Agriculture Bill

Lord Grantchester Excerpts

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

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Amendments 264 and 265 in the name of the noble Lord, Lord Foulkes of Cumnock, relate to the WTO Agreement on Agriculture. The noble Lord made the case for the Secretary of State to be required to consult with relevant stakeholders before making regulations for the purpose of securing compliance with the UK under the Agreement on Agriculture. As always, he set out his case with great clarity.

The second amendment removes the power from the Secretary of State to allow others to make the decision for him or her, or to delegate to others and any other person who might exercise discretion in this matter. The noble Lord, Lord Foulkes, does not believe that the reason for these powers is clear. There is no explanation of what they may be used for.

Amendment 269 in the name of the noble Lords, Lord Hain and Lord Wigley, would insert a new subsection at the end of Clause 42. As the noble Lord, Lord Hain, set out so clearly, this supports delivery of Welsh animal and plant health, food safety and environmental standards, which should not have the effect of lowering these below EU standards. The noble Lord is concerned about the large areas of Wales that are heavily dependent on agriculture. Food standards are extremely important for sustainable food production. The noble Lord, Lord Wigley, said that there are opportunities for agriculture in Wales and that building on food standards will be important. The products in Wales stand up against produce from the rest of the world.

The noble Baroness, Lady McIntosh of Pickering, supported these amendments—particularly Amendments 264 and 265 —and believes that this is a genuine oversight. The noble and learned Lord, Lord Hope of Craighead, also supported the noble Lord, Lord Foulkes.

My noble friend Lord Purvis of Tweed feels that the regulations are concerned with WTO compliance. Is this compliance of Scottish and Welsh farmers for their benefit or for the benefit of English farmers? My noble friend had discussions with the Trade Minister about continuity agreements but did not get reassurance. Can the Minister confirm that these regulations will not be used in negotiations with the US? We seek that reassurance.

[Lord Grantchester (Lab)]

I thank my noble friend Lord Foulkes for leading the debate on this group of amendments—relating to Part 6 and the WTO Agreement on Agriculture—by moving Amendment 264, to which the noble Baroness, Lady McIntosh of Pickering, added her name. As is customary on each day of the Committee’s deliberations, I declare my agricultural interests as recorded in the register.

The United Kingdom has been an independent member of the World Trade Organization, and was also a member as a member state of the EU, when it was one. On leaving the EU, the UK will continue to ensure that domestic support schemes are consistent with WTO rules. The Minister will correct me on this interpretation if needed.

The Bill’s Explanatory Notes remind me of the non-distortion trading requirements of green box designations and so on, which characterised the discussions on CAP reform of decoupled income support payments and environmental programmes many years ago. This will not be the issue at the WTO once the UK begins to “record”, if that is the correct terminology, the various trade deals that it seeks with other countries around the world. There will be many challenges over, for example, state aid provisions. As we know, the countries implicated in the various EU rollover deals that the UK seeks ratification of have already lodged objections with the WTO.

There are various angles to this, as other speakers referred to in our proceedings last week. First, as my noble friend Lord Foulkes explained, his amendment would require the Secretary of State to consult relevant stakeholders. That is necessary as agriculture and food are matters devolved to the other nations of the union. In Amendment 269, my noble friend Lord Hain and the noble Lord, Lord Wigley, are concerned about compliance and consistency with the Well-being of Future Generations (Wales) Act 2015 and the Environment (Wales) Act 2016, specifically with regard to the sustainable brand values of Wales.

In other parts of the Bill, we have expressed our concern at the quality of the Government’s discussions with the devolved Administrations and how that will translate into representations at the WTO. The noble Lord, Lord Purvis, expressed this point in his remarks. Last Thursday—I remind noble Lords that this was at 10 minutes to midnight—he asked the Minister to clarify the status of the legislative consent Motion from the Scottish Parliament with regard to this part of the Bill. Regulations could have a significant impact on the design and implementation of support schemes in Scotland and Wales—by the way, no one has yet seen the full details of those schemes because the Government are yet to finalise them. By what mechanisms will the Secretary of State resolve any disputes that may arise with the devolved Administrations, such that he or she can fulfil the functions of Clause 40? Can the Minister confirm that any regulations made under the powers at Clause 40 will be only with the express agreement of the Scottish Parliament and the Welsh Assembly by the affirmative resolution procedure, as in subsection (4)?

My noble friend Lord Foulkes also asked about subsection (3), which may have relevance in this respect. However, the power under Clause 40(3)(c) seems inexplicably wide and vague. I also have concerns about paragraph (c), which refers to provision for “a person”—unspecified—

“to exercise a discretion in dealing with any matter.”

No provision seems to have been given for any oversight or reporting publicly. Can the Minister explain what the Government have in mind in needing these powers?

The clause refers to the Secretary of State. It may be assumed that, as this is the Agriculture Bill and the responsibility of the Minister’s department, this will not be the Secretary of State for the trade department. Which Secretary of State will be responsible to Parliament on this matter? Where will the cross-over apply in relation to WTO engagement?

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to open the group of amendments leading off with that in my name and to thank the noble Baronesses, Lady Henig and Lady Ritchie of Downpatrick, and the noble Lord, Lord Krebs, for lending their support to this amendment.

It is very timely, as today we learned that the official launch of the new Trade and Agriculture Commission has taken place. We learned that the commission will report directly to the International Trade Secretary and will produce an advisory report at the end of its six months’ work. I congratulate my noble friend, his department and the Department for International Trade on recognising the wish for such a commission. I hope he will look kindly on the need for Amendment 270 and possibly some of the other amendments in this group.

A million people have signed up to say we would like to support our farmers. Since the Covid-19 pandemic, people care much more about where their food comes from and the standards to which it has been produced. In Amendment 270 I ask that the Government establish an international trade standards commission within 12 months of passing the Act. At the time I drafted and submitted this amendment, we did not think even in our wildest dreams that there would be such a commission, so obviously the name change is not reflected in this amendment.

My disappointment is that the trade commission is not permanent; its work will wind up after only six months. We were told at its official launch that it will function as an advisory board to the Department for International Trade and the Secretary. I make a plea that the advice and recommendations given by the international trade commission be as binding on the Government as those of the Migration Advisory Committee. We heard from our noble friend Lady Williams at the Second Reading of the immigration Bill that the Home Office follows the MAC’s recommendations very closely indeed. That is the sort of recommendation-following I would like to see from the new Trade and Agriculture Commission.

I believe that it should be permanent and that the model we should look to is that in other countries with which we seek trade agreements. For example, why not model it on the US International Trade Commission, which is independent, non-partisan and quasi-judicial? It is a federal agency fulfilling a range of trade-related mandates, providing analysis of international trade issues to the President and Congress and adjudicating on intellectual property and trade disputes. We could look to similar trade commissions that are also permanent and independent in New Zealand, Australia and other such authorities.

In proposed subsection (2) of Amendment 270, we say:

“The International Trade Standards Commission must establish criteria for maintaining standards as high as or higher than standards applied within the United Kingdom at the time of import for agricultural goods imported under a trade agreement between the United Kingdom and any other state.”


I congratulate and thank my noble friend the Minister, who confirmed on Thursday that Britain will not lower its high standards of animal health, welfare and environmental protection, but today I make a plea to my noble friend: we need fair competition and a level playing field. We need to give our farmers an assurance that they will not be undercut by imports of substandard farm produce and that their good husbandry will be recognised. It is good husbandry in particular that we should take cognisance of, rather than necessarily the processes.

A number of figures on stock density were bandied about on Thursday. I put it to the Committee that in the US—it is a matter of note—there are no federal laws on the control of stock density for pigs. In nine states, sow stalls are banned. In the remaining states, it is legally permissible to keep sows in stalls for the entire 16-week gestation period. Similarly, sow stalls are legally permitted in Brazil. I applaud the fact that in the UK we have a gold standard for stock density for pigs and that we currently have a relatively level playing field with our competitors in the European Union.

Proposed subsection (3) refers to:

“‘Agricultural goods’ under subsection (2)”,


which

“includes, but is not limited to, standards relating to … animal welfare … protection of the environment … food safety, hygiene and traceability, and … plant health.”

On a personal note, I will probably be accused of being protectionist. I am protectionist. I am protective of the chicken, the cattle and the lamb produced under potentially inhumane and intensive conditions that we would simply not tolerate in this country. Their production frequently bears no resemblance to ours, and those imports should not have any place against the produce we currently produce to our high standards in this country.

In proposed subsection (4), we go on to say:

“A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 that contains provisions relating to the importation of agricultural and food products into the United Kingdom unless satisfied that the criteria established by the International Trade Standards Commission”—


now the Trade and Agriculture Commission, obviously—

“under subsection (2) have been met.”

That encapsulates my wish that the commission will give binding advice and operate independently and that the advice will be followed by both the international trade and agriculture departments. At the moment, it appears that every time a press release is issued by the new commission it is issued from the department, and that does not demonstrate any act of independence whatever. I hope my noble friend’s department, Defra, and the Department for International Trade will look at this.

You cannot have a perverse situation whereby farmers continue to meet our high standards of trade, welfare and environmental protection, only to be undercut by potentially substandard imports from third countries. I have a question for my noble friend. I understand that we have probably left the expert trade in agriculture group, which meets fortnightly under the auspices of the EU Commission. What will replace it? I hope the replacement will be the new Trade and Agriculture Commission but if not, which body will hold the Government’s feet to the fire as they set out the detail and criteria that will be followed in negotiating international trade agreements? In my view, the Trade and Agriculture Commission will be the best place to do so but should have sight of trade texts and provide detailed feedback, which is why Amendment 270 is so badly needed. If the commission is to wind up after six months, that is not satisfactory.

I will comment briefly on two of the other amendments in this group. Amendment 271, in the name of the noble Lord, Lord Grantchester, and other noble Lords, is well thought out, but my concern is that it does not set out the role of the international trade commission or who would draft criteria against which the international trade agreements being concluded would be measured. Subsection (5)(b) of Amendment 271 just refers to a take-note report submitted, presumably, to both Houses. I believe that there should be full scrutiny through the normal means of Select Committees, assuming that the trade commission will be a permanent body.

Amendment 279 again has been well thought out and is commendable, but I believe it is fatally flawed. Having read it, I wait with great anticipation to hear what the noble Lord, Lord Curry, says. It is not satisfactory that the report will have been submitted but we cannot revert to the Trade and Agriculture Commission because it will already have been wound up by then.

In summary, we must not have a credibility gap. I am enthusiastic about the launch of the Trade and Agriculture Commission today, but it must be allowed to do its duty. It must be a permanent body and accountable to the relevant bodies, particularly Select Committees of both Houses. It should have comprehensive terms of reference, which include current and future trade talks. Its recommendations should be mandatory, in the same way as those of the Migration Advisory Committee. I beg to move.

[Lord Grantchester]

If there is one strong theme running through many of the amendments, it is that of standards. I am grateful to all noble Lords who have raised concerns, whether on animal health and welfare, on husbandry methods in agriculture and horticulture, on environmental and climate aspects, on food, nutrition and labelling the final product, or on intra-UK relationships and international aspects at the WTO. They are all important, because they all matter.

This country has decided. The answer is that the UK wants to bring back control, so that decisions are made at UK level. This group of amendments determines how our standards will be set, at the outset of our EU exit, and how they will be maintained.

I shall speak to Amendment 271, and I am grateful to the noble Lord, Lord Cameron, and the noble Baronesses, Lady Hodgson and Lady Bakewell, for adding their names in support. This amendment is needed, as the Agriculture Bill is a domestic measure setting a new approach to food production support by setting new domestic standards in law. That includes all present laws and regulations that pertain in the UK. All food, wherever it comes from, must adhere to this basic threshold. It is important that domestic agricultural production is on a level playing field with all production of food available and sold to UK consumers. Let us be clear: these are food production standards, not just food safety standards. British consumers have constantly demanded high production standards even, at times, in excess of standards within the EU.

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[Baroness Scott of Needham Market (LD) [V]]

My Lords, I confess that I have some sympathy with the Minister. He is universally admired and respected in this House but he faces a weight of opinion that I have rarely seen in my 20 years in the House of Lords. Members from all Benches and from right across the UK, including some of the country’s leading experts in their field—backed by the NFU, a coalition of more than 20 environmental and animal welfare groups, the British press and more than a million signatories to a petition—have major concerns about standards going forward after Brexit.

However, I have no sympathy at all with the Government, who profess to have an absolute, unwavering commitment to standards but refuse to put them in the Bill. If they thought that the creation and announcement of the Trade and Agriculture Commission was going to be a sop to noble Lords, today should have disabused them of that idea. As the noble Lord, Lord Curry, highlighted, this body is advisory only. If ever there were a time when we should have the lessons of advisory bodies foremost in our minds, it is now, when we have the recent experience of SAGE.

A number of noble Lords asked why the commission has been set for only six months. As the noble Lord, Lord Cameron, said, we are likely still to be negotiating trade deals in three to 10 years’ time.

Among many others, the noble Lords, Lord Trees and Lord Cameron, and the noble Baroness, Lady McIntosh, raised issues such as good husbandry and the way in which poor husbandry elsewhere can be used to undercut British farmers. They highlighted important issues, such as stock density and the overuse of antibiotics.

The noble Lord, Lord Krebs, and the noble Baronesses, Lady Young and Lady Boycott, highlighted the question of where this cheap food is likely to end up and suggested that it will be with the poorest in our society. I think that they are right. No one should have to choose between their health and conscience on one hand and their budget on the other. These standards should be guaranteed for everyone.

Many noble Lords commented that this is the most important sets of amendments that we face. I agree: they are important in their own right but they are also important when it comes to thinking about parliamentary sovereignty. It is of course correct that Parliament did not approve, or even properly scrutinise, trade deals negotiated on our behalf when we were members of the EU, but that was entirely our decision; other member states chose to do it differently. Now, having apparently taken back control, the Government still see no role for Parliament in negotiating future trade deals, including on the important issues that we have debated today and despite the enormous public interest in relation to not just food but health, environmental and safety standards.

In recent weeks, we have heard a lot about how these commitments are enshrined in the Conservative manifesto. Manifestoes are meant to be an indicator of the Government’s legislative programme—they are not an end in themselves. The noble Baroness, Lady Humphreys, commented that this is a question of trust in government. I absolutely agree. The Government have a problem here because they are telling business that, post Brexit, there will be a deregulatory bonanza and the creation of Singapore-on-Thames, yet in this regard, we are supposed to believe that these protections and such regulation are absolutely guaranteed. For many people, that is not credible, which is why we need something guaranteeing these standards in the Bill. My party has consistently called for the retention of high standards for food, the environment, safety and animal welfare after Brexit. We seek to ensure that this Bill and others will protect UK consumers and UK farmers.

The Minister has quite a job ahead of him on Report.

[Lord Grantchester]

This has been another very good debate on a key issue in the Bill. I thank all noble Lords who spoke on these amendments, which cover the key variances in opinion on approaches to food standards.

Amendment 276 in the name of my noble friend Lord Hain, which other noble Lords have signed, is essentially the amendment proposed in the other place by Neil Parish and others. Unfortunately, that amendment was defeated. I spoke on this in regard to my Amendment 271, which answers various deficiencies that that amendment encountered. However, I am very grateful to my noble friend for his remarks on the amendment, as he underlined the huge support that it secured with so many of the industry’s representative bodies, including the National Farmers’ Union.

If I may, I will group together Amendment 273 in the name of the noble Baroness, Lady Jones of Moulsecoomb, which other noble Lords signed, and Amendment 278 in the name of the noble Lord, Lord Empey, which the noble Lord, Lord Wigley, signed. Both approach the issue of food standards from the position that, after IP completion day, existing UK standards must not be undermined. Amendment 273 underlines the importance of equivalence of standards protecting food safety, the environment and animal welfare. It is clear in its objectives but, unfortunately, it does not provide for how this process will be conducted or implemented, including how the ratification—or denial of ratification—of any international trade deal will be endorsed or refused.

Amendment 278 specifies that the Secretary of State must produce a register of UK production standards, against which agricultural goods must be assessed, which must be updated annually. I do not know whether this is necessary when there is a statute book, or how this process will be judged. I thank the noble Lords, Lord Bruce and Lord Wigley, for Amendment 280, which is focused on the situation should the UK Government not conclude a satisfactory agreement with the EU in time. It requires that the Secretary of State report to Parliament on the impact of this on the beef and lamb sectors. There have been many debates on the no-deal Brexit situation and its impacts. Even after the Government’s announcements on the temporary tariffs that would apply in that situation, I share the amendment’s concerns. However, I remain confident that there will be an agreement between the UK and the EU in time.

A food and trade commission has been proposed by the National Farmers Union for some time. While we can support such a commission, it does not replace our Amendment 271. Depending on its terms of reference, membership and powers, it could become a welcome means to monitor ongoing improvement in food standards and production standards equivalence in all future trade deals, but only as a second step, having secured the importance of the provisions enshrined in Amendment 271. There was always an apprehension that any food and trade commission would just continue anxiety about whether it will be effective in maintaining the UK’s production standards.

I thank the noble Baroness, Lady McIntosh, who led on Amendment 270, and the noble Lord, Lord Curry, who spoke in support of the NFU’s Amendment 279. I have great regard for the comments of the noble Baroness, Lady McIntosh, coming as they do from a former chair of the important Environment, Food and Rural Affairs Select Committee in the other place. I also greatly appreciate what the noble Lord, Lord Curry, has achieved over many years. I have attended many conferences where he has spoken and have sought his advice on one or two issues in the past. However, both speakers struggled to reconcile their amendments’ proposals with what has now been set up. It was rather confusing: were they really promoting their amendments? On this side of the House, we would not be able to support the present proposals, or able to welcome the version of a food and trade commission launched today. That is a very disappointing position to be in.

The noble Lord, Lord Curry, spelled it out himself: it is not permanent and it does not follow any legislative step to enshrine UK standards. It is not independent; it is merely advisory. It has no formal powers and does not envisage any role for Parliament. His amendment makes no provision regarding wide representation of the many interests that need to be included on any commission. The obvious omissions of consumer interests, animal welfare and environmental organisations and others, have resulted in a crescendo of objections following the announcements. The British Veterinary Association, the RSPCA, Greener UK and Which? have all issued statements of disappointment.

This puts the National Farmers Union and proponents of the commission in a difficult position. Do they withdraw their amendments? They will feel embarrassed in farming circles. We do not need another talking shop for the NFU and its sister organisations in the devolved Administrations to debate for a few months. How does this differ from the trade advisory group that the noble Lord, Lord Purvis asked about? We need decisive and independent scrutiny, after having secured provision for our position. The co-operation between the commission proponents and the Government is interesting. Will the Minister confirm whether Amendment 279, in the name of the noble Lord, Lord Curry, was drawn up with his department’s help before it was agreed with the NFU? I understand that his department was taken aback when the Department for International Trade seized it as a method to buy off Back-Bench Conservative dismay at the Government’s position, so that Neil Parish expressed anxiety at the department’s approach to food production standards.

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[Baroness Northover (LD) [V]]

Clearly, there are major risks with Henry VIII clauses, and we have more of them in this Bill. My noble friend Lord Thomas reminded us of the roots of the term, and that the tools were once weaker than those used by the Government today. Statutory instruments are unamendable and almost never voted down. These clauses use secondary legislation to amend primary legislation. We are getting more and more instances of their use.

The House of Lords Select Committee on the Constitution has been very critical of this. As the committee put it:

“A distinguishing feature of the Brexit bills was the extent of the delegated powers they contained. Many were skeleton bills, providing broad powers to ministers to create new policy regimes and public bodies for the UK after Brexit with little or no detail as to what policy would be implemented or the nature of institutions which would be created.”


The University of Bristol Law School has noted:

“It seems that the desire to ‘take back control’ from the EU has morphed into an altogether more sinister desire on the part of the Government to minimise scrutiny of its policy choices.”


The noble and learned Lord, Lord Judge, to whom other noble Lords have referred, has called for such clauses to be

“confined to the dustbin of history”.

He is surely right.

There was huge concern about this when the predecessor Bill was published in 2018. There have been improvements, but they are insufficient. It is still not clear what the policy will be in the coming years, with so many “may”s and so few “must”s in this Bill. All noble Lords who have lasted this long in the proceedings on the Bill to contribute to this group have expressed concern. The Minister is probably relieved that some stood aside, but I expect they would have said similar things. However, even that would not have tested the patience of the Minister, who richly deserves a summer holiday back in the English countryside. But he will have much to think about.

Despite the changes from the 2018 Agriculture Bill, the Delegated Powers Committee remains concerned, and these amendments reflect that. These amendments also reflect the NFU’s concern. Nothing is certain for British agriculture at the moment, and these powers need to be clarified and curtailed. I look forward to the Minister’s response.

[Lord Grantchester]

I am grateful to the noble Lords, Lord Carrington and Lord Greaves, and others for tabling Amendment 295 to Clause 47, “Regulations”, under Part 8, “General and Final Provisions”, and Amendment 298 to Clause 50, “Power to make consequential etc provision”. They are correct to look at every opportunity the Government may feel they need to extend their powers on what is essentially a framework Bill without a lot of detail.

The amendments made me check the 13th report of the Delegated Powers and Regulatory Reform Committee of your Lordships’ House. The committee’s oversight of each piece of primary legislation is always cogent and thoughtful. In consequence, any criticism is always considered and answered carefully by the Government. On rereading the report, I am slightly surprised that the Delegated Powers Committee did not flag up these clauses’ ability to make amendments to primary legislation by secondary orders. The House has usually argued that unless there are very good reasons for doing so, changes to primary legislation should come only from a new Bill.

I have now reread the clauses very carefully and wonder whether this provision was not flagged because the relevant subsections do not actually confer a delegated power to modify primary legislation but contain a provision that already modifies primary legislation, retained EU legislation or subordinate legislation; that is, something that is already delegated and clarifies how other powers may be used. I would welcome the Minister’s explanation.

I do not wish to prolong proceedings but, together with my noble friend Lady Jones of Whitchurch, I echo the remarks of other noble Lords in appreciating the uniformly consistent and fulsome answers that the Minister, the noble Baroness, Lady Bloomfield, and the whole Bill team have provided to all our inquiries. All responses have been comprehensive and expressed constructively in all our deliberations. The praise given by your Lordships is well deserved for the patience shown towards us. I have always found the ministerial answers most helpful.

After a very long Committee stage, I just add that I have not found the Committee essentially negative towards the Bill; rather, my impression is that as the Committee has proceeded with its inquiries, the ambitions contained in the Bill have become better appreciated.

[Lord Gardiner of Kimble]

My Lords, this has been a very helpful debate. I thank the noble Lord, Lord Carrington, for his amendments and for the opportunity to explain why the Government are seeking the delegated powers in Clauses 47(3) and 50(1) for themselves and, I should add, the devolved Administrations in Wales and Northern Ireland.

The Government’s request for delegated powers in this area is reasonable and proportionate. I am reminded of the noble and learned Lord, Lord Judge, and the discussions I have had with him on other Bills, so I understand—not only as a Minister but as someone who believes in proper scrutiny—the points that have been made. But here we are seeking provision to make technical changes for which securing further primary legislation would be cumbersome and far too slow. There would be paralysis if every change to primary legislation had to be made by further primary legislation, particularly during this period of change.

As Sections 7, 8 and 9 of the European Union (Withdrawal Agreement) Act 2020 demonstrate, delegated powers to amend primary legislation are an indispensable tool in ensuring that the law is updated in a timely and efficient manner.

It is certainly not our intention to compromise or circumvent appropriate parliamentary scrutiny. That is why Clause 47(5) ensures that any use of these powers to amend primary legislation would be subject to the affirmative resolution procedure. The flexibility provided by these delegated powers is needed, as it is not possible to anticipate every consequential, supplemental, transitional, transitory and saving provision that may be required at the end of the transition period.

At the moment, we do not know what the UK’s future relationship with the EU will look like. As soon as this becomes clear, the UK and devolved Governments will have to make quick operability amendments to ensure the body of legislation that governs the agricultural sector is updated where necessary. As I have said, we are also taking these powers on behalf of the Welsh Government and DAERA so that they can make appropriate operability changes as necessary.

I should perhaps declare my membership of the NFU—it is always interesting to hear “the NFU says this and the NFU says that”. I am a member of the NFU, and the inability to amend legislation where needed could cause considerable uncertainty; we believe it could disadvantage farmers, the agricultural sector and consumers.

I emphasise that the powers to amend primary legislation could be used only where the legislation relates to a specific provision of this Bill. One example of their use is to make savings provisions for the agri-promotion scheme to ensure that existing programmes are able to continue to their conclusion after CAP regulations cease to apply. We are unable to put the savings provisions on the face of the Bill as we do not currently know which schemes will be live at the end of the transition period and therefore which savings provisions would be required.

To my noble friend Lord Marlesford, I say that I absolutely understand the point he has championed about powers of entry without a warrant. Indeed, I have had discussions in the past with the noble and learned Lord, Lord Judge, about this as well. The Government have limited the powers of entry to make a distinction between the property that is occupied as a house—“dwelling”—and the property as a whole. I absolutely understand and appreciate that it is intrinsic to our arrangements that there is respect for a private dwelling place.

I emphasise that this is a measure that we think is proportionate and necessary given the circumstances. I understand what noble Lords have said about Henry VIII powers and, of course, the reason behind the nervousness or dislike, shall we say, of this sort of provision. However, I hope I have demonstrated adequately that this is no ruse or some back way of abusing Parliament; it is actually to serve those we serve better by enabling us to deal with such matters as I have outlined in an appropriate manner. With those assurances, I hope that the noble Lord, Lord Carrington, will feel able to withdraw his amendment.