Farming: New Entrants

Debate between Lord Whitty and Lord Gardiner of Kimble

Monday 23rd November 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, we value the role that council farms play in providing opportunities for new entrants. That is why we want to incentivise councils to retain and invest in their farm estates so that they can continue to provide opportunities into the future.

[Lord Whitty (Lab) [V]]

My Lords, post-Brexit British agriculture and horticulture require a new generation of farmers and a larger and more highly skilled UK-based workforce. In response to the point made by the noble Baroness, Lady McIntosh, about county farms, will the Government urge counties to stop divesting their county tenancies and start investing in new opportunities for those who wish to farm but do not inherit and cannot buy the land? Are they proposing to produce an updated recruitment, skills training and career structure for UK land workers in agriculture and horticulture?

[Lord Gardiner of Kimble (Con)]

My Lords, one of the reasons the Government are reforming post-16 technical education to provide clearer routes into skilled employment in agriculture and other associated sectors is precisely to address the point the noble Lord has made. The other issue, as I will repeat, is that we want councils to retain and invest in their farm estates and for other landowners to take the opportunity of the new entrant scheme that we are developing because we think that this is a positive part of the future in agriculture.

Agriculture Bill

Debate between Lord Whitty and Lord Gardiner of Kimble

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 20th October 2020 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, with the leave of the House, I will speak also to Motions C, C1, F and F1. At this juncture, I should declare my farming interests, as set out in the register.

I start by once again acknowledging the work of your Lordships in the scrutiny of the Bill. These debates have provided a valuable opportunity to clarify the Government’s agenda of reform for agriculture in this country.

Turning to Amendment 1, I agree wholeheartedly with the intent behind the amendment of the noble Baroness, Lady Jones of Whitchurch. The strategic priorities of multi-annual financial assistance plans drawn up under Clause 4 will most definitely consider those objectives and those of future environmental improvement plans.

I turn to Amendment 11, and Amendment 11B proposed in lieu by the noble Lord, Lord Whitty, in Motion C1. The exacting process of scientific assessment applied to all pesticides specifically addresses the situation of those living near to where pesticides are applied. The Health and Safety Executive is the regulator covering the safety of chemicals, including pesticides. Staff working on pesticide assessments are scientists who specialise either in one part of the risk assessment, such as the fate and behaviour of pesticides in the environment, or in interpreting the specialist findings to reach conclusions on a product’s safety. No pesticide is allowed on to the market unless these scientists are satisfied that it poses no threat to the health of those living near farmland where it might be applied. This assessment process applies to all new pesticides, and the safety of existing pesticides is regularly reviewed.

Some noble Lords are concerned that the Government could face a gap in powers at the end of the transition period. I want to reassure your Lordships that that is not the case. We have the powers needed in this area. Section 16 of the Food and Environment Protection Act 1985 allows the Government to make regulations that prohibit the use of pesticides in certain specified areas. Section 17 of the same Act allows the Government to make codes of practice providing practical guidance on pesticide use. Other powers include Article 6 of Regulation 1107/2009, which allows the designation of areas where the use of plant protection products containing a particular active substance may not be authorised.

A wide range of monitoring activities takes place to ensure compliance with legal requirements, and intelligence- led enforcement action is taken where problems are identified. The Official Controls (Plant Protection Products) Regulations 2020 provide additional powers to enable the responsible bodies to operate proactive controls, targeting enforcement where it is most needed.

I turn to Amendments 17 and 17B, and Motion F1 in the name of the noble Baroness, Lady Jones of Whitchurch. The Paris Agreement was ratified by the United Kingdom in 2016 as a sign of its continued commitment to climate action and reductions of CO₂ emissions across the world. The Government are bound by it as an international environmental law treaty. The Climate Change Act 2008 set targets in domestic law, which were strengthened to include an obligation for the Government to ensure that the net UK carbon account is 100% lower than the 1990 baseline by 2050.

In previous debates, the Pensions Bill has been given as a precedent for the inclusion of a reference to climate change on the face of a Bill. I looked into this, and the duty is placed on trustees or managers of occupational pension schemes, not the Secretary of State, who is already bound by these obligations. On Thursday 15 October, the Government published their response to the Committee on Climate Change’s Reducing UK Emissions: 2020 Progress Report to Parliament.

Amendment 16B requires the Secretary of State to lay a strategy outlining policies that will be taken towards net zero. I am therefore very pleased to confirm that our response to the Committee on Climate Change includes a new commitment to publish a comprehensive net-zero strategy ahead of COP 26, which will be a wide-reaching and cross-departmental document, making the most of new growth and employment opportunities across the United Kingdom. This will raise ambition as we outline our path to hit our 2050 target. I beg to move.

[Lord Whitty (Lab) [V]]

My Lords, I oppose the Commons deletion and commend Amendment 11B, which proposes a revised version of what was Clause 38 in the Bill as it left this House.

I thank the Minister for his explanation, and for his courtesy, throughout this discussion and when meeting me yesterday, but I am afraid that he has not yet convinced me. I appreciate that many in this House do not regard this issue as important enough to be dealt with at this late stage in the Bill’s passage, but the Bill will define the future practice of agriculture in this country. We are dealing with agriculture’s relationship with nature, the environment, the food trade and so on, but it also must be about its relationship with those human beings who live and work in our countryside alongside that agriculture. Too many of those rural inhabitants have had health effects from exposure to pesticides, which have been and remain a serious threat to their physical quality of life. They deserve at least the limited and straightforward protection which my amendment provides by requiring the Government to regulate the distance between them and pesticide operations.

There have essentially been only three arguments from the Government against this principle. The first is what the Minister has just said: that the EU authorisation process nowadays ensures that even repeated exposure to the application of legally authorised pesticides cannot lead to serious health effects. I regret to say that medical reports and evidence from rural residents, some of which noble Lords will have seen, suggest substantially otherwise. Noble Lords will also recall the powerful speech on Report by the noble Baroness, Lady Finlay of Llandaff, on the medical issues that residents and others affected by pesticide poisoning have suffered.

I accept that there have been significant changes in EU pesticide authorisation, but they are not sufficient. One of the easiest and most obvious ways to prevent such exposure from causing health effects is to ensure that the exposure to crop spraying is at a prescribed minimum distance from where people are most likely to be: in their own homes, their children’s schools, and so on.

The principle of my original amendment continues to be supported by many in this House, if not all, including my original co-sponsors the noble Baroness, Lady Bakewell of Hardington Mandeville, of the Liberal Democrats, the noble Lord, Lord Randall, of the Conservatives, the noble Baroness, Lady Jones of Moulsecoomb for the Greens, and the noble Baroness, Lady Finlay of Llandaff. However, perhaps it was phrased a little loosely. The main objection in the other place by the Defra Minister, Victoria Prentis—she used slightly overstated terms—was that it would close every field to pesticide application. That was never the intention, so we have deleted the wording which gave rise to that objection and taken out what was originally subsection (1)(b). The only open spaces referred to now are those that are part of education or healthcare facilities. That should deal with the substantive objections that were made from the Government Benches in the Commons.

The other objection, repeated by the Minister just now and in the wording of the Commons reasons, is that Ministers already have these powers. I have two comments on this. There is a key word in my amendment —“must”. If Ministers did have these powers, they have not used them. This amendment would require them to produce draft regulations and to submit them to the usual consultations, and then to both Houses. At the last stage, and in correspondence, Ministers argued that they had possessed these powers since the EU directive in 2009 and the transposition of that in 2012. The Minister has just said that they have actually had these powers since the Food and Environment Protection Act 1985. There is no specific reference there to distance or to residential property—there is a brief reference to healthcare facilities—but even if Ministers are right, and they do in general terms have the right to prescribe distance, why have they not done so in the eight years since the transposition of the EU regulation, and in particular since that 1985 Act? If they are claiming that they already have those powers, they must explain to the House why they have not used them. If we do not pass my amendment indicating that they must introduce such regulations, we may have to wait another 35 years for rural residents to be protected.

I give notice—I should have done so at the beginning —that, unless I hear something different from the Minister, I intend to press this amendment to a Division at the end of this debate.

Agriculture Bill

Debate between Lord Whitty and Lord Gardiner of Kimble

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

[Lord Gardiner of Kimble]

I believe that the noble Baroness made a speech rather than asking a question but I have noted it all. I approve of gardening, community gardening and the production of food.

[Lord Whitty [V]]

My Lords, I thank the noble Lords, Lord Curry and Lord Judd, and my noble friend Lady Jones, and others, who supported the general approach of Amendment 158. I thought that I would fall out with the noble Lord, Lord Cameron, but I essentially agree with him that, if we are to have a revival of county farms, we will have to redefine the mission. What is clear from all speakers is that, in this brave new world of post-CAP agricultural policy, we will need people to come into farming who have not traditionally been there and who are unlikely to be able to buy their way into it. We need their talents, their skills, their entrepreneurship, their enthusiasm and their recognition that the provision of public goods, which this Bill is all about, is an important part of farming. Regrettably, when it comes to county farms, neither the structure of ownership of agricultural land in this country, nor, in some respects, the provisions of tenancy law, nor the withdrawal of the local state from this area—none of these things—are particularly conducive to bringing new talent, new blood and new ideas into farming; we need to make a new start.

My amendment is quite limited. It asks the counties involved to review their estates, not to sell any for the moment, and then to define a new strategy along with Defra and the farming organisations. That is an important part of the rejuvenation of agriculture. It must be recognised that this Bill should be paralleled with a means of more people coming in with new skills and new backgrounds. I understand the issue of urban agriculture and community gardens and so on as one potential way in, but the traditional way in through county farms is rapidly disappearing. We need to continue to make positive use of what is there, and to ask the counties, effectively, to look at the situation again and do so in this new strategic sense.

The schemes coming through ELMs and through the other provisions of this Bill will need the next generation to seize the opportunities that they present. That means that we need new ways in. I hope that county farms will be a significant provider of those ways in. I will not press my amendment for the moment, but I hope that the Minister will recognise that even the present level of county farms may well deserve some special recognition within this Bill in respect of government support for the public good. Meanwhile, I beg leave to withdraw the amendment.