Clean Air (Human Rights) Bill [HL]

Lord Holmes of Richmond Excerpts

2nd reading
Friday 8th July 2022 Lords Chamber

[Lord Holmes of Richmond (Con)]

My Lords, I welcome Rosamund to the Public Gallery; I congratulate her on everything that she has achieved in this area and condole with her on the fact that she has had to. I also congratulate the noble Baroness, Lady Jones, on bringing the Bill for us to consider.

I will give some words from history: “We saw the lungs of little ones not developing to full size, projecting that, by age 50, they would have the lungs of someone aged 65 and all the attendant health issues that would result”. Other writing details a young person in hospital with pneumonia being strongly advised to leave the city if they did not want their life to be foreshortened because of the air that they breathed. Is this from Victorian times or are they Elizabethan writings? No, it is testimony from today for today. On the basis of that at least, it is high time that we pass the Bill in short order.

There is nothing new in clean air: the first legislation was passed in 1306. But the most famous Act, which is slightly newer, is the Clear Air Act 1956, which was a result of the Great Smog of 1952. At this stage, the United Kingdom was world leading in this area, but we are not today.

We have heard from noble Lords what the Bill does. It could not be simpler: it enshrines the right to breathe clean air. It is impressive in many ways, not least because continuous improvement on the levels of the pollutants listed, year on year, is built into it. It is also impressive because it looks not just at pollutants that harm humans but at pollutants that extinguish our environment.

Part of the problem with clean air is its intangibility. If water came out of our taps that was brown in colour and foul in stench, we would not go anywhere near it; air is more complex, but just as significant to the health of everyone in this country. What will be the consequence or fallout, if you will, if we do nothing? The situation will continue: some 9,500 lives will be ended before their time in London, and that will be multiplied across the country. Clean air, or the lack thereof, is the largest environmental health threat in the United Kingdom.

I say to my noble friend the Minister that we need to look at what education can do. I urge him to speak to the Schools Minister to have the nursery rhyme reintroduced and urgently updated in our schools: not “London’s Burning” but “London’s Choking”. It should be rewritten for the cities up and down our country.

Similarly, what can we ourselves do in terms of education? A fabulous app, Tenzing, tells us the most polluted streets and roads in our capital and across our country. I advise avoiding cycling on Euston Road and the Strand, to name but two. This shows what we can do with data in real time and how technology can help us in this fight for a better environment for the benefit of all of us. The nitrogen oxides in Kingston park are 40% lower than in Green Park in the centre of our capital city.

This is a comprehensive and impressive Bill. It is appalling that we need it, but we do. I will give another example: a marathon runner contracting asthma on our streets as a result of simply trying to keep fit. One individual testimony from someone running on our streets should go to those who are running our streets. But it is for more than our athletes or those suffering from asthma: clean air is so self-evidently for everyone. We often talk about the beating heart of our city, but we should talk much more about the collective lungs. From Storrington to Swansea, Warrington, Brentford, Bristol and beyond, breathing clean air is a human right for all of us.

But it is for more than just our cities: this is for our country. There could barely be a more fundamental right than breathing clean air, yet millions are denied it daily. It is high time to act, for all of us, so that we can breathe more easily—in short, to clear the air. I ask the Minister just this: will he support the Bill and save our breath?

Common Organisation of the Markets in Agricultural Products (Wine) (Amendment, etc.) Regulations 2021

Lord Holmes of Richmond Excerpts

Thursday 15th April 2021 Grand Committee

[Lord Holmes of Richmond (Con) [V]]

My Lords, it is a pleasure to take part in this debate, and to follow my noble friend Lord Moynihan, who, with eloquence and guile, has taken many of my points: I feel none the worse for being a shadow and an echo of much of what he said. Before that though, I welcome these regulations, straightforward but important and correcting, as my noble friend the Minister said, an error as we transpose legislation as a result of the end of the transition period. I shall focus, very much as my noble friend Lord Moynihan did, on the VI-1 forms.

In no sense do I wish to pre-empt the Minister, but I believe that my noble friend Lord Moynihan very effectively answered his own question: there is no purpose or point to VI-1 forms. Has the Minister had an opportunity to look at the Reducing Friction in International Trade paper that I alerted him to in the autumn of last year? That concerns a digital solution to this problem, a proof of concept for Australia-to-UK wine imports, not just about customs documentation but about all documentation, linking the digital, the legal, the physical, the health and safety and the viniculture all together through various new technologies, not least distributed ledger technologies, IoT and several other elements. What the proof of concept demonstrated was that we can today, if we so choose, have a real-time, effective digital solution to this issue; yes, with EU-UK trade; yes, with all trade.

It may be worth noting that we are not just an importer of fine wine from continental Europe; we have a stunning importer/exporter wine industry at all levels and at all sections of the wine industry. It is a less well-known but fabulous part of the British economy. Indeed, as my noble friend Lord Hannan correctly identified, we have a growing range of fabulous wine producers, not least across the south coast of England, which is set in only one direction, and that is positive and set for growth. Does the Minister agree that we can work together and bring in a digital solution which would be far more effective than just taking into digital means the unnecessary details currently stored on VI-1 bits of paper? Until then, does he agree that not just until 31 December this year, but well beyond, to eternity, we should not have VI-1 forms in our trade with the EU or the world? They have no purpose; they merely leave UK drinkers with an acrid aftertaste in their mouth. If the forms come back, they will leave drinkers having to swallow increased prices and reduced choice. I know that my noble friend the Minister cannot want that. I very much look forward to his response.

[The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)]

As the noble Baroness, Lady McIntosh of Pickering, has withdrawn, I call the noble Baroness, Lady Parminter.

EU Trade and Co-operation Agreement: Fishing Industry

Lord Holmes of Richmond Excerpts

Tuesday 19th January 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, my experience, having been at Fisheries Councils where I have been with the Scottish Fishing Minister—and, indeed, the Welsh and Northern Irish—is the close collaboration that we have with all part of the United Kingdom as we, in this case, work towards a more successful future for fishing. All I can say is that my experience is precisely that: that there is a very close dialogue across the United Kingdom.

[Lord Holmes of Richmond (Con) [V]]

My Lords, I ask my noble friend the Minister what urgent work the Government are undertaking to roll out a digital solution to this largely paper-caused crisis. We have the technology, and it is on public record that the EU is prepared to accept digital certification, not least for capture and other requirements. If it is good enough for other nations, what digital means currently available to us can we put in to unblock the border?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, we will look at all ways to improve the passage of goods from this country to the EU and for a digital solution wherever possible. I understand that there will be requirements for paperwork, but this is a sensible way forward and I am grateful to my noble friend. We should be working on this area, as we all want an improved flow.

Agriculture Bill

Lord Holmes of Richmond Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

Moved by

[Lord Holmes of Richmond]

89A: Clause 35, page 32, line 45, at end insert—
“( ) Regulations under subsection (1) must make provision for the administration of marketing standards of imported wine products, including the digitisation of the information required on Vi-1 forms. ( ) The Secretary of State must—(a) review the need for detailed import certification for wine and consult industry and enforcement bodies as part of this review;(b) should the review under paragraph (a) conclude that specific information about wine imports is needed, not re-introduce any requirement until the information can be exchanged electronically and securely;(c) consult with international partners including the World Wine Trade Group and the International Organisation of Vine and Wine to develop a technologically driven electronic system;(d) determine how any secure electronic system can be included in a wider secure supply chain information system as part of the Government's plans for the 2025 Border Strategy.”Member’s explanatory statement
This amendment makes provision for all regulatory information relating to imported wine products to be permitted in electronic form.

[Lord Holmes of Richmond (Non-Afl)]

My Lords, it is a pleasure to introduce this group of amendments. I will speak mainly to my Amendment 89A, but I also give a positive nod towards the other two amendments in this group, not least the one in the name of my noble friend Lady Neville-Rolfe, which is clear in its intent and its need. I thank all the organisations and individuals who have helped me with this amendment in Committee and on Report, particularly the Wine and Spirit Trade Association, the WSTA.

What would Amendment 89A do? Effectively, it suggests to the Government that, come 1 January next year, it would not be a good idea to voluntarily introduce paper wine import forms. There is no obligation, regulation, nor even any international law that says we need to introduce this documentation. It is, by design, paper-based protectionism. That is not me maligning it; it is protectionist paper by design. The amendment suggests that a more fruitful route for the Government would be to pause and not introduce this paper-based documentation for the importation of wine. Although the amendment is specific to wine importation, in principle it could apply to the import-export business of a range of other sectors of our economy.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I will start with Amendment 89A. Marketing standards establish detailed rules on the quality of agricultural products and the provision of product information to consumers. They are intended to make sure that products offered to consumers are accurately and consistently labelled and of acceptable quality, and that unsatisfactory products are kept off the market. They are overall in the interests of producers, traders and consumers. They encourage high-quality production, improve profitability and transparency and protect consumer interests. At present, certain agricultural products marketed in the EU must conform to marketing standards and associated labelling requirements set out in EU law. The marketing standards apply at all marketing stages, including import and export.

The noble Lord, Lord Holmes, asked why we could not do nothing. We all despise unnecessary bureaucracy, but VI-1 forms are needed until the end of the transition period under the terms of the withdrawal agreement. We will be looking at these rules again at the end of the transition period. I reassure him on digitalisation: the administration of maintaining marketing standards of imported wine products, including the digitalisation of VI-1 forms, is included in the current scope of Clause 35(1). These provisions do not therefore need to be explicitly added into the clause. The scope to replace VI-1 forms with an electronic document is also covered under retained EU law, specifically Article 27 of retained EU delegated regulation 2018/273. Therefore, the purpose of this amendment is already covered. The Government cannot digitalise unilaterally, but it is already an option under retained EU law, and we are looking at introducing it. It is likely that South Africa will be the first partner we seek to do this with at the end of the transition period.

I turn to Amendment 91. Clause 35 will give the Secretary of State the power to make regulations and amend existing EU and domestic legislation concerning marketing standards to ensure that they are tailored to meet the needs of domestic farmers, retailers and consumers. A full review of the marketing standards is going to be undertaken. As part of this, detailed policy thinking, stakeholder engagement and consultations will need to take place. Any changes would be made with the purpose of tailoring the marketing standards to fit the needs of the domestic farming sector.

I can confirm unequivocally that any use of the powers in Clause 35 would be covered by an existing duty to consult. As for the question about the bias towards consultation, I say that the Government’s preference is to consult the public on these matters. We would never rely solely on the views of representative bodies, and we will not bias our consultations towards one group.

Marketing standards are covered by food law, and a duty to consult is contained in Article 9 of regulation 178/2002. This regulation states that

“There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.”


This regulation will become retained EU law via the European Union (Withdrawal) Act 2018.

One of the principles of good law making is not to repeat law which already exists, in order to protect the coherence of the statute book. We are aware that there is an exemption for urgent situations in Article 9 of Regulation 178/2002 and I place on record that there are no plans to make any urgent amendments using the Clause 35 power. Urgent changes would usually be made under food law instead. There are specific regulations which cover food information and safety and there is no future intention to broaden the powers in Clause 35 to cover any such areas.

It is standard procedure that a summary of the responses to a consultation be published on GOV.UK within 12 weeks of it closing. Further to this, any statutory instruments made using the power will also be accompanied by an Explanatory Memorandum and a proportionate analysis or full regulatory impact assessment where the net direct cost to business is above £5 million. The Explanatory Memorandum will include details on the outcome of any consultations which have taken place. A more detailed analysis of the consultation outcome will also be published on the departmental website at the time the statutory instrument is laid before Parliament. The impact assessment will provide the rationale for government intervention, details of all the options considered and the expected cost and benefits, particularly for businesses. Clause 35 is subject to the affirmative procedure. Any statutory instruments which are introduced must be actively approved by both Houses of Parliament. This procedure ensures that Parliament can properly scrutinise the statutory instrument before it comes into force.

Turning to Amendment 92A, I assure the noble and learned Lord, Lord Wallace of Tankerness, that we fully expect all 88 geographical indications from the UK to remain protected in the EU after 31 December this year. I understand the point made by the noble and learned Lord, and the noble Lord, Lord Foulkes, about the relevance of these to the Scottish economy, particularly whisky and smoked salmon. I am not sure I got the reference to potatoes. Geographical indications do not have to originate from EU member states to be protected under the EU’s geographical indications scheme. The EU currently protects products from many non-EU countries such as Japan and China.

If the EU wanted to remove UK geographical indications from its register, it would have to go through the burdensome process of changing its rules. Of course, the Government cannot guarantee what the EU will do, but it has given no indication whatever that it is considering such changes. It would be, in the words of the noble and learned Lord, “capricious” of the EU to try to do so.

If the UK does not secure a new trade agreement with the EU, we will, under the withdrawal agreement, continue to protect EU GIs in the UK. There would therefore be no incentive for the EU not to reciprocate. The noble and learned Lord, Lord Wallace, and the noble Lord, Lord Foulkes, asked me to be more specific on that point. I cannot, because we are in the process of negotiating these issues. The UK is definitely not seeking to loosen its GI rules. GIs are very important to the UK and the Government will establish robust GI schemes at the end of the transition period. All UK GIs will continue to be protected in the UK from 1 January 2021. The Government’s objective in trade negotiations with the EU will be to secure the best outcome for UK GIs and, obviously, the UK economy as a whole.

I hope that I have given enough reassurance, and that the noble Lord, Lord Holmes of Richmond, will feel able to withdraw his amendment.

[Lord Holmes of Richmond (Non-Afl)]

My Lords, I thank all noble Lords who have participated in the debate on these three amendments, particularly the noble Lord, Lord Foulkes of Cumnock, our own little Ayrshire parliamentary potato. I thank the Minister for her thorough and thoughtful response to all the amendments. I am sure that, like me, noble Lords are extremely grateful for the time and thought she put into the detail of her response. There are a number of issues that I would like to pursue between now and Third Reading but at this stage, I beg leave to withdraw the amendment.

Amendment 89A withdrawn.

Agriculture Bill

Lord Holmes of Richmond Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

Moved by

[Lord Holmes of Richmond]

44A: Clause 16, page 12, line 44, at end insert—
“( ) amending Annex IV of the Regulation (indicative list) to cover broadband connectivity and digital literacy.”

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to move Amendment 44A. In doing so, I thank my noble friend Lady McIntosh of Pickering for her support. The amendment is incredibly straight- forward. It would enable farmers and all those in our rural communities to have the broadband connectivity and digital skills to operate confidently in that space.

As we have seen through the Covid crisis, our farmers have been on the front line in so many ways, filling in for long supply chains that should, in many ways, probably not have been that length in the first place. Our farmers have absolutely stepped up. Although they have been on the front line, they have often found it impossible to be online. The National Farmers Union broadband survey last year showed that 15% of those in our rural communities had no indoor broadband connectivity at all, and a shocking 36% could say they had only adequate broadband cover.

As we have also seen through the Covid crisis, it is not just the economic imperative to be online; there is a social and psychological dimension. Not only have our farmers not been able to run their businesses efficiently and effectively, the social dimension of keeping in contact with friends and family, and the psychological difficulties often felt with the remoteness of rural communities, have been brought home only too strongly through the Covid crisis.

Amendment 44A would put an end to this parlous position when it comes to broadband, digital connectivity and digital literacy. Earlier this year, in response to the EFRA Select Committee inquiry on broadband conductivity, the Government said that they had in principle put £5 billion in and would look at a shared rural broadband network. It was talked of in principle and intention. How do the Government intend to put that into will?

It is not just good soil and good farm management that produce our fabulous food, fruit and horticulture products but having high-speed broadband and the confidence and digital skills to operate in cyberspace as much as across the fields of the United Kingdom. We must demonstrate that we are all in this together. That means providing a level of broadband and digital literacy for all our farmers and all those in our rural communities. Does my noble friend the Minister agree? If the Government are not up for supporting the amendment, will she say how they intend to get the best out of all our rural communities, not least our farmers, to deliver on the levelling-up agenda and to drive economic, social and psychological benefits for our farmers and all those across our rural communities? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to support Amendment 44A and I thank my noble friend Lord Holmes of Richmond for tabling it. I pay tribute to his expertise, knowledge and sheer perseverance in this area. It gives me the opportunity to draw further attention to how woeful broadband and wi-fi connections are in many parts of rural England because places are simply too far—more than a mile—from the local box.

Also, many will not appreciate the issue with the mobile phone signal. I look directly at the Woolsack; I am sure this problem is not unfamiliar in Scotland. In the summer in parts of North Yorkshire where the red phone boxes have been removed it is inherently dangerous if you do not have access to a landline. It is incredibly important that we should have a good mobile phone service. I had hoped we would be able to piggyback on the police service, but apparently we are not able to do that for security reasons. North Yorkshire Police made a massive investment to make sure they could apprehend criminals by getting reinforcements where that was the case.

I take this opportunity to bring to my noble friend the Minister’s attention how in many areas of the dales and the moorlands of the north of England there is both poor mobile phone conductivity and woeful broadband—it is persistently bad. I welcome the amendment and the extra spending the Government have announced to be spent in areas such as North Yorkshire, recognising that this is the case.

We went into the last election and the previous one with a commitment to a universal service of “x megabytes by x date”. That date keeps moving. Can I press my noble friend on what date we will have universal service and on whether the additional funds that the Government can find can be spent on the 3% of the population who are hardest to reach? It grieves me greatly to be told that 97% of the population will have universal access to broadband but not the 3% of us who happen to live in rural areas. I want to ensure that we can reverse the priorities and spend the additional money, and any other money that is available, in these hardest-to-reach areas.

As my noble friend Lord Holmes set out, it is an unacceptable situation that, in the 21st century, children who are sent home from school because one of their class has Covid-19, and who are diligently trying to do their work at home, prevent farmers going online to fill in forms. I hope that the Minister uses her good offices to correct that situation.

--- Later in debate ---

[The Deputy Speaker (The Earl of Kinnoull) (Non-Afl)]

I have received no requests for further short questions. Accordingly, I call the noble Lord, Lord Holmes of Richmond.

[Lord Holmes of Richmond (Non-Afl) [V]]

I thank the Minister for her full and thorough response, and all noble Lords who have taken part in this short debate. All I would add at this stage is that the Minister consider further whether there is anything in this space which could be considered for Third Reading. The Agriculture Bill provides a real opportunity to focus on such an important bedrock—as important as the soil will be the fibre which enables food to grow, economic development and the social and psychological well-being for farmers all across our rural communities. So I urge her to consider whether there is anything that can be brought at Third Reading. Also, will she consider convening a round table with colleagues from DCMS to see whether there are any further specific support ideas that can be deployed in this space? I once again thank noble Lords who participated and the Minister for her full response, and I beg leave to withdraw the amendment.

Amendment 44A withdrawn.

Agriculture Bill

Lord Holmes of Richmond Excerpts

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

[Baroness Quin (Lab) [V]]

My Lords, as this is the last time that I expect to speak in this Committee stage, I add my thanks to the Minister, the noble Lord, Lord Gardiner, and his colleague, the noble Baroness, Lady Bloomfield. I also thank Front-Bench spokespersons for all their work in scrutinising and speaking to all the aspects of this very wide-ranging Bill. I express my thanks, too, to all the staff of the House who have been involved in organising and arranging these marathon proceedings.

The issues raised in these amendments are of huge public and parliamentary concern. They focus on the importance of having high standards in our food and agricultural production, and of ensuring that our producers are not forced to compete on unfair terms. Indeed, many have spoken in favour of a level playing field for our producers, and I agree with those comments. However, it seems highly ironic that we are having this discussion when the Government seem intent on ignoring the political declaration which they signed with the European Union as part of the withdrawal agreement and reneging on the commitment in that declaration to have a future relationship with the EU containing robust commitments to ensure a level playing field.

In that respect, I agree strongly with my noble friend Lord Hain, who expressed concerns about the state of the current negotiations with the EU, which are so vital not only for our agricultural sector but for our economy as a whole. I welcome the establishment of the Trade and Agriculture Commission, but I share the concerns and views expressed about it by the noble Lord, Lord Curry of Kirkharle.

Finally, I add my strong support for Amendment 280, so powerfully spoken to by the noble Lords, Lord Bruce and Lord Wigley. I had intended to add my name to this amendment, and I apologise to both noble Lords for not having done so before the available time had expired. As someone who lives close to an upland sheep-farming area in the north of England, I associate myself fully with their remarks.

It is not an exaggeration to say that the prospect of either no deal with the EU or a poor deal that would not allow a continuation of the current frictionless trade is causing great fear and alarm among farmers in the rural areas that I know best. Indeed, their work and way of life are seen as being under threat as a result. Therefore, in conclusion, I hope that the Minister will assure us that the Government are determined to safeguard European Union access for these important sectors, particularly as the negotiations with the EU enter a crucial stage.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, I congratulate my noble friends the Minister and Lady Bloomfield on their fortitude, stamina and good humour throughout all six—getting on for six and a half—days of Committee on this Bill. I thank all the House staff and all those in the broadcasting unit who have done such an excellent job in keeping our Committee stage covered.

If the Minister is tempted to move in this area, he has an embarrassment of riches. The majority of amendments in this group are really variations on a theme and push the same points. Is he tempted to bring forward a government amendment on these issues on Report, or does he believe that the Bill as currently drafted, and indeed wider government policy, take the issues set out in the amendment into account? If he were minded to move an amendment on Report, he could probably do no better than move the one tabled by our right honourable friend—his boss—the Secretary of State. Perhaps akin to when on the golf course always letting the boss have the winning putt, if he were to go back to the department and suggest an amendment to that effect, that would be quite a neat piece of parliamentary business, in that the Secretary of State could oversee a Bill on which he brought forward an amendment that he had tabled as a Back-Bench Member.

Agriculture Bill

Lord Holmes of Richmond Excerpts

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

If, as a result of a land-use strategy, there were to be multiple applications for housing development on what had been farming land, which had become available because of retirement or on other occasions, planning authorities would bless the day that they had a land-use strategy as part of their statutory obligations. Some of these issues will, of course, be resolved by a constructive approach to land banks. I know that that is not part of our considerations and that we have been promised details of a policy document in due course, but I just want to say, from some professional experience, that if we can find a way of using land that is currently banked, the pressure on the countryside will be very much reduced.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is always a pleasure to follow my friend, the noble Lord, Lord Campbell of Pittenweem. He has a barrister’s brain and an Olympian’s frame. Mark Twain said, “Buy land, they aren’t making it any more”. Although he did not see the Dutch project of polderisation, he certainly had a point, which goes to the essence of the amendments in this group. What has connected every speaker so far is a simple point of coherence. It makes coherent sense to have a land-use strategy. Anything else would inevitably mean competing interests, with land often going to the highest bidder or the largest voice. I support, in particular, the comments of my noble friend Lord Caithness, and, in essence, I support the amendments in this group.

[Lord Cameron of Dillington (CB) [V]]

My Lords, I shall speak to Amendment 227, in the name of the noble Baroness, Lady Young. England—not Britain, but England—is the fifth most densely populated country in the world, from a list that includes the city state of Singapore. The south-east of England, with London at its commuter heart, is obviously very crowded, but so too are the Midlands. For instance, the Peak District National Park has 21 million people within an hour’s drive of it. That is a staggering number of human beings.

The second fact to note is that, as Bill Bryson once said, the unique feature of the English countryside is that its citizens love it to death. We all feel it belongs to us. Furthermore, most of us want to live in it and to have a home there. A survey in the 1990s showed that more than 80% of those living in southern England wanted to live in the countryside, where less than 20% currently live, so there are immense pressures on our countryside, even before we start to plan our nation’s food production. There are demands for leisure, housing, transport, energy, forestry and business property, as well as our obligations in relation to biodiversity, landscape and climate change.

How do we deal with all these pressures? At the moment, the way our countryside produces all those services and goods is a matter of haphazard chance. There are, of course, myriad strategic and neighbourhood plans, guided by the national planning policy framework, but there is a difference between what people need to get planning permission for and how we actually want to use the land on the ground.

At the moment, most of the usage is dictated by the marketplace and responded to—admirably, in a way—by a new generation of young, entrepreneurial landowners and others who look for whatever possible use the land might be suitable for. But we have already decided in this Bill that the marketplace cannot and should not drive all land usage. With the powers in the Bill, the state is going to step in with large amounts of money—£3 billion per annum is promised—to buy land uses that the market does not cater for.

This brings us to the question of what we should use our land for, and where. The answer may be that we need a plan, or rather a framework or frameworks, possibly at different levels—we possibly need a national framework and a regional framework. Personally, I would avoid local frameworks as I fear they might encourage too much nimbyism, which could destroy the innovation we so badly need for our future land use. The one thing we do not need, of course, is a Soviet-style plan that knocks local enterprise on the head.

Although I think a land use strategy is a good and useful idea, I strongly support the noble Earl, Lord Caithness, in his wish to have a one-off Select Committee in this House to really examine how best we could set up and implement such a land use strategy. There are now many new variables to go into the mix, including the need to plant more trees to absorb CO₂, maybe the need for more domestic tourism venues now that overseas travel has taken such a hit, and maybe even the imminent arrival of lab-produced meat and milk, which could dramatically change our farming landscape and what we want from our land. I strongly believe that this is just the sort of issue that a Lords Select Committee could get its teeth into to produce an illuminating and compelling message for government.

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[Baroness Worthington (CB) [V]]

My Lords, I want to speak briefly in support of this group of amendments. I would have added my name to Amendment 297 had I got there in time. A key feature mentioned by a number of noble Lords is that the shift towards a system of payments for public goods will remove a layer of regulatory protection from our countryside that we must address. We must ensure that a strong regulatory floor is created so that people can be rewarded for doing additional good work for the countryside. If we shift to a world with no regulatory standards so that everything is expected to be paid for, we will find a huge pressure on the public purse and we will see the potential for backsliding from the standards that we enjoy today.

I particularly wanted to add my name to Amendment 297. Although it appears to be technical in nature, it is an important and significant one in terms of protecting the current standards from the climate change perspective. The amendment would do two things—I am sure that the noble Baroness, Lady Jones, will articulate this far better than I when she speaks. It would introduce a requirement for environmental permitting to cover the keeping of livestock in intensive fashion. It would add beef and dairy and outdoor pig farms to the environmental permitting process. Adding intensive farming facilities, which can be very significant sources of methane and ammonia emissions, to environmental permitting would ensure that we do not waste public money on reducing those sources of pollution if we can continue to use the existing regulatory standards that do the job for us.

Amendment 297 would also reintroduce a requirement that would be lost through the loss of cross-compliance on farmers to take reasonable steps to maintain soil cover and to limit the loss of soil through wind erosion. These again are sensible standards that we would expect farmers to abide by in order to preserve our soil stock. Soil is a vital element of a healthy, functioning farming system and of our countryside. I will leave my comments there, but I am grateful to make a short contribution to this debate. It is hugely important to ensure that we do not allow any loss of regulatory standards as we shift to the new regime.

[Lord Holmes of Richmond [V]]

My Lords, I speak in support of the amendments in the name of my noble friend Lord Randall of Uxbridge. Dr Pangloss found the hedge a perfect place for him to do his experimentation. Hedges and ponds are not only items of beauty for our countryside; they are the bedrock above the ground of the countryside. There is no negative impact, except for pursuit of profit, to getting behind these two amendments. In support of them, I ask my noble friend whether the Government will support them; we would not then have to be Panglossian in that respect.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, I speak briefly in support of Amendment 230, in the name of the noble Lord, Lord Randall of Uxbridge. Hedgerows are much more than boundaries and a way to manage animals, as a recent story in my local newspaper, the Halesowen News, illustrated. Local residents in Halesowen were furious when the council “butchered” their local hedgerows. The residents recognised that the hedgerow blocked noise and reduced pollution and they also welcomed the fact that it provided a habitat for many species of wildlife, including nesting birds and small mammals such as hedgehogs, and contained many flowers and fruits essential for the bees.

Hedgerows are an essential component of the local agri-eco system; that is why Amendment 230 is so important in making sure that we continue to give hedgerows the protections that they need. They also play a vital role in reducing the rate of climate change through carbon storage, they regulate the water supply for crops and reduce soil erosion. Animal health can also be improved by hedgerows: a thick stock-proof hedge can prove a barrier to the spread of disease and can provide shade and shelter and reduce wind speeds. Recent research has shown, for example, that lamb survival rates are increased by hedgerows reducing the chilling effect of the wind.

Where there are gaps in the law after we leave the EU, we should take the opportunity through this Bill to ensure that they are filled. Amendment 230 makes sure that hedgerows are not overlooked by the Bill. We cannot let some areas of nature be overlooked, and I hope that the Government will accept this amendment. If the noble Lord, Lord Gardiner of Kimble, cannot accept it, can he set out in some detail for the Committee how the protection that this amendment seeks to put in force will be delivered?

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[Baroness Jones of Moulsecoomb [V]]

My Lords, I will speak to Amendments 248, 250, 251, 252, 254 and 266 in my name, some of which are supported by my noble friend Lord Holmes. I will speak also to Amendment 256 in the name of the noble Baroness, Lady McIntosh of Pickering.

Agricultural products, especially animal products, should all be raised to and maintained at the highest possible standards. While the Government prefer to leave so much to consumer choice, good and informative product labelling on foods is absolutely essential. People deserve to have reliable information about the food they are eating that is rigorously tested and independently verified, and there should also be appropriate fines for misleading labelling.

Too much greenwashing and misleading information is put out by big companies and trade bodies, which trick consumers into thinking that things are healthier, happier or fairer than they actually are. This needs to be sorted out so that truly great producers thrive without false competition.

[Lord Holmes of Richmond [V]]

My Lords, I will speak to Amendments 250, 251 and 252 in the name of the noble Baroness, Lady Jones of Moulsecoomb, and Amendment 253 in my name.

As the noble Baroness said, there is tremendous and as yet largely untapped potential in labelling, not least in the use of QR codes. With technological advances, such codes contain so much information and have such positive uses for producers, consumers and indeed everybody in the chain. This takes me to the purpose behind my Amendment 253. It is in the marketing section of the Bill but is about more than that. It is about what we can do in agriculture and horticulture for all the products in this Bill, and speaks to products way beyond it in terms of the digital opportunity to drive efficiency and information for all in the chain.

When I speak of digitisation, I do not mean what is all too often the case, where a form gets put on to a database and that is called a digital transformation. That is doing nothing different; it is merely taking something on paper and putting it into electronic form. We need to consider what data is required, whether on welfare, provenance, ingredients, or the type of soil where the product was grown. What do we need, how can we then best collect it and at what stage of the production or supply chain can it be best provided?

Amendment 253 relates specifically to VI-1 forms for wine products to give a specific example but also to underscore the point that this is about all agricultural and horticultural produce. Indeed, it is about all goods and services. It could not have more resonance for the autumn and winter that we are about to go into. Currently, wines coming into the UK from Europe do not have to go through the VI-1 process or have lab tests. Given that 55% of the wine coming into this country comes from Europe, come 1 January, this is absolutely what will be required.

I am grateful for the background notes from the Wine and Spirit Trade Association, which makes these points extremely clearly. It should be noted that the British wine trade is worth some £19 billion and provides 130,000 jobs. In fact, wine is the UK’s sixth-biggest export in the food and drink classification. We are a world hub for wine import and export. With this amendment, rather than just going for a form that would impose extreme levels of friction on the process, we have the opportunity for a digital solution: digital passports for wine coming into the country, leaving it and going anywhere in the world.

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[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

I have received one request to speak after the Minister. I call Lord Holmes of Richmond.

[Lord Holmes of Richmond [V]]

My Lords, I have two quick points for clarification, if I may. First, could the Minister confirm from the Dispatch Box that GI schemes have not already been wittingly or unwittingly traded away in the EU deal? Secondly, on the VI-1 forms, it seemed to me that he was saying that we will not be looking to impose a VI-1 paper-based regime come 31 December. Is it right that we will not be seeking to have such a scheme when we leave?

[Lord Gardiner of Kimble]

My Lords, I have been very clear that the Government are determined to work in support of all the 88 geographical indications from the UK, which will remain protected after the end of the transition period. I will have to let my noble friend know about VI-1 forms, but there is scope to replace them and that is covered under retained EU law. I am afraid I do not know the timing of that matter.

Agriculture Bill

Lord Holmes of Richmond Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Lord Clark of Windermere (Lab) [V]]

My Lords, this has been a particularly thoughtful debate, as it should be, because underlying the whole series of amendments being advanced is the recognition that this is, first, a major change in how we approach support for our land and our farming. Coupled with that is concern about how we bring about the change, and concern that the period allowed to bring it about is not flexible enough and may not be of the right length. Various proposals have been argued very eloquently that perhaps it should be a bit shorter—five years instead of seven. I favour a seven-year period, because the challenge is so great that we will not be able to tackle it. There are so many changes, not only in our approach—public money for public goods, instead of just production costs—but against a changing background as it is. I do not think many of us fully appreciate the changes taking place in agriculture at the moment.

I have a particular interest in the uplands and hill farming, but one cannot look at hill farming without looking at the low-level farming that depends on, feeds on and feeds from the upland areas. One has only to drive in the national park, for example, and once one gets on to the low-level farming, there are no longer any cattle, mixed farming or dairy farming: all the sheep are down on the low level 12 months a year, and that is causing problems in itself. So there is the unstable nature of farming to start with, and we then wrestle with the problem of how we make sure that the various aspects of the new legislation are tied together. Is Defra capable of handling such a major change when it is also dealing with Brexit and will face the challenge of pressure from the Treasury, in spite of what the Government may say? Then, from my experience of running the Cabinet Office, I am concerned about the ability of the Government, or any public body, to run major computer programmes. We are not always able to employ the best people, we do not have the experience, yet we take so much for granted when we look at these proposals.

I must admit that when I look at the ideas, I think Amendment 146, in the name of my noble friend Lord Grantchester, has some suggestions of a way forward. It suggests a slightly later start date—2022—coupled with some flexibility if we find that even that is too early. It even goes so far as to say that if we find that the seven-year period is not correct, it can be changed by affirmative resolution. I am not sure that I entirely agree with that, but I could be persuaded in an emergency that it is the way forward.

We are right to spend so much time debating this. Unless we get it right, the whole thing will be a disaster and there will be tears of woe, not only from the farming community but from foresters, environmentalists and a whole range of people who love our countryside.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, this has been a very interesting, thoughtful debate and I associate myself with many of the comments, not least those of the noble Earl, Lord Devon. In normal circumstances, I would agree wholeheartedly with my noble friend, Lord Blencathra, about not extending a deadline, because projects will simply extend to fill the space provided, but we are in extraordinary times, not just because of Covid but because, for the last four years, Defra and much of Whitehall have been able to focus only on one piece of wildlife, that being Yellowhammer.

Yesterday was Report on the Business and Planning Bill. In our deliberations, it became clear that emergency legislation needs to be passed in various situations and circumstances which will run to September 2021. In light of that, it seems logical and coherent across government policy that a move regarding the start of the transition period, from 2021 to 2022, would dovetail very much with that same legislative logic. Does my noble friend the Minister agree?

I also very much support the amendment in the name of my noble friend the Duke of Wellington. If legislation means anything, it must mean that it touches on those in the greatest need. I believe that my noble friend’s amendment very much goes to the point of covering those who fundamentally understand and deliver on stewardship, guardianship, public good and, indeed, equity. Does my noble friend the Minister agree?

Finally, will my noble friend the Minister comment on the current situation with the IT system within Defra? What is proposed for the new scheme, and is this set in stone or are discussions still afoot as to exactly how to structure the scheme from an IT perspective?

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Holmes of Richmond, in particular because I too support Amendment 149. In these proceedings we are encouraged and even exhorted to be brief, and I hope I can meet that expectation, first by adopting all the observations made by the noble Duke, the Duke of Wellington, and my noble friend Lord Greaves.

Some of your Lordships may remember that at an earlier stage in these proceedings I sought to make a case for the recognition of support for small farms in less favoured areas. I do so again today unequivocally because in my judgment, such support is not only desirable but necessary. It is necessary to ensure the survival of viable businesses, it helps avoid the risk of land abandonment, and it ensures that land continues to be put to good agricultural use, in addition to which it combats depopulation. I would describe all these as public goods. However, they are public goods which have benevolent consequences, because support of that kind and the continuation of agricultural activity in such areas helps preserve communities and support social infrastructure, such as schools, post offices and medical services. I hope therefore that when the Minister comes to address us he will provide an explanation as to why these desirable objectives and outcomes do not find favour with the Government.

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[Baroness McIntosh of Pickering]

My Lords, I oppose Clause 16 standing part of the Bill. This follows on neatly from the comments of the noble Earl, Lord Devon, and the noble Lord, Lord Cameron, with whom I have the pleasure to serve on the EU Environment Sub-Committee.

The original purposes of the rural development fund have made a great change to the countryside, improving the quality of life and economic well-being especially of those living in rural areas that are particularly isolated and sparsely populated, such as where I grew up—Teesdale in County Durham—and also the areas that I had the pleasure and privilege to represent in the other place: deeply rural parts of North Yorkshire.

The policy statement that was published in February this year says of the Rural Development Programme for England for 2014 to 2020:

“This £3.5 billion programme will continue to include support for rural businesses to expand and create new jobs and for farmers and growers to buy innovative new equipment.”


This is under the “Preserving our rural resilience” heading, and it goes to the heart of what is perhaps another gap.

I ask my noble friend the Minister, in summing up, to show that this gap will be closed in the current aims of the Rural Development Programme—which have so well served rural communities—and to show how this voyage into the unknown of the UK shared prosperity fund will actually work in the interests of rural areas. Therefore, my question to the Minister is: how will Clause 16 build on this and how will necessarily limited funds continue to be used for these socioeconomic purposes that have served rural communities so well?

[Lord Holmes of Richmond [V]]

My Lords, it is a pleasure to follow my noble friend Lady McIntosh of Pickering. I also support a number—in fact, the majority —of the comments made by the noble Lord, Lord Cameron. Amendment 157 is in my name and I thank noble Lords who have offered their support for it, and the noble Lord, Lord Clement-Jones, who has also put his name to it.

The farmers—those in our rural communities bringing in the crops and so on—have been on the front line throughout the Covid crisis and they deserve our thanks and an enduring debt of gratitude. In the Agriculture Bill in front of us, we have the opportunity to repay some of that debt, and part of this is what Amendment 157 is all about. Inputting high-speed, reliable and capacity-led broadband and the digital skills with which to competently and comfortably operate online seems to be essential to farmers and all those in our rural communities, to enable them to have optimal business, professional and personal lives.

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[The Deputy Chairman of Committees]

I have received one further request to speak after the Minister. I call the noble Lord, Lord Holmes of Richmond.

[Lord Holmes of Richmond [V]]

My Lords, I thank my noble friend for his response to my Amendment 157. He referred to the £5 billion which was set in principle as a response from the Government to the Environment, Food and Rural Affairs Committee report. Can he tell the House what the pathway is for that in-principle commitment to be rolled out and an on-the-ground practical reality?

[Lord Gardiner of Kimble]

As I say, the purpose of trying to start with an outside-in approach is precisely to ensure that rural areas and farms are connected—very often the village is connected but the outlying farms are not. That is where we want to ensure, in working with this £5 billion and the £200 million rural gigabit connectivity programme, that these are absolutely geared to ensure that rural areas are not left behind. I am most grateful to my noble friend for raising the matter.

Agriculture Bill

Lord Holmes of Richmond Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

I have noticed particularly in the last few years that thousands of trees, as in the Lake District National Park, are being chopped down: people buy a house and then they chop the trees down—not even in their own garden but on associated land—to improve the view. That is wrong. It is defeating the object of what we are trying to do. I am not asking the Government to do anything today, but will the Minister discuss the problem with the Forestry Commission and local authorities to see whether that legislation needs to be applied more rigorously?

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, I venture to say that the amendments in this group can be summed up as: what purpose profit if there is no habitable planet to spend it on? What purpose fine produce if there is no habitable planet on which to enjoy it? Does the Minister agree that the potential to achieve net zero will completely depend on the combination of talent and technology? I thank the NFU for all the work it has done in this area; it is ahead of a number of curves in this respect. Does the Minister recognise the need for far greater consideration of and investment in all the elements of 4IR, not least distributed ledger technology and robotics? If we are to achieve the purposes set out in these amendments—or indeed the overall governmental purpose—we need to accept and be proud that nuclear will be part of that mix. Would the Minister care to say something on the investment potential, not just for small modular reactors to assist in this but in the race for nuclear fusion? This could enable such innovation, not just in agriculture but across the economy. I will be very interested to hear the Minister’s comments.

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

For the benefit of Members tuning in remotely, it might be helpful to know that the Minister responding will be the noble Baroness, Lady Bloomfield. I call the next speaker, the noble Lord, Lord Foulkes of Cumnock.

Agriculture Bill

Lord Holmes of Richmond Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, who, as I think he promised, always has more than an ounce of common sense in what he has to say. I will talk a little about Amendment 75, which I am quite fascinated by. Although it has been rather dismissed already, if you analyse its possible consequences, they are both effectively public goods.

The amendment intends that financial support should go to farms that grow fruit and vegetables that are available, affordable and of good quality. That is certainly a public good, not least because it would contribute to food security. However, to follow the point made by the noble Baroness, Lady Kennedy, the more fruit and vegetables we grow, the more likely they are to be consumed. That goes right to the point about better health outcomes. Obesity and diabetes have just been mentioned.

There is also no question that too many people live in poverty in this country. Poor people have poor diets, poor health, poor life expectancy and poorer resistance. If, as a consequence of supporting food security, we are in a position to have an influence on that problem, this can reasonably be described as two public goods.

I looked up a statistic just before the debate started. Some 26% of children in this country live in absolute poverty. The consequences for their diet are obvious. If we encourage farmers to produce more fruit, vegetables and pulses, as this amendment suggests, we have a chance to have a much greater influence on the lives of these children. At first blush, it looked as though financial support had been drawn in the amendment simply for better health outcomes, but it could have a very considerable impact on farming and food security.

Finally, I adopt without question the very powerful arguments advanced by my noble friend Lord Bruce of Bennachie. He asked a number of questions that I hope the Minister will be in a position to answer.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to speak to this group of amendments and this is another excellent opportunity to thank our farmers and front-line food producers for everything they do every day, not least during the Covid crisis. We owe them an enduring debt of gratitude. Through the correct deployment of this Bill, we have the means to swiftly repay the debt for the service they have given their local communities and the nation.

I congratulate the noble Lord, Lord Krebs, and all other noble Lords who served on the Select Committee, which produced a report with the excellent title Hungry for Change. Has my noble friend the Minister had a chance to reflect on the report and digest some of the recommendations set out therein?

It is a pleasure to hear the noble Lord, Lord Rooker, back in the Chamber, I grew up just down the road from the constituency that he served for many years. I learned a lot and always enjoyed listening to him when he was regularly on “Midlands Today”. I take his point about the use of agricultural land for non-agricultural purposes. I gently guide him towards Amendment 235, which is in my name and due to be debated on Thursday —for that, read “probably Thursday week”. I would be delighted if he would see his way to supporting that amendment, as it very much speaks to what he covered.