Agriculture Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

Amendment 76, proposed by my noble friend Lord Dundee, suggests that payments might be greater to those farmers who pursue measures designed to support multiple purposes among those listed under Clause 1(1). The amendment calls for much more clarity from the Government as to how farmers’ contributions to these purposes will be measured and how they will be rewarded, otherwise farmers cannot plan for the future. Clearly they should be given enough information so that they can plan for how their businesses will change from the beginning of next year.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, we have engaged in a long and wide-ranging debate on part of the first clause of this Bill, as tends to be your Lordships’ practice in Committee. The first clause of any Bill sets the tone for the rest of the Bill, and in this case, since agriculture is moving from direct payments under the EU CAP and into UK law, it is quite right that the powers surrounding financial assistance should be at the front of the Bill.

As we have seen from the debate on this group of 36 amendments, there are a range of views about what measures should or should not be included in the list of purposes for which the Secretary of State can give financial assistance. Some 40 Peers have spoken this afternoon, only 20 fewer than took part at Second Reading. The way that Second Reading was organised shut out a list of important Peers from contributing to this debate, and that could have been avoided by spreading the debate over two days. Like other Peers, I believe that the Government have a lot of lessons to learn from that.

The noble Earl, Lord Dundee, and the noble Baroness, Lady Bennett of Manor Castle, feel that the Secretary of State “must” give assistance to all items in the list, and that this should not be left to his or her discretion but enshrined in the Bill. I support that view but there is a question mark over the number of additions that would be made to the list. There is huge uncertainty in the farming community about what is going to happen and how those who manage the land, grow crops, tend animals and produce food are going to make a living. The Bill presents an opportunity to move forward and away from what many saw as the straitjacket of the CAP funding, but this needs to be done in a way that will provide reassurance for all concerned, especially farmers. While I would normally support flexibility as likely to provide the best solution, in this case I feel that “must” is the only way to produce that reassurance.

My noble friend Lord Teverson spoke about the need for the nature recovery strategies to work together with ELMS. I support this view but note the objection to it from the noble Earl, Lord Caithness.

Water management is key to land management. The noble Earl, Lord Devon, would like water removed from the list in Clause 1(1) while the noble Baroness, Lady McIntosh of Pickering, would like to know how flood mitigation will be provided for, how new reservoirs will be funded and whether that will be under the Reservoirs Act 1975. How we make provision for the management of our water resources is key to the success of land management and food production. The noble Lord, Lord Inglewood, made links with the Environment Bill and I support that view; it is key that the two Bills are worked together.

Opposition to Amendment 27, which would take out “native”, has come from several noble Lords: the noble Lord, Lord De Mauley, the noble Baroness, Lady Mallalieu, and the noble and learned Baroness, Lady Butler-Sloss. I support them in opposing the amendment; I think it unwise to broaden the clause.

I was interested in Amendment 7 tabled by the noble Earl, Lord Caithness, regarding growing crops for bioenergy, and others have supported it. However, we should tread carefully here. The spectre of growing bioethanol crops in South America to power domestic vehicles in the West led to the start of the destruction of the rainforest in a gallop to plant palms to provide oil for this purpose. We have all seen the disastrous results of that and the massive loss of habitat of some of the world’s most iconic species. Great care is needed.

Many noble Lords have referred to the very wide range of the Bill, expressing concern that the agricultural budget will be spread too thinly. I would be grateful to hear the Minister’s response on that.

The reduction of air pollution is important and needs to be a thread that runs through the various clauses of the Bill. I look forward to the Minister’s response to the points raised by the noble Baroness, Lady Jones of Moulsecoomb, supported by the noble Lord, Lord Whitty.

Several noble Lords also spoke about how co-operation between the devolved Administrations will take place. These include the noble Lords, Lord Wigley, Lord Thomas of Gresford, Lord Foulkes and Lord Empey, and the noble Baronesses, Lady Bryan of Partick and Lady Finlay. It is really important that the devolved Administrations are fully involved in what is going on.

Many noble Lords are attempting to widen the scope of Clause 1 to be in effect a catch-all. Hill farming, as described by my noble friend Lord Bruce of Bennachie, has been the subject of many debates in this Chamber. Despite warm words from the Government, we have still not received a firm commitment that hill farmers will receive support—that is, unless the contribution from Defra to suggest grazing bison on the uplands is serious. That would appear to be in direct conflict with one of the main aims of the Bill, improving accessibility to the countryside. There is a world of difference between walking along an open footpath through a hillside of sheep and attempting to do that through a herd of bison. These areas are heavily dependent on subsidies but are part of the public good and deserve support in future, despite being classified as less favoured areas.

Given that the Bill is only a framework, it was inevitable that increasing its scope would be a prime objective for all taking part in this opening debate. Many of the amendments are vital to the success of a proper agricultural policy in England. Many deserve to be covered in other Bills, some in the upcoming Environment Bill. We have a long sitting in front of us and I look forward to the Minister’s response.

[Baroness Jones of Whitchurch (Lab)]

I am grateful to all noble Lords who have spoken on their amendments today. We have indeed had a very wide-ranging debate, and many of those amendments have set the scene for more detailed discussions that we will have elsewhere in the Bill as we journey through it. However, we do not get the opportunity to reshape the future of agriculture in the UK very often, so it is right that we debate and test the boundaries of what is possible within the constraints of a public subsidy as far as it can go. The fact that so many amendments have been tabled is a measure of a real enthusiasm among noble Lords to shape the legislation for the next generation into something that we can be proud of, but also something with which we can learn the lessons of the past.

As many noble Lords have said, their amendments are probing amendments, which do just that. As such, we welcome many of the intentions behind those amendments. I will come back to some of the specifics shortly, but I will make a couple of general points first.

First, we believe that the Bill is broadly on the right track and we welcome the improvements that have already been made since it was introduced. The underlying principle of public money for public goods is important and it is right that we should incentivise those who work on our land to restore and improve the natural environment.

Secondly, however we look at it, we are dealing with a limited pot of money. It would be a brave person who thought that we would get more than the £3 billion a year which the Government have already promise and— who knows—the economic crisis might even put that promise on the line. We will deal with the detail of how that money is to be divided up and allocated when we discuss amendments to later clauses, but we need to be wary of spreading too widely the purposes for which that money can be allocated. This point was well made by a number of noble Lords, and I liked my noble friend Lady Young of Old Scone’s analogy of a Christmas tree, with its baubles crashing down, overweighed with good intentions.

What we do not want is for existing active farmers, with the good will and enthusiasm to embrace good environmental practices, to find that they cannot access sufficient financial assistance to make their farm pay. I agree with my noble friend Lord Whitty that there is a danger of creating a very complex system of payments and tiers of regulations which is no better than the system that we had in the past. We do not want farmers to find that that very bureaucracy prevents them accessing the money to which they are entitled. We cannot make light of this, because the impact of the Covid pandemic has illustrated all too starkly that many farm incomes are indeed in a perilous position. We cannot replace one bureaucracy with another, and we need to make sure that the income of our farming communities, when they agree with the new ambitions that we have, is secure. As I have said before, this is a delicate balance between the environment and agriculture, and it is our responsibility to make sure that we get that balance right as we work our way through the Bill.

Thirdly, the one fundamental area in the Bill where I do not think the Government have got it right is food policy—the importance of farmers producing healthy food and contributing to greater UK food stability. We will return to this in later groups, but it is flagged up in this group in Amendment 234 in the name of the noble Baroness, Lady Bennett, which talks about better advice for farmers in order to deliver improved food security and nutrition. I agree with all of that, but the advice should be expert advice. We have some later amendments about the need to put some limits on the number of advisers and consultants who will try to move into this space, when really what we need is for the money to go to its core purpose.

I turn to some of the amendments. The noble Earls, Lord Devon and Lord Dundee, and other noble Lords referred to the need for farming to play its part in mitigating climate change. We agree, and that the management and protection of soils and peatlands can play a huge role in good agricultural practice, as well as mitigating climate change. The noble Baroness, Lady Jones of Moulsecoomb, raised the important issue of the impact of agriculture on air pollution. We agree with those points. Our Amendment 272, which we will deal with separately, sets out in more detail what we believe to be the Government’s responsibilities to ensure that agriculture meets all the Paris Agreement targets on climate change.

The noble Baroness, Lady McIntosh, the noble Lord, Lord Teverson, the noble Earl, Lord Devon, and other noble Lords sought to spell out in more detail what good environmental policy should look like. They referenced pasture-fed livestock, the protection of soil and the link with natural recovery strategies. They rightly raised the need for those policies to have a synergy across other Bills, such as the Environment Bill, and environment policies. We agree with these points and feel that there ought to be a way of embedding those principles in the Bill but also making sure that we have a common approach on these issues. We also agree with the noble Lord, Lord Bruce, and the many other noble Lords who have spoken on this issue that hill farmers and upland farmers have a particular need and desire for reassurance about and support for their future. I hope that the Minister will be able to provide some of that reassurance in his response.

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[The Deputy Chairman of Committees]

I regret that we have been unable to reconnect with the noble Lord, Lord Naseby, so I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, this group of amendments moves us to the question of what type of land will qualify for financial assistance. My noble friends Lord Addington and Lord Burnett are arguing for a widening of this to include agriculture, horticulture, forestry and land management. Along with the noble Baroness, Lady McIntosh of Pickering, and the noble Earl, Lord Caithness, I have added my name to Amendment 65, which would ensure that the Secretary of State focuses his financial assistance on the issues we believe should be covered in the Bill: agriculture, horticulture and forestry.

I look forward to clarification from the Minister on this matter, especially around the rights of tenant farmers, so well set out by the noble Earl, Lord Caithness, the noble Lord, Lord Rooker, and my noble friend Lord Burnett. As I am nearly the last speaker on this group of amendments, all the relevant arguments have been successfully made by others, but I wish the Minister to be aware of the depth of feeling over this issue and of just how important it is to be absolutely clear what functions and services are to be eligible for financial assistance.

I support Amendments 118 and 121, in the name of my noble friend Lady Parminter. I believe that consultation and what is to be consulted on are vital.

I turn to Amendment 103, in the name of the noble Baroness, Lady McIntosh of Pickering, to which I have added my name. Others have already spoken on this amendment, so the Committee will be pleased to hear that I will not speak to all its proposed paragraphs. I would like to draw attention to paragraphs (a), (b), (e), (f), (h) and (j) in subsection (2)—but do not worry, I will not be that long. This is not to say that the other paragraphs are not important; I just do not want us to be here at 10 pm this evening.

Mitigating the risk of flooding is very important, not only on the uplands. Rural communities are rarely flat and the way in which a farmer ploughs his sloping land has an impact on how the water drains away during heavy storms. Although I have seen leaflets encouraging farmers to consider run-off from their land, some seem unable to grasp this. Beautifully neat rows of soil look good, especially when planted with maize, except during heavy rainfall. Then, the water streams down the furrows, through the gate and out into the roads—where, carrying topsoil and silt as it goes, it cascades down them and into the drains, blocking them completely within a short space of time. This ensures that the water continues on its way down into the village, causing distress and mess to those living there. Financial incentives seem to be the only way to alter the behaviour of some farmers.

The Minister will be expecting me to mention peat bogs. In Somerset, the extraction of peat on the Levels has been a local industry for a very long time. However, we now see a move away from peat extraction and towards improving and enhancing what is left behind. In many Somerset villages, the peat workings have been enhanced so that there are now wildlife and wild-flower sanctuaries, with public access along and between the lakes which have been created. The county council, along with the peat producer organisations, has been key in assisting this to happen. Financial assistance should not be given where peatbogs are exploited and not restored. Peat moors and bogs are essential in carbon sequestration, and this should form part of the financial equation.

Paragraphs (e), (f), (h) and (j) are interlinked. Environmental enhancement and protecting the environment improve air quality and contribute to addressing climate change. The noble Lord, Lord Cameron of Dillington, has long been a champion of rural proofing and productivity; I have heard him speak eloquently on the subject on many occasions. But still we find that the government policies handed down have a detrimental effect on those of us living in rural towns and villages. Under the Bill, we have the opportunity to ensure that the financial assistance to be linked to the various measures in it is fully rural proofed, ensuring the protection and sustainability of the environment and contributing to addressing climate change.

Finally, I will state what we all know: during April and May and the early part of June, the roads were quiet. The skies were not full of aircraft and even the railway lines were much quieter. Those of us lucky enough to have gardens heard the birds singing and watched them collecting materials for their nests. The air we were breathing was clean. Those of us with asthma found that we did not need our medication as often as previously. We all want this to continue. For one thing, our physical and mental well-being is dependent on it. We do not want to return to wholesale pollution. Air quality and climate change must move to the top of the agenda. I look forward to the Minister’s response to this important group of amendments.

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[The Duke of Montrose [V]]

My Lords, I start by asking my noble friend the Minister whether, in his mind, the definition in the Bill of the countryside, farmland and woodland excludes water. One would think that water would be included in that, but obviously the noble Lord, Lord Addington, would like to have it added to the Bill.

It is quite useful that the Bill is to support the provision of access. Presumably it allows the land occupier to direct the access where they can cope with it, if necessary with access to water. My noble friend Lord Trenchard just mentioned the Scottish attitude to right to roam. I understand that the noble Baroness, Lady Grey-Thompson, lives far enough away not to have ready access to the Scottish right to roam. In many ways it conjures up a nightmare for most landowners, in that people can go anywhere they like other than the curtilage of a dwelling house. As my noble friend Lord Trenchard mentioned, the pressures in Scotland are not as great as they are down south, although I happen to live by Loch Lomond and the pressures there are certainly equal to any other area in the country—so much so that the national park has brought in a prohibition on drinking alcohol on one side of the loch, because the public were wont to make a nonsense of that.

One aspect of this power in the Bill is that nowadays farmers are almost necessitated to have an element of diversification in what they do. Very often it is a question of having some feature that the public will come to and offer payment for. The powers that the Government are providing will be taken up with enthusiasm by these people, because it will give them a more attractive way to have people come and visit them and enjoy what they have to offer.

However, like my noble friend Lord Trenchard, I have considerable reservations regarding all that is contained in the descriptive Amendment 99. It seems to conjure up access even to ditches or anything with a bit of water in the bottom of it and then to ask for access even to the banks of those. That makes a bit of a mockery of the remaining legislation in England that access must only be by an approved route so that all the interests in establishing the route can be considered.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, this group of amendments is primarily about financial assistance being provided for public access to the countryside and waterways. My noble friends Lady Scott of Needham Market, Lord Addington and Lord Greaves have given extremely good reasons why public access is a public good. The noble Lord, Lord Randall of Uxbridge, supports improving current footpaths rather than creating new ones, and I share that view.

The noble Baroness, Lady Hodgson of Abinger, has defined public access to include horse-riding. Certainly, horse-riding is a very popular pastime, and it is extremely healthy. The enjoyment of the countryside, whether walking, riding or canoeing, should be encouraged wherever possible. However, I share the view of the noble Earl, Lord Devon, that there must be a balance. Not all who use rights of way respect them in the way they should.

There is nothing better than going for an energetic walk along a right of way and ending up at a pub for lunch. However, I stress to all that it is important that the countryside alongside the footpaths, bridleways, watercourses and RUPPs should be respected by those who use them.

There are a number of rights of way across the country open to the disabled and mothers with pushchairs. The Tissington trail in the Peak District and the Tarka trail in Devon are two such. I would like the Government to encourage more landowners and farmers to create more level access for people with disabilities and small children, as set out by my noble friend Lord Addington and the noble Baroness, Lady Grey-Thompson.

I have little sympathy for enthusiasts who insist on applying for footpaths through domestic homes and gardens just to prove that there once was a right of way along a route years ago. In these cases, there are often perfectly adequate footpaths on a nearby route that provide an alternative. I agree with the noble Earl, Lord Caithness, that the Ramblers do themselves no good at all with their intransigent attitude. That said, it will be incumbent on landowners and farmers who have rights of way running across their grounds to keep them clear and safe for the enjoyment of all who wish to use them. Bridleways should be kept clear, especially of overhanging branches and brambles, as should watercourses which canoeists will be using.

Access to the countryside is extremely important, and I look forward to the Minister’s response.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord, Lord Addington, and the many other noble Lords who spoke on these amendments. It seems that I spoke too soon when I said in the debate on the first group that a level of consensus seemed to be developing. The more we get into the details, the more divides begin to appear. Indeed, I started off with some certainty and now I have more questions than answers. I hope that, as we go through the Bill, some of my questions will be answered or dispelled. It is important that we get these issues out on the table, and some of those difficult issues to do with rights and responsibilities need to be addressed. Obviously, Committee is the right place to do that.

As president of the Friends of the South Downs and a former long-standing member of the Ramblers, I very much support greater public access to the countryside. For example, I am proud of Labour’s record on delivering the right to roam and our network of long-distance footpaths. I also agree with the noble Baroness, Lady Grey-Thompson, who rightly raised disability access, that clearly a great deal more needs to be done to improve access to our countryside. As the president of the South Downs society, I have to say that many of the issues we have are about elderly people walking the paths who cannot climb the stiles or find it difficult to access some of the more difficult terrains and so on, which could easily be adjusted. It is not just about people with disabilities but about making sure there is public access for all.

We know the public can gain huge benefits from being in the open air and walking in the countryside. As many noble Lords have said, we have learned that very acutely during the recent Covid crisis, when people have been denied that access. The point made on the previous group by the noble Earl, Lord Devon, is important: fundamentally, this is about health and well-being, and we need to bear that in mind.

It is also important that public understanding of farming and nature is enhanced. I have seen some fantastic examples of school visits to farms that have really enthused young people for the first time about the importance of the countryside. We need to encourage those sorts of visits. That will clearly have the effect of persuading young people to respect the countryside more and will go some way to addressing some of the concerns that a number of noble Lords have raised—the noble Earl, Lord Devon, did so rather vividly—about some of the problems when young people do not respect the countryside: littering, fires, vandalism, fly-tipping and so on. At the same time as creating access, we need to create respect.

Supporting public access to the countryside and providing a better understanding of the environment are already in the financial assistance set out in Clause 1, so the issue we have here is what further wording we need in amendments, beyond those rights already spelt out and the existing legal minimum. That is the challenge for us today: to make sure that if we make adjustments and additions, we get them in balance.

My noble friend Lord Clark of Windermere made an important point about access to forests. Until he explained it, I had not quite understood what some of those issues were, but it is important, particularly as we look to extend the planting of trees. It would be helpful if the Minister could address that question and explain the Government’s plans for giving us greater public access to forest areas.

The amendments we have been looking at also specify access to waterways. The noble Lord, Lord Addington, and the noble Baroness, Lady Grey-Thompson, talked about those issues and the importance, for example, of canoeing and wild swimming. I do not doubt that all those activities should be encouraged, but I have a genuine question as to whether this falls within the original intention of the Bill, which was to support agriculture, food production and the environment. This might be something the Minister can shed some light on in his response.

On the other groups, we talked about the Bill’s connection with water, and I am still struggling to understand quite where the boundaries of that lie. For example, I had assumed that the references to “managing land or water” in Clause 1 were meant to address the impact of farming activities on the quality of adjoining water rather than encouraging a wider responsibility for recreation to take place on local rivers. That is an issue that a number of noble Lords raised, so we need to understand the interconnection between what is essential, what is voluntary and what are the real advantages to us of access to that water. That is a genuine question and I do not know the answer to it.