Hunting Trophies (Import Prohibition) Bill

Lord Lucas Excerpts

Committee stage
Tuesday 12th September 2023 Lords Chamber

[The Earl of Erroll (CB)]

My Lords, funnily enough, that is a very good note on which to start. I will come to the specific amendment in half a second. But one of the things people do not realise is that the whole thing about trophy hunting—by the way, I do not go in for it at all, but I know something about herd management from deer in Scotland; not that I manage myself, but I know people who do—is that you do not want to shoot a young male coming along because it has a magnificent pelt. You want it to develop into a full-blooded animal, and when it is just past its prime that is when you cull it, for exactly that reason: the dynamics of the crotchety old male which is causing disruption. The noble Lord is absolutely right. If you are managing the whole thing properly to improve whatever it is people wish to hunt, it will be done in a much better and more sustainable way for nature as well.

It comes back to what the noble Lord, Lord Mancroft, said. The essential message is financial incentive. This is what I got from the delegates from Africa who came over, whom I also met. They want to be able to manage these things in order to get the funding, and incentive and local buy-in from the low-level population to support this in order to get the conservation side right. That is the trouble: it is all very well pouring aid in from the top, but sometimes it does not get anywhere near the bottom. It is much better to have stuff coming in to give the ordinary people on the ground an incentive to try to work in an environmental and conservation way. The objective is to conserve properly: you get your herd profiles right and then you do some hunting.

The reason this amendment is so important is that it is about the unintended and perverse consequences. The Bill says that you cannot import trophies

“on behalf of the hunter”,

meaning the person who killed the thing. If you think about it, if you are managing a herd, you will have deaths at all age profiles in the herd, and people are going to hunt for meat. Many of the animals that have been taken out for meat will have horns and other bits that are useful for creating mementos for tourists. I should love some reassurance that this is not banning the production of tourist mementos which are not trophies—they are not the thing that the person paid a fortune to go to kill, but what you might call by-products of the results of it. I am afraid you will have culling going on in the herd, and there will also be animals that die, so why cannot their body parts be made useful, for greater sustainable use?

These are not plastics, poisoning the planet; they are naturally produced things. It will be much better to make all sorts of products and ornamental things from them than from fossil fuels. If one of the unintended consequences of the Bill is that it prevents all use of all animal body parts, it really should be examined again. We are just wasting a whole natural resource there, and I am a great believer that we should be using natural products, not artificially produced plastic products, which are killing the planet.

The main thing is that we have to get the financial incentives in the right place, to incentivise at the bottom level, and we also need to use all the animal stuff. This great fiction that people just go out to shoot a few trophies and that these will be animals in their prime is not really how it should work.

[Lord Lucas (Con)]

My Lords, I can see that this could be a very constructive Bill, particularly if we got back to our manifesto promises—to refer to what the noble Baroness, Lady Bennett, said. The manifesto pledge was to ban imports from trophy hunting of endangered animals and, when we come to my Amendment 4, that is something I will enlarge on. This Bill goes a great deal further than that and, in doing so, as my noble friend Lord Swire said, it starts to create a very inappropriate relationship with the Governments of countries where trophy hunting takes place. We ought to be working with these countries to help them conserve the wildlife which they have—and which we would be terrified to have.

We in this country cannot even contemplate the return of the lynx, never mind the wolf. As for bears, certainly not, although they used to live here—never, not allowed. The pigs that escaped in the great storm are relentlessly persecuted. We have no concept of what we are asking these people to do in living alongside elephants, hippopotamus and rhinoceros, let alone lions and the other big predators. We should have such respect for and understanding of them, and we should be working really closely with them to enable that symbiosis to continue. If they are telling us that trophy hunting is part of that, we can ask them how they can grow through this and go beyond that, as well as offer real support in getting photographic tourism going and working on how we bring that idea back to the UK—not that it is the easiest, when we are all being told that we cannot fly any more. It ought to be a process where we are working closely with African Governments, not having them come here to protest what we are doing. This ought to be a process we are in together.

[Lord Bellingham (Con)]

Would my noble friend reflect on one specific point around all this? When we started out on this Bill, all those months ago, I do not think any of us believed for one moment that the importation into this country of, I think, two lions’ heads a year and 115 trophies a year would give rise to so much interest and concern from those countries in southern Africa that he mentions. Surely now they have made their point so clearly and powerfully, we should really take that on board, and therefore consider the amendments they support to improve the Bill.

[Lord Lucas (Con)]

I would have thought so.

We need to be rational about conservation. Conservation often involves killing. It is one of the reasons why the RSPB is not as successful as it should be in preserving wildlife; it is not good at controlling predators. Humans create predators—foxes live in towns, and the number of crows is enormously increased as a result of human activity. Together, they make wildlife extremely difficult to maintain, unless you do something about the predators.

We should understand that our nature as hunters and the role that we have taken on as the top predator carry with them responsibilities. In looking at what is going on in a community in Africa with a lot of wildlife, if we do not collaborate in providing it with income—something that makes that symbiosis profitable for them—that community will choose a different balance. That balance will be the balance we have chosen for ourselves here: “Let’s not have anything that causes us inconvenience”. We here are the example of what we wish Africa to become, as symbolised in this Bill. We want wildlife eliminated, or at least restrained only to parks, and not part of people’s lives.

We should revise our thinking on this and, as my noble friend says, go back to our friends in Africa, work out how we can do this well and support what they are doing. If that involves trophy hunting, and that results in good conservation, that is something we should support for as long as it is necessary—though I have not, and never hope to, taken part in it myself.

--- Later in debate ---

Moved by

[Lord Lucas]

4: Clause 1, page 1, line 3, leave out “an animal” and insert “a species classed as threatened on the International Union for Conservation of Nature’s Red List”

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, in search of this rather elusive rapprochement which my noble friend on the Front Bench referred to, I suggest that we bring the scope of this Bill closer to what was in our manifesto —endangered species—broadening it slightly to “threatened” species, since that was mentioned when this Private Member’s Bill was launched. These definitions belong to the International Union for Conservation of Nature’s red list, which has nine categories, with “threatened”, “endangered” and “critically endangered” being the top three.

If we covered these species only, we would fulfil what we said we would do in our manifesto, would do what the proposer of this Bill said in another place that it was intended to do, and would avoid the huge burden of it covering the enormous variety of species that it does, with the administrative difficulties that would result. As a way forward, to fulfil our commitments and produce something effective and sensible, I urge this amendment on my noble friend. I beg to move.

[Lord Bellingham (Con)]

My Lords, I compliment my noble friend on his amendment, which has the great benefit of substantial simplicity and great logic behind it. I urge the Minister to look at it. This may be the compromise that we are looking for and could come back to on Report.

Everyone agrees that we are very concerned about endangered species; no one can say for one moment that they are not. However, under the very wide drafting of this Bill, less than 4% of the species it covers are trophy hunted anywhere in the world. I do not know whether noble Lords knew that. Only 1% of species covered by it have been imported to the UK since 2000. Some 79% of hunting trophies are from species that are stable, increasing and abundant, which is quite a compelling figure.

As I pointed out earlier, on average two trophies of wild lions and 115 trophies in all are imported into the UK every year. We are talking about a very specialist, niche issue here, yet we have all those unintended consequences, which I shall talk about at a later stage—maybe if my noble friend Lord Mancroft’s amendment is reached later this evening or on another occasion, and certainly on Report.

--- Later in debate ---

[Lord Benyon (Con)]

We are seeking to implement the manifesto commitment.

[Lord Lucas (Con)]

My Lords, I am naturally disappointed in that, but I shall not give up during the course of rest of this Committee trying to find other ways in which we might reach a compromise and a way forward.

I reassure my noble friend Lady Fookes that I view these amendments as alternatives—different ways of dealing with what I regard as a Bill that has gone too far. I do not wish it to die a death by a thousand cuts; I wish it to flourish as an effective and important piece of legislation. I think it needs improving but, given the Minister’s response, I beg leave to withdraw my amendment.

Amendment 4 withdrawn.

Land Use in England Committee Report

Lord Lucas Excerpts

Tuesday 25th July 2023 Lords Chamber

[Lord Lucas (Con)]

My Lords, it is a great honour to follow my noble friend Lord Leicester, who, not for the first time in his family’s history, is at the forefront of agricultural innovation. It is a great pleasure, too, to take part in a debate on such an excellent committee report.

I very much agree with the central recommendation that we need a connected, comprehensive and long-term look at how we use land in this country—something that is full of research, revision and questioning. I see it very much as a body which is concerned with curation and comment, rather than control. I take to heart what my noble friend Lord Moylan said about the tendency of institutions to fossilise and become stuck in their precedent and their past. I think that it is possible to create something which is much more interested in getting conversation going, creating controversy and pursuing new avenues, but not within the Civil Service. The Civil Service, with its habit of changing personnel every three years and constant interdepartmental quarrels, is really not the right environment for this. It has to be something separate, and I hope that the Government will come to realise that. In summary, I rather share the vision of the noble Baroness, Lady Mallalieu, which she expressed rather better than I have.

I will give some examples of the sort of things that we need to pay attention to. For instance, it is clear to me that we should not encourage forestry on prime agricultural land. It is also being borne on me, in the context of where I live in Eastbourne, that we should not encourage forestry on grassland, where it is intended to let the water soak into the aquifer so that we can have a bit more of it. Forestry tends to send water back into the atmosphere rather than down into the soil, so what we want is well-managed grassland.

Further, if you start introducing forestry into some of our open landscapes, you make big changes in them, both visually—something that is important to us as humans—and to wildlife. The curlew is an obvious example; it requires open spaces and a decent distance between the nearest forestry which harbours its predators and the space where it is nesting.

We are looking at something which requires an integrated understanding and a set of government policies which reflect that. When it comes to forestry, we should not only control, to some extent, where it is but really encourage the development of a long-term industry, so that it is a profitable and sensible thing for people to do.

It seems to me that, in moving in this direction, we should recognise that we are, in adding to the planning system, restricting the rights of private property owners. Again, my noble friend Lord Moylan pointed out that that is something that we have to have regard for.

If we go for a right to roam—something I have sympathy with; I have a woodland in Kent, and I allow public access to it—it is not without consequence. The noble Lord, Lord Rosser, said: “Let’s let everybody into woodland”. That is a wonderful idea, but who is going to pay for the management and insurance that follows from that? The amount of money that it is necessary to spend to make sure that bits of trees do not fall on people, and to cover the consequences of what might happen if they do, is quite considerable. Woodland in the south of England does not realise an income, unless it is somewhere that is sandy enough to grow pine trees. We need to think through the consequences of a right to roam for the landowners and, as my noble friend Lord Leicester said, for wildlife. It is fairly obvious that, if you have got a wood full of dogs, this will not encourage the ground-nesting birds much.

Respect for private property is something which is becoming obvious in the controversy over the Welsh plans for agricultural reform—the idea that farmers should be mandated to have 10% of their land under woodland and 10% under wildflowers. I just do not think that things work that way. To work as a matter of collaboration and incentivisation, recognising that each piece of land is unique and that you need flexibility, with different people doing things in different ways, as we are doing through ELMS, is a much better idea. I very much hope that the Government will come, even in the cause of multifunctionality, to encourage flowers on golf courses, which are at the moment a green desert but do not need to be. I cannot see that daisies on the fairway would be a great impediment to the noble game, which probably shows that I do not play it.

We clearly need guidance from the Government on where they will allow solar farms. Allowing solar farms on prime agricultural land is just daffy. We know we need that land for other purposes. We should also not allow biodiversity net gain schemes on prime agricultural land; there are bits where we really ought to be growing crops, and there is plenty of this country that we could happily cover in solar farms and wildflowers without losing a great deal. As the noble Earl, Lord Devon, said, if you manage a solar farm well, you will get an increase in wildlife, because you produce a pretty varied habitat among and between the panels.

To come back to what the noble Earl, Lord Devon, said, we are heading towards an understanding that owners of land have public duties, which we have forgotten and ought to be reminded of. My ancestors, as his did, got a lot out of King William and his successors, but it all came with obligations. Over the centuries, we and our successors have managed to shed those obligations; perhaps now is the time we get them back. I do not think that would be a bad thing at all.

As my noble friend Lady Rock said, why are we giving tax incentives to people who put in a solar farm or who run short agricultural tenancies? The point of giving inheritance tax exemption to farming was to encourage a long-term outlook. It is not necessary if you have a wind farm or a solar farm, or if you are running a five-year agricultural tenancy rotation. You are not doing what the tax incentive is there for. We really ought to review that.

I hope the Government—in whatever structure they choose, but if they choose the structure advocated by the committee—will look at research into carbon offsetting. We do not know enough over a long enough timescale about what land management systems work to achieve that. We ought to be looking at carbon sequestration in everything we do, in all our activities—building, infrastructure, planning, everything. One of the questions we ask should be, “How is this going to sequester carbon?” We are very short on that at the moment. There are big opportunities to come from adding that to our list of questions.

In looking at how we use land, we ought also to take a real look at infrastructure. I particularly think of water in that context. It is already becoming clear that substantial areas of this country are bad and will get worse when it comes to water shortages, whereas other bits will become inundated by the sea unless we are really careful and spend a lot of money on it. Eastbourne, where I live, comes into both categories. I would really like to see us having an institution which will take a really long view. In terms of water, we are talking about a hundred years rather than tens of years. Where is water going to come from? How are we going to keep water out? What are sensible policies to make that happen? A centre for conversation and research—something with no policies of its own, but a mission to uncover and encourage the generation of policies from around the country and its academic and active institutions, something long-term and independent —would be a great outcome of this report.

Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

Lord Lucas Excerpts

Monday 10th July 2023 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support the noble Baroness, Lady Willis, who has made an excellent case today as to why the omissions in these regulations need to be urgently addressed.

Throughout the development of local nature recovery strategies, we have been hugely supportive of the concept. There is no doubt that they have the potential to be an important vehicle for the delivery of many of our environmental ambitions set out in the Environment Act. Already, around the country, councils are coming together at county level to address the challenges of meeting our environmental targets locally, and they want to make the process work. However, as the Minister knows, we already have concerns about the status of those local nature recovery strategies once they are produced. Without the right legislative underpinning, there is a risk that much of their work will go to waste and we will lose the enthusiasm and good will of those involved in the process.

Under the current wording of the Environment Act, planning authorities are required only to have regard to the LNRS as part of a general biodiversity duty. That is why the noble Baroness, Lady Parminter, and I have tabled an amendment to the levelling-up Bill which would require local planning authorities to deliver the objectives of the relevant local nature recovery strategy in their development plans. We will debate this further when the amendment comes up on Report, and I hope that we can make some progress at that point in resolving the issue. I am very grateful to the Minister for meeting us to discuss this last week. I hope that he is able to come back with a little more information—we were rather hoping for some alternative proposals. Given that the amendment is potentially due next week, we are running out of time. I just say that as a general nudge. I mention it also because it is symptomatic of a very narrow interpretation of the role of local nature recovery strategies, combined with overreliance on guidance notes rather than the formal statutory underpinning which can deliver real change.

I thought that the noble Baroness, Lady Willis, made a very powerful case for the combined local nature recovery strategies to connect up and form a national nature recovery network. This could provide the essence of the well-known Lawton ambition of “bigger, better and more joined up”, which everyone understands to be the holy grail of nature recovery. But nowhere in these regulations is this spelled out as an objective. There is no requirement for county-based representatives to look over the border to see what approach their neighbours are taking. There is no overarching objective of joined-up corridors across the country which could facilitate the spread of flora and fauna across wide landscapes. There is no requirement to look at the wider geographic challenges or to use the opportunities that the current protected landscapes such as national parks and AONBs could provide.

While there is a role for Natural England in advising on the habitat and species priorities, there is no obligation for wider collaboration between local nature recovery partnerships or for a national map to be produced. Why has Defra largely omitted the need for such national connectivity from the regulations and guidance, which the noble Baroness has been a great champion of and has made a powerful case for today?

There is a further obstacle to the development of a national nature recovery plan in that each local authority is required to publish its recovery strategy on its website. That is good, but there is no requirement for these websites to be on a shared platform. There is a danger that we will end up with 48 individual proposals, with artificial political boundaries, that bear no relation to one other in the language used, impact on habitat and species revival, and other deliverables towards the targets. Equally, there is no requirement for quality control, so the local nature recovery strategies may well vary in scope, evidence and ambition.

Can the Minister explain whether a national online platform for LNRSs is being considered, and how we can be assured that a quality assurance programme will be enacted to ensure that the objectives set out in the Environment Act really are being delivered? I look forward to his response.

[Lord Lucas (Con)]

My Lords, I take a much more optimistic view of these regulations, although I expect to be in the lists with the noble Baronesses opposite when it comes to their status in terms of planning regulations. These are local nature recovery strategies, whereas both noble Baronesses appear to want a national nature recovery strategy, imposed from the top down. I think that 30 by 30 will work only if it becomes an intensely personal local thing, if it exists in every community and is worked out locally in a way that suits local people within the context of an overarching national objective that is not set out not as obligations but ambitions. I am dead certain that local wildlife trusts and many other locally based nature organisations will support what is going on and be part of it, but I see no reason to despair that these things are not centrally specified. It is their great strength that they are local.

There is a general question for all the nature-related organisations as to how they gather data so that it is synchronised. I hope that Defra is talking to the Natural History Museum about that so that we have a common structure and that the data each of us gathers in all the organisations we are involved in can find a common use. Why should Sussex have to express its local nature recovery strategy in the same framework as central London? It is just daft. This is local—we should be expressing our local convictions and ambitions.

There is provision in this for the consultation draft to be given to neighbouring authorities, which will doubtless result in some co-ordination, but surely the key to this is being local. If it is to be effective, that means local people in the driving seat.

Hunting Trophies (Import Prohibition) Bill

Lord Lucas Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Lucas (Con)]

My Lords, I am a practical person and, for me, the practical benefits for wildlife outweigh any considerations of my sensibilities. My judgment is that this Bill as it is will damage conservation; I therefore support the suggested direction of amendment that my noble friend Lord Bellingham proposed.

The flow of money is important to conservation; we can see that in this country. Let us take the example of the long-standing RSPB reserve Lake Vyrnwy in Wales and the RSPB’s recent application for many millions of pounds of funding. The RSPB says that, unless it gets all this money in this area of Wales, red grouse, black grouse, hen harriers and waders will all become extinct—and I can understand why. It takes a great flow of money to achieve effective conservation. By contrast, the RSPB, as reported in its publication today, is heavily opposed to driven grouse-shooting—but if you go on a well-managed driven grouse moor, as I had the privilege to do this spring, it is a place alive with waders and, indeed, as a properly managed moor, with raptors too. It is a buzzing ecological community, and that is managed because of all the effort put in to maintain grouse-shooting.

In contrast to the RSPB seeing hen harriers as dying out in Lake Vyrnwy, the picture in England is that we have gone, since 2017, from 10 chicks fledged to 190 chicks fledged due to the collaboration between Natural England and grouse-shooting. The high principles and purity of the RSPB are leading to the hen harrier dying out; the “killers” and their policies are leading to it flourishing. That seems to me to be an interesting parallel to what we are being asked to consider in this Bill. We may not like trophy hunting, but the proceeds of trophy hunting, flowing into a well-managed conservation effort, are immensely beneficial to wildlife.

We are asking African people to live alongside lions and elephants and yet, considering the debates in this country on the reintroduction of the European lynx—a little baby cat—we ought to understand what we are asking of these people. It is not just, “Be nice”; it is, “Do something that will have an immense impact on your life”, or, in many cases, “Put your life in danger”. People are killed with some regularity by the wildlife in these areas outside reserves. We are asking people to take a huge responsibility. For us, 30 by 30 is nice—it just means more butterflies—but when you talk about more big game and letting it thrive, you are talking about a big impact on your life. We must support the efforts these countries are making to make conservation possible. We must respect what they say is necessary and what they say works and find ways of supporting that.

We might deprecate the people who trophy hunt—it is not something that I wish to do myself—but very many of us watched the first episode of the recent Attenborough series where the white-tailed eagle was hunting the goose. The experience of that is so close to the experience of hunting an animal oneself that I could not separate it. We are built as hunters; we are not descended from rabbits. We are hunters, and that which is expressed as pleasure by trophy hunters is in most of us. We ought to recognise that; they are not something apart but an expression of one aspect of humanity.

I hope we will be able, without too much argument, to amend this Bill to allow whatever structures we think appropriate in this country to collaborate with conservation structures and Governments abroad and allow trophies to be imported from those countries where we are absolutely clear that this is making a substantial contribution to conservation in those countries.

Direct Payments to Farmers (Reductions) (England) Regulations 2023

Lord Lucas Excerpts

Tuesday 28th March 2023 Lords Chamber

The amendments would have the opposite effect of that intended: they would accelerate the loss of small family farmers and the consolidation of their land into larger units. I believe that the Government’s policies enable our farming industry to lead the world in the transition to the future of land use, and I hope that the amendments are defeated.

[Lord Lucas (Con)]

My Lords, I have two short questions for my noble friend the Minister. First, will he really support what my noble friend Lord Caithness said and up the hand-holding? When I decided, 50 years ago, not to go into farming but to go into the City, I chose the less intellectually challenging option. Secondly, does he share my astonishment at how paper-thin the Liberal Democrats’ commitment to the environment is?

Agriculture Bill

Lord Lucas Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Tuesday 15th September 2020 Lords Chamber

I am very grateful to all noble Lords who have come forward to debate this amendment tonight, and I look forward to all their interesting comments. I beg to move.

[Lord Lucas (Con) [V]]

My Lords, I am very grateful to my noble friend the Minister for his responses to my amendments in Committee, and for his kind words in the last group. I am equally grateful to the noble Lord, Lord Grantchester, for bringing back this subject and for his equally kind words.

To my mind, this matter of advice is absolutely at the core of what is needed in the new system. We need it to be advice based, not rule based. We need it to have expertise, to be capable of being local and to be trusted. The adviser corps needs to be trusted by both Government and by farmers. We need to run the system so that it is objective based, not action based.

For instance, one of the objectives local to me should be restoring chalk grassland. No one has any real idea how to do that successfully in a modern agricultural system; we will have to try lots of different things, and a lot of people are going to fail. They need to be supported in that failure, and we need a system that helps us as a nation to learn from that failure and take people forward. That is what an advice-based system should be doing. It is a learning system, not a static system from some tablets of stone handed down but a system that learns from everything that is going on around the country and shares that learning. It is not centralised; centralised is utterly impossible, given the variety of the countryside and different agricultural situations.

We have had enough centralisation. I do not want the Environment Agency letting the Cuckmere flood disastrously because it is too small for it to be bothered with. I want once again to have curlews in the middle of Eastbourne—to have a local solution and not one imposed by the Environment Agency, such as what the water levels should be in the Langney Sewer, which, despite its name, is a pure chalk stream. I want the system to let us have a go at doing things differently—for instance, to have grass sledging on sheep walks. We need to have some way in which to raise money from our countryside to restore our SSSIs. Our local SSSIs are going back to bramble and scrub. We do not have the finance to bring them back as they should be—we need some greater way in which to earn money from the chalk uplands. We need to experiment and try things, and we need an environment where that is encouraged and supported. Trust, support and advice is what I hope we will get from the new system.

[The Earl of Caithness (Con)]

My Lords, I am very pleased to be able to put my name to the amendment moved by the noble Lord, Lord Grantchester, which we discussed in Committee. At Second Reading, I spent my allotted three minutes, or whatever I was allowed, talking about training. It is absolutely crucial; farmers are individuals and do not work in a uniform way, as businesses do in factories and offices. Soil varies across farms and varies over short spaces; what one farmer is doing in one place could be totally different from what another farmer is doing 200 yards away or half a mile away, where the soil, the criteria and the weather conditions are slightly different, because the soil is a bit colder in the spring. It makes farming a very localised and specialised industry. Also, farmers vary hugely, from those who have large estates with a large amount of land in hand to small farmers who are just managing to get by on almost a crofting basis. These are very different individuals, who will need help with these changes.

At the moment, we are talking in a slight bubble, because everything is going quite well. The Minister is having a peaceful time in introducing this Bill, but what happens when we start to get trade deals that start to cause problems with imports that are not up to our standards? What happens with the EU? Increasingly, I am concerned about its threats and actions with regard to farming in Northern Ireland and fishing. What happens when it takes retaliatory action that affects our farmers and fishermen? These people are going to need help and advice from the Government about how to be able to compete. It would be a very different climate in which we are discussing this Bill if it was in three months’ time when we were actually out of the EU and the EU had taken some of the measures that it has already threatened that it is going to take.

My noble friend and his department will have to respond very quickly to that—otherwise, in the famous words of the president of the NFU, Minette Batters, it will be game over for British farming. That is something that none of us who have been discussing this Bill in this House want. Without an amendment like this, or complete reassurance from my noble friend, it has to be put into the Bill to protect farming.

Agriculture Bill

Lord Lucas Excerpts

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

[Baroness Young of Old Scone [V]]

We do indeed. I shall speak to Amendment 222 in my name. I feel, at this precise moment, like having a rant about the inadequacies of rural broadband, but I shall restrain myself. I thank the noble Lord, Lord Randall, for supporting Amendment 222.

The community infrastructure levy was introduced in 2010. Some local planning authorities apply it to new agricultural buildings, but some do not. Agricultural buildings are often required for things such as housing livestock or storing grain, and new buildings are often driven by changes in regulations on animal welfare or food safety standards; or, they may enable business growth or productivity. These things will be important in the new agricultural world we are envisaging in the Bill. New agricultural buildings, however, are not like commercial buildings or housing developments, which are built by investors for immediate profit by selling or letting. Farmers have to stump up for the CIL payment, which can be tens of thousands of pounds, for loans they have taken out to construct a building, and they add to the servicing costs of loans—a direct cost on the farm business.

We are, in the Bill, seeing an environment where farming businesses will need to invest in an innovative way to improve their competitiveness and productivity. The CIL charge for new farm buildings risks inhibiting such investment. It is even more complicated in the current position, because some planning authorities, as I said, choose to levy the CIL on new farm buildings, and some do not, so there is an uneven playing field across the country, for a farming industry that supplies national and global firms. I can imagine the conversations with the supermarkets if you tried to tell them about your CIL charge when they are pressing down on costs across industry as a whole.

We need to bear in mind what the CIL was intended to do; it was a charge to fund local facilities, infrastructure and services to meet increased pressures that new developments often cause. Agricultural buildings are often large in size, so they attract a higher CIL, but low in impact on community infrastructure and services. Cows do not really need social services or want enhanced transport routes. Agricultural buildings are clearly defined in planning laws, so there is no danger of this becoming a creeping extension to any exemption, and there is clear evidence that imposing the CIL discourages investment in these farm businesses. So, this amendment would enable the Government to help farm businesses when they are facing what will, by all accounts, be very uncertain times as a result of the major changes in the agricultural support system. I hope the Minister might see his way to supporting this amendment.

[Lord Lucas (Con) [V]]

My Lords, I support what the noble Earl, Lord Devon, said about less than five years being far too short for average farm tenancies if we are to succeed with a comprehensive agri-environment scheme. I also agree with him that accepting half a loaf now may not lead to the other half appearing; I think we all ought to understand, in this House, how that works. I am very grateful for Tony Blair’s willingness to accept half a loaf all those years ago.

My interest in this group is in Amendment 242. I am not an agricultural tenancy specialist; I come at this from an education point of view. Subsection 11(3) is an odd bit of legislation. It abolishes a large chunk of Part 1 of Schedule 6 to the Agricultural Holdings Act, which is full of definitions—I cannot, for the life of me, understand how we can do without them, but presumably it all fits in with the rest of the Bill. The bit that we are left with is a restatement, effectively, of one bit of Part 1 of Schedule 6, which governs the interface between the successor to a tenancy and that successor going off and learning their trade at an agricultural college. But it says that you are allowed only three years, and a lot of modern level 6 courses in agricultural colleges now last four years, because they—quite rightly—incorporate a year’s experience.

Today, I listened to the Universities Minister, Michelle Donelan, urging universities to be much more flexible and offer structures that are part-time, modular and akin to continuous professional development over many years. Looking to the future, therefore, the answer is not my amendment, but to remove the time restriction from this clause entirely. A successor to a tenancy ought to be allowed to have been studying their craft, and it ought not to matter where and in what pattern they have been doing that, particularly when we are currently urging such institutes of education to offer a much wider variety of ways in which agricultural education can be obtained. We ought not to be stuck in the past in this clause.

[Lord Randall of Uxbridge [V]]

My Lords, I echo the words of the noble Lord, Lord Whitty, and the noble Baroness, Lady Young of Old Scone, about connectivity. The problem is not just in rural areas; it is here too, in suburban Middlesex. However, I am even more relieved that the noble Baroness spoke to Amendment 222 before I did, because she is much more eloquent than I am, and it is something I support.



With regard to the community infrastructure levy, it is of interest that, since 2009, only one local authority has carried out a viability assessment on whether agricultural buildings can afford to pay the CIL. This assessment concluded that the local authority should pay the farmer to build a new farm building.

At a time when the Government are looking at all sorts of innovative ways to cut out red tape and so forth in the planning area—I may have concerns about them if they impinge on environmental interests—we should make sure that we give those in the agricultural industry a fair deal on these properties. After all, they will not be used for profit in the same way that an extension would be, or in any other ways. I support what the noble Baroness said, and I hope the Minister will take note.

Agriculture Bill

Lord Lucas Excerpts

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

[Lord Lucas (Con) [V]]

My Lords, I shall speak to the amendments in my name in this group.

Amendments 178 and 181 suggest an additional scope for the power to get information. We should look at activities which affect the UK and not just at those that take place in the UK. A lot of these food supply chains are international and many of their activities and decisions take place outside the UK—indeed, all that may happen in the UK is that some goods turn up and are dropped off at someone’s warehouse, with all the information about where they have come from, what they are and what the resilience of the food chain is being held outside the UK. So it seems to me that we should have the wording “activities affecting the UK” rather than “activities in the UK”.

These amendments also extend the power to get information to Clause 17, which is on food security. We say that we will do a lot of things with information there, but I cannot see that we have given ourselves the power to get the information we need, which again is likely to be held outside the UK in many cases.

Amendment 185 argues for a wider definition of persons “closely connected” with the food chain and lists a number of activities that are fundamental to a food chain but are not presently listed in the Bill.

Amendment 183 comes back to the plants and fungi of the noble Baroness, Lady Bennett. It is not clear to me that the present wording in Clause 22(2)(c),

“any creature or other thing taken from the wild”,

includes plants. Clearly there is a substantial trade in plants and fungi taken from the wild, which ought to be comprehended in this Bill. I entirely sympathise with the irritation of the noble Baroness at fungi being subsumed into “plants”—but in a House where male embraces the female, perhaps this is a fault that we are used to.

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[The Earl of Devon [V]]

My Lords, I echo the words of the noble Baroness, Lady Rock. I will speak to Amendments 131 and 133 in my name. I am grateful for the support of the noble Lord, Lord Cameron, on Amendment 131.

This turns again to the transition period—or transition chasm, as I described it earlier. Farmers are used to dealing with bad weather, but the thick fog that lies over the chasm is very foreboding. As I suggested earlier, the uncertainty is a major drag on investment and productivity in farming. Certainty and clarity are needed. My amendments seek merely to improve the clarity and certainty under the very welcome multiannual financial assistance plans.

Amendment 131 seeks more certainty by requiring plans to last seven years instead of five, permitting a greater length of commitment and avoiding the unfortunate coincidence with the election cycle. Agriculture and politics do not mix. To use a term popular in this Bill, we need to de-link them. I also note that seven years seems to be okay for the first multiannual financial assistance plan. Can the Minister state why it is not okay for the rest?

Amendment 133 merely seeks some clarity. At present a multiannual financial assistance plan is due to be laid before Parliament by 31 December of this year and will come into force the following day. That makes no sense—I do not wish to spend New Year’s Eve poring over a multiannual financial assistance plan. Parliament should have at least two months in which to review it. I suspect that farmers may want a bit more advance notice as well.

[Lord Lucas [V]]

My Lords, I will speak to Amendment 132 in my name. These plans are the fundamental basis for planning farming in this country. It is really not acceptable that the Government should be allowed to let a plan almost expire and then introduce a new one. How does that allow farmers to plan properly? I know that they will not get it under these circumstances, in the first iteration, but thereafter they deserve two years’ notice of changes that will be made between one plan and the next.

[Baroness Bennett of Manor Castle [V]]

My Lords, I associate the Green group with the very useful amendments of the noble Lord, Lord Addington, about transparency and accountability, and Amendments 131 and 133 from the noble Earl, Lord Devon. He displayed a touching faith in the regularity of the electoral cycle in his comments, but none the less a seven-year timeframe is much more realistic.

I will speak primarily to Amendment 112 in the name of the noble Lord, Lord Grantchester, to which I was pleased to add my name. This is a simple and practical amendment which says that financial assistance should be rolled over if it is not spent in one year. The noble Lord referred to the risk of funding going down if it is not spent. There is the other risk—as I am sure Members of your Lordships’ House will know, having spent much time over their lives on committees—of the rush that often happens at the end of the year to spend money before it runs out or disappears. That is something we do not want to see happening and do not want to encourage. Thinking particularly about farming and growing, dependence on the weather will mean that sometimes things simply cannot be done in a particular year.

I was also pleased to add my name to Amendment 227, tabled by the noble Baroness, Lady Young of Old Scone. She has not yet had an opportunity to speak to that amendment, which is also backed by the noble Earl, Lord Caithness. I briefly reflect that this calls for a land use strategy for England and focuses on the two key issues of carbon storage and biodiversity. I am sure that most Members of your Lordships’ House would agree, for example, with the phrase “the right tree in the right place”. To get towards that goal we need a strategy to head in that direction.

I also suggest to your Lordships that any land use strategy would have to consider whether there are some existing land uses in England that cannot be allowed to continue because of the environmental damage they are doing all round. I refer particularly to driven grouse shooting, which has real issues as regards carbon storage and flooding, and which is spatially very closely associated with illegal persecution of raptors, which we saw this morning with the police releasing horrific information about the killing of a goshawk.

I was pleased to add my name to Amendment 228, tabled by the noble Earl, Lord Dundee. This refers to supporting landowners to make land available particularly to new growers, new farmers—new entrants into the industry. We are seeing some exciting developments. I know that in Suffolk there is discussion of the concept of jigsaw farming, whereby a farmer or landowner might be able to welcome on to their land a large number of different growers occupying small parcels and developing their businesses. We have seen how organisations such as the Biodynamic Land Trust and the Kindling Trust have had to work very hard to find land to make it available to people who want to enter the industry, and we have had reference to county farms.

Of course, we have a huge problem in England with the massive concentration of land ownership. Your Lordships have heard me refer before, and will again, to land reform. We need to come back to that, but for landowners who wish to make their land available to others, it is important that the Bill includes provision to make sure that that happens, and financial assistance where that would be useful.

Briefly, I support Amendments 127 and 134, which are backed by my noble friend. Again, they look at strategic priorities and multiannual plans, creating certainty for farmers.

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[Baroness Bloomfield of Hinton Waldrist]

I am afraid that I cannot give the noble Earl that assurance at this juncture.

[Lord Lucas [V]]

My Lords, I apologise to the Minister if I did not hear her answer correctly, but I did not detect an answer to my Amendment 132. Surely it is not acceptable for the Government to publish a new five-year plan on the last day of the old one. That would cause enormous disruption to agriculture. People would be unable to plan until the new plan was there and then it would then take them a year or so to put their new plans into place. We would get a year when nothing was happening. Surely there must be a decent overlap.

[Baroness Bloomfield of Hinton Waldrist]

As I think I said in my speech, we have built flexibility in to the planning stage, although it does not need to be five years, and in all cases there will be no gap between one plan and another.

Agriculture Bill

Lord Lucas Excerpts

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

[The Deputy Chairman of Committees]

I now call the noble Lord, Lord Lucas, who I understand also has a question.

[Lord Lucas (Con) [V]]

My Lords, I am extremely grateful to my noble friend for her answer, which was very encouraging. However, on my specific amendments, will she confirm so that it is clearly on the record that the Government consider soil, for the purposes of this Bill, to include all that lives within it? If not now, can my noble friend write to me to say how the soil survey is intended to be set up and funded?

[Baroness Bloomfield of Hinton Waldrist]

I would be delighted to write to the noble Lord on the latter matter. On his former point, I believe that my speech actually gave the reassurance that it includes all matters within the soil.

[Lord Lucas [V]]

I am immensely grateful for the response given by my noble friends and I beg leave to withdraw my amendment.

Amendment 29 withdrawn.

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Moved by

[Lord Lucas]

58: Clause 1, page 2, line 31, at end insert—
“( ) providing advice and support to those in receipt of, or potentially in receipt of, financial assistance under subsection (1)”Member’s explanatory statement
This amendment provides for an advice-based system of support, as opposed to a sanctions-based one.

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

We now come to the group beginning with Amendment 58. Anyone wishing to speak after the Minister should email the clerk. I remind the House that anyone wishing to press this or any other amendment in the group should make that clear in debate.

[Lord Lucas [V]]

My Lords, in moving Amendment 58 I shall speak also to my other amendments in this group. There are two basic ways of managing the flow of funding under the Bill: through penalties or through encouragement and advice. I hope that the Government’s intention is to focus on incentives—broad-brush, bottom-up, banded, with plenty of room for local initiatives and a clear understanding that initiatives will often fail—rather than opting for top-down micromanagement. I hope that the Government will institute a strong supply of advice and the funding for it, so that good practice and ideas find it easy to spread, rather than relying on audit and enforcement.

The management of chalk grasslands is a challenge local to me. These are a potentially immensely rich, if sometimes rather small, environment. They were created by a pattern of agriculture that has gone: cattle and sheep herded in large open areas, then folded in the lowlands at night, with a plentiful supply of shepherds and rabbits to keep the scrub from spreading. That has all gone, but we still want the chalklands ecosystem. It is the principal objective of the South Downs National Park.

We have to take the overloaded pastures that have resulted from wartime needs and subsequent agricultural policies, with lots of parasites and consequence high use of biocides, and end up with fields full of insects and wildlife, and a profit for the farmer. We have to find ways to allow the public to enjoy the results of the system that we create; to allow larks to nest undisturbed and people to listen to them; to have fields full of orchids that people can picnic in; and to combine dog walkers and sheep, and old ladies enjoying the outdoors and a herd of bouncy cattle.

Finding a way to do that will take lots of experimentation and there will be lots of failure. Farmers will participate in this over the whole of the chalklands. We do not need, “You can have money to do this, but if you don’t succeed, we’ll be after you”; we do need lots of advice, recording and sharing of data, experimentation and supported failure. That is expensive. The Government would have to fund a team of people over decades. To hazard an estimate, £10 million a year might be the basic level for 200 field staff. However, that £10 million would multiply the benefit of the hundreds of millions being spent elsewhere, because it would make that larger expenditure much better focused and better directed. It would also set the tone of the whole agricultural support system and make it a pleasure to interact with, since it would look for ways to make better things happen. That would make a huge difference to compliance and effectiveness in a fragmented industry.

Of my three amendments, Amendment 135 is key. That is the one I want the Government to get behind.

[The Earl of Caithness [V]]

My Lords, I am delighted to support my noble friend Lord Lucas. I have put my name to Amendments 58 and 119. The Minister will recall that I majored on the whole question of advice in my Second Reading speech. I dedicated all my time to it because I think it is so important.

Farming has been partially insulated from market pressures by the support schemes of the CAP. In particular, the area payments developed by the CAP since 1992 and subsequent steps in 2003 and 2013 have acted to reward land occupation, not business activity. This has been associated with reduced flexibility in land occupation markets, and thus with the relative weakness in the United Kingdom’s agricultural productivity growth.

The progressive removal of area payments and the prospect of more open trading agreements seem likely to drive an accelerated process of change in who is farming what land and how, by both unwinding the protectionist effects of past area payments and responding to the coming changes. This might affect poorer businesses on more marginal land in particular, whether cropping or livestock. My concern is that this process of change should be managed to maximise its economic, environmental and social benefits, while minimising costs.

Farming’s adaptation to the new policy and business environment will not be a simple and swift transformation, but will take much time and effort. The scale of the challenges and the changes associated with them should not be underestimated. Success will require attention to skills and training, investment, approaches to sustained innovation in business policy, technology and marketing. It will be all the better if this is enabled by a new positive regulatory regime after Brexit, ensuring flexible and open markets in land occupation and use. All this must be supported by effective and practical advice and facilitation.

The outcome will be a much less standardised industry than the one we created since the war through policies before and under the CAP, which were largely dedicated to full-time commodity protection. Achieving this will be a major call on all those involved, not only Governments and farmers.

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[Lord Gardiner of Kimble]

My Lords, this has been very helpful debate. I am grateful to my noble friend for Amendments 58, 119 and 135, and to the noble Lord, Lord Grantchester, for Amendment 122.

The Government agree that effective advice and guidance will play an essential role in ensuring that agreement conditions are met and that the outcomes we are looking to achieve through future agricultural policy are delivered. “In connection with” in Clause 1(1) includes advice and guidance given to recipients so that they can better understand how to deliver the purposes for which they are in receipt of assistance. The same is true of the two purposes in Clause 1(2).

My noble friend Lord Northbrook spoke of the environmental land management policy discussion document. My notes state that it is currently live, and my noble friend endorsed that by remarking about it. The Government make it clear that access to an adviser will be a crucial component of the success of ELM. I do not want to go into too many of the tiers at this stage, but tier 3 will be where we provide financial assistance on a much broader, landscape level. I can think of catchment areas and greater expanses of land where a number of land managers and farmers would be involved. Tier 1 would be for the farmer, but tiers 2 and 3 would most likely involve a wider number of farmers and land managers. Those policy documents set out a range of models for the provision of advice, including one-to-one advice, group training, telephone and online support, and facilitation of peer-to-peer learning.

I agree with what was said by my noble friends Lord Lucas and Lord Caithness and the noble Lord, Lord Carrington. The ELM tests and trials team has established an advice and guidance thematic working group—that sounds pretty awful, but I am sure that it is a very good working group. This will gather evidence on how different types of expert advice could help farmers and land managers plan, and record, the public goods they choose to deliver across their land. There are currently 34 tests and trials on advice and guidance. I not only take but endorse the point made by my noble friend Lord Lucas on tone and what the noble Lord, Lord Carrington, said about the manner in which all these things are done.

In the policy and progress update published in February, the Government confirmed their intention to offer advice to applicants for productivity grants. This advice could help applicants decide how to target investments to achieve the greatest improvements in business performance. Advice and guidance are also an integral part of the Government’s future animal health schemes, with vets in particular having been identified as a key source of advice for farmers who wish to take pragmatic steps to improve animal health.

In the policy update, the Government also committed to a future system of agricultural regulation which, among other things, understands and implements better ways to provide advice and guidance to the sector. The Government will work closely with industry to consider the best way to deliver such advice. It is, however, imperative that that advice and guidance are delivered by the right people, in the right places, at the right time and—I emphasise—in the right way. A wealth of knowledge and expertise already exists across our farming and land management communities. However, it is also a priority for the Government to ensure that the farming industry is adequately supported by advice and guidance.

My noble friends Lord Caithness and Lord De Mauley spoke about agricultural shows. As a former president of the Bucks County Show and a current vice-president of the Buckinghamshire and Suffolk Agricultural Associations, and having made many visits to agricultural shows across the kingdom, I know that they are an extraordinary example of the great part of rural life and farming at its backbone. All of us obviously regret not having been able to go to our local county shows. The current advice on meeting people outside your household is available online and allows that events of more than 30 people can take place as long as they are planned by an organisation in compliance with the Covid-19-secure guidance, Working Safely During Coronavirus: the Visitor Economy. So I say to my noble friends and all noble Lords that planning for next year, which I know all of them are doing, will clearly depend on where we are in the containment of the virus. There is also industry-led guidance on keeping workers and audiences safe during Covid-19, which applies to those working in outdoor events.

I am well aware that many of these show societies are charities, and of the use of the furlough scheme. I will reflect on what noble Lords have said. Agricultural shows are an important part of the rural calendar and are a way for urban and rural schools to get involved and understand why agriculture and rural life are so important. They are a key part of showing the country what the countryside provides.

[Lord Lucas [V]]

My Lords, I am grateful to my noble friend for his comprehensive and optimistic reply. I urge on him again the importance of allowing failure; allowing people to get things wrong; to try things for the best reason and find the disaster and then have to put things right. We are going to find the right way to do some of these things only if we are adventurous and stick our necks out. That is the sort of support that I hope this Government will feel able to give. I am comforted by what my noble friend said and beg leave to withdraw the amendment.

Amendment 58 withdrawn.

Agriculture Bill

Lord Lucas Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[The Earl of Shrewsbury (Con) [V]]

My Lords, I support Amendment 12 and I shall speak to Amendment 13, in the names of my noble friends Lord Caithness and Lord Colgrain. I ought to declare my interest as a member of the National Farmers’ Union.

Education is key to producing future generations of efficient farmers and land managers. While there are excellent world-class agricultural education facilities in this country—such as Harper Adams University in Shropshire and the Royal Agricultural College in Cirencester, to name but two—over the past few years a number of them have closed, such as Wye College, while a number of other establishments have downsized their activities considerably. In my opinion, it is vitally important that we have a world-class agricultural education system for this multifaceted agricultural industry.

I am pleased to have added my name to Amendment 13. I do not believe that “forestry” widens this Bill in the context of agriculture; I believe that forestry is a part and parcel of agriculture and the countryside, and therefore it should be included in the amendment moved by the noble Lord, Lord Curry. I support the amendment.

[Lord Lucas (Con) [V]]

My Lords, I thoroughly support Amendments 12 and 13. It has been very evident to me, since I moved out from a long career in London to live on the south coast, that even here, where we are surrounded by the most magnificent countryside, there are many people who are not connected to it. It is not enough just to provide opportunities; we have to invite people into the countryside by providing them with really good educational opportunities, particularly aimed at schoolchildren but for adults too. To my mind, that is a vital part of the strategy that underlies this Bill, so I am thoroughly in favour of Amendments 12 and 13.

I have tabled Amendments 32 and 33 in this group, which tackle rather different subjects. Over the next 25 years, we will face huge challenges in agriculture. Agricultural yields have been stagnating for a while, as the results of the last agricultural revolution reach their limits. We need to make some serious progress on increasing yield to have better productivity and to put less pressure on the demand for land. We need to make a lot of progress on biocides, so that we can start to reduce the side-effects that they have on wildlife and on the quality of our environment generally.

There are huge opportunities in these areas. The science of genetics is getting to the point where we can start to look at a whole new generation of crop varieties and indeed different crops, which should enable us to tackle both yield and disease resistance. The advances that we are anticipating in robotics will allow us to use much lower doses of biocides. Indeed, one British company is looking at killing weeds in mechanical ways rather than chemical ways.

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[Lord Inglewood (Non-Afl) [V]]

My Lords, I am pleased to follow the noble Lord, Lord Greaves, on these three amendments and to support the arguments that he has advanced. It is encouraging that these are narrower amendments, which means that the debate will be less slightly less prolix. It is clear from the debates in your Lordships’ House on the Agriculture Bill that there is general agreement about the revolution going on in the countryside, which is not only technological, but intellectual, psychological and emotional. Against that background, what is known as rewilding, as defined by the noble Lord, Lord Greaves, is in fact a real part, although obviously only a part, of a new era for the nation’s rural landscape.

Of course, as the noble Lord said, the populist perception of rewilding means releasing sabre-toothed tigers on Hampstead Heath, or perhaps slightly less melodramatically, what is happening on the Knepp estate in Sussex. That kind of rewilding may well have a role in the future countryside, but it will certainly be only a part of that future. Rewilding covers a whole range of things from plants and insects to animals. Since the beginning of time, our environment has been evolving and changing, sometimes quickly and at other times almost imperceptibly. It is absolutely clear that our flora and fauna are always in a state of flux. Look at what has happened to the landscape and the plants and animals in it since the last ice age.

During that period, we humans, as part of creation, have been one of the vectors. In some instances, our involvement has been benign, and in others, particularly in the case of some alien introductions, it clearly has not. But it is as legitimate, subject to proper consideration, to interfere with the ecology of the relatively unaltered parts of our land as with that of the more intensively cultivated parts, when it is called farming or forestry. That is why I believe rewilding, however exactly you define it, should be an element, but only a part, of the future. Natural and rural agricultural policy should encompass it, and hence, it should become part of national policy.

[Lord Lucas [V]]

My Lords, I look forward to the Minister’s reply on Amendment 19. Our ability to repair the landscape is obviously crucial to getting our South Downs back in order. Kew is immensely helpful in this regard with its seed bank, which gives us some species we have long lost. We have to play an active part in getting our countryside back and not just wait for it to happen gradually over the next few centuries.

As for wider rewilding, yes, Knepp is wonderful—I have been there—but it requires fences. If you fence an area and you want nature taking care of itself, with very light-touch management, you need large herbivores and top predators. Otherwise, as in Knepp, we have to be the top predator. So, we have to accept our role in rewilding—we are the top predator. We have a role to play in a rewilded landscape. If you try to do it without boundaries, the herbivores leak; I do not think Knepp’s neighbours would be much pleased if all the Tamworth pigs started straying across their wheat crops. It is a concept that takes some very careful working out. We ought to learn the lessons of the rebellion in Wales, when the rewilding attempt failed. I encourage the Government to look in this direction, but with a good deal of scepticism.

[The Earl of Devon [V]]

My Lords, I echo the words of the noble Lord, Lord Lucas. First, I would like to address the reintroduction of native species. Down in Devon, we have seen the relatively successful and very interesting reintroduction of beavers—ironically, in the River Otter. That has had some success but also some major challenges, not least for landowners, whose land gets flooded unexpectedly, requiring the proactive management of those beavers and moving them on.

Discussion is increasing around the reintroduction of pine martens as a means of controlling the grey squirrel population, although it is pointed out that grey squirrels live in urban centres where pine martens do not, so it would be very difficult to control grey squirrels that way. In the wilds of Scotland—the Glenfeshie Estate—the reintroduction of large herbivores is being considered. I was at a talk given recently by the brother of the noble Lord, Lord Goldsmith, the Minister, who made reference to the reintroduction of wildcats to Dartmoor. I have resisted the urge to stray into the Dartmoor Hill ponies area, since they are so ably represented by a number of noble Lords. However, I would resist the reintroduction of wildcats to Dartmoor, if only for the dear Dartmoor pony’s sake.

Rewilding is a very complicated issue. I congratulate the Knepp Estate on its huge enthusiasm and the interesting research it is doing, but nature does not take care of itself in this landscape. We have created this landscape, we are responsible for it and we cannot divorce ourselves from that responsibility.

Rewilding is not a new concept. Three hundred years ago, the landscape around me was heavily farmed and ornately gardened. About 270 years ago, it was rewilded with the creation of a deer park, which exists to this day. That is a form of rewilding, creating a primordial, idyllic landscape with deer grazing under trees and eating conkers and acorns. It is, I agree, a fantastic landscape with remarkable biodiversity and it provides a healthy harvest of venison, but it is not profitable. It is heavily subsidised by HLS and ELS, and even then, it is not profitable. The only way we make it break even is with a series of concerts, which were so ably promoted on Tuesday by the noble Lord, Lord Mann.

Rewilding does not necessarily create a profitable and vibrant landscape, and we need to be very cautious in imagining it does. However, there are areas of the country that may benefit from it—I am thinking of marginal areas that are not profitable farmland but that should not be allowed to go completely to wilderness. They could be rewilded, but only if it can be done on a landscape scale, creating landscape-scale environmental corridors and providing remarkable benefits for all in joining up environmental and species habitats.

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[Lord Greaves]

My Lords, I am enthused by Amendments 68 and 77 in the names of the noble Baronesses, Lady Jones of Mouslecoomb and Lady Bennett of Manor Castle, but I think that they explain themselves. They are set out well, they stand for what they stand for and the two noble Baronesses will speak to them. I think you have heard enough from me for the time being, and I will say no more.

[Lord Lucas [V]]

My Lords, I am very grateful for the draft of the Bill, and particularly for the definition of “livestock” on page 3, which

“includes any creature kept for the production of … drink”.

I had to look that up on Google. I will not repeat most of what Google suggests. The most printable is seagull wine, but I had not realised that we had such industries in the UK.

My amendment would make the definition “in connection with” the farming of land rather than “in the farming of land”. I want to quiz the Government on why they have drawn the boundary in that way. It seems to me to exclude a number of common inhabitants of the farmyards I grew up on, such as dogs, pigeons, cats and, indeed, horses. I do not know how horses, even New Forest ponies, come in under the definition of livestock in the Bill and I cannot find a place for maggots, although maggot farming is still an active business in this country. Other than that, Amendment 68 seems on the prescriptive side, although it reminds me of my cousin, who was shipped out to Australia with a one-way ticket and found himself on Intercourse Island in Western Australia castrating sheep with his teeth.

[The Earl of Dundee [V]]

Amendment 44, which is in my name, seeks financial assistance to encourage the rearing of livestock outside as opposed to factory farming. Outdoor rearing of animals reduces the use of antibiotics. Too many of those in farming have already undermined the efficacy of antibiotics in British medicine. Equally, animal-to-human transmission of diseases is far more likely to occur when animals are farmed indoors—for example, Covid-19, SARS, swine flu, avian flu et cetera. The grazing of animals outdoors also benefits crop rotation, since they keep soils healthy without the overuse of synthetic fertilisers. Animals reared on good quality pasture also produce less CO₂ and methane compared to those reared indoors and fed on animal feed.

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Moved by

[Lord Lucas]

29: Clause 1, page 2, line 25, at end insert “and of the organisms that live within it.”
Member’s explanatory statement
This amendment clarifies what ‘soil’ includes.

[Lord Lucas [V]]

My Lords, in moving Amendment 29, I shall also speak to Amendment 217. Amendment 29 is relatively simple; I am looking for reassurance from the Minister that when we are setting out to enable ourselves to protect and improve the quality of the soil, we are including the animals, plants and fungi that live within it and, together, make it useful as a substrate for growing plants and as a foundation for the ecology of the land.

Soil is often considered to be just a collection of minerals. In school, you look at how much sand and mud there is in a sample. The things that live in it are generally too small to notice, except for the odd worm. I want to be clear that we are talking here about the health of the soil as an organism—a living thing, not just a collection of bits of rock.

Amendment 217 follows on from that in a much more substantial way and asks that we set up a national soil monitoring programme. It is agreed that our soil is not in as good health as we would like. Over recent decades, it has probably been deteriorating. If we are to change that, and look after it, and get ourselves back into the sort of situation we would like to be in, we need data and information. We need to know where we are now and watch, as the decades roll by, what progress we are making towards where we ought to be. To do that, you need a soil survey. It is not vastly difficult or expensive. You just lay out a grid of locations across the UK and take soil samples, measure them, preserve them and go back again a few years later. It is something that most developed countries do automatically; it is something that we used to do but gave up doing. But with all the ambitions in this Bill, and the fundamental importance of soil to most of those ambitions, it is something that we should do again. I beg to move.

[Lord Teverson (LD) [V]]

My Lords, I declare an interest as co-chair of the Cornwall and Isles of Scilly Local Nature Partnership. I will speak to Amendments 40, 42, 84 and 97. I thank the noble Baronesses, Lady Bennett of Manor Castle, Lady Young of Old Scone and Lady Ritchie of Downpatrick, and the noble Earl, Lord Caithness, for their support for all or some of these amendments.

The amendments are about agroecology and agroforestry, two areas of agriculture that have become more and more prominent in understanding and importance, and that in many ways reflect some of the best agricultural practices over many years. I welcome the Government mentioning agroecology in the Bill, at the top of page three, but recognise that it is done in a way that defines “understanding the environment” and is in the Bill in relation to access to and enjoyment of the countryside, rather than necessarily as a technique for farm management. However, it is becoming more and more mainstream, and it would be very useful if the Bill were to recognise it specifically as an area of support under the financial regime we are talking about here.

Agroecology is primarily about whole-farm management in an environmental sense, particularly the conserving of natural resources, and not least soil fertility, which is much more prominent in our discussions these days. I welcomed Michael Gove, when he was Secretary of State at Defra, ensuring that this was prominent in the 25-year environmental plan, and I agree with the noble Lord, Lord Lucas, about the importance of tracking the health of our soil. Agroecology is also about biodiversity. We have all sorts of challenges in biodiversity, not only worldwide but equally in this country, where it is very depleted. Crop diversity within agroecology is one way that we can boost biodiversity, particularly at a farm level.

Agroecology is also about balancing inputs and having lower inputs than we need at the moment. A low carbon footprint provides low pollution, thereby, we hope, helping human health. Low input does not necessarily mean low output; it means that we work in a much more intelligent way. I was very interested in the contribution from the noble Lord, Lord Cameron of Dillington, about how we could improve our output without increasing input.

Agroforestry is equally important. It is about not only forestry but combining agriculture and trees. Obviously, agroforestry has big pluses in terms of climate change, providing shade for livestock and some other crops. We sometimes forget that trees provide crops—not only the apple orchards that I have here in Cornwall, but also other fruits and nuts. It is also about soil improvement and, not least, natural water management, which is a key part of our adaptation plan in the climate change actions that we hope to undertake as a country as we move towards net zero in 2050.

Agroecology and agroforestry resonate very strongly with the nature recovery networks that we will consider when the Environment Bill finally comes to this House. Agroecology and agroforestry are not about replacing every other system in terms of these amendments and this Bill. We are looking for recognition that this is an important part of improving the environment and our countryside’s biodiversity, while having a type of farming that remains commercial. The financial changes would be a very important way of farmers moving from one form of agriculture to a better and less input-led form. The ELMS and financial changes taking place as a result of this Bill can really help the countryside, help farming and help biodiversity.