Draft Agriculture (Legislative Functions) (EU Exit) Regulations 2019 Draft Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 Draft Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 Draft Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019

Debate between Robert Goodwill and Oliver Heald

Monday 25th March 2019 General Committees

[Mr Goodwill]

I will ’fess up: I was not aware of that difference. There may be a perfectly logical explanation that is not policy related.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I notice that there is an article in the regulations entitled, “Financial Discipline in England”, which sets out how that would work. Am I right that the other nations would not have to have any financial discipline, or would they make their own arrangements?

[Mr Goodwill]

The other nations have chosen not to opt into the financial discipline mechanism, which we use—I was going to say “to top-slice”, but that is too emotive—to ensure that we have provision for emergency payments and other such measures. That is in no way to suggest that the Scottish Administration are behaving recklessly; it is just how they are choosing to deliver that policy. I hope my right hon. and learned Friend is reassured. Indeed, I met with the DAs this morning, and Mr Ewing was very keen to talk about how we move forward constructively, respecting the powers devolved to the Scottish Parliament and Administration.

These draft statutory instruments are required to ensure our continued ability to pay UK beneficiaries of the CAP and the common fisheries policy as now. They will help to ensure compliance with the rules set out in the retained CAP legislation and to ensure that public money is spent appropriately. On that basis, I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Agriculture (Legislative Functions) (EU Exit) Regulations 2019.

draft Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019.—(Mr Goodwill.)

draft Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Resolved,

That the Committee has considered the draft Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019.—(Mr Goodwill.)

draft Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019

Resolved,

The Committee has considered the draft Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019.—(Mr Goodwill.)

Draft Rural Development (Amendment) (EU Exit) Regulations 2019 Draft Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019

Debate between Robert Goodwill and Oliver Heald

Thursday 21st March 2019 General Committees

[Mr Goodwill]

It is a great pleasure to serve under your chairmanship, Mr Gapes. As a farmer myself, and given that my family business participates in an agri-environmental scheme, I should mention my entry in the Register of Members’ Financial Interests.

The two statutory instruments are closely interrelated and I thank the Committee for taking them together. They amend retained EU law to ensure that rural development payments can still be made after exit day. The amendments will maintain the effectiveness and continuity of EU legislation that would otherwise be deficient after our exit. The changes are necessary to enable rural development programmes, particularly those partially funded by the European agricultural fund for rural development—the EAFRD—to continue to operate effectively in the United Kingdom following exit, until their closure after the end of the 2014 to 2020 programme period.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

With his background, the Minister will know the importance of the rural development programme for England. Can he confirm that the effect of the draft instruments will be that that programme will continue unimpeded and unchanged and that there will be proper funding for it if we have a no-deal Brexit?

[Mr Goodwill]

I thank my right hon. and learned Friend for his question. I can absolutely confirm that—it is vital if we have a no-deal Brexit. If, as I hope, we do not have a no-deal Brexit—I hope Opposition Members will think about that before next week’s vote—the regulations will come into force when we leave, following the implementation period.

Four rural development programmes operate in the UK—one for each Administration—providing funding for rural businesses, farmers, land managers and applicants who live in a rural community, with the intention of growing the rural economy, increasing productivity and improving the environment. The European fund relevant to the instruments is the EAFRD, which supports the delivery of rural development in the UK and is worth £430 million a year over the programming period.

The UK Government have guaranteed that any projects funded from the 2014 to 2020 allocation will be funded for their full lifetimes, to repeat the point that I made to my right hon. and learned Friend. The changes that the draft instruments make ensure that payments can continue to be made to agreement holders, using domestic funding in place of EU funding. That will provide certainty to individuals and businesses who receive development funding or who are considering applying for funding during the current 2014 to 2020 programming period.

The draft Rural Development (Amendment) (EU Exit) Regulations 2019 amend the EU regulation that provides the general rules and structures that govern support for rural development, provide payments to be made to agreement holders and lay down rules on programming, networking, management, monitoring and evaluation. That includes the countryside stewardship and environmental stewardship schemes, which improve the environment; the countryside productivity fund, which supports productivity improvements in farm and forestry businesses; and the growth programme, which supports rural business development, food processing, tourism and broadband. Let me give examples of the sort of projects that the latter two funds might support. The countryside productivity fund might fund a fruit-growing business to increase the storage capacity of a reservoir to include water security during the summer months. The growth programme might support a company that grows salad leaves and specialist vegetables to invest in new equipment to keep up with demand and grow the business.

The draft Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 amend the implementing and delegated provisions made under the main rural development EU regulation. They also amend four implementing decisions that approve the rural development programmes for each of the devolved Administrations. We are omitting powers to submit and implement an information and publicity strategy, and actions relating to it. That includes the requirement for agreement holders to publicise EU participation. We have all seen the big billboards around the country where EU funding has been used. As we are no longer using EU funding, putting up those big billboards, with those blue flags with yellow stars on, will no longer be a requirement. I am sure that that will be a great relief to many of those travelling around the country, and will emphasise that we have left the European Union.

I emphasise that the instruments remedy deficiencies in the regulations that are a direct result of the UK leaving the EU, to ensure that they continue to operate effectively when we leave. They do not introduce any new policy, and simply preserve the current regime for supporting rural businesses and environmental land management, among other things. The amendments include omitting redundant references to the European Commission and member states, and replacing them with either the UK or the relevant authority as appropriate. The instruments also make references to “Union law” throughout, so that the relevant EU regulations continue to operate effectively as part of national law. Provisions that are deficient because they are time limited, under which the relevant actions have occurred, have also been omitted—such as the provisions relating to ex-ante evaluations that have already been completed.

One purpose of the modifications is to ensure continuity and clarity regarding which public bodies have responsibility towards the programmes. The obligations and discretions placed on member states will continue to be exercised after exit by relevant authorities in the UK. In this context, “relevant authority” means the Secretary of State in relation to the rural development programme for England, Scottish Ministers in relation to the rural development programme for Scotland, Welsh Ministers in relation to the rural development programme for Wales, and the Department of Agriculture, Environment and Rural Affairs in relation to the rural development programme for Northern Ireland, where we do not currently have an Administration operable.

As hon. Members are well aware, agriculture is a devolved policy area, and is of special importance for all parts of the UK. We have worked closely with the devolved Administrations to produce the instruments, and they place great importance on them. They have given their full consent for them.

I repeat that the statutory instruments are required for the continued operation of the rural development programmes. Without them, there will be no legal powers to make payments to fulfil the promises that those important programmes will continue.