Agriculture Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Lord Taylor of Holbeach (Con) [V]]

My Lords, I hope I can contribute to this debate by drawing on my farming interests and my experience. Of course, some of the latter is now history: I remember personally hot water treating daffodil bulbs in mercurial dips and, in my part of the world, there was widespread use of aerial spraying. Quite rightly, we live in very different times, as all of us using chemical applications have become more aware. The prohibition of noxious and dangerous chemicals, such as DDT, is well known, and all farmers and growers have an awareness of selectivity in their use of chemical sprays and dips. The use of broad-spectrum sprays is now rare, and most applications are for specific purposes.

Noble Lords will know, as a result of this debate, that a robust regulatory system of comprehensive scientific assessments is in place to ensure that pesticides are not used where their use may harm human or animal health or pose unacceptable risks to the environment. All these regulations include operator risk as well as risk to the general public. Assessments are carried out by a large team of specialist scientists at the Health and Safety Executive, and independent expert advice is provided by the UK Expert Committee on Pesticides. This system derives from EU Regulation (EC) No 1107/2009, which sets the rules for assessing and authorising pesticides, and Regulation (EC) No 396/2005, which sets limits for pesticide residues in food. All of these regulations will be carried over in full to UK law at the end of the transition period.

This brings me to the specific amendments in this group, and I have a great deal of time for all the signatories to them. The noble Baroness, Lady Finlay, is a marvellous contributor to this House; I like, admire and enjoy listening to her, but it must be a long time since she was on a modern arable farm. Nowadays, she would see the precision with which sprays and chemicals are used; she would see the field margins adjacent to water courses and the headland nature strips. She would see modern sprayers, which bear no relation to the primitive things I used, with variable flow, nozzles and height. The operation of this kit is a highly skilled job and must be performed by a trained operator.

Farmers are a generous lot, but they do not spray their neighbours’ fields for them; neither do they spray the hedgerows, nor a neighbouring resident’s lawn. If noble Lords ever sought a contract with a multiple retailer—or even a third party who supplies a supermarket or chain—they would appreciate the high standards of husbandry and record-keeping that are required. Most farmers belong to accreditation groups as a consequence. When times are normal, I hope that the noble Baroness will join other noble Lords to visit our farm or, alternatively, attend a local LEAF Open Farm Sunday. Many people do. On our centennial open day last year, we had 500 visitors. If she stayed overnight, she would hear the sprayer go past between 5 and 6 in the morning, when winds are calm just before dawn, because that is the prime time to spray.

The thing that really upsets my nephew—he is responsible for our farming and growing and is active in many local farming groups and the drainage board—is that these amendments give the impression of a lack of trust. I will not repeat his critique of the well-intended but nightmare-inducing bureaucracy of the proposals in this group. We have over 100 fields on our farm plan, for example, and I have to tell the noble Lord, Lord Whitty, that our whole farm, except for 11 fields, is near one or two of the prohibited areas that he lists. How are noxious and persistent weeds and fungal infections going to be controlled with his measures in place?

I hope that my voice from the farm makes it clear that the use of pesticides, fungicides and other chemicals is not taken lightly by the industry and that the authors of these amendments will realise that, if we want more from our farmers in every way, we should maintain our confidence in them. This Bill will encourage farmers and growers, but we should not pass these amendments if we want the House and Parliament to retain their trust.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Taylor of Holbeach, who has reminded us of the regulatory system in place at the Health and Safety Executive and given some examples of the impacts these amendments might have on farmers. I have added my name to Amendment 76, in the name of the noble Baroness, Lady Finlay of Llandaff, and to Amendment 78 in the name of the noble Lord, Lord Whitty. I am grateful to both for their detailed and excellent introductions to this topic.

The use of pesticides was mentioned at Second Reading and in Committee. It is a topic which raises a great deal of concern among those living in the countryside and rural areas. Farmers spray their crops with pesticides to protect them from pests and diseases. However, some farmers—not all—do not exercise care when doing this, and their chemicals drift over neighbouring lands and properties, as the noble Earl, Lord Caithness, mentioned. These chemicals can be extremely toxic and for citizens to breathe them in is likely to have a very adverse effect, especially for those already suffering from respiratory diseases. It is not unreasonable for those likely to suffer from pesticide drift to be notified by the farmer of the fact that they are planning to spray their crops on a certain day at a certain time, so that neighbours may stay indoors or be elsewhere during the process. Amendment 78 in the name of the noble Lord, Lord Whitty, is specific about the type of buildings which farmers would be prohibited from spraying near. It is essential that our young children should be protected from inhalation of toxic chemicals. Their lungs are fragile. Hospitals where the sick and chronically ill will be cared for by NHS staff should be similarly protected.

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[Baroness Altmann (Con) [V]]

My Lords, I congratulate the noble Lord, Lord Grantchester, on moving Amendments 89ZA and 93 and on his excellent introduction. These amendments would ensure that agricultural products could be imported into the country only if they met our high domestic standards for food safety, hygiene and traceability and the protection of the environment and plant health. They are not only important in terms of maintaining and improving environmental public health and food standards and addressing the wider ecological crisis, but they will also protect our farmers and environmental standards, which are vital for all our futures on this planet.

I have listened carefully to the many excellent contributions to this debate and have been convinced more than ever by the arguments in favour of Amendments 89ZA, 93 and 103. I also congratulate my noble friend Lady McIntosh of Pickering and have sympathy with her Amendment 90. We must ensure that we have fair competition and a level playing field for our farmers. If we allow lower-quality imported foods to undercut our higher-standard national farming methods, we jeopardise not only UK health standards but national food security. We must not undermine our own interests or those of our farmers. The well-being of the UK agriculture sector and small farms is vital for our national self-sufficiency in food. Especially as an island nation, we need a thriving domestic agricultural sector, and the noble Lord, Lord Wigley, made these points powerfully. We are talking about food, not widgets or cheap clothing imports or grains of corn. This is not the same as the Corn Laws debate. Importing cheap corn is a far cry from importing lower-standard meat or processed foods or risking the protection of the planet.

Following last year’s Trade Bill discussions, I regret that the Government no longer intend to align our standards—or seemingly no longer intend to do so—with existing levels across the EU. This would obviously have been safer both for the problem of the Northern Ireland border and for public health. My noble friend assured us in Committee that existing laws will protect our standards and that these amendments were not necessary. I do not doubt the intent and integrity of my noble friend, who is one of our most dedicated and knowledgeable Ministers, but I share the concerns expressed by so many noble Lords and am finding it pretty impossible to support the Government’s position. Therefore, I would be grateful if the Minister could respond to some of the questions from others—the noble Lords, Lord Krebs and Lord Rooker, in particular —including on whether our definition of food standards includes food production and whether Defra still rules out importing lower-standard foods, because it sounds from this debate as if that might not be the case.

Moreover, will my noble friend please explain how aligning with WTO food standards, rather than the higher standards that we have today, would impact the Northern Ireland protocol and the border flows for farmers on the island of Ireland, as mentioned by the noble Lord, Lord Empey? Without reassurances on these questions, I wonder if the Minister, if he is unable to accept these amendments, could undertake to come back at Third Reading with the department’s own wording for a commitment to this effect on the face of the Bill.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Altmann. I have added my name to Amendments 89ZA and 93 in the name of the noble Lord, Lord Grantchester, and I thank him, the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, for setting out so clearly the rationale behind these amendments.

Farmers, retailers, environmentalists and the general public are all concerned about the importation of food produced to lower standards than we currently enjoy, as the noble Lord, Lord Grantchester, has already indicated. The National Farmers’ Union’s standards petition has reached over 1 million signatories, and recent polling shows that more than 75% of the public think importing lower-standard food from the USA would be unacceptable. Major retailers have promised not to stock chlorinated chicken or hormone-treated beef in response to the safety and animal welfare concerns of both their customers and farmers.

The Conservative manifesto promised—and I am sorry that we keep banging on about this—not to compromise high environmental protection, animal welfare and food standards in all their trade negotiations. The noble Baroness, Lady Henig, rightly said that confidence in this document has waned. While the UK should not rest on its laurels, our current standards are some of the highest in the world and are higher than those of most of the UK’s prospective trading partners. These standards relate to animal welfare, pesticide usage, chemical safety and food hygiene. I appreciate that this presents the Government with something of a dilemma when they are attempting to enter trade negotiations with countries outside of the EU, but a manifesto promise is still a promise.

The noble Baroness, Lady McIntosh of Pickering, referred to sovereignty and taking back control. Safeguards have been promised in the Trade Bill, but so far they have been conspicuous by their absence. The Agriculture Bill is the correct place for these safeguards to be contained. Neil Parish, from the other place, has said:

“We are being led down the garden path”.—[Official Report, Commons,13/5/20; col. 300.]


The noble Lord, Lord Grantchester, has already referred to this. Mr Parish has a long and proud history of representing rural and agricultural communities. He is right: now is the time to stand up and be counted.

Once the transition period has ended, the Food Standards Agency will assess the risks posed by foods and treatments before they are permitted or banned. If a change in practice is approved, the relevant SI will be amended. However, the FSA chief executive recently clarified that Ministers have the final say over whether food of lower standards will make it on to the UK’s supermarket shelves. This is not what the public want. They want to be absolutely sure of the quality of the food being imported and do not want it left to the whim of a Minister. The noble Lord, Lord Krebs, referred to this, and the noble Lord, Lord Empey, indicated that the powers of the FSA were unclear. The noble Lord, Lord Rooker, has also referred to FSA advice.

Now, as never before, the public are aware that animals are responsible for spreading diseases to humans. Those animals needing to be given excessive doses of antibiotics are more likely to be living in squalid conditions in which super-resistant pathogens can spread to humans. Imported animal products should not need to be treated with antibiotics, as the animals should have been living in humane, clean conditions.

I listened to the contribution of the noble Lord, Lord Lilley. I fear I could find no correlation between the Corn Laws, which I studied during my education, and the amendment we are debating.

My noble friend Lord Purvis eloquently listed the previous debate on the Trade Bill from 2019. Like others, I am at a loss to understand the Government’s change of heart and approach. I congratulate my noble friend Lord Burnett on so excellently setting out the arguments.

I share completely the comments of the noble Baroness, Lady Jones of Moulsecoomb. I know from recent and previous visits to our family in the USA that it has a very different attitude on animal welfare. The noble Lord, Lord Rooker, is right that salmonella is rife. The current American Administration have no regard for the WTO. The noble Baroness, Lady Henig, accurately set out the difficulties of encouraging the USA to take our farming produce.

I listened carefully to the noble Viscount, Lord Trenchard, especially his comments on the precautionary principle. Rather than lowering UK standards to the level of the WTO, it is better for the UK to take a lead and assist in raising WTO standards, while maintaining our own high standards. It is not true that those who sign this amendment are trying to increase the price of beef and meat out of the reach of consumers. We are trying to create a better-balanced, healthy diet.

Lastly, I return to the words of the honourable Neil Parish. Now is the time to make this change. Eighteen speakers this afternoon have spoken in favour of these amendments, with only five against. I urge your Lordships to make this change and place this amendment in the Bill.

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[Baroness Young of Old Scone (Lab) [V]]

My Lords, I support Amendment 101 in the name of the noble Lord, Lord Curry of Kirkharle. It ensures that the Trade and Agriculture Commission that the Department for International Trade has established will not be toothless, transitory and a bit of a fig leaf. Your Lordships can hear that I am being rather less complimentary about the establishment of the commission than many other noble Lords. In my view, it defies description that it can be expected to carry out this valuable role in the time it has been given. I will come on to talk about the inadequacies of its composition.

We absolutely need the amendment from the noble Lord, Lord Curry, to ensure that the commission has an ongoing, effective role in ensuring standards and holding the Government to account through all the successive trade negotiations, that it has that valuable, essential ability to report openly to Parliament and that Parliament has the opportunity to influence successive agreements.

I also support Amendment 102 in the name of the noble Lord, Lord Randall of Uxbridge, which provides criteria for appointment to the commission. One of the reasons I am anxious about the nature of the commission is its reporting arrangements. At the moment it reports to the Department for International Trade and is a bit of a poodle body of that part of government.

I know the Minister will tell us that Defra is fully involved and working jointly with the Department for International Trade, but the impression I get is that the environment is very much an afterthought. There is only one environmental member of the commission, and there has been very little discussion of any environmental issues in the commission’s two meetings so far. The noble Lord, Lord Trees, has just admirably demonstrated how the arrangements for oversight of issues such as animal welfare and the environment are inadequate in its current construction.

I support the amendment from the noble Lord, Lord Randall of Uxbridge, because it clearly lays out the criteria for membership of the commission and would help plug the gap that very much exists at the moment, in that consumer and environmental organisations and experts are, if not underrepresented, totally missing. It would mean that the commission has the right range of skills to go with the full set of teeth that the amendment from the noble Lord, Lord Curry, would give it. I think we should support both those amendments.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Young of Old Scone, and I agree with her comments on the TAC. This group of extremely important amendments completes our debates on this issue. A large number of your Lordships have spoken knowledgeably and passionately on the subject.

During previous debates on this subject, many noble Lords reiterated the inadequacies of the Trade and Agriculture Commission as currently proposed. It is advisory only; there is no compunction on the Government to follow its advice or recommendations. The noble Baroness, Lady McIntosh of Pickering, asked the Minister whether the Government are satisfied with the temporary commission or whether an amendment to make it permanent would be better, so that it had some teeth and would therefore be able to respond to the first Dimbleby report.

There are no members representing the views of environmentalists or animal welfare or consumer groups. Can the Minister say how the commission as set up will inspire and maintain the confidence of the public, given that its chair referred to public concern over chlorinated chicken and hormone-treated beef as “alarmism”? Making such a statement does little to reassure the public of his independence.

Amendment 101 from the noble Lord, Lord Curry of Kirkharle, sets out how the TAC should be established and operate. This is very specific, and I will avoid making a Second Reading speech. It is bizarre that the Government do not wish the TAC to continue its work into the future. This amendment will not create a barrier to trade. The majority of farmers’ income will come from producing and trading food.

The noble Lord, Lord Randall of Uxbridge, in his Amendment 102, seeks to correct the deficiencies of membership of the original commission and ensure a more inclusive membership. This is an amendment to the splendid amendment of the noble Lord, Lord Curry of Kirkharle. The noble Earl, Lord Dundee, has similarly spoken to his amendment on membership of the TAC.

My noble and learned friend Lord Wallace of Tankerness has reminded us of the view of the NFU in Scotland that the standards of our farmers should not be undercut by trade deal standards and should be safeguarded.

The noble Lord, Lord Rooker, and the right reverend Prelate the Bishop of St Albans made powerful speeches. The noble Lord, Lord Rooker, reminded us that the NFUs of England, Scotland, Wales and Northern Ireland, together with the CLA, all support this amendment, which respects the primacy of Parliament.

With a few notable exceptions, every speaker is in favour of the Trade and Agriculture Commission, which had enormous support during previous stages of the Bill.  Ensuring the TAC is independent, representative and has the necessary legislative backing is vital if it is to be successful.   

 This group of amendments is all about protecting farmers and ensuring that the public can feel confident in the food we buy and eat. I feel certain that the Minister understands the strength of feeling in the House on this issue. I trust that his response to the questions posed this evening will be positive, and that those of us concerned about this subject can be reassured. And I apologise for my croaky voice.

[Lord Grantchester (Lab)]

This has been another good debate on another key issue in the Bill. I thank all noble Lords who have spoken on these amendments, which cover the key variances of opinion on approaches to food standards for imported product through the mechanism of a Trade and Agriculture Commission.

In Committee, I expressed anxiety about the approach of a Trade and Agriculture Commission, should this be the only way that UK food and production standards could be maintained as future trade deals are negotiated. From these Benches, we wanted to secure the enactment of the UK’s minimum level of food standards by enshrining it in legislation. That your Lordships’ House passed this measure earlier tonight has added to our confidence that the House of Commons is being asked to think again on this issue.

This allows us to approach these amendments with confidence that the Trade and Agriculture Commission could provide valuable insights and independent analysis on all trade deals concerning food standards, which would encompass the equivalents of production methods, welfare standards and environmental conditions that apply in the UK.

There are essentially two amendments from two very eminent Members of your Lordships’ House, although they are subject to further amendments. Amendment 97 is led by the noble Baroness, Lady McIntosh of Pickering. She has come into the House from the Commons, having served as a very successful chair of the other place’s Environment, Food and Rural Affairs Select Committee. I pay tribute to the way she steered that prominent committee.

Amendment 101, also with amendments, is proposed by the noble Lord, Lord Curry of Kirkharle, and others. It has the backing of the National Farmers Union, which has been prominent in discussions throughout proceedings both here and in the Commons. The NFU could not team up with a better proponent for agriculture. The noble Lord, Lord Curry, spoke of his reflections on his career in agriculture. Over many years, he and I met at several key moments of agricultural policy developments. They might be designated as crossroads for agriculture. Here is another: he will probably say that he has met me too often.

While I commend the amendment in the name of the noble Baroness, Lady McIntosh, we much prefer the reconsidered amendment in the name of the noble Lord, Lord Curry, and I am grateful for the remarks of my noble friend Lady Henig in her summary of the situation. We will support Amendment 101 rather than Amendment 97, should that be pressed to a vote.

We welcome the developments that took place over the summer and I can signal that we will approve the amendment, with or without the further amendment in the name of the noble Lord, Lord Randall of Uxbridge. Amendment 102 widens the representation on the commission and further enshrines its permanence beyond the temporary nature that was the Government’s very limited concession on this proposal. That amendment provides better clarity on Amendment 101 than Amendment 104 in the name of the noble Earl, Lord Dundee.

The amendment in the name of the noble Lord, Lord Curry, puts the commission on a statutory and permanent basis, with key powers to make recommendations to the Government and Parliament on all future trade deals. This key improvement should be taken back to the Commons for reconsideration, underlined by the widespread approval of this House. This key mechanism to adjudicate independently on trade deals is needed for consumer confidence and demanded by farmers, endorsed by all their unions in all parts of the United Kingdom. The NFU has secured the agreement of the British public through a petition signed by over a million people.

The potential loophole that exists for food that goes into the food service sector needs to be plugged by the commission. We would contend that your Lordships should return this amendment to the Commons with a powerful majority. The commission could build up considerable expertise that will be crucial for the future of food standards and an excellent resource in parliamentary scrutiny of future trade deals.

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I think that at last we are beginning to move on from the age where we talk about climate change, wring our hands and say that we must do something about it but do not provide the mechanisms to ensure that we do something about it. Here is a chance; it is a good chance and I cannot believe that the Minister will not be prepared to accept the amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have added my name to this amendment in the name of the noble Baroness, Lady Jones of Whitchurch. All noble Lords who have taken part in this debate have spoken passionately and knowledgeably on the subject of climate change. The noble Baroness, Lady Jones of Moulsecoomb, believes that a real plan for how to move forward is essential, but the Government have no vision on how to achieve this.

Unlike many of your Lordships, I am not an expert, but I can see all around me the signs that the planet is warming, and this is having a detrimental effect on all of us. Farming is often blamed for contributing to climate change, and certainly it does not help, but the blame cannot be laid entirely at the door of farmers. We are all responsible and have our part to play in reducing carbon emissions.

The target of 2050 for the reduction of our emissions is far too far away. In order to monitor our progress as a nation, an interim target of 2030 is essential. Agriculture and the NFU have estimated that they will be able to achieve their net zero target by 2040. It is a pity that the Government cannot follow this example.

The noble Lord, Lord Randall of Uxbridge, referred to the burning of peat bogs, and I ask the Minister whether such a practice would qualify under the ELMS. The noble Lord, Lord Krebs, stressed how important it is to reduce our emissions by 2030, and I am sure we all agree. The noble Lord, Lord Inglewood, expressed concern around the debate on emissions that farmers need to respond to the problems before them, taking into account the economic consequences. He said that the rural economy is very fragile and that a degree of realism is needed.

As I have said previously, I will not be here in 2050, but my children and grandchildren will, as will the children and grandchildren of the majority of noble Lords taking part today. I will give just two very different examples of the effects of climate change globally.

I am lucky enough to have stood in the Maasai Mara very close to a white rhino. I was absolutely terrified and did not move a muscle. What a magnificent beast it was. Soon, if we do nothing, the 3,000 that are left out of the previous 65,000 will be gone. On a more parochial level, the bullfinch is one of my favourite birds and used to be seen in our hedgerows. This bird has all but disappeared from our countryside, and it is nearly five years since I saw a solitary bullfinch.

UK agriculture alone has not directly caused these two instances, but it has not helped. As the noble Lord, Lord Judd, said, we need to address this and have effective targets. Now is the time to take action; now is the time to set an interim target for 2030; and now is the time to stand up and be counted. I hope that the Minister is able to agree with this amendment and I look forward to his comments.

[Lord Gardiner of Kimble (Con)]

My Lords, I thank all noble Lords for their contributions to this very important debate on the noble Baroness’s Amendment 100. The first thing I would like to say is that I am most terribly sorry if a letter has not been attended to, but the messaging I have had is that, whatever the noble Lady decides, my door is always open and we can arrange meetings if there are—as I know there will be—continuing discussions on a range of things relating to climate change and agriculture. I want to put on record that I try my best to attend to correspondence and it seems that this one has slipped through the net—so I apologise for that.

This is a crucial matter and, as far as I am concerned, we must all work together on this. In June 2019, the Government amended the Climate Change Act to legislate for a target of net zero by 2050 and introduced carbon budgets, which cap emissions over successive five-year periods. The Government have set these as interim targets on the road to net-zero emissions. I am particularly interested in this matter, and I went through the noble Baroness’s amendment. The Secretary of State is already required to have due regard to the Government’s commitment to achieving net zero as set out in the legally binding Climate Change Act 2008, and in reference to the Paris Agreement on climate change.

The Committee on Climate Change advised that emissions reductions will be needed in all sectors to achieve the UK’s net-zero GHG emissions target by 2050. Targets are set by the Act, but we do not have sector-specific targets under it; this is true across all sectors and departments. The absence of legally defined sector-specific targets ensures that we can meet our climate change commitments in the most cost-effective way across the economy, maximising social and environmental benefits and mitigating damaging trade-offs.

In the United Kingdom, agriculture at this moment constitutes 10% of annual greenhouse gas emissions. I entirely agree that agriculture must—and I underline “must”—play its part in addressing this grave matter. I note, for example, the 2019 report from the Committee on Climate Change on achieving net zero, which says:

“It is difficult to reduce agriculture emissions to near-zero given the inherent biological processes and chemical reactions arising from crops, soils and livestock.”


Agricultural greenhouse gas emissions have reduced by 16% since 1990, with many farms using more efficient agricultural practices. My noble friend Lady McIntosh raised land-use change and forestry: all of these can continue to provide benefits in carbon sequestration. I would be the first to say that more needs to be done, and much more needs to be done.

I am obviously pleased about the ambition shown by many in the sector, including the National Farmers’ Union. Climate change represents a significant challenge. Indeed, the noble Baroness, Lady Jones of Moulsecoomb, quite rightly feels passionately about this matter, so perhaps the words “significant challenge” are a terrible understatement. This is a very grave matter that we need to address. However, I will say that there are great opportunities for the sector, and we will continue to work closely on this issue with the NFU and other leading stakeholders, including through the Greenhouse Gas Action Plan partnership.

Another point the noble Baroness made in her amendment was on the devolved Administrations. Agriculture is a devolved matter, as we all know, so each national Administration is responsible for their own policy to address climate change in the direction of agriculture. The nations are united in a desire to reach net zero and reduce emissions from agriculture. This can be seen, for example, in DAERA’s efficient farming implementation plan, or in the Welsh Government’s Prosperity for All publication that outlines their low-carbon delivery plan. We will work together across the union to ensure we are delivering a solution that will work for the whole of the United Kingdom. This includes agreeing common frameworks, which include a framework on the best available techniques for preventing and minimising emissions.

Defra takes a key role in supporting emissions reduction from agriculture and land use by providing scientific advice and evidence. This includes long-term breeding work to develop more efficient, productive and resilient crops and livestock, as well as research on more efficient feeding strategies for livestock. Such research includes the clean growth through sustainable intensification project, which is due to complete in November of this year. This research has been carried out alongside academics, government officials, stakeholders and farmers, and will outline productivity and land management options, as well as advice on actions and innovative technologies that will reduce emissions from agriculture. These options will be the most effective, best value for money and most feasible for the sector to action. This research has influenced, and will continue to influence, development of future farming policies such as ELM.

I am very pleased that Clause 1(1)(d) of the Bill already enables the Secretary of State to give financial assistance for the purposes of

“managing land, water or livestock in a way that mitigates or adapts to climate change”.

ELM will be the key delivery mechanism for this and a powerful vehicle for achieving goals set out in the 25-year environment plan, our net-zero target and commitments made in the Clean Growth Strategy. Schemes such as the productivity grant scheme, the Woodland Carbon Fund and the expanded Countryside Stewardship scheme will also contribute to emission-reduction goals alongside ELM. I agree with the point that my noble friend Lady McIntosh made: working with nature will be an increasing imperative and feature of our work.

As set out in the ELM policy discussion document published in February, it is proposed that tier 3 of the scheme should focus on delivering landscape-scale projects that can make significant contributions to national priorities such as net zero. This could include funding for afforestation, peatland restoration and wetland creation. We have proposed that the scheme should also incentivise environmentally sustainable farming through tier 1 and the delivery of locally targeted environmental actions through tier 2.

The provisions of the Environment Bill will bring all climate change legislation within the enforcement remit of the office for environmental protection, also known as the OEP. Under the robust governance framework established through the Climate Change Act, our independent advisers, the Committee on Climate Change, scrutinise government actions and hold us to account. The OEP will work closely alongside the Committee on Climate Change on climate issues, ensuring that their individual roles complement and reinforce each other.

The OEP is required to monitor the Government’s progress in improving the natural environment in accordance with the content of environmental improvement plans, the first of which is the 25-year environment plan, and—I emphasise—targets. It must produce an annual report on its findings. When undertaking this independent assessment of the Government’s progress, the OEP may consider that the Government could improve progress in meeting one or more of the goals within the 25-year environment plan. For example, this could include a recommendation that additional funding be provided to deliver the purposes set out in Clause 1 of the Agriculture Bill.

Having now been given a sight of her letter, I also say to the noble Baroness that Defra is not the only department responding to climate change. Reducing carbon emissions and enhancing the environment are priorities for the Government. Indeed, there is a new Cabinet Committee on Climate Change to oversee this effort and drive forward action across the whole of government. BEIS leads across government on climate change and net zero, and all departments are working to deliver. For example, DfT published the first phase of our transport decarbonisation plan in March 2020 and MHCLG aims to publish a heat and building strategy later this year. Next year the UK will host the vital COP 26 climate negotiations, and we are determined to use this conference to promote ambitious action to deliver the transformational change required by the Paris Agreement.

I looked very closely at the detail of the noble Baroness’s amendment. I think I have covered all the components of the amendment in terms of what the Secretary of State is already required under law to have due regard to in this matter. I have spoken of our work with the devolved Administrations, which again is imperative because there is no point us all spinning in our own orbits. This will need a collaborative approach.

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[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Baroness, Lady McIntosh of Pickering, is no longer speaking in this group, so I call the next speaker, the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for introducing this group of government amendments, which has been brought forward at the request of the devolved Administrations to give them the powers they each require, given their separate needs. I thank both Ministers for their patience and forbearance during this long process.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I also thank the Minister for that helpful clarification, and thank him very much for listening in Committee, when devolved issues were given a thorough airing. We certainly were made very much more aware of some of the issues and challenges that we will face on agriculture going forward, in trying to reach agreement between the devolved Administrations.

It was helpful that he clarified those famous words, “appropriate authority”, which seem to be peppered throughout all our legislation and which always leave us with the question of what the appropriate authority is, but he has very helpfully clarified that now. It was also helpful that he clarified that this was a recent request, which explains why this has come back at a fairly late stage.

I thank the Minister; he will be pleased to know I do not have any questions. Following on from the noble Baroness, Lady Bakewell, as this is the end of Report stage, I would just like to thank both Ministers for their enormous patience and courteousness throughout the whole process. Although we did not always agree, I thought we disagreed with particular aplomb and understanding, so I thank them very much. I know that we will have the opportunity to make more formal thanks at a later stage. It has been a long process, and I think it is time to wrap up at this point.