For example, short-term lets have been shown to be very often more appropriate for new entrants looking to rent land on a flexible basis to gain experience. They can also be more suitable for some seasonal horticultural businesses. However, I can assure your Lordships that the Government will continue to work with TRIG on this important issue. That includes exploring how the sector can encourage more landowners to offer innovative long-term agreements to tenants who would welcome them rather than defaulting to standard short-term agreements.
Lord Gardiner of Kimble (Con)
My Lords, again, all the topics raised in the amendment of the noble Baroness, Lady Jones of Whitchurch, are worthy of a much longer debate—no doubt at another time. The amendment highlights the absolute importance of our agricultural workforce. It is important to recall that, with the changes that have occurred and the way that farming is currently done, very often the farmer and his family constitute the entirety of the workforce, compared with the time when, even on smaller farms, many more people would have been employed.
This Government wish to see a strong and resilient workforce across both permanent and seasonal roles. This year has seen initiatives such as the successful Pick For Britain campaign, and Defra will ensure that we continue to recruit British workers into the agricultural sector.
I say to the noble Lord, Lord Rooker, and the noble Baroness, Lady Jones of Moulsecoomb, that we have held discussions with the Home Office. The seasonal workers pilot, held this year, has engaged thousands of workers to travel to work on UK farms, with 6,161 visas issued so far this year—that is the figure that I have with me tonight. The results of the pilot will be very important in enabling the Government to shape and inform future policy on the seasonal workforce.
It is a priority of the Government to ensure an agricultural sector that is not only successful and effective but one in which workers are treated fairly. Skills and training in agriculture will be of increasing importance to enable an innovative, productive and competitive agricultural sector which invests in people and their skills. The needs of agricultural businesses are always changing, and it is critical that skills providers can keep pace. This is particularly important as elements of horticulture and agriculture become increasingly technical and specialised, with advances in technology and automation.
In reference to a question my noble friend Lady McIntosh asked me, agriculture now employs 1.2% of the workforce. That is 476,000 people, 300,000 of whom are permanent agricultural workers—think what that was before mechanisation, when there were probably millions of people working on the land.
Training must recognise the role that advanced land management skills will play in this sector in future and further respond to any changes to requirements caused more immediately, for instance, by the impact of coronavirus. Work is currently ongoing to support this through the agricultural productivity task force of the Food and Drink Sector Council and the skills leadership group. I will send the noble Lord, Lord Curry, a copy of my remarks tonight; I much regret that he is not with us. This was an important point raised. This work aims to remove the fragmentation in the current farming training landscape. It will enable the industry to drive forward a greater uptake of skills, creating clear career-development pathways and promoting the sector as a progressive, professional and attractive career choice. Additionally, we continue to support the work of the Agriculture and Horticulture Development Board, AHDB, which is creating new methods of training to assist in the recruitment and training of seasonal workers.
The Government also fund apprenticeships for training in agricultural occupations. There are currently 32 high- grade apprenticeship standards available in the agriculture, environmental and animal care sector, ranging from level 2 general farm worker to level 6 agricultural/horticultural professional adviser. Employer groups are working with the Institute for Apprenticeships and Technical Education to develop a further seven standards. In 2018-19, there were 7,000 enrolments for apprenticeships in the agriculture, horticulture and animal care sectors.
In higher education, the UK is home to many internationally renowned specialist universities that offer highly technical courses covering food production, animal sciences, engineering and sustainable business, among many others. The UK boasts research institutions that are leading the world in understanding crops and livestock. I think particularly of the association of the noble Baroness, Lady Jones of Whitchurch, with Rothamsted as an example of the really outstanding research institutions on which we and the world will rely.
The amendment also raises the important issue of mental health. The mental health of all sections of the population, including farm workers and those living in rural areas, must surely be a top-order priority. I think we in our generation are all very much more aware of the imperative of addressing this than previous generations, which went through many travails. We are at last recognising and tackling this much better, but there is undoubtedly much more to do.
Defra has for many years provided annual funding to the Farming Community Network, FCN, for pastoral and practical support. The FCN has approximately 400 volunteers located throughout England and Wales who provide free, confidential pastoral and practical support to anyone who seeks help. The Rural Payments Agency works closely with Farming Help organisations to support the farming community in England. That includes having hardship arrangements in place for farmers facing financial difficulties.
Defra also supports the well-being of farmers through a programme of research and is carrying out an initial phase of resilience support through the future farming resilience fund, which this year is providing a £1 million project to provide support to farmers and land managers in England to help them prepare for the agricultural transition. I say to my noble friend Lady McIntosh that, yes, the financial support includes business support and advice. The project covers a range of business and well-being support approaches and measures across different sectors and regions to improve resilience and mental health. Evidence coming from this project will help inform the design of a national scheme, which is currently in development for a launch in early 2022.
On rural housing, I think your Lordships know that I facilitated a rural housing scheme at Kimble many years ago, and it is an issue on which I place great personal importance. The Government recognise that improving the availability of affordable housing in rural areas is essential to sustain thriving rural communities and to support the rural economy. My aspiration of multigenerational villages is very strong. Between April 2010 and March 2019, over 165,000 affordable homes were provided in rural local authority areas in England. Additionally, local authorities can already take advantage of rural exception sites to ensure that affordable housing can be provided to meet local needs, including for agricultural workers. The revised National Planning Policy Framework also supports farmers, with new policies to support the building of homes in isolated locations where this supports farm succession. Permitted development rights allow for the change of use of an agricultural building to a house. In 2018, the regulations were amended to allow up to 865 square metres of floor space to be converted, and up to five dwellings, an increase from the previous three.
I am very concerned for farmers’ and farm workers’ health and safety. The Health and Safety Executive is working closely with a wide range of stakeholders, including the NFU, to promote key messages that will prevent death, injury and ill health. This is an issue that the deputy president of the NFU, Stuart Roberts, and I, have spoken about at almost every meeting we have had. The HSE is working with farm safety partnerships of England, Wales and Scotland to help them drive forward the improvements needed in the farming industry.
I have tried to pick up the points that the noble Baroness, Lady Whitchurch, put into her amendment. If there are any areas that she would like to discuss further in terms of what we are doing and the importance of this work, I will be available to her whenever she wishes. I hope that I have demonstrated that in every sphere important work is already in hand. We need the skilled workforce and the right conditions for people to come and work in the countryside, now and in the future. On that basis, I hope that the noble Baroness feels able to withdraw her amendment.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank all noble Lords who have contributed to this short but very interesting debate. I agree with my noble friend Lord Rooker that we have got a long way to go in getting the policy on seasonal workers right, despite what the Minister has said. We need a huge extension of SAWS. Every time I have talked to the Minister, he has said things along the lines of the Pick For Britain scheme being a success. There are very mixed stories coming out about that scheme, which was slightly predicated on using furloughed British staff to carry out that work in the fields, and that is obviously not a long-term solution. I hope that before we get too complacent about that, the Government have a proper review of the Pick For Britain scheme. To my mind, it was meant to be a short-term initiative. If it is to be a longer-term scheme, we need to look at how successful it has really been.
I thank the noble Baroness, Lady Jones of Moulsecoomb. She is right, and although I do not know if “land armies” is quite the right phrase, I know exactly what she means. We need to bring it all together into some sort of workforce plan with a holistic approach to delivering on all of this.
The noble Baroness, Lady Bakewell, and other noble Lords, raised the issue of training; she is quite right to say that this is not just about the rather old-fashioned courses that we used to have at FE colleges and so on. We can do far more now in terms of online training, flexible training and training for life, because it is not just about going on a course for a year. It is something that should become absolutely integrated into our workforce activities.
Lord Gardiner of Kimble (Con)
I thank all noble Lords for this serious debate. I understand the sentiments behind these amendments. The UK already has world-class animal welfare standards that this Government are committed to strengthening. The Government have been clear that, as part of our animal welfare reform programme, we want to tackle the issue of farmed animals exported for slaughter and fattening. We are carefully considering how best to implement our manifesto commitment to end excessively long journeys for animals going for slaughter or fattening. I want to say to the noble Baroness, Lady Jones of Moulsecoomb, in particular, given her commentary, that of course we are still in the transition period. This is not possible for us to do; we cannot do it at the moment—we need to get beyond before we do these things. But I shall say more on that in a moment.
First, on the amendment on a ban on exports of live animals for religious slaughter, it is a long-standing government commitment to respect religious freedoms and, although our policy is to prefer that animals are stunned prior to slaughter, we accept the rights of Jewish and Muslim communities to eat meat in accordance with their religious beliefs. The advice that I have received, as we allow religious slaughter in the UK, is that any justification for this export ban would be difficult to reconcile with our obligations under the WTO rules.
The Government are clear that we would prefer animals to be slaughtered as close as practicable to their point of production. I would say to the noble Baroness, Lady Parminter, that our view is that conducting trade in meat and meat products is preferable to transporting animals long distances to slaughter.
My noble friends Lady Fookes and Lady Hodgson raised the issue of long journeys. The Government have a commitment in their manifesto to end excessively long journeys of animals going for slaughter or fattening. Two years ago, we tasked the independent Farm Animal Welfare Committee, now AWC, not only to look into controlling live exports but to consider more generally what improvements should be made to animal welfare in transport at the end of the transition period. We are considering carefully its report and detailed recommendations.
For example, Amendment 73 would make it an offence to transport farm animals for slaughter or fattening on journeys which are over 10 hours in duration. This 10-hour journey time limit would apply to all species. The AWC report, however, recommends species-specific maximum journey times. The 10-hour limit would be greater than the maximum journey time suggested for some animals in the AWC report—for instance, meat chickens and calves—but would be much stricter than for other species, such as sheep. The evidence suggests that sheep can travel for longer without an adverse impact on their welfare.
AWC’s recommendations also address a number of other important elements of animal welfare in transport, including the temperature and ventilation within the transporting vehicle, space and headroom allowances, and the specific issues concerned with transporting at sea. All these are important issues in determining the overall level of protection of animal welfare during transport. We are carefully considering AWC’s advice and recommendations, and I say to the noble Baroness, Lady Parminter, that we are launching a public consultation before the end of the year on how—and I underline “how”—best to implement our commitment to end excessively long journeys for slaughter and fattening and on measures for improving animal welfare in transport more generally.
I say particularly to my noble friend the Duke of Montrose that animal welfare policy is devolved, and we are working on an animal health and welfare common framework with the devolved Administrations to achieve consistency across the UK.
I am grateful to my noble friends for their formidable advocacy and their care for animals. I assure all noble Lords that the Government will advance the issues and fulfil their pledges. I do not wish to be part of the widow and judge scenario. I assure noble Lords that we are moving to fulfil our pledge. I hope that, with those words, my noble friend Lady Hodgson will feel able to withdraw her amendment.
Agriculture Bill
Lord Gardiner of Kimble ExcerptsTuesday 15th September 2020
(5 years, 10 months ago)
Lords ChamberRead Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 130-II(Rev) Revised second marshalled list for Report - (15 Sep 2020)
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I thank noble Lords for contributing to what has been a thoughtful debate. I declare my farming interests as set out in the register. I very much look forward to these days spent on Report, building on our consideration in Committee.
In addressing Amendment 1, I will also address Amendments 25, 3, 4 and 24. I am a great advocate of the benefits that access to the countryside and the natural world can bring. Clause 1(1)(b) will allow financial assistance to be given to support public access to and enjoyment of the countryside, farmland and woodland.
The Government are supporting and enhancing access to the countryside in a number of different ways. We are working to complete the England Coast Path and to support our network of national trails, and we intend to create a new national trail across the north of England. We are ensuring that rights of way are recorded and protected, as well as developing ways to support access through the ELM scheme. I say to my noble friend Lady McIntosh that it is estimated that there is around 140,000 miles of rights of way in England and Wales. The ELM scheme will reward land managers for the public goods that they deliver, including beauty, heritage and engagement with the environment. Public access is a key way that people can engage with the environment. Supporting access is therefore an important aspect of achieving this goal.
In her point about balance, the noble Baroness, Lady Jones of Whitchurch, reminded us of the clear essence of this—in fact, it is the way in which the countryside is generally successful. How do we balance the many demands on the countryside? Her point was made well and succinctly.
We are looking at how the ELM scheme could fund the creation of new paths, such as footpaths and bridleways, which provide access for cyclists, riders and pedestrians where appropriate. This will be in addition to current local authorities’ rights of way arrangements. The scheme could also support wider access opportunities to, and on, water and waterways, such as lakes and rivers, for canoeists, anglers and swimmers where appropriate. Again, this is about balance. We all know—this is so often the case, in my view—that when this is done through interested parties meeting together, some of the hostility evaporates: they all get round what is perhaps in these times the proverbial table and work through the issues to everyone’s mutual interest.
We will determine in more detail what ELM will pay for as we develop further the scheme; importantly, we are engaging with stakeholders to inform this. The current wording of the Bill allows us to develop, in close collaboration with stakeholders, the best ways of making further enhancements to our exceptional access network, including waterways.
Turning to Amendment 2, I am absolutely seized of the health and well-being benefits that access can bring. All of us have experienced them—many of us throughout our lives—but I think that the nation has particularly found this during the current circumstances. I assure the noble Earl that these benefits can be supported by public access to the countryside. Access provides a huge range of benefits, including improving physical and mental health, but also supports local communities and economies.
I thank the noble Earl for highlighting the importance of access as a public good, which this scheme can support. As drafted, Clause 1(1)(b) will allow for a more permissive approach to meeting the aims of providing greater and more varied access. A broad range of access improvements will be aimed at promoting the benefits of enhancing health and well-being through enjoyment—in the fullest sense of the word, rather than that pertaining to property rights—and understanding of the countryside. I should say that the noble Earl and I discussed this issue with lawyers. The current scope of Clause 1(1)(b) is broader than that proposed by the noble Earl and provides options to develop the best ways of making further enhancements to our impressive access network, including waterways.
Turning to Amendments 19 and 27, rights of way are managed by local authorities and the rights of way improvement plans set out the needs at local levels. When developing schemes such as the ELM scheme, understanding and addressing local needs will be of paramount importance. This is why the Government have proposed that the design of tiers 2 and 3 of the ELM scheme may require spatial prioritisation; in other words, a targeting process to ensure that priority environmental outcomes are delivered in the right places. The Government are exploring the best approach to spatial prioritisation for ELM, including how to ensure that local stakeholders can be involved in determining local priorities. Rights of way improvement plans will already be considered as part of this process.
Clear arrangements are already in place through the Countryside and Rights of Way Act 2000 to allow for the establishment, recording and appeal of rights of way to agreed standards, and local authorities hold responsibility for their maintenance. Indeed, a national stakeholder group is being reconvened, enabling historic claims to be negotiated and resolved while the consideration of other initiatives, such as a coast-to-coast national trail, is also progressing. The ELM scheme is separate from these aspects of rights of way and thus may offer new and different opportunities, such as the creation of new access, easier physical access and clearer information to enable greater public access.
A number of noble Lords mentioned access. Having have had the privilege of seeing some of the new coastal paths and the opportunities for those of varying abilities and disabilities, I am absolutely seized of the importance of access. As we seek to enhance greater opportunities, wherever possible we should be in a position to help those who do not have the ability that noble Lords here have to enjoy access to the countryside.
Turning to Amendment 5, I again stress to all noble Lords that ELM is a voluntary scheme; I put that on record. Therefore, no farmer will be forced to sign up to the scheme, although they will of course be required to meet their obligations under the law. Ultimately, ELM is a policy delivered by land managers on the ground who know best what their land is capable of delivering. I agree with my noble friend Lord Caithness and the many noble Lords who raised this issue, but again, balance comes into it. There must be balance between food production, the environment, conservation, and the well-being and health of people who want access to the countryside; all these things are the essence of balance.
I understand that, at times, providing such public access can bring about some extra costs or risks for land managers. We will therefore work closely with stakeholders on the full costs of providing access, to make sure that the system works for and is attractive to land managers. My noble friend Lord Randall of Uxbridge and the noble Lord, Lord Carrington, made that point. We want this scheme to work because it is a positive for those who are custodians of the land. It will not work if it is an imposition. Permissive routes—that is, routes agreed for a certain period of time—cannot be claimed as permanent rights of way. Again, this is important in the climate in which we are seeking to do something of strong public benefit by seeking this element of financial assistance for land managers.
I will look at Hansard to see whether there are any further issues. The noble Baroness, Lady Scott of Needham Market, referred to tests and trials. All this—whether it is access or the range of financial assistance—is going to work only if we have the tests and trials with interested parties, so that there is confidence that when all of these financial assistance schemes are applied for, they will be attractive.
I hope I have answered noble Lords’ questions and concerns with the references I have made, through consideration of these matters between Committee and Report and by taking the advice of lawyers as to the drafting. I hope that this will sufficiently reassure the noble Lord, Lord Greaves, in particular, and I ask him whether he would feel able to withdraw his amendment.
The Earl of Caithness (Con)
My Lords, I thank my noble friend for what he said. He elucidated the point on which I wanted to question him but, by that stage, I had already sent in my request to speak. He also mentioned consultation on the ELMS. How many farmers are involved in this? Is he convinced that it covers enough respondents to give an overall picture for the country? It is crucial that we get this right.
Lord Gardiner of Kimble (Con)
I am grateful to my noble friend. I can confirm that the tests and trials will be across all sorts of land tenure in all parts of the country. This is a venture between Government with responsibility to the taxpayer and land managers who are doing—and will continue to do—a considerable amount of work for which, currently, they are not rewarded. I can confirm to my noble friend that we will be working very strongly across the country on access and other matters, so that when the design of the scheme is rolled out, we know that it will be attractive to land managers.
Lord Grantchester (Lab)
My Lords, at the start of my remarks on Report on amendments to the Agriculture Bill, I declare my interests as recorded on the register, including as being in receipt of funds from the CAP under the present system. As with the first group of amendments, I thank noble Lords for tabling their further thoughts after Committee with these amendments today. Once again, they highlight the very broad nature of agriculture, which, in many ways, interacts with economic activity from many sectors and interests in the rural economy. This in turn has a bearing on many government departments.
Several of the amendments focus on matters related to food security and, indeed, insecurity. We agree that these are important matters that we will come to later in the Bill. In relation to the Minister’s concessions—which are very much welcomed—and to Amendment 58 on the national food strategy commissioned by the Government, I can add that I too was very impressed with the initial report recently published by Henry Dimbleby.
We consider that the Government have a very clear focus on the issue without requiring the specific Amendment 12 so eloquently spoken to by the noble Lord, Lord Northbrook, which we are unable to support from the Labour Benches. However, we have regard to Amendment 11 in the name of the noble Earl, Lord Dundee, and others, which overlaps with Amendment 70 in the name of my colleague and noble friend Lady Jones of Whitchurch on the Front Bench. Ensuring opportunities for young farmers and new entrants is incredibly important and underlines the future prosperity of the sector.
In outlining the purposes for which financial assistance can be given, we consider that Clause 1 gives a fair balance and appreciation of the many options that may be developed over time. It provides a good way forward, rewarding the production of food while protecting the environment. I am sure that the Minister will be able to provide the extra information and assurances that we are all looking for, and that he has taken due note of all the important points raised for sustainable agriculture into the future.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords for contributing to what I think has been an extensive and very interesting debate. I turn to Amendment 6, which I shall address along with Amendments 9, 10, 12, 17,13 and 20. I will say—particularly to my noble friend Lord Northbrook and as a fellow member of the NFU, but to all noble Lords—that the Government agree absolutely that the production of food is of critical importance and that this will not be overlooked in the designing of our future schemes. Indeed, this is precisely why the Bill includes a duty for the Secretary of State to have regard to the need to encourage food production and for food to be produced in an environmentally sustainable way. So I say, in particular to my noble friends Lady McIntosh of Pickering and Lord Northbrook, that Clause 1(4) as drafted recognises the strong interdependence of farming and the environment.
Baroness Wilcox of Newport (Lab) [V]
My Lords, we welcome the tabling of these amendments, which will allow Ministers to go into more detail on the balance between direct support for agriculture, and other related purposes, and the emphasis that the noble Earl, Lord Devon, puts on the word “agriculture”. We understand that the National Farmers’ Union supports this amendment as a means of ensuring that the Agriculture Bill is truly agricultural in nature.
Following the first two groups, where there were amendments focusing on areas such as countryside access and public health, we understand the concerns of some that, with a limited pot available to Defra, it is important to ensure that the lion’s share delivers for farmers. We certainly want farmers to get the support they need, and to ensure the Government follow through with the many promises they have made to rural communities in recent years. However, as my noble friend Lady Young of Old Scone so clearly noted, there will have to be a wider purpose for land, as it will have to work several times over to deliver its multiple objectives.
However, as we have all said during the Bill’s progress, our departure from the CAP is an opportunity to do things differently. Two of the biggest criticisms of the CAP are about its rigidity and the fact that it has not kept pace with real-world developments. Many concerns stem from the lack of detail and certainty regarding the new schemes that are due to come on stream in 2021. In this respect, my noble friend Lord Grantchester’s Amendment 41, which would require the Government to demonstrate the readiness of year 1 schemes before commencing the seven-year transition, may be of interest.
Lord Gardiner of Kimble (Con)
My Lords, I thank noble Lords who have contributed to this debate. Wearing my farming hat, as I have declared my interests, I very much hope in promoting this Agriculture Bill that its essence is how we work with farmers and land managers on the quests that we have for food production and enhancing the environment. I repeat that it is about enhancing the environment and providing the ingredients for future agricultural production.
I take this opportunity to reiterate that this Government are committed to supporting the agricultural sector, not only with the promise that the budget for agriculture will remain the same during this Parliament but in supporting that sector through Clause 1 and many other elements of the Bill, which I started to outline in earlier debates today. Interestingly, my figures are that 69% of land in the United Kingdom is farmed and 10% of land is in woodland. As such, we will be relying on our farmers and land managers for the public goods which, in our view, they are so well placed to deliver.
As currently drafted, Clause 1 enables the Government to provide financial assistance to land managers—and I encourage noble Lords to look at the way it is crafted—in return for their delivery of public goods. Indeed, the new ELM scheme is a vehicle to provide such funding to those who manage land and water to deliver these environmental goods. I have no doubt that the overwhelming majority of participants in ELM will be farmers. It is proposed that tier 1 of the scheme will be aimed specifically at farmers and will pay for actions that the majority of farmers can take across their land, such as nutrient, pest and soil management.
However, the Government recognise that environmental benefits can be provided across a large variety of land or water types, including farms, rural properties and estates, woodland and other open or green spaces. Many landholdings and farms will embrace not only land that is farmed but wetlands and woodlands—all of which the farmer will, in the contribution of their own ELM scheme, bring forward in terms of land, woodland and water.
For the ELM scheme to be successful, it needs to work for a wide range of farmers, foresters and other land managers, as it will help us to maximise the environmental benefits that can be delivered. This will ensure that the ELM scheme acts as a powerful vehicle for the delivery of the 25-year environment plan goals and the Government’s commitment to net zero. The noble Baroness, Lady Young of Old Scone, mentioned that specific point.
It is also the case that the challenges we face will require landscape-scale change. That is why we have proposed that tier 3 of the ELM scheme could fund projects such as woodland creation, peatland restoration and flood mitigation. My view is that it will be overwhelmingly on land which is farmed by owners or tenants, and be a vital part of that landscape change that we all very much need. These are all examples of large collaborative projects which would allow us to improve the health of our environment, as set out in the 25-year environment plan, while helping us to deliver our commitment to achieve net-zero emissions by 2050.
I say to my noble friend Lord Caithness that existing agri-environment schemes—such as special areas of conservation, sites of special scientific interest and land that supports priority species—are open to those not involved in agricultural production. We feel that accepting this amendment would significantly narrow the scope of future schemes and the benefits they deliver. I emphasise that I have no doubt that the catchment areas and landscape ranges in tier 3 will embrace many farmers. It may be that, as part of that, there is a woodland owner or land managers other than farmers. It is important that we look particularly at those in tier 3, which is why I emphasise it. I raised this specific point in discussion with the noble Earl, again emphasising my farming interests and understanding of the concerns that farmers have about change. In my view, we should not narrowly restrict the ability for financial assistance to go to those other than farmers, although obviously the overwhelming majority of the funding from the Bill will go to farmers and land managers.
On Amendment 26, in the name of my noble friend Lady McIntosh, it is intended that the ELM scheme will provide funding to those who carry out the management of the land or water to deliver environmental public goods being funded. This might be the tenant or landowner, depending on the specific activity carried out and the arrangements in place. I emphasise this important point to my noble friend: engagement is ongoing with a wide range of farmers and land managers, including landowners and tenants, to ensure that ELM is designed in a way that works for all to maximise the delivery of environmental outcomes, while ensuring effective use of public money.
Representatives of landowners and tenants sit on our core stakeholder group on ELM design. We recently ran a number of sessions looking at ELM for different sectors, including those with tenancy arrangements, common land and uplands. We have six tests and trials that are working with farmers to assess how ELM can work best on tenanted land. In the national pilot, we also plan to have participants from a range of tenancies to ensure that we test the scheme from different land tenure perspectives.
We will discuss this on other amendments, but we clearly see a very strong future for the tenancy sector of agriculture. We think it is often a way in which land can be successfully farmed, sometimes by new entrants. I emphasise the importance that the Government place, through the tests and trials, on finding the right way to have an ELM which is successful for tenants and landowners. That is how we will have more and more land coming forward for contemporary and modern tenancy arrangements.
The Government would find it very difficult to restrict the eligibility for financial assistance in the way that the noble Earl has outlined. This is specifically not because I am suggesting that the funding is going to move from farmers to many other resources but because, by tier 3, we are going to need to work with people beyond farmers: for instance, woodland owners. There needs to be that ability to work with those beyond what I would call “the farming community”, who are four-square at the core of this.
The construction of the Bill, in Clause 1(2), is also designed absolutely to ensure that those starting and improving agricultural, forestry and horticultural activity are supported. I have looked through the Bill, and at every turn its clauses are about how we best look after and improve the situation for farmers. Yes, it is in a period of change, and that is why there is a seven-year transition.
But with those points in mind—I am mindful that I have to work quite hard, as there is a suggestion that this may be a matter for consideration by the House—I hope that the noble Earl and my noble friend will understand why the Government wish to have that flexibility, being mindful of the importance of the farmers of this country. I hope that the noble Earl will feel able to withdraw his amendment.
Lord Gardiner of Kimble (Con)
I shall, of course. I shall start with Amendment 28, as it was moved by the noble Baroness, Lady Jones of Moulsecoomb. I will then discuss much about the amendment tabled by my noble friend Lady Neville-Rolfe.
The Earl of Caithness (Con)
What a wonderful thing flexibility is. I am grateful to the Minister for replying this way. That gets us out of the hole.
I support the amendment tabled by my noble friend Lady Neville-Rolfe. There should be an impact assessment. I look forward to hearing what the Minister has to say.
I thank the Minister for his Amendment 35. As said by my noble friend Lord Taylor of Holbeach, it is a sensible compromise. The Minister has moved some way. I congratulate the Government on having moved on at least one amendment. They refused to move on anything in the Fisheries Bill, but on the Agriculture Bill, we have a slight shift. I hope the noble Lord, Lord Teverson, is as pleased as I am that we are making a little progress.
I must pick up on the little discussion between the noble Lords, Lord Teverson and Lord Carrington, about biodiversity. The noble Lord, Lord Carrington, is right: the species that have thrived over the last 10 years have been the grey squirrel and the muntjac, as a result of which we are hardly able to grow any decent commercial deciduous woodland in this country. Until that problem is solved, we will be able to plant a lot of trees and take away a lot of empty tubes in 20 years’ time when the trees have all failed because they have been attacked by deer or grey squirrels.
I cannot support the noble Lord, Lord Teverson, on reducing the period from seven years to five in his Amendment 32. It will be difficult enough for farmers in the timescale they already have. That is for lots of reasons—we have talked about the age profile. Agriculture is a long-term business that needs a lot of careful planning. We need to know what ELMS will be. There will be such a learning curve for farmers, who will need a great deal of help—we will come to that when discussing the amendment in the name of the noble Lord, Lord Grantchester. By the time ELMS comes in, there will be little time for farmers to get acquainted with the system, particularly those of the older generation and those still suffering from lack of broadband connection. Without social media and broadband, they will not be able to operate the latest modern machinery, which is all digital and high-tech. This will cause them a lot of problems.
Baroness Jones of Whitchurch (Lab)
My Lords, I am grateful to the noble Baroness, Lady Neville-Rolfe, and all noble Lords who have raised important issues about the application and accountability of multiannual assistance plans. All noble Lords, quite rightly, are seeking to provide some rigour in the allocation of £3 billion a year or more which is being set aside by the Government to fund the farming sector for the future. We all have an interest in ensuring that the money is allocated fairly, in line with the strategic priorities, and is seen to be producing value for money.
At the moment, Clause 4 is remarkably light on detail as to how this will be achieved, so I agree with the noble Baroness that an impact assessment is very important and should be standard practice for a government project of this scale. I also agree with the noble Baroness, Lady Jones of Moulsecoomb, that the public have the right to see how and where this money is being spent. The noble Baroness, Lady McIntosh, raises an important point, which I very much agree with, about the allocation of moneys to each of the strategic priorities. Underlying all of these contributions is a desire to ensure not only that the money is spent wisely but also that it is all spent, so that we are not left gifting unused moneys which could have been put to good use back to the Treasury.
Several noble Lords, including the noble Earl, Lord Devon, and the noble Lord, Lord Teverson, have raised issues about the timing of the plans and the need to ensure parliamentary oversight. In this regard, the Minister’s Amendment 35 is helpful as far as it goes, and the 12-month advance notice for future plans is welcome, but he will know that the proposal to lay the first plan before Parliament “as soon as practicable” before the start date is not going to reassure many in the sector whose livelihoods depend on the funding. I agree with the noble Baroness, Lady Bakewell, that it would be useful to have some clarity from the Minister as to what that phrase means. I would have thought that the proposal from the noble Earl, Lord Devon, of a two-month deadline, was eminently sensible; I hope the Minister addresses it in his response.
I also commend to noble Lords our Amendment 41, which is coming up in a later group and which would require the Secretary of State to report to Parliament about the progress of the tests and trials before the transition can begin, therefore allowing some parliamentary scrutiny of that process.
The noble Lord, Lord Wigley, raises an important point about the internal market within the UK and the dire consequences for all of us if we do not get the balance right and create a level playing field. This is a huge challenge which is not going to be resolved in this Bill, but he is right to raise the consequences for the farming sector and to urge all parts of the UK to work together on this matter.
I said at the outset that there is a compelling case for more detail on how the multiannual financial assistance plans will work. I am very much hoping that the Minister will provide the reassurance we are all seeking that this work is in hand and that we will see more details in due course, and certainly well before the schemes are launched. I look forward to his response.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have contributed to what has been a very interesting debate.
Turning first to Amendment 28, the Government believe that it is important that the public can see how financial assistance being provided under Clause 1 is being spent, as part of our ongoing commitment to openness, transparency and accountability. Clause 2(8) allows the Secretary of State to make secondary legislation to provide that specified information relating to the financial assistance given under Clause 1 is published. Clause 2(9) sets out the information which may be specified. This already includes information about the recipient of the financial assistance, the amount of the financial assistance and the purpose for which the financial assistance was given. Sufficient information will be published under the regulations that the Government are currently developing to underpin subsections (8) and (9).
To inform the development of these regulations, on 4 August the Government launched a public consultation on their proposals for financial and beneficiary information publication. Within the accompanying consultation document, the Government set out how they believe that beneficiary data should be published on a publicly available searchable database, and that details of the name of a beneficiary of financial assistance, postcode, amount of funding received and a high-level purpose of the funding payments should be recorded.
The consultation also proposed that the regulations require the publication of the land management plans—LMPs—which will be a key component and requirement of the environmental land management scheme pilot. The Government seek to strike the right balance between accountability and transparency, on the one hand, and the privacy of agreement holders on the other. On that final point, I assure your Lordships that the Government will publish only information that is relevant and limited to what is necessary in relation to the purposes for which it is processed.
Turning to Amendment 18, this is a framework Bill. As a result, the powers in Clause 1 do not in themselves impose a regulatory burden. The Government believe that impact assessments are very important; where the Bill will introduce new regulatory provisions, the Government will produce and publish regulatory impact assessments in line with the Better Regulation Framework guidance. I have reflected on the points raised in Committee by my noble friend Lady Neville-Rolfe and the noble Baroness, Lady Jones of Whitchurch. I assure your Lordships that I am fully cognisant of the important role that impact assessments play in providing a solid basis for scrutiny of government policy. With this in mind, I can confirm that the Government will publish the impact assessment narrative that has been prepared for this Bill. It summarises the measures in the Bill that will have a regulatory impact on business and sets out a clear plan for when more detailed, quantitative assessments will be produced for each of those individual measures. This impact assessment narrative will be published later in the autumn.
The Government continue to work closely with farmers, foresters, other land managers and key stakeholder groups to ensure that they have ample opportunities to inform the design of Clause 1 schemes. For example, the Government recently consulted on their proposals for regulations under Clause 2(8) and Clause 3, which will set out the Government’s approach to financial information publication and the enforcement regime to accompany Clause 1 financial assistance, respectively. The Government will also conduct a public consultation before finalising the design of the full ELM scheme, which is to be launched in 2024. This consultation will be accompanied by a full impact assessment.
Turning to Amendments 47 and 106, the Government are keen that we seize the opportunity of EU exit to remake England’s farming policy so that it is suited to the needs and demand of farmers, the environment and the public at large. Welsh Ministers have decided that it is not appropriate to take powers to allow Welsh Ministers to operate or transition to new schemes in this Bill. These powers will be provided for instead by the agriculture (Wales) Bill. We believe that Welsh Ministers must have the space to develop policy to suit the needs of Wales. I assure the noble Lord, Lord Wigley, that in forming the agricultural framework, the Government of course considered other countries’ agricultural policy. As this Government develop these proposals further, we will continue to look across the United Kingdom and internationally to be aware of and learn from agricultural policy in other nations.
I turn to Amendment 32. I should note that Clause 4 was introduced following extensive feedback on the Agriculture Bill 2018, taking into careful consideration what would be a suitable timeframe for multiannual financial assistance plans. The first plan period was designed to match the entire agricultural transition period, providing the necessary details on how financial assistance powers in the Bill would be used. Following extensive consultation the Government have legislated for a seven-year transition, as set out in Clause 8. The Government believe that seven years strikes the right balance between signalling the end of area-based direct payments and giving farmers time to adjust. Certainty, in our view, is very important.
Baroness McIntosh of Pickering (Con)
I ask my noble friend where the business plan that he says will be published in the autumn will be published. I am slightly concerned that “in the autumn” could be interpreted as 21 December, and that the plan could come out after both Houses have risen. Having served on the EFRA Committee for a number of years and looked very closely at the budgets, I am not quite sure which particular spending would be interrupted by Amendment 30.
Lord Gardiner of Kimble (Con)
I would love to give your Lordships a precise date. The Government understand the need to bring forward this information as soon as possible; I said autumn. We in Defra are seized of that importance. I will look at Amendment 30. All I can say is that our lawyers looked at it and advised me that that was the case but, if my noble friend would permit, it might help to have some legal expertise on why there was that interpretation.
Baroness Jones of Moulsecoomb (GP)
I thank the Minister for his summing up. The noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell of Hardington Mandeville, have summed up extremely well, but there are a few points that I will add. First, I tried to move Amendment 18 on behalf of the noble Baroness, Lady Neville-Rolfe, because I supported it, but unfortunately I was too slow; that is not something you can often say about me. I was entranced by the argument between five and seven years. Honestly, the noble Lord, Lord Teverson, swayed me with his wartime analogies; they were worthy of the ERG. I was lost slightly by the noble Earl, Lord Devon, and Moses. I thank all Peers who have spoken. It was a slightly mixed group.
The Minister asks your Lordships to trust him and almost every Peer in this House does but, when he asks the House to trust the Government, it is a completely different matter. If it is not in the Bill, it does not exist. It is all very well to talk about what the Government will do later but, if they are not bound by the Bill, I do not trust them to do it. With that in mind, I beg leave to withdraw the amendment.
“(a) in the case of the first plan, as soon as practicable before the beginning of the plan period for the plan, and(b) in the case of a subsequent plan, at least 12 months before the beginning of the plan period for the plan.”Member’s explanatory statement
This amendment provides that the first multiannual financial assistance plan under Clause 4 must be published as soon as practicable before the beginning of the applicable plan period, and that any subsequent plan must be published at least 12 months before such time.
Lord Grantchester (Lab)
My Lords, the lead amendment in this group, Amendment 36, in the name of the noble Baroness, Lady McIntosh, and others was subject to much debate in Committee. There were many alternative proposals for the transition period between the present system and the full implementation of ELMS being separated from landholdings. This amendment would delay its start for one year. I thank her for her amendment, as she has foreshadowed many of my remarks.
I will speak to my Amendment 41 in this group. However, before I do so I thank the noble Lords, Lord Carrington and Lord Curry of Kirkharle, for their Amendment 37. Further amendments to it have been tabled, in Amendments 38 and 39 by the noble Duke, the Duke of Wellington, and Amendment 40 by the noble Lord, Lord Carrington.
I understand the approach of the noble Lord, Lord Carrington, and his anxieties concerning cuts in direct payments. I appreciate the emphasis given by the noble Duke, the Duke of Wellington, to the organic sector by doubling conversion payments, and to the hill-farming sector in the less favoured areas by freezing their reductions below £30,000 per hill farm.
Amendment 40 specifies that the regulations in this amended clause are subject to the affirmative procedure. However, we could not consider supporting these amendments without extensive further information being available to apprise us of their merits.
I would also like to thank the noble Baroness, Lady Rock, for her amendment concerning the importance of cash flow and grants to the viability of farming businesses in today’s increasingly volatile business circumstances.
However, I propose an alternative approach to these amendments. Amendment 41 disapplies Clause 8. In Committee, amendments around a transition period and the multiannual plans were spread between groupings. This has been reflected today with the consideration of Amendment 32 from the noble Lord, Lord Teverson, and Amendment 33 from the noble Earl, Lord Devon, being in a previous group. This has meant that the debate has been at cross-purposes with Amendment 41, as these other amendments concern the length of multiannual plans only. However, I recognise that multiannual plans were subject to extensive consultation in the 2018 Bill and set for seven years in conclusion then. This has possibly overshadowed the merits of my Amendment 41. I thank the noble Lord, Lord Addington, for adding his name to this amendment and for his recent remarks. I also thank my noble friend Lord Judd for his remarks in support.
How the changes to the ELM system and the nature of each seven-year period between plans and a transition period interact can indeed be very confusing. This is why I have tabled my Committee amendment with a few changes. Having reflected on the debate, as well as on evidence both formal and anecdotal from recent trials and pilot schemes, we have revised our approach in a fair, common-sense way that is also flexible to circumstances. This is because so much is unknown and the results of any trials have yet to be considered. This appears to be recognised to some extent by the Government’s own Amendment 35.
Amendment 41 removes from the Bill the previous start date of the transition period and gives the Government a degree of flexibility by having a start date set in regulations. There is no need for the Government to define a start date in primary legislation which they could later regret, and which would set the legislation off into a period of uncertainty should ELMS not be adequately ready for implementation—as their Amendment 35 partially recognises. The amendment states that the start date would be set once the Government have confirmed that any scheme to operate in the first year of the transition was fully operable.
Everyone can agree that it is important to get started on the transition phase, but so much preparatory work is yet to be done. There is anxiety already that countryside stewardship schemes starting in 2021 can be withdrawn, yet schemes started this year, in 2020, cannot be withdrawn without penalty. There are also very considerable concerns being highlighted and heightened in relation to Covid-19 and the potential onset of any phase 2 consequences this winter.
I highlight that Defra’s plans are themselves being reconsidered in relation to the transition period. I understand that the department is now planning a new interim or stepping-stone scheme to bridge the gap that may appear between the BPS and the ELM scheme. The sustainable farming incentive, or SFI, will bring in limited elements of ELM tier 1, while avoiding the funding gap that will arise from the Government’s ill-considered cutbacks before full schemes are available. This is some- thing we drew attention to as early as Second Reading.
I understand that claimants are expected by Defra to have lost half of their payments by 2024, when full pilot schemes are expected to be rolled out. Can the Minister be transparent on this new scheme and the amount of cutbacks being envisaged? It is important to the credibility of the Government’s plans, so forcibly expressed by the Minister.
Is this SFI scheme under serious consideration, and where will the funding come from if funding cuts to BPS are to finance ELMS, as repeatedly expressed? Will the Countryside Stewardship entrants be excluded once again, as already mentioned? Surely Amendment 41 is preferable to the uncertainty, complexity and confusion that will arise if these reports are confirmed. I understand that the announcement is held up with the Treasury’s comprehensive spending review. It would be more than unfortunate if the Minister could not be forthcoming tonight when the House is considering this Bill.
Lord Gardiner of Kimble (Con)
My Lords, I thank all noble Lords who have contributed to this debate. I will be the first to say, coming from a farming background and being a farmer myself, that I know that change can present these great concerns, and that is why the Government are clear that they want to work with farmers to ensure we get the schemes right. I think we are doing that properly, and I would like to explain why.
On Amendment 36, with which I will also address Amendments 37, 39, 40 and 41, the Government are committed to introducing new schemes that will reward farmers for producing goods that are valued by the public. Our planned reductions for 2021 are intended to send a clear signal of reform. It is important that farmers have certainty about when the agricultural transition will begin. There may be some in this House who do not agree with this. But many people, including those in the farming community, will feel that direct payments are poorly targeted and offer poor value for money. This is something that I have been very seized of, as have many of us farmers who seek to farm well and look after our land. This is a conclusion we all have to draw from the current regime. Therefore, applying appropriate progressive reductions to these payments will free up money that can be used to support farmers better—I repeat, “to support farmers better”—and deliver public goods.
We believe it is important that this process is not delayed. The Government are on track to introduce new schemes from 2021 while continuing to fund new and existing Countryside Stewardship agreements which farmers can apply for until 2023. Signing a Countryside Stewardship agreement gives a viable, long-term source of income for providing environmental benefits. I assure the noble Lord, Lord Grantchester, and other noble Lords that no one in a Countryside Stewardship agreement will be unfairly disadvantaged when they move to new arrangements under ELM. I should also say to the noble Duke, the Duke of Wellington, that the Countryside Stewardship scheme includes a specific uplands wildlife offer.
We will also provide productivity grants to farmers for investments in equipment, technology and infrastructure, which will help their businesses to prosper while improving their productivity and enhancing the environment. These grants will be available from 2021. In addition, the national pilot of the future ELM scheme will also begin in 2021 and will be funded from the reductions in direct payments. The national pilot will be informed by the engagement with farmers, land managers and other stakeholders which is already well under way, including tests and trials.
I have to say again that I think we may sometimes be attending different webinars or whatever, because the impression I have been given is that many farmers have found it stimulating, particularly the younger ones, who have found talking about such matters, and the innovation of the new way forward, refreshing. As I have said before, they will be able to look the taxpayer in the eye and show that we are producing better for the public and better for farmers.
Baroness McIntosh of Pickering (Con)
My Lords, I am disappointed, unless I have misunderstood, that my noble friend did not reply to the basic question of why we cannot have a 12-month notification of the first plan. I am no farmer myself—the closest I got was having two fields on which we claimed a tiny amount, which I have now left my brother to get on with.
I understand that, according to the Companion, I can take this opportunity to put another question to the Minister. The Government have spoken about easing access: how do they imagine easing access to the existing countryside stewardship scheme and new measures to assist improvements in productivity through the transition period? That would go some way to allaying the fears. I have to say that this is a key concern of both the Tenant Farmers Association and the NFU in the briefings I have had from them. Obviously, they represent the lion’s share of farmers.
The Government have talked about a new interim scheme, called the sustainable farming initiative, but surely this would just add to the complexity of an already busy policy space, particularly when existing schemes are available and just need to be improved. Might not such a sustainable farming initiative take Defra’s eye off the ball in properly developing what we all want to see—a good ELM scheme? Will my noble friend reply to that and to my original question as to why we are not having 12 months’ notice of the original business plan?
Lord Gardiner of Kimble (Con)
My Lords, I think I have been very clear that we will be announcing the funding for the early years of the agricultural transition period, including direct payments, later in the autumn—I hope as soon as possible. I cannot say any more than that. As I said, that announcement will provide much of the reassurance that I suspect noble Lords and farmers are looking for about those early years. I have set out the maximum reductions for 2021. Those are all designed, as I said, to enable the Government, at the beginning of the transition and the reforms, to provide extra countryside stewardship agreements and productivity grants to farmers, which I think will be very desirable to start next year, and the national pilot for the future ELM schemes.
All this is designed to combine all that we want to do in enhancing food production and the environment. It is sensible to start these schemes next year, and the resources, through the reductions, will be there to work on this. It is a seven-year transition and the Government are very mindful of the manifesto pledges about the resources that will be available to this agricultural budget. We intend to support and work with farmers to make a better scheme, with a public return for it. I do not think there is much more I can say to my noble friend, other than that this Government have shown by our commitments to funding that we are four-square behind the farmer, but I say candidly that the current system is poor value for money.
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
I understand that the noble Lord, Lord Grantchester, wishes to ask a short question for elucidation.
Lord Grantchester (Lab)
My Lords, I apologise to the House for asking the Minister a follow-up question. I listened carefully to his remarks but, by the time the communication channels had reached the Deputy Speaker, she had already intimated to the noble Baroness, Lady McIntosh, that she could have her consideration of the amendments. I had not heard any reference in the Minister’s remarks to the sustainable farming incentive, but the noble Baroness, Lady McIntosh, repeated that question to him. I understand now and am very grateful to him for the fullness of the reply that he can give tonight.
Lord Gardiner of Kimble (Con)
My Lords, I have been very clear that the Government are bringing forward schemes of a countryside and environmental aspect, which will be funded through reductions in the direct payments. This is what we want: to start sustainable environmental and countryside stewardship schemes. This is all about what we want to do with farmers, as part of a major plank of this legislation. I am beginning to wonder whether it is me or whether noble Lords do not want to press the receive button for what I am seeking to say.
Baroness McIntosh of Pickering (Con)
My Lords, I have to express disappointment that I have not received the assurances I sought, but I do not wish to test the opinion of the House. I wish to withdraw my amendment.
Agriculture Bill
Lord Gardiner of Kimble Excerpts(5 years, 10 months ago)
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Baroness Penn
That the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 28; Schedule 1; Clause 29; Schedule 2; Clauses 30 to 34; Schedule 3; Clause 35; Schedule 4; Clauses 36 to 43; Schedule 5; Clauses 44 and 45; Schedule 6; Clauses 46 to 49; Schedule 7; Clauses 50 to 54; Title.