Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Baroness Hayman of Ullock Excerpts

Wednesday 13th December 2023 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

At end insert “but that this House regrets that the draft Regulations 2023 will revoke Basic Payment Scheme cross-compliance provisions regarding environmental, animal welfare and other standards before a new compliance scheme has been completely established; and notes the risk of (1) regulatory gaps, and (2) increasing uncertainty for farmers and landowners.”

[Baroness Hayman of Ullock (Lab)]

My Lords, the Minister has explained clearly in his introduction that the draft regulations propose to introduce the delinked payments to replace direct payments, so I will not go into the detail of that. They also propose to revoke the law relating to the basic payment scheme, including the associated cross-compliance requirements, which is what much of our discussion will be about. The delinking of agricultural payments was clearly advertised in the agricultural transition plan, so this is no surprise to anybody. We also believe that it is a necessary step to move to a new, fairer system of payments based on the principle of public money for public good, so we will not oppose this instrument.

However, I have brought forward the regret amendment because I am concerned, as is the Secondary Legislation Scrutiny Committee, about whether all relevant cross-compliance requirements that will be revoked by this instrument are replicated fully in domestic legislation, and whether there will be any regulatory gaps. Existing cross-compliance policy is being removed prior to the complete establishment of the new regulatory framework, yet some elements of the new compliance regime are still work in progress, and other cross-compliance requirements will be set out in guidance, codes of practice or, indeed, incentive schemes. To us, this raises questions as to whether they can be enforced as effectively as the current statutory requirements. Is the Minister confident that this will be the case?

Regarding concerns about the regulatory gap related to the legacy payments element of the changes, Defra has stated, as the Minister has just assured the House, that the majority of rules under cross-compliance are already in domestic law. We suggest that this still means that, with the removal from 1 January, there will be regulatory gaps across hedgerows, soil cover and watercourse buffer strips that will not be covered by the farming rules for water. We are also concerned that it risks enforcement gaps on compliance with regulations, such as the domestic public rights of way, that benefit from the conditionality for payments. Again, that falls away from 1 January.

I acknowledge that Defra has made some really good progress on hedgerows. There was a consultation on new protective requirements in summer 2023, but this has not been undertaken in sufficient time to prevent the regulatory gaps between 1 January next year and the enactment of additional protections. We also do not believe that the consultation on hedgerows was expansive enough to cover other gaps in cross-compliance such as soil and watercourses protection. In its August response to the SLSC, Defra notes that there are existing measures to provide ongoing protections, but there have been continued delays, lack of clarity and uncertainty, and we believe that these undermine the potential effectiveness of these measures.

I will briefly look at the impacts if these gaps are not dealt with. From January, agriculture hedgerows will be left unprotected from inappropriate management, removing the obligation to leave a buffer between hedgerows and cultivated areas and to cut only outside bird nesting season. Our concern is that this could endanger threatened hedgerow-reliant farmland species—the corn bunting springs to mind—and risk carbon release through hedgerow damage.

I am aware, as I said, that Defra has consulted on the gaps relating to hedgerow protection, but it has not yet introduced the provisions to avoid any potential damage next year, including during the bird breeding season. Defra has said that there are no other gaps, but this has been disputed by a number of groups, including in a report produced by the Institute for European Environmental Policy, which also points out:

“It is notable that many of the identified gaps (i.e. in relation to soil management) have implications for water pollution”.


I am sure that the Minister would not want to see further water pollution.

That brings me on to rivers. There will no longer be a requirement to create buffers that protect rivers and streams from agricultural pollution or to keep a farm map that marks water sources, apart from in the nitrate-vulnerable zones. We are concerned that this could expose already overloaded watercourses to increased nutrient and chemical pollution and, again, further have the impact of degrading habitats and wildlife.

Finally, most requirements to prevent soil erosion could also be lost, with only minimal protection afforded by the farming rules for water. Removing the obligation to keep green cover such as crops and grass on soils over winter risks increasing the amount of soil lost through wind erosion and leading to degrading overall soil health, on which our farmers depend. Many of these domestic standards are guidance and voluntary frameworks that do not apply to all farmers, so we do not consider them to be appropriate replacements for enforceable rules under regulatory conditionality. We are also concerned that an unlevel playing field will be created between farmers, with a risk that those who comply with voluntary standards are then disadvantaged commercially.

--- Later in debate ---

[Lord Benyon (Con)]

I thank all noble Lords for their valuable contributions today. I will try to respond to all the points raised. I welcome that there seems to be unanimity of understanding that we need to make the transition we are making. That is of great comfort to the farming community. Regardless of the electoral cycle, there is a basic understanding that the payment system under the common agricultural policy had malign incentives.

As has been said, I have just come back from COP, where one of the things we were trying to do was remove the malign incentives and malign subsidies on production and move more towards incentives that will support nature and carbon sequestration, and lower carbon and greenhouse gas emissions. What the Government are trying to do is very much in that context. At the heart of that is having a farming sector producing food of high quality, in a regulatory framework it can understand, and which trusts the sector to make the right choices, but which also has a regulatory framework for the odd occasion that someone does break the rules. I will come on to talk about that in more detail.

As I have said exhaustively at this Dispatch Box, this Government have set rigorous targets on nature restoration. By 2030, we will see no net loss of species in England. That is in our environmental improvement plan; it is written into law. That is something we are determined to achieve. Six years is a heartbeat in nature, and we have set ourselves a target that is stretching but possible. We will not achieve it, even if we double the number of people employed in our agencies and double the amount of money available for regulation, without working with the farming community. They are the people who will deliver the reversal of the decline of species and deliver on so many of our targets.

We think now is the right time to introduce delinked payments. By 2024, we will be over half way through the agricultural transition period, during which direct payments in England are being phased out. The rules and administration currently associated with the land-based basic payments scheme would be entirely disproportionate. I note that there is an understanding of that in this House.

Replacing the scheme with delinked payments reduces that administrative burden for farmers and, undoubtedly, a serious burden for the taxpayer. The basic payment scheme did little for food production. In fact, decoupling of payments from food production took place over 15 years ago. Delinking will free up farmers to focus on running their businesses and feeding the nation while protecting the environment. It will have no impact overall on the food security of our country. The Government committed to broadly maintain the current level of food we produce domestically, in the food strategy White Paper published in June 2022. We want to see our food security increase and the proportion of food we consume that is produced here increase. The next UK food security report, which will include updated information on where food consumed in the UK is produced, will be presented to Parliament by the end of 2024.

I would also say that the basic payment scheme did little to encourage farmers to take meaningful environmental action. The introduction of delinked payments and the end of cross-compliance is a further step in directing government spending in England to deliver more environmental benefits through our new farming schemes. When cross-compliance in England ends, farm standards will be maintained. Existing regulations will continue to protect the environment, animals and plants, and we have consulted on new hedgerow protections. We will continue to assess the impact of farming activities on the environment.

We are working closely with regulators to make sure that the regulatory system is fair, more supportive and effective at changing farmers’ behaviour. For example, the Environment Agency has been working with farmers to support them back to compliance, expanding from around 300 visits per year to over 4,000 from 2022-23. We have also written to all basic payment scheme applicants so they are clear on the need to continue to meet farm standards when the cross-compliance system ends. The rules they need to meet are on the “Rules for farmers” page on GOV.UK.

I will come back later to the point the noble Baroness, Lady Bakewell, raised about whether this was going to see an inexorable move to larger farms, but the basic payment scheme did nothing for small farmers as over 50% of the money went to 10% of the largest farmers. If anything, it has seen that drift away. We feel that the system can now support small farmers and that they will have a continuing vital role. Whether they own the land or rent it—as was raised by my noble friend Lady McIntosh—they will have a future in our farming sector.

Our expanded 2023 sustainable farming incentive has attracted over 15,000 expressions of interest and, in the two months since the application window opened for the 2023 scheme, there have been over 4,000 applications. This is more than were submitted in the whole of last year. Now with over 32,000 agreements, a 94% increase since 2020, our Countryside Stewardship scheme continues to be popular. This shows that our schemes are working for farmers and delivering for the environment. The first round of our landscape recovery scheme had 22 schemes and 34 schemes are shortlisted for our second round, many of them having food production at the heart of what they seek to do.

The noble Earl, Lord Peel, raised an important point about standards, and I will come on to talk about that. I know that the way he manages land knocks the environmental improvement plan targets out of the park by precisely the kind of management we want right across the country. It is vital that he and others understand that these standards will be maintained. In response to a point raised by the noble Baroness, Lady Hayman, I say that compliance with farm standards will be monitored by the existing statutory bodies. We are working with the Environment Agency to support farmers to undertake farming activities in a way that minimises risks to environmental outcomes; with Natural England to help farmers protect and enhance protected sites and biodiversity; the Rural Payments Agency and the Animal and Plant Health Agency to protect the health of our plants and animals and to maintain biosecurity; and the Forestry Commission to help farmers protect and enhance our trees and woodlands.

Hedgerows have been mentioned in this debate. There are existing legal protections for them outside of cross-compliance. The Hedgerows Regulations 1997 prohibit the removal of countryside hedgerows without first seeking approval from the local planning authority. The Wildlife and Countryside Act 1981 contains protections for nesting birds—precisely the point that the noble Baroness raised. We have also recently consulted on the best way to maintain and improve protections after the end of cross-compliance, as well as our approach to enforcement. We will shortly publish a document summarising responses, including our next steps.

It is worth noting that in many areas there are now more hedgerows than there were before farmers got paid to take them out, in the 1970s. In our lifetime, that extraordinary perverse incentive in a drive for production is now being reversed, mainly driven by schemes, whether Countryside Stewardship or others. We are seeing farmers planting hedgerows on a grand scale—and they are vital for carbon sequestration and biodiversity.

The farming rules for water will continue to protect watercourses. This includes provisions for not applying fertilisers and manure 2 metres from a watercourse. The Code of Practice for Using Plant Protection Products also requires land managers to not apply pesticides within 2 metres of a watercourse. Furthermore, the Environmental Protection Act 1990, the Water Resources Act 1991 and the Environmental Permitting (England and Wales) Regulations 2010 protect against a land manager causing water pollution.

Our domestic farming rules for water require farmers to take reasonable precautions which prevent soil erosion, such as establishing cover crops and grass buffer strips. This helps to prevent or limit agricultural diffuse pollution of inland or coastal waters from farming and horticultural activities. Added to that, the sustainable farming incentive scheme rewards farmers for sustainable farming practices. This includes introducing herbal leys and grass-legume mixtures or cover crops that help to provide soil cover and prevent soil erosion by binding the soil, in a way that perhaps was not happening before.

The question of an impact assessment was raised, but one has not been prepared for this instrument because it is not a regulatory provision. However, the Government have already published evidence providing in-depth assessments of the impacts of removing direct payments and assessments of delinking. This includes the farming evidence compendiums published in 2018 and 2019, and our 2018 assessment of the impact of removing direct payments. We also published 2021 and 2022 Agriculture in the UK evidence packs.

A very good question was also raised about public money going to farmers who are not actually farming. Delinking the payments from the land means that there will be no requirement to continue to be a farmer to receive the payments as they are phased out. However, the vast majority of delinked payment recipients will continue to farm. Delinking the payments will benefit those who continue to farm, as well as those who choose not to. For example, recipients will not have to worry about the basic payments scheme land eligibility rules and associated paperwork. When farmers choose to leave the industry, this should create opportunities for other farmers who wish to expand and for new entrants.

It is vital to make this point. A few years ago, the average farmer was me. My friend the Farming Minister Mark Spencer burst out laughing when I said that, and he said, “No, you are not the average farmer”. What I meant was that I am 63. But actually, in recent years, that age has started to fall, and it is a welcome fact that we are now seeing a younger and more dynamic group of people starting to look at farming as a career. We need to assist that.

We have a new entrant scheme. We are working hard to see whether we can develop that hand in glove with an exit scheme that assists those who feel that the new world is not for them. They need to be allowed to retire with dignity and to feel that their contribution has been made but now is the opportunity for new ideas, new techniques and new innovations to come in. Our farm innovation grants, new entrant schemes and much of the support that we are providing are targeted at those groups of people who want to see a sustainable, profitable farming business in their lives. That is what we are trying to do.

We are developing our new scheme so that there is an offer for all farm types, including smaller farms. I have already stated why the system that we are moving away from militated against smaller farms. For example, there is no minimum amount of land that can be entered into the sustainable farming incentive. From January 2023, we introduced a new management payment for the sustainable farming incentive which gives £20 per hectare for the first 50 hectares and supports the administration costs for entering the scheme.

I have done my best to address the points that have been raised, and I hope that I have answered the point about a regulatory gap. There is plenty of provision to make sure that the small minority of farmers who break the rules are still able to be sanctioned. Where we think there may be a gap, and to be absolutely sure, we are very happy to have a belt-and-braces approach—for example, in the protection of hedgerows—and we will make those changes if they are necessary. We want to work with the farming community and want to see farmers succeed in an environment of trust that allows them to run their businesses in a way that has the least impact, compared with the bureaucratic systems that have operated hitherto.

Introducing delinked payments is an important milestone in our agricultural reforms. It reaffirms the Government’s commitment to move away from untargeted subsidies and to continue with our planned reforms, which will better support farmers and the environment. I commend these regulations to the House and hope that I can persuade the noble Baroness not to press her regret amendment.

[Baroness Hayman of Ullock (Lab)]

My Lords, I apologise, as I should have declared my interest as president of the Rare Breeds Survival Trust at the start of the debate. I thank all noble Lords who have taken part and thank the Minister for his very thorough response. I also congratulate him on his resilience and commitment in coming straight from COP to this debate.

I beg leave to withdraw my amendment.

Amendment to the Motion withdrawn.

Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

Baroness Hayman of Ullock Excerpts

Wednesday 6th December 2023 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this statutory instrument. As he indicated, these regulations cover businesses which are exempt from paying fees to Defra and the Forestry Commission for pre-export and export certification services for products of animal origin and phytosanitary certification for regulations of plants, plant and wood products and other material between England and Northern Ireland. The current fee exemption expires at the end of this month.

This SI is straightforward and will ensure that the movement of goods between England and Northern Ireland continues to run smoothly without the need for cumbersome paperwork and the payment of fees. Apart from removing the expiry date for the current legislation, there is no other change to the movement assistance scheme. The Scottish and Welsh devolved Administrations, having been consulted, plan to lay parallel legislation to amend their devolved fees legislation.

I support these regulations and have a couple of questions. As there was no significant alteration to the SI, no formal consultation took place. I understand this, but will the Minister say what form the informal stake- holder engagement took? The Explanatory Memorandum indicates that this engagement was strongly supportive of the proposed extension, so it would be useful to know just how it took place. I note that a new date of termination of 2025 has been inserted into the EM and I assume that, when we get to that date, the fee exemption might possibly be renewed. Can the Minister confirm this?

Lastly, paragraph 13.2 of the EM states:

“This instrument applies equally to all businesses trading in regulated plant health material between England and Northern Ireland, including small businesses. The costs associated with this trade are not mitigated by the size of the business”.


Does this mean that where costs are incurred they are not proportionate and that small businesses will pay the same as large businesses? I would be grateful for clarification. Apart from these small queries, I am happy with this SI and its provisions.

[Baroness Hayman of Ullock (Lab)]

My Lords, we support this statutory instrument. I do not think there is any reason for me to repeat why it is required; that was ably introduced by the Minister and referred to by the noble Baroness, Lady Bakewell.

It is important that intra-UK trade is effectively maintained, which this instrument is designed to do. I was pleased to see that Scotland and Wales plan to make parallel legislation; it is important that the devolved Administrations are consulted and move forward with the Government here.

I have one question of clarification for the Minister: why did the extension have to be made? Do the Government believe there is going to be a competitive disadvantage to UK exporters or internal UK suppliers from the fees being applied or do the Government just need more time to get everything ready? It would be useful to understand the reasons for the extension date but, beyond that, we are happy to support this instrument.

[Lord Benyon (Con)]

I thank both the noble Baronesses for their interest in this issue and their support for this measure. As I described earlier, the amendments in the Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023 are being made to provide an exemption from the payment of fees for certification services where goods are moving from England to a business or private individual in Northern Ireland. The purpose of this instrument is to ensure that trade between England and Northern Ireland is not subject to additional plant health costs until 1 July 2025, giving businesses time to adapt to the new movement routes now available thanks to the Windsor Framework.

The noble Baroness, Lady Bakewell, asked about renewal in 2025. That will of course be a key decision for the Government of the day, who will examine the very facts that I hope respond to the question from the noble Baroness, Lady Hayman, about the purpose of this exemption. Its purpose is to facilitate trade and make it as easy as possible. While the progression from the Northern Ireland protocol to this new Windsor Framework arrangement is being made, we want to resolve as many impediments to trade as we can. As has been said, the movement assistance scheme is extremely popular. Why would it not be? It means that people do not have to pay more money. We want to make sure that we operate as fairly as possible and that people in Northern Ireland can get access to goods as easily as people anywhere else in the United Kingdom.

On the question about consultation, Defra undertook a programme of consultation with its certification and testing delivery partners, including the devolved Administrations, local authorities in England, the Animal and Plant Health Agency, the Forestry Commission, the Soil Association, trade bodies such as the Organic Food Federation, and others. Each organisation reported overwhelming support for the extension among its members and users. Defra also meets frequently with organisations from the whole Northern Ireland agri-food supply chain regarding the implementation of the Windsor Framework. They have also welcomed the extension of this scheme.

From its commencement in 2021, the purpose of the movement assistance scheme has been to support transition to the negotiated end state by maintaining frictionless trade between mainland Britain and Northern Ireland. The scheme achieves this aim by defraying costs of certification and other requirements of the new trading environment, as described by the Windsor Framework and, previously, the Northern Ireland protocol. Delivery of improved SPS inspection facilities, which I visited in Belfast, plus new digital certification solutions will replace direct financial assistance and maintain trade from Great Britain to Northern Ireland.

As I have outlined, the regulations extend the exemption from the payment of fees for phytosanitary certification services where goods are moving in the direction I described. They ensure that the current policy for intra-UK trade is maintained without an additional financial burden to businesses—that addresses a key point that the noble Baroness, Lady Bakewell, raised—relating to certification services provided by Defra and the Forestry Commission.

English Flood Defences

Baroness Hayman of Ullock Excerpts

Thursday 30th November 2023 Lords Chamber

[Lord Benyon (Con)]

This is going to come as a shock to my noble friend but I am not going to agree with her first point. If we say that we will not build on flood plains, that means no new houses in Leeds, London and many of our other major cities. What matters is not whether you build on flood plains but how you build. I was in the Netherlands last week, hearing about houses that are actually flood defences. There is so much successful building on flood plains around the world. There are also some fantastic examples in this country from the last 50 years of how not to do it. I urge caution when saying that we should not build on flood plains. We have increased the funding for maintenance of defences by £22 million per year, and are supporting farmers and others in their work to keep our homes from flooding.

[Baroness Hayman of Ullock (Lab)]

My Lords, despite the Government doubling their capital funding in England to combat flooding, we know that a quarter of new flood defence projects will not be going ahead. The Environment Agency has blamed inflation for these cuts, as the Minister acknowledged earlier. A shortfall in the agency’s finances means that it cannot keep flood protections to the required condition to protect homes. Due to this inflation, the EA is now £34 million short of its expected budget. How will the Government make up this shortfall?

[Lord Benyon (Con)]

As the noble Baroness says, we have put record amounts into flood protection through the Environment Agency—£5.2 billion from 2021-27, which is a doubling of the investment. Additionally, there is an extra £200 million on maintenance, a £22 million increase in the maintenance fund this year and the Environment Agency is conducting a review, expecting around 69,200 high-consequence assets, of which 63,700 are at the required condition. We are not complacent. We recognise that there is an increased threat from flooding, as there is from a variety of extreme weather conditions. We have made this a priority for government and will continue to support the Environment Agency with what it needs to keep our homes safe from flooding.

Wine (Revocation and Consequential Provision) Regulations 2023

Baroness Hayman of Ullock Excerpts

Monday 27th November 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend the Minister for presenting the regulations before us this afternoon; overall, they are a very positive contribution to the wines and spirits industry. I declare my interest: I chair the Proof of Age Standards Scheme board, of which the wines and spirits trust is a member. I was very grateful for its briefing as part of my preparations for this afternoon.

I have just a couple of questions for my noble friend. While it is welcome that the regulations will benefit both consumers and indeed the wine industry, my noble friend mentioned that there are one, if not two, further statutory instruments to come before the House in the next six months. Would it not have been better to do all three statutory instruments together? I understand that the Secondary Legislation Scrutiny Committee, which prepared a report in advance of the regulations being laid before us this this afternoon, expressed concern about the lack of a uniform approach and level playing field across Great Britain, and the way the department has introduced and promoted the instrument.

I welcome my noble friend’s having reached an agreement between the department and the Welsh Government. Can he tell us the status of the agreement between his department and the Scottish Government in that regard? Also, it is particularly welcome that, as my noble friend said, only one label will be required, so we are in fact restoring the situation that existed before Brexit. It looked at one time as though two labels would be required on one bottle, one for consumption in the EU and one for consumption in the UK, and it is very good news indeed that these labelling changes have gone ahead in such a sensible way.

With those few remarks, can my noble friend explain the thinking behind having one statutory instrument before the House now, with two to follow in short order? Also, can he explain the precise situation with the Scottish Government regarding the instrument before us this afternoon? However, I welcome these regulations.

[Baroness Hayman of Ullock (Lab)]

My Lords, we have spoken previously about similar reforms. There was an SI in 2021, for example, and during that debate we on these Benches said that it was important that the Government work with, rather than against, the industry as they continued to make the reforms. So, these regulations are welcome, and it is good that the Minister in his opening remarks confirmed that the department has been working constructively with the industry. We note that the industry has been very supportive of the regulations before us today. Clearly, that support is good and welcome, and there are many positives in what the regulations lay out.

However, the Secondary Legislation Scrutiny Committee laid out pretty lengthy concerns, which need addressing. They were largely about the operation of the internal market and, as the noble Baroness, Lady McIntosh of Pickering, mentioned, in particular the Welsh and Scottish Governments, who signalled opposition to the changes. I note that the Minister talked about moving forward with the Welsh Government, but the noble Baroness made important points about the situation regarding Scotland, so I would be interested to hear his response to those concerns.

Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

Baroness Hayman of Ullock Excerpts

Monday 27th November 2023 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023 were laid before Parliament during the prorogation period and are due to come into force before the House has sufficient time to scrutinise them following debate on His Majesty’s Most Gracious Speech; notes the lack of public consultation on the policy implemented by the regulations; and calls on His Majesty’s Government to outline whether and how they expect the existing backlog of applications relating to unregistered rights of way to be cleared before the deadline contained in the regulations.

Relevant document: 1st Report from the Secondary Legislation Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I have laid my Motion to Regret because I believe that proper records of our public rights of way are so important. We know that public rights of way encourage recreation and tourism. In my county of Cumbria, they generate much-needed income in a very rural area. They are also an integral part of our heritage. We also learned, particularly from Covid, of the important role that being in the countryside has in the prevention of ill health, improving well-being and reducing loneliness.

The National Parks and Access to the Countryside Act 1949 first required local surveying authorities, which are now the county councils and the unitary authorities, to prepare official records of public rights of way. However, the problem has been that those records are incomplete. The Ramblers has provided research—I thank it for its briefing—which suggests that there may be as much as 41,000 miles of unrecorded historical public rights of way in England.

The Countryside and Rights of Way Act 2000 included provisions for a cut-off date of 1 January 2026 for registering those rights of way. That was subject to some exemptions, after which any remaining unrecorded paths would be lost. The purpose of the regulations we are debating today is to move that cut-off date from 1 January 2026 to 1 January 2031. My Motion regrets that the regulations were laid before Parliament during the Prorogation period, which we consider to be pretty poor form. They are also due to come into force before, we think, the House has had sufficient time to scrutinise them, which is why I wanted the debate today, as much of our time since Prorogation has been taken up with the debates on His Majesty’s gracious Speech. Can the noble Lord, Lord Benyon, say why the decision was made to lay the regulations during this time?

My Motion also expresses concerns about the lack of public consultation on the policy that will be implemented by the regulations. Can the noble Lord explain the lack of public consultation on a matter that is clearly of great interest to many people? Finally, my Motion calls on the Government to outline whether and how they expect the existing backlog of applications relating to unregistered rights of way to be cleared before the deadline contained in the revised regulations.

I also express our support for the Motion in the name of the noble Lord, Lord Hodgson of Astley Abbotts, which welcomes the extension of the period for officially recording footpaths but regrets that no permanent solution has been found. I look forward to his comments on his Motion.

Clearly, an additional five years to apply for historical rights of way to be added to the definitive map is welcome, as the process requires extensive and time-consuming research, which we understand has largely been undertaken by volunteers. I would therefore like to speak a little more in detail about our concerns about the current backlog of applications. Estimates suggest that in England there could already be over 10,000 applications currently waiting to be processed by authorities, with some waiting 20 years to be determined. We believe that it is inevitable that the number of applications will increase significantly in the run-up to 1 January 2031.

It is significant that the Secondary Legislation Scrutiny Committee made it clear in its report that Defra should have included information about the local authority backlog in the Explanatory Memorandum and criticised the lack of information about the impact. I draw the attention of your Lordships’ House to one or two of the comments made in that report. First:

“The Explanatory Memorandum … states that there will be no impact on business, charities, voluntary organisations or the public sector”.


However, as local authorities are responsible for assessing and determining the applications, I cannot understand how there can be no impact.

In addition, the report noted that the backlog of applications was likely to increase in the run-up to 2031, as I said. It talked about a submission that had been received from the Open Spaces Society,

“which, while not opposing the Regulations, questioned Defra’s assumption that there will be no significant impact”.

Can the noble Lord explain why it was decided that there would be no significant impact—how was that conclusion reached? The Open Spaces Society suggests that setting back the cut-off date

“will have a very substantial impact on charities and voluntary bodies”.

Regarding local authorities, although the cut-off date cannot be postponed beyond 2031 in general, the provision enables a further postponement, without limit, in relation to the former county boroughs, which were excluded from the operation of Part IV of the National Parks and Access to the Countryside Act 1949. That duty was given to them only by the Wildlife and Countryside Act 1981. The Countryside and Rights of Way Act 2000 clearly envisaged that it might be necessary for those places to be granted a longer period to prepare their maps, but this opportunity has not been taken.

I mentioned my county of Cumbria, where I was a county councillor. We have an enormous number of footpaths that need to be managed and recorded. Why has no provision been made for a later cut-off date in relation to the county boroughs? How do the Government intend to support the work of local surveying authorities and the voluntary sector to make progress in researching, submitting and determining applications? This is a huge amount of work.

--- Later in debate ---

[Lord Benyon (Con)]

This was a product of an Act that was passed many years ago. There was a cut-off date of 2026 to give certainty, because otherwise this will roll on and on. It is also for people to be able to understand the complications in certain areas, such as biosecurity and safety. In the past, many footpaths went through farmyards, which are now not safe places for walkers to go, so this is also to be able to divert those paths to where they are safe, and protect stock from issues related to that. But the key point is about creating certainty; that is what we seek to do. By 2031, we should be able to get most of those historic rights established. I hope I have been successful in getting that point across, but I am happy to follow this up with meetings or further correspondence with noble Lords.

We recognise the benefits that our rights of way reforms will bring, and are working to complete and lay the necessary secondary legislation as soon as we can. Officials will continue to work closely with key stakeholders, including Members of this House, to ensure that all sides will benefit from these reforms.

The noble Earl, Lord Russell, raised a point about the cut-off date; there are approximately 4,000 applications for definitive map modification orders waiting to be determined by local authorities, most of which are applications to recorded historic rights of way. We expect the volume of applications to increase up to the cut-off date, which is why we have committed to ensuring that all applications remain live after the cut-off date until they are concluded—a key concern of the noble Lord, Lord Rosser. The reforms we are introducing will help to address the backlog, making it faster and less expensive to resolve historic rights of way applications. Commencing and extending the cut-off date now has provided certainty to all parties, both that the cut-off date will have effect and over when it will apply. By extending the date to 2031, we have provided an additional five years to submit these applications. We fully recognise the importance of regulations specifying exemptions from extinguishment, and we are committed to introducing these as soon as possible.

The noble Earl, Lord Russell, asked about the additional financial burden. I think I have addressed that. This will be a continuing concern for local authorities. We recognise that, but we hope that there are existing resources available to suit this. The noble Lord, Lord Rosser, asked how many local authorities are affected. All local authorities in England are affected—all 317 of them. The stakeholder working group meets monthly and has all parties of interest attending. It is chaired by a senior Defra official, and Ministers take close interest in what they bring forward and have been key to the debate surrounding this.

I recognise that a great many other points were raised. I do not believe I have the opportunity to answer them all in detail, but I will reply in letter form, if I may. I thank noble Lords for their attention. I hope that what I have said has persuaded the Members who tabled these Motions of this Government’s commitment to greater access and to seeing historic paths recorded.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords who took part in the debate. I particularly welcome my noble friend Lord Rosser, and listened to him speak with such passion and authority today.

When the Minister started, I thought perhaps he had listened to the debate and seen the light, as he seemed so keen on rights of access and preserving public rights of way. It was disappointing that he then went on to not acknowledge the challenges facing local authorities and voluntary groups to manage the task ahead of them. On the consultation point, I recognised in my speech that the cut-off date could not be postponed beyond 2031, but consultation does not have to be just about timing. It could have looked at exemptions and resources, and considered that as part of a wider consultation on the matter. But I hope the debate will enable the Minister to focus on the task ahead and keep a close watch on progress, because that is what we all want. Having said that, I beg leave to withdraw my Motion.

Motion withdrawn.

Food and Biological Security: Agricultural Fungicide

Baroness Hayman of Ullock Excerpts

Thursday 23rd November 2023 Grand Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for bringing us this debate today. We have heard a lot about how fungicide infections have an impact on humans—it is a huge global problem—and about the environmental impact of the use of fungicides.

The noble Baroness, Lady Walmsley, talked about the importance of protecting pollinators and soil, and the damage that can happen if we are not careful. Fungicides can affect the gut microbial fauna of invertebrates, and honey bees are a classic example of that. But we do not have enough information about the impact on other pollinators, so it would be interesting to know whether the Government plan to do any more research in that area. We have also heard about the difficulties of fungicide resistance and the resulting impact on infection in humans. I am sure that the Minister is very aware of the issues around run-off into freshwater environments; we have had many debates about that, and fungicides and pesticides are part of that issue.

To think further about how pesticides affect people indirectly through the environment, farmers are not required by law to notify people when spraying is taking place. We know that this is best practice, and voluntary initiatives encourage it. Most farmers do it, but we also know that the health impacts from dietary exposures to pesticides are unclear. Again, it would be useful to know what the Government do to check how many farmers do not comply with that, given that it could have an impact on health. The European Environment Agency has looked at links between human exposure to chemical pesticides and increased risk of various chronic illnesses. I know that it comes more under health than Defra, but this is an important thing to be aware of.

The noble Baroness, Lady Bennett, went into some detail about the concerns that have been raised around serious fungal infections in humans—the noble Baroness, Lady Walmsley, talked about that—and the impact of potentially undermining the new research and new treatments if something similar is then introduced into agriculture. So it is important that the Government assess the feasibility of ring-fencing certain mechanisms so that fungi in the field are not exposed to the same types of chemicals that are used clinically—the noble Baroness put that point across extremely well.

I also support the noble Baroness, Lady Bennett, as did the noble Baroness, Lady Walmsley, on pausing the approval of ipflufenoquin for use in UK agriculture until more research has been done on the implications for cross-resistance, for example. The noble Baroness, Lady Bennett, also talked about the importance of developing a risk management framework to evaluate the likelihood of cross-resistance, which again we would support—it needs to happen before antifungals are approved for use—as well as the importance of further research funds so that we know we have safe, effective treatments going forward for both humans and crops.

I want to ask the Minister about the UK National Action Plan for the Sustainable Use of Pesticides. We know that its review is a statutory requirement and that publication was scheduled for spring last year, but we have not had an update since December 2021. The Government have also said that the revised plan would have due regard to the environmental principles policy statement that was published following the Environment Act 2021.

In September the Government said that the UK was committed, as a party to the UN Convention on Biological Diversity, to meet a global target to

“reduce the overall risks from pesticides and highly hazardous chemicals by at least half by 2030, as agreed at COP15”,

and added that the Government would need to

“update and submit its National Biodiversity Strategies and Action Plans by the 16th Conference of the Parties to the UN Convention on Biodiversity”,

which is due to be held next year. It would be very helpful if the Minister could provide an update on what is happening in these areas.

Finally, the noble Baroness, Lady Walmsley, talked about the decreased environmental impact and the fact that usage is coming down. I want to ask the Minister about integrated pest management—I thank CropLife UK for its briefing on this. CropLife has asked for the expansion of the adoption of the IPM—the integrated pest management strategy—and apparently it is expected in the upcoming national action plan. Again, it would be very useful if the Minister was able to update us on that.

UN Biodiversity Conference: COP 15

Baroness Hayman of Ullock Excerpts

Thursday 12th January 2023 Grand Committee

[Baroness Hayman of Ullock (Lab)]

My Lords, I too thank the noble Lord, Lord Randall, for securing this debate. We would have had a Statement to discuss otherwise, so it is important that we are addressing this issue. I agree with the noble Lord that the Minister is genuinely committed and works hard on environmental matters. It is good to see him here.

The noble Lord, Lord Randall, clearly laid out all the pressures on our wildlife and his reasons for bringing this debate forward, so I will not go through the different goals in any detail. He and my noble friend Lord Howarth went through them. However, I agree that not enough work has been done on the importance of the Dasgupta review. My noble friend Lord Howarth also made the important point that COP 15, compared with COP 26, was very much passed over. What do we do about this? How do we, as parliamentarians, work with the media, for example, and within ourselves, to raise awareness of the challenges that biodiversity is facing and how important it is to tackle this alongside climate change, which is discussed so often?

I was really pleased that my noble friend Lord Howarth mentioned the disaster in the Tees. The Government must do more work on this. I hope that the Minister has some positive things to say on how we will move forward and ensure that such a disaster does not happen again.

Turning to the GBF, which is what is mainly being discussed following COP 15, the reaction to it was mixed. Two particular issues came up. First, there were concerns that the final text was forced through. According to a Guardian article, the Chinese President appeared to force it through moments after the Democratic Republic of the Congo’s Environment Minister said that her country would not support the final text. The DRC objected to it because the GBF did not create a new fund for biodiversity separate from the existing UN fund, the GEF. The Chinese President’s interventions were reported to have then prompted further objections from Uganda and Cameroon.

These were all dropped afterwards but it does show that there are serious tensions in a conference such as this. Carbon Brief also said that there were tensions between the developed and developing countries regarding developed countries wanting to increase ambitions while developing countries needed assurances about sufficient resources. The noble Lord, Lord Randall, talked about money and resources to deliver. The Minister has experience in this, so it would be very helpful to understand better those tensions and whether they are any kind of threat to delivering on decision-making as we go forward, and to understand how we manage those competing interests between developing and developed countries.

Secondly, concerns were raised about the impact of the GBF on indigenous people’s rights. Target 3, the 30 by 30 deal, states that 30% of terrestrial inland water, coastal and marine areas must be conserved and managed by 2030 through systems of protected areas and conservation measures that recognise indigenous and traditional territories where applicable. Some felt that this was simply not strong enough. Amnesty International, for example, said that it believed that this threatened the rights of indigenous peoples by failing properly to recognise their lands and territories as a separate category of conserved area. Amnesty International’s adviser on this said that it only partly acknowledged indigenous people’s outstanding contribution to conservation.

Certainly, when I was at COP 26, there was a very strong presence of indigenous peoples there. I was not at COP 15, but I would assume that the same was the case. I would be very interested to hear the Minister’s thoughts on this and on whether he believes that more needs to be done in this area. If so, how would we go about it? If not, how do we reassure indigenous peoples that we are taking their concerns seriously?

A final concern that I want to raise is that some people have talked about an apparent lack of accountability within the GBF. In particular, a senior associate at PricewaterhouseCoopers UK argued that the GBF lacked “quantifiable measures”. In other words, it is more difficult with the way that it is drafted at the moment to hold countries and Governments to account. Clearly, without that ability to hold countries to account, it is much more difficult to ensure that we deliver on these ambitions. Again, I would be interested to hear whether there is any further work to be done on how you hold countries to account and ensure that action is taken.

Despite having raised those concerns, I think it is very important to recognise the enormous amount of progress made at COP 15 and to praise the GBF for what it is attempting to do and what it wants to achieve. It is incredibly important that, despite the concerns that I have raised, we manage to reach that agreement.

The International Institute for Sustainable Development said that “significant efforts” were now required from all societies and Governments to achieve the framework’s goals and targets. That is true, but it is true only because there is such an ambition within it. It is really important to acknowledge that. I follow the Minister on Twitter and I am aware that he described the GBF as a “huge, historic moment”. He is absolutely right—it is just a matter of how we move forward with this.

The key question now from our perspective is: how do we ensure implementation? My noble friend mentioned what happened at Aichi. We need to ensure that we do not have another failed set of agreements. From a UK perspective, I know that, to try to do this, the Government have committed to publishing a plan setting out how they will implement the GBF. A Written Question was put down in the other place on biodiversity in December and, in response to that, the Minister for Natural Environment and Land Use, Trudy Harrison MP, said that the Government would publish the environmental improvement plan “in 2023”—this year. The Minister said that the plan would

“set out our ambitions and approach to nature recovery”

following COP 15.

The noble Baroness, Lady Walmsley, made some really important points about the loss of biodiversity in the UK and talked about many of the challenges and concerns that have been raised over and over in your Lordships’ House and the other place. She made an important point about how we have failed to properly protect and manage our existing protected sites. That does not send out a very good message for how we are going to take this forward. She particularly talked about SSSIs, which have pretty much failed in recent years. How does our ambition to deliver on COP 15 sit with the missed support and targets that we have had in this country in recent years? She said, very importantly, that we need to lead more strongly in this area. We need to make more progress than we have recently. I know that the Minister is very committed to this, so I would be interested to hear what plans the Government have to genuinely turn this around? We have been disappointed by the Government’s lack of ambition, including in their own environmental targets, which we have only recently seen published.

I want to end by asking the Minister this: when will we see the environmental improvement plan? Will it be truly ambitious? There is cross-party support—the Government have our strong support to deliver on these ambitions. Please, give us something to support strongly.

Water Companies: Borrowings

Baroness Hayman of Ullock Excerpts

Monday 5th September 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My noble friend makes an important point. Although I do not have the numbers at the tips of my fingers, it is very clear that the record levels of investment would not have happened had the sector not been privatised. We would not see anything like that level of investment if we were to renationalise the sector. Of course we care about the manner in which executives are paid, incentivised and all the rest of it, but that is why we are now able, as a consequence of the Act that noble Lords voted through, to require total transparency through Ofwat for the first time, in a way that has been lacking until now.

[Baroness Hayman of Ullock (Lab)]

My Lords, data that has, rather appropriately, been leaked shows that water companies’ replacement of water and wastewater pipes stands at an astonishingly low average of 0.05%, with even the best performers replacing only 0.2% of their network every year. Does the Minister believe that we should be replacing our pipe network slightly quicker than what works out to be once every 2,000 years? With a growing proportion of our pipes failing, and with many over 100 years old, just how bad can water wastage and sewage spillage become?

[Lord Goldsmith of Richmond Park (Con)]

I have to admit that I am not familiar with the leak that the noble Baroness describes, but there are certainly problems with leaks, and not just in government. We have a serious need for investment in the pipe network, which has been made a lot worse by record heat this summer. As noble Lords will know, the heat causes the ground to shift, which imposes significant stress on pipes. A record number of pipes now need to be fixed, which requires investment. But there is a clear obligation, which is associated with very severe penalties for companies not investing in tackling this problem. The Government have been clear that this will remain a priority.

Animal Welfare: Tourist Attractions, Activities and Experiences

Baroness Hayman of Ullock Excerpts

Monday 20th June 2022 Lords Chamber

Asked by

[Baroness Hayman of Ullock]

To ask Her Majesty’s Government when they intend to introduce legislation to ban the selling of attractions, activities or experiences to tourists involving the unacceptable treatment of animals.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, as the Government set out in Our Action Plan for Animal Welfare, we are committed to promoting high animal welfare standards, both at home and abroad. We want to ensure that money from tourists from this country is channelled towards animal experiences abroad that practise the highest welfare and conservation standards. The Government remain committed to exploring available options in order to prohibit the advertising and offering for sale here of such unacceptably low-welfare activities involving wild animals.

[Baroness Hayman of Ullock (Lab)]

I thank the Minister for his response, but Save the Asian Elephants has identified some 1,200 companies in the UK promoting 300 unethical elephant attractions overseas. Can the Minister say exactly when the Government will keep their promise to ban the sale of these experiences, which are based on appalling cruelty?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, the Government very much appreciate the work that that organisation has done and share the view that numerous attractions, many of them advertised here in the UK, involve really appalling levels of cruelty. It is not just about cruelty to animals; there have been human consequences as well—for example, as the organisation has highlighted and as the noble Baroness knows, the death of Andrea Taylor in 2000 at an attraction in Thailand was linked to the abuse of the elephant in question. The Government are committed to the principle behind this measure, and that has not changed. We have not identified the legislative route, but, with the noble Baroness’s help, I am sure that we will.

Fur: Import and Sale

Baroness Hayman of Ullock Excerpts

Tuesday 14th June 2022 Lords Chamber

[Lord Goldsmith of Richmond Park (Con)]

My noble friend will understand that I cannot go into the details of what legislation might look like, other than to say that there would be a consultation process and there would almost certainly be exemptions—for example, for religious and cultural reasons. We certainly would not want to prohibit the use of second-hand fur or the repurposing of old products. I can tell my noble friend that Defra policy officials are currently engaging in discussions with the Ministry of Defence on the issue he just raised, and those conversations are ongoing.

[Baroness Hayman of Ullock (Lab)]

My Lords, the promise to ban the import and sale of fur is part of the animals abroad Bill. I do not doubt the Minister’s commitment to this, but it was missed out of the Queen’s Speech. There is cross-party support and clear and persistent public support for banning the import and sale of fur, so can the Minister explain why the animals abroad Bill was not in the Queen’s Speech, and what has happened to the rest of the promises in that Bill?