Land Use in England Committee Report

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 25th July 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I declare my interest as set out in the register as a vice-president of the LGA. I congratulate the right reverend Prelate the Bishop of Carlisle on his valedictory speech. His contribution will be sorely missed in the House after he has left us.

I congratulate the noble Lord, Lord Cameron of Dillington, on his introduction to this debate and on his excellent chairmanship of the Land Use in England Committee, of which I was a member. The noble Lord is enthusiastic about the rural countryside, the environmental and economic well-being of the countryside and how it fits into and contributes to the prosperity of the whole of England.

The committee spent many hours listening to evidence from experts and those heavily involved in land use of one sort or another and reading the many and varied submissions we received. Had it not been for the tabling of this debate on the last day before the Recess, I am sure that more of our number would have taken part in the debate. The report of the committee was extensive and contained 41 recommendations. It was clear from the outset that our recommendations would not be confined to the work of Defra alone.

Our major recommendation was for the setting up of an independent land use commission which would cover five departments: DLUHC, representing housing, local government and planning; BEIS, representing the need for increased self-sufficiency in renewable energy, a vital growth area; DCMS, representing the need for access to nature and tourism, including rights of way, as referred to by the noble Lord, Lord Rosser; the Department for Transport, representing the need for transport infrastructure; and of course Defra, representing the interests of food, biodiversity and forestry.

The government response to the report is to bring forward a land use framework, which will be the purview of Defra alone. Can the Minister say when this is going to be brought forward? How wide-ranging will it be? Is it going to cover agricultural land alone?

The inference is that experts will devise the framework. Experts tend to have their own agendas; we need those with a wider field of vision to bring to the issue of land use, as the noble Baroness, Lady Mallalieu, referred to.

The land use committee heard evidence from a wide range of sources. One emerging theme was the uncertainty felt by the farming community about the implementation of ELMS, which was heralded as a saviour of the landscape during the Brexit negotiations. The three strands—the sustainable farming incentive, local nature recovery and landscape recovery—are all important, but there is such uncertainty in the NFU farming community that take-up has been slow. The last, landscape recovery, has yet to announce its first round of applications, which should happen “shortly”. Can the Minister say whether this will be before we return in September, before the King’s Speech or perhaps before Christmas?

Local nature recovery strategies are an essential element of land use and for recovery. The noble Baroness, Lady Willis of Summertown, made an excellent case for LNRS during her recent regret Motion but, however excellent local nature recovery strategies are, they will fail if more emphasis is not placed on their importance and if they are not properly resourced, as mentioned by the noble Lord, Lord Greenhalgh. The current language around local authorities’ powers and duties under the Environment Act—“having due regard” to ensure LNRS are successful—is weak and ineffective. This is a missed opportunity to give some real backbone to, and ensure proper resourcing of, this vital strand of biodiversity recovery.

Another flag in the committee’s report was biodiversity net gain—what developers can contribute at the same time as they appear to destroy. The noble Lord, Lord Moylan, referred to this. Biodiversity net gain off site is not acceptable and gives no real ownership to developers of the impact of their actions. BNG must be on site and considered at the initial planning stage. Loss of habitat equates very quickly to loss of species; the only way to prevent this is to take it into account at the start of the development process.

Land use change is an inevitable consequence of climate change mitigation and adaptation. The NFU believes that we need a multifunctional land use strategy that manages the risk of significant competition between land use categories. Local authorities are the planning authorities and are governed by national planning policies. They need to facilitate agricultural modernisation and productivity growth at the same time as meeting biodiversity, public amenity and landscape culture. This must be done by working on environmental market principles while recognising and ensuring the involvement of tenant farmers, who should be able to benefit from the services from the land—after all, they farm 64% of it. The noble Baroness, Lady Rock, referred to this.

While there have been a handful of questions in the Chamber on biodiversity, there have been plenty on water quality and availability. Reducing the amount of nitrogen, phosphorus and sediment pollution from agriculture in our waterways is vital. However, can the Minister say why agriculture is expected to carry the whole weight of reducing this, while water companies are asked to do nothing, despite contributing between one-quarter and one-third of all nitrogen pollution?

It is a great pity that the date of this debate has meant that the noble Baroness, Lady Young of Old Scone, cannot be present to press the case for tree planting and woodland preservation. Defra is keen to increase woodland cover from 14.5% to 17.5% of the total land area in England, with 11 million trees. While it is important that more trees are planted, it must be the right trees in the right places. Farmers and land managers are willing to take part in this role of meeting environmental change to our countryside, but this must be alongside providing food for the nation.

While the public, if asked, are behind the Government’s plans to stop the decline in biodiversity, increase woodland cover and re-establish species recovery, they are also enthusiastic about producing our own food, and want to support British farmers and producers whenever they can. This is a balancing act, but one which the farming community is ready to engage with. They do need clarity, as farming is not a short-term activity but one which needs careful planning and preparation, especially for the tenant farmers. Clarity around the ELMS programme is still a drawback for many farmers, and the noble Lord, Lord Cameron, has referred to this. The land they either rent or own has a role to play in a land use strategy. The Government cannot ignore the role of these farmers when they produce a land use framework.

The Government’s response to the committee’s report was underwhelming and is a missed opportunity to do something really effective. I wonder whether the Government really understand the impact they could have if they got it right. Given the contribution from the noble Lord, Lord Hodgson of Astley Abbotts, I am somewhat timid in making my next point, but I am going to do it anyway. The Prime Minister’s announcement yesterday, that housing development would be exclusively in cities and large towns, has sounded the death knell for our rural communities. This demonstrates how vitally a multinational, multicultural strategy is needed.

There will now be no low-cost housing for young people, young couples or young families in rural areas. This will result in social engineering on a grand scale. Who will provide the children for our rural schools? Where will the teachers, the voluntary firefighters, the police officers, the hairdressers, the nurses and the farm workers live? All of these are essential occupations in rural hamlets and villages. The right reverend Prelate the Bishop of Carlisle referred to the need for sustainable housing. Having no new homes means fewer residents, which means fewer bus services. Young people will be unable to mix in the evenings, and young people do need each other. They are noisy and they like loud music, but they are full of life and need stimulation and something to do. They will be pushed out of the countryside.

This announcement may well deliver the number of homes the Government have promised, but it is very short-sighted. I am not surprised; the lack of a proper rural strategy is about to come home to roost. Rural areas are not just about agriculture and farming. There is a real need for a vision for land use that covers departments other than Defra, and many others have referred to this. The Government’s response is, sadly, a missed opportunity to make a real difference, and I remain deeply disappointed.

Animals (Low-Welfare Activities Abroad) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the noble Lord, Lord Black of Brentwood, a notable champion of animal welfare, has laid out with clarity the measures in the Bill and the penalties attached for non-compliance. It is a pleasure to follow the noble Baroness, Lady Hodgson of Abinger, another champion of animal welfare.

I fully support the aims of the Bill, which was trailed in the Government’s Our Action Plan for Animal Welfare, published in 2021 by the then Secretary of State George Eustice. I have received briefings giving details of the harm and suffering caused to animals forced to perform acts that are unnatural to them in order to please tourists.

In the past, it has sometimes been the case that a family with a terminally ill child would take that child abroad to swim with a dolphin. It is a natural reaction of a loving parent to give their child a unique opportunity in the last months of their life, but the other side of this type of tourism also has to be considered. The noble Baroness, Lady Hodgson, and the noble Lord, Lord Black, listed the appalling treatment meted out to some of these animals.

The Government are obviously supporting this Private Member’s Bill, but to protect animals abroad from unnecessary cruelty it should be borne in mind that curtailing the freedom of choice for the tourist is necessary. It is not ethical to keep wild animals in restricted captivity that does not allow them freedom to roam. Such restriction may cause them to behave in an uncertain fashion. The interaction of humans with wild animals is fraught with danger. Encounters could encourage the transmission of zoonotic diseases. There could be incidents where a visiting tourist may be injured or even killed—the noble Lord, Lord Black, referred to 700 tourists being killed. Banning the promotion of tourist activities abroad involving interaction with wild animals that would not be permitted under our domestic law is the right way forward. In 2022, Savanta conducted an online survey in 15 countries, including the UK, commissioned by World Animal Protection; 81% of UK responders agreed that countries should stop the commercial exploitation of wild animals.

I fully support the ethos and aims of the Bill but, as I am sure the Minister expects, I have some questions. I have read the Hansard transcripts of Second and Third Readings in the other place and I am fully conversant with the types of appalling activities that the Bill is attempting to prevent. Discouraging direct tourism from engaging with wild animals is clearly essential.

The Bill makes it clear that the measures apply only to England and Northern Ireland. It also gives immunity to anyone advertising these activities by means of electronic transmission. This means that if, for instance, I go online and search, “riding with elephants in Thailand”, I will get an almost immediate response and a choice of providers with which I can book. At some point, I assume, I will have to put in my address and, if the address is in England or Northern Ireland, the advertiser will then say, “I’m sorry, but we can’t help you; we operate out of England and Northern Ireland”, or whichever it may be. However, if the advertiser is operating out of Wales and Scotland, I assume that I can then book what could be the trip of a lifetime. This seems like a massive loophole.

Another loophole concerns the use of the phrase “principal market” in Clause 2(5)(b) for anyone printing anything outside the UK, and whose principal market is not the UK. It will be difficult for an enforcement agency to determine what constitutes a principal market and subsequently demonstrate that the company has passed a threshold for a principal market. Furthermore, it will be difficult to prove that a principal market is within the UK and so an offence has been committed. Removing the word “principal” from Clause 2(5)(b) would mean that the legislation would cover any advertisement intended for England or Northern Ireland and would remove confusion. I realise that amending the Bill will cause it to be delayed or, worse, lost. Can the Minister indicate how we can strengthen the Bill without this happening?

There are 11 occasions in this short Bill when the phrase

“in a relevant part of the United Kingdom”

is used. The Explanatory Notes make it clear that this means England and Northern Ireland. So if I am not IT-literate or I prefer the personal touch, and I go to a travel agent and attempt to book such an experience, in England and Northern Ireland it will not be possible. However, if I live close to the borders of Wales or Scotland, I can nip across and make my booking there. Can the Minister reassure me that this will not happen? The Bill does not indicate that Wales and Scotland already have such a ban in place, and the noble Lord, Lord Black, has indicated that they do not. Are the Government consulting with the devolved Administrations to ensure that a ban is brought forward without delay? There is no mention in Hansard transcripts from the other place that this has been a consideration. Clause 2(6)(b) limits the scope of the legislation to persons carrying on a business

“in a relevant part of the United Kingdom at the time of the distribution”.

Would omitting the word “relevant” close this potential loophole? Can the Minister clarify how this loophole can be addressed?

I turn my attention to the issue of enforcement, and refer to my entry in the register as a vice-president of the LGA. The police are not involved in the enforcement breaches of this legislation. This is to be done by trading standards officers under the auspices of local authority weights and measures metrology departments. We have had debates previously about the shortage of professionally trained trading standards officers. Are the Government confident that there will be sufficient officers available to take on this additional work? The public are very keen that this Bill should work.

In short, we have a Bill that should work but which penalises only those who print and publish written literature, presumably in the form of flyers and posters, and not those who publish the same material online; plus the Bill’s powers extend to England and Northern Ireland but not to Wales and Scotland, where we have no physical borders. I am keen that this Bill should get on to the statute and that it should work, but currently I am unclear that it will achieve its objective. I am looking to the Minister for reassurance.

Domestic Animals: Welfare

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 13th July 2023 Lords Chamber

[Lord Benyon (Con)]

The dog charities are doing wonderful work on this. I particularly praise the Dogs Trust, having recently visited one of its rehoming units. There is a serious issue around people being encouraged to spend enormous amounts of money to import pets from countries such as Romania, with a heart-rending story involving the welfare of a dog from there. But we have a large number of dogs that need to be rehomed here, through a process that is properly managed by really good charities, such as the Dogs Trust. I urge people to take that path, rather than spending hundreds of pounds on what is becoming an industry. While some people are doing it well, some are not. I encourage people to go through a registered charity and home UK stray dogs that need rehoming as a priority.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we have debated a number of statutory instruments that aim to improve the health and well-being of animals, including those on the prevention of puppy and kitten smuggling, and on the latest ban of electric dog collars. In the past, commercial kennels have been regulated, including their size, weatherproofing and bedding, and the separation of dogs from different owners was introduced. Can the Minister say whether these measures have been successful? How often are commercial kennels inspected?

[Lord Benyon (Con)]

We work with local authorities to make sure that that is happening. There is a standard required and I am pleased that it has been brought in. I am open to any suggestions of where there has been a failure in regulation, inspection or the physical circumstances of a dog. It is important that this standard is universally applied.

Live Animals: Export Ban

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 10th July 2023 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness is absolutely right. We are in negotiations with the French authorities, and we want to make sure that there is a good border control post at Coquelles. That will assist us as well with the illegal import of products of animal origin, which are causing us great concern for biosecurity. I cannot give her an exact date, but I feel sure that a post will be created, and that will regularise the trade in both directions.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, on 3 December 2020, the Government published a consultation on the banning of the live export of animals for slaughter and fattening, and this closed in February 2021. This measure was included in the kept animals Bill that went through the Commons and was killed off in May. Are the Government now relying on a Private Member’s Bill to bring this measure forward?

[Lord Benyon (Con)]

No, I am hoping that it will be a government Bill.

Water Industry: Financial Resilience

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 4th July 2023 Lords Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank the noble Baroness for her questions. First, this will not impact on customers. Their bills are regulated by agreement with the regulator, Ofwat, and we do not expect any reduction in service—that is also strictly monitored. We think that investment by water companies into our water sector infrastructure is important, which is why we have agreed that there will be the largest-ever investment—£56 billion—to see our infrastructure further improve.

Since privatisation, £190 billion of capital investment has been made. In real terms, that is twice what was happening at the same rate prior to privatisation. We have also seen improvements in the provision of water for customers, and we want to see that continue. We look very carefully at, and work with, Ofwat and the water sector on concerns about leverage—I share the noble Baroness’s concern about some of the companies’ degree of leverage. It is interesting that the level dropped last year from 72%, where it was in 2021, to 68%, which was roughly the same as it was in 2005, having risen from 37% when the previous Government were in position. However, Thames Water in particular has a much higher leverage rate, which has rightly caused concern for the Government and the regulator. That is why we are working with it to make sure that it is viable. We believe that with £4.4 billion of liquidity in its business, it can trade through this.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Thames Water is not the only company causing concern: Southern Water, Yorkshire Water and South West Water were mentioned in the other place. Last year, £1.4 billion was paid out in dividends. Meanwhile, sewage poured into waterways, flooding affected many areas, and others had their water delivered in bottles. Ofwat cannot solve these problems. Surely it is time for the Government to take back control and sort out this essential service.

[Lord Benyon (Con)]

We think that the model that operates at the moment is the right one. We have seen more investment, but if the Government took back control, that would, in effect, put the onus back on the taxpayer. That would mean that I or the Secretary of State would have to get in the queue behind the health service, pensions, and all other areas of government spending to get the right levels of capital investment we need in the water industry.

We think that the £56 billion can be afforded at a relatively modest increase of around £12 per household. For roughly £1.20 a day, households receive the water they need and sewage and dirty water are removed from their homes, and there has been a massive increase in spending on the infrastructure we need, some of which is still in need of changes. Through this model, we have delivered a better outcome for the consumer and for the taxpayer. We have concerns, and I share the noble Baroness’s concerns, certainly about the issues relating to Thames Water and one or two other companies. Ofwat has been proactive in trying to resolve the concerns with those companies, and we are watching the situation very closely.

Farm Animal Welfare

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 26th June 2023 Lords Chamber

Asked by

[Baroness Bakewell of Hardington Mandeville]

To ask His Majesty’s Government what plans they have, if any, to improve the standards of farm animal welfare.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my interests as set out in the register. We have delivered an ambitious legislative programme since the publication of the Action Plan for Animal Welfare. We are committed to maintaining our strong track record on animal welfare and delivering continued improvements in the course of this Parliament and beyond. This includes our commitment to ban the export of live animals for fattening and slaughter.

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the Minister for his Answer. Defra’s call for evidence showed strong support and appetite from the public for animal welfare labelling on supermarket products to level the playing field for British farmers and help consumers make informed choices based on how the food they buy has been produced. That could not be more important when future trade deals will allow food to be imported which has been produced to lower standards than we legally allow in this country. Supermarkets such as Waitrose have already shown their voluntary commitment to leading standards of animal welfare. It is vital that there is a means for different standards of farming practices to be clearly and consistently communicated to consumers to help them and provide choices. Can the Minister confirm when he will publish the long-awaited consultation setting out the proposals to expand mandatory labelling requirements for animal welfare for both imported and domestic products?

[Lord Benyon (Con)]

The noble Baroness is right that the power to improve animal welfare lies in large measure with the consumer, and keeping the consumer informed is a key part of this. Therefore, in answer to her question, we received over 1,600 responses to the consultation, a summary of which is available on GOV.UK. Based on the evidence provided, the Government are continuing to explore options for improving and expanding mandatory animal welfare labelling, covering both domestic and imported products, and we will keep the House informed of our progress.

Animal Welfare (Electronic Collars) (England) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 13th June 2023 Grand Committee

[Baroness McIntosh of Pickering (Con)]

I support the remarks of my noble friends who spoke about the use of collars in livestock, but I will ask my noble friend the Minister a brief question. Why has the department provided an exemption for the use of e-collars by the Armed Forces? What was the basis for that? It would be helpful and interesting to have sight of the internal animal welfare standards and permissions of the Armed Forces if they are available.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to the SI. He will be pleased to know that I am happy with it and have only a couple of points to make.

In contrast to the previous SI, this one seeks to protect animals from harm and amends the Animal Welfare Act 2006. Once implemented, it will ban the use of handheld devices and prohibit the use of electric shock collars. Anyone found guilty of using a handheld device will be subject to unlimited fines. This is quite clearly a good thing.

Defra conducted a public consultation in 2018. Most respondents supported a ban on all types of electronic training collar but some were in favour of retaining the ability to use them provided they did not deliver an electric shock. Animals quickly learn from these devices and they are useful in keeping animals safe near busy roads by keeping them contained in a restricted area. There is also an opportunity for their use in preventing dogs escaping and chasing livestock, as we have heard. Sheep worrying is a very serious matter—

[The Earl of Leicester (Con)]

Might I suggest that the seven-week public consultation in 2018 received 6,700 responses, of which 64% opposed making it an offence to attach an e-collar to a cat or a dog and 63% opposed making it an offence to be responsible for a cat or a dog who had an e-collar?

[Baroness Bakewell of Hardington Mandeville (LD)]

I thank the noble Earl for his correction. However, I was going on the information that I had received in the SI.

As I was saying, sheep worrying is a very serious matter and one where every effort should be made to prevent it happening.

I welcome the consultation but wonder why it has taken so long since its completion in 2018—five years ago—to bring forward the SI. In the intervening period, many dogs will have suffered electric shock treatment, which could have been prevented.

It is useful to make a distinction between domestic dogs and working dogs. I would support that.

There is a great difference in the way the two systems work. Collars that make a sound or vibrate are not prohibited under this SI. Paragraph 7.12 of the Explanatory Memorandum is very clear on that. It says:

“As electronic training collars that emit sound, vibration or some other non-shock signals are not prohibited under this instrument, they will remain available for situations where voice, sound or other recall methods cannot be used”.


An electric shock is a form of punishment for a dog or a cat, whereas the other system is a more humane way of encouraging domestic animals to adopt a different behaviour. I have seen some of the comments made in response to the consultation, including from those who believe that dogs will go on killing if electric shock collars are banned—the noble Earl, Lord Leicester, seems to indicate that this will be the case. This is the response, I believe, of the farmer and the shepherd, and some weight should be attached to that response. A collar that provides an electric shock is the tool—certainly in a domestic situation—of the uncaring. A better option is for a collar that emits a sound or a vibration.

The noble Lord, Lord Jones, raised an important point about the Armed Forces, and I am very interested in the Minister’s response.

From my point of view, this SI is long overdue in preventing unnecessary suffering endured by dogs and cats. I fully support the ban and the measures contained in the SI; there are exclusions, but I am happy with them.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I was not intending to intervene in this short debate but, through sitting here, I think I have something to contribute as a sitting magistrate. I deal with dogs and dog owners in magistrates’ courts in London, and a number of times I have put in place what are effectively dog death sentences for those that have misbehaved. Before one gets to that stage, of course, one would have mandatory chipping and neutering of animals, but sometimes they continue to attack people or other dogs.

It is a very interesting debate, but I have just one specific question for the Minister. We have heard about the unlimited fines on the owner if there is no compliance with these regulations, but can I check that there is no change in the powers of the courts when they are dealing with the dogs themselves as a result of this statutory instrument?

REACH (Amendment) Regulations 2023

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 13th June 2023 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction. As with a number of SIs in the past, we have been facing this issue since 2019. At that time, the Government were urged from all sides, especially the chemical industry, to stay within EU REACH. The data analysis and licensing systems that would not be made available to the UK were and are extensive. This would not be the case if the country remained within EU REACH.

The need for registration, evaluation, authorisation and restriction of chemicals is obvious. It protects the public, plants and animals from the harm caused by toxic chemicals, all of which have to be licensed and registered. This is a complex process. Without access to EU REACH data, a completely new set of data had to be compiled and licensed from scratch. This involves animal testing. We cannot get away from this fact. It is necessary, but it could have been avoided. It will also involve huge financial costs to the chemical industry.

On 4 March 2019, my noble friend Lord Fox and I met Defra officials along with the then Minister. We stressed the huge costs involved, which we felt ran into billions, and the long timeframe needed to get the necessary licences in place. I regret to say that we were treated with contempt and told that it would be much cheaper and quicker than our predictions.

The deadline before implementation has already been extended from that set on 26 March 2019. In answer to an Oral Question in September 2020, Defra revealed that EU REACH employed some 600 staff and took 10 years to deal with the difficulties in the system at a cost of £100 million. Defra proposed to achieve the same with 40 staff, at a cost of £13 million. By December 2020, in a debate on a regret Motion, a cost of £1 billion was mentioned.

Here we are today once again extending the already extended timeframe. This is a piece of elastic that has come to the end of its life. Defra’s estimation of the current costs for completing the licensing is now between £1.3 billion and the figure that I think the Minister mentioned of £3.5 billion. I have tremendous respect for the Minister and his predecessor, but on this occasion I have to say to Defra: “We told you so”.

In a debate in 2020, the noble Lord, Lord Cameron of Dillington, began his remarks by saying:

“My Lords, I would like to echo the regret that others have expressed that we have allowed ourselves to walk into this unnecessary nightmare”.—[Official Report, 8/12/20; col. 1162.]


I could not agree more. It is clear than an extension of the timeframe is needed. Is the Minister sure that the timings now being requested will be sufficient? In its report of 11 May, the Secondary Legislation Scrutiny Committee, to which he referred, says that it does not believe that the alternative transitional registration—ATR—model deadline of 2024 is achievable. Can the Minister say whether, during this extended timeframe, animals will continue to be subjected to painful and harmful testing methods? Others have spoken about the effect and the danger of hazardous substances.

Given that the extended timeframe favours large businesses with the greatest tonnage, can the Minister assure the Grand Committee that the smaller but nevertheless vital businesses often providing subcontract work will be able to survive? How many, if any, businesses dealing with and producing chemicals have gone under since the country left EU REACH?

The Minister referred to the Retained EU Law (Revocation and Reform) Bill. How will the three-year extension period proposed today interact with the sunset provisions in the REUL Bill? I believe he said that there would be no impact, but I would be glad for confirmation. The Secondary Legislation Scrutiny Committee raised this issue and the proposed extended deadlines.

In November 2022, Defra extended the submission deadlines for the consultation outcomes. Some 82% of the 289 responses had a strong preference for a three-year extension. However, the NGOs preferred no extension at all. This was due to concerns that the ATR model would be weaker and less protective of human health and the environment than current transitional arrangements, which are also still under development. UK REACH is supposed to be bound by the Environment Act’s precautionary principle. However, there is clear risk involved in the ATR model.

The Chemical Industries Association, the CIA, stresses the importance of urgently providing legal certainty to businesses. The current level of uncertainty around registration requirements, expected timelines and related costs is not encouraging new market opportunities. Extending deadlines is not providing the clarity needed on the viability of the registration model or allowing sufficient time for appropriate legislation to be developed and for authorities and industries to implement it. The noble Baroness, Lady McIntosh of Pickering, referred to this. Will the Minister please comment?

The CIA is of the view that an effective UK REACH could be achieved even without requiring a full resubmission dossier of all substances already registered under EU REACH. Sadly, so prejudiced is Defra to anything that might smack of the EU, it will not adapt EU REACH and insists that UK REACH will be better. If we ever get there, it certainly will not be cheaper.

I will give an example from the CHEM Trust. In its second-year programme, UK REACH deprioritised controls on nine hazardous substances targeted by the EU. These included concentration limits for eight polycyclic aromatic hydrocarbons used as infill and, in loose form, in synthetic football pitches and playgrounds. These are linked to increased cancer risk. A typical sports pitch uses 120 tonnes of these crumbs. According to a 2017 study, six tonnes of potentially carcinogenic material would be non-compliant with the current EU standards. Is Defra’s prioritisation of fewer EU controls on harmful substances a short-term measure until it reaches capacity, or will it introduce other measures to close the protective gap that is opening up before our eyes?

I have serious concerns about the deliverability of the UK REACH regulations. However, I feel I have no choice but to support the extension of the timeframe for delivery. I have a terrible feeling that the ATR will not be achieved and that we will be debating this issue again before too long.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the Minister for his overview of the SI before us and for his correspondence in advance of today’s debate. I also thank all noble Lords for their contributions, which highlight the importance of the discussion. Given the discussion in the other place, it will not surprise the Minister that His Majesty’s Opposition will support this SI. However, we have some specific concerns relating to the direction of the post- Brexit REACH regulatory framework and the capacity of the HSE as a statutory body to provide effective enforcement.

As we discussed last week in our debate on the packaging waste statutory instrument—I am becoming a pro—the collation of this data is key to the implementation and enforcement of an effective regulatory regime. But that requires the Government to move at speed to ensure that they have the data available to make informed decisions. Paragraph 7.1 of the Explanatory Memorandum states:

“The changes provide sufficient time for the government to develop and introduce a new registration model that will cater for EU registrations transferred to Great Britain under Title 14A of UK REACH”.


The Government have known about the need to develop and introduce this model for seven years. In fact, the Minister will remember that discussions regarding the future of REACH were a regular feature of the debate around Brexit in the other place before and after the referendum. Given that the industry has been doing everything possible to support the department in reaching a new model, can the Minister inform the Committee why the department is so far behind schedule and why this is being addressed only now?

Paragraph 7.2 of the EM states:

“The statutory timelines for HSE to carry out their compliance checks on the information submitted by industry are also being extended to align with the data submission deadlines”.


I sound like a stuck record, but this is a similar situation to the ones we have seen with imports of food and certain goods from the EU, with launch dates repeatedly postponed due to a lack of preparedness. Can the Minister inform the Committee why we repeatedly need to extend the deadlines?

Later paragraphs of the EM—from paragraph 7.7 onwards—explain why His Majesty’s Government have opted to take a different approach and outline the likely timescales on implementing changes to IT systems. Why were industry concerns about the cost of the original proposal not given more weight at the time? How many civil servants have been used and how much financial resource has been spent on the original option? How much of the work that has already been done can Ministers carry over? While industry supports the changes being made, concerns have already been voiced about the workability of the alternative system and its potential implications for safety, which must remain paramount. We are not against divergence from the EU, but we must not allow gaps to form in our regulation of chemicals. Neither businesses, workers nor citizens will benefit if health and well-being are put at risk unnecessarily.

The Minister in the House of Commons, Rebecca Pow, addressed concerns about the HSE’s capacity by saying:

“Its capacity is increasing all the time … by 2025 the number of HSE staff working on UK REACH delivery is expected to grow to 50, and the number is around 60 or 70 if we consider the wider support functions”.


We welcome that ramping up of capacity, but is the Minister satisfied that this staffing level is sufficient given the areas that we are talking about? In that debate, the Minister also said that the department

“will be developing a chemical strategy”

and that we

“will hear more about that in due course”.—[Official Report, Commons, Fifth Delegated Legislation Committee, 16/5/23; cols. 9-10.]

Can the Minister here, the noble Lord, Lord Benyon, be any more specific? How confident is he that this will not simply be added to the list of items that arrive late?

I sincerely believe that each and every one of us wants nothing more than a regulatory framework that keeps our population safe and secure. Given the nature and importance of the REACH regulations, it is therefore vital that we do not just get this right but get it done quickly.

Agricultural Tenancies

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I begin by welcoming this Statement and the fact that the Government are agreeing to implement many of the recommendations from the Rock review. I also thank the noble Baroness, Lady Rock, and everybody who has been involved in the Tenancy Working Group for their work in producing such an excellent report.

Why does this report matter? Tenant farmers remain an important part of British agriculture. Tenants farm 30% of farmed land in the UK, and this is a traditional means of entry for young farmers who do not happen to inherit a farm.

Tenant farmers are vital if the Government are to meet their ambitious commitments across food security, the environment and climate change, as well as levelling up rural communities. A clear government commitment to the agricultural tenanted sector is important to the future of farming in this country, so it is very good to see that, as the Statement says, three-year agreements are now being offered for tenants to participate in the sustainable farming initiative. Yet, according to the Tenant Farmers Association, a lack of security over the future and not knowing if they will still have their farms in five years’ time is the biggest worry for most tenant farmers, who are under a farm business tenancy. This therefore provides very little incentive for them to invest in the medium to long term in their farms.

In commenting on the Government’s response to the review, the noble Baroness, Lady Rock, said that she was disappointed that they had not recognised its findings regarding the increase in new clauses being inserted into farm business tenancies that reserve the right to enter public and private schemes solely for the landlord. Can the Minister tell us why the Government made that decision?

The Statement also says that the Government must

“remove any remaining barriers to accessing our farming schemes”.

This, of course, includes much more than just the sustainable farming initiative. Why did the Government not accept the proposals from the Rock review to make it easier for tenants to enter the tier 2 and tier 3 versions? This is where a lot of the schemes will sit. I am thinking particularly, for example, of Countryside Stewardship and landscape recovery. Can the Minister also tell the House how the Government intend to deliver the review’s recommendations on securing tenant access to the new environmental land management schemes on tenanted land when there is no landlord consent?

The noble Baroness, Lady Rock, also said that she was

“disheartened that the Government has avoided the recommendation to allow tenant farmers to have a fair basis on which to engage in diversified activities and that the proposal to involve the independent Law Commission has been downgraded”.

Again, can the Minister provide an explanation as to why these decisions were taken?

I move on to the next announcement in the Statement: the establishment of the farm tenancy forum. We very much welcome this, but is the Minister able to further clarify its role? It will be important that it does more than just monitor and ask for further evidence. It will need to fulfil its task of implementing the Government’s response to the Rock review—all the good things that are in that—and should not be just a rolled-over version of its predecessor.

We are pleased to see that the Government are going to progress the development of the new code of practice and very much welcome the leading role to be taken by the Royal Institution of Chartered Surveyors.

Regarding the further consideration of the recommendation of a tenant farming commissioner, the review clearly laid out exactly why this is needed. Can the Minister assure your Lordships’ House that the call for evidence will be carried out with a real sense of urgency?

Finally, we know that there is continued anxiety around the future of farming and a need for more training and business support, so we very much welcome the commitment in the Statement regarding the new entrant support scheme pilots. Can the Minister provide any information as to when we are likely to have more detail about that? It would be interesting to know how long the pilot scheme will last, when they are likely to implemented and so on. Encouraging more people to enter farming is vital if we are to have a thriving agricultural tenanted sector in the future.

I look forward to the Minister’s response, but we warmly welcome the fact that the Government are committed to implementing the bulk of what is in the Rock review.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful for this opportunity to comment on the tremendous work that the noble Baroness, Lady Rock, and her team have done on the tenant farming sector, which plays such an important part in the agricultural provision of the country.

The Statement, given in the other place on 24 May, draws on the government response to the Rock review, which was published in October last year. The review itself was extensive and covered every area of the way that agriculture is conducted by tenant farmers, from relationships with landlords to tax systems. Tenant farmers are now firmly at the centre of the agriculture industry. I am delighted that Defra has proposed setting up a tenant farmers’ forum; that is excellent news. Tenant farmer voices need to be not only heard but listened to.

I read the Rock review, the government response and the Statement, and thought that the Statement was very thin on the detail of the government response and the review itself. The review splits its recommendations into two parts: those requiring immediate action and those taking place over a longer timeframe.

There are aspects of the government response that were good. First, the Government are ensuring that the various ELMS are easily accessible and open to tenant farmers; that is essential. Recommendation 1 gives details of how this could be achieved, including by ensuring that landlords are not able to block tenant applications. However, in terms of the SFI, it is true that tenant farmers have not rushed to take part. Can the Minister say what the Government are doing to rectify that situation?

Secondly, the Government are ensuring that Defra communicates with the tenant sector and that funding schemes are easily accessible to tenant farmers; that is important. Doing this through the farm tenancy forum is also important. Thirdly, they are continuing to invest in farm infrastructure through the farming investment fund by means of grants to farmers, foresters and growers, which will include tenants. Science and technology are moving at a pace; it is vital that tenant farmers have access to resources to invest in innovation. Is the Minister able to say how much of the £168 million in the FIF has been allocated to the tenant farming sector, and is this likely to be sufficient to make a real difference to the tenant farmer?

Other aspects of the response were not so encouraging. Requiring a longer period for implementation is the proposal in recommendation 6 for the appointment of a tenant farmer commissioner. This role would ensure that government policy is tenant-proofed. The commissioner would be able to examine and strengthen any dispute resolution processes. That was met by Defra with a call for evidence over the summer months. This seems to have been in response to industry lobbying with differing views, possibly from the landlord sector. That was disappointing, so I would welcome the Minister’s view on the appointment of a tenant farmer commissioner.

There were also a large number of recommendations, where the government response was to

“work with the … Farm Tenancy Forum”.

While that is exactly what they and the forum should be doing, it seems to me that the Government were pushing a disproportionate amount down to the forum. It would be better if they made a much more positive response to the individual recommendations in the Rock review in the first place.

The chapter on tax contained a number of recommendations, including recommendation 62:

“Reform Stamp Duty Land Tax to end discrimination against”


farmers. The government response to this and to recommendations 56 to 58 was to explore the potential for relief on tenancies of eight years or more and to work with the forum on solutions. Again, that was not as encouraging as it might have been.

In the other place, the previous Secretary of State raised the issue of the Law of Property Act 1925 and the Agricultural Holdings Act 1948, whereby landowners had a right to rent out their land. However, following lobbying by the banking industry, that was taken away through Section 31 of the Agricultural Tenancies Act 1995, which requires that they now need permission from a bank. The question was asked whether the Government had considered repealing Section 31. The Minister’s response was to look into the matter and get back to the right honourable Member. Given the length of time that has elapsed since the Statement was first debated, can the Minister update the House on whether this is likely to be considered?

Tenants, and farmers in general, are bogged down in measuring and monitoring what they do. Recommendation 68 calls for Defra to

“systematise the measurement, monitoring and collection of data on tenants and their involvement in schemes”.

This is not rocket science and it will make a tremendous difference to tenants and other farmers. The Government’s response was quite long and ended with:

“We will keep this question under review as part of our monitoring, evaluation and learning work, to ensure we have all the necessary evidence to inform ongoing policy review and development”.


So that was a no. The Government are obsessed with monitoring and evaluation; as the saying goes, you do not fatten a pig by continually weighing it. The noble Baroness, Lady Rock, has taken an enormous amount of time on this review and produced some workable recommendations which would enhance the lives and viability of tenant farmers. I am disappointed by the government response.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

I thank both noble Baronesses for their welcome for the review, which I entirely share. I should refer noble Lords to my entry in the register: I am not just a farmer but a member of the Royal Institution of Chartered Surveyors.

I pay a real tribute to my noble friend Lady Rock for what she has done to ensure that tenant voices are heard at this key moment in our agricultural transition. It was entirely right of my right honourable friend George Eustice to commission her. The team she had around her did an enormous amount to help Ministers on policy, but also to give a voice to a very important part of our agricultural sector.

From day one of the agricultural transition, we have worked with tenant farmers as we have codesigned our farming schemes, utilising their input through our tests, trials and pilots to develop schemes so that they are accessible to all. But we are grateful to the review for highlighting some areas which we have taken action to ensure are accessible to tenants. We recognise how critical the tenanted sector is to a successful agricultural transition. When we commissioned the tenancy working group to carry out this comprehensive review, we were absolutely clear from the start that tenants must continue to be a very significant part of the occupation of land and the production of high-quality food in this country.

I will address the various points that the noble Baronesses raised, but not in any order—I hope they will forgive me. On the farming investment fund raised by the noble Baroness, Lady Bakewell, we have made productivity and capital grants, such as those available through the farming investment fund, available to both landlords and tenants.

There are over 70 recommendations in this review and many we have already delivered on, such as the very important point about sustainable farming incentive standards. We have three standards that were launched a year ago: they are the standards on arable and horticultural soils, improved grassland soils and moorland. We have announced six new standards for this year, which include hedgerows, integrated pest management, nutrient management, arable and horticultural land, improved grassland and low-input grassland. We want to make sure that tenants can access those, in many cases without landlords’ consent. That is an absolutely key point, but other measures are also available to them in such areas as countryside stewardship.

Some of the Rock review recommendations have widespread stakeholder support. There is less consensus on others and we want to make sure that we are getting it right, so asking for a call for evidence on whether having a tenant farming commissioner is right seems a good process to undergo before appointing one. However, we are open to the idea; I want to reassure noble Lords on that.

The noble Baroness, Lady Hayman, asked about the Farm Tenancy Forum. The current Tenancy Reform Industry Group is an ad hoc organisation that meets on an irregular basis to resolve particular issues. The Farm Tenancy Forum will meet quarterly; it will be co-chaired by my right honourable friend Mark Spencer, the Farming Minister; and it will have a remit to find solutions to various issues relating to the tenanted sector and feed back real-world experience and insight on progress. We are inviting industry organisations that represent tenant farmers, agricultural landlords and professional advisers who work in the sector to be members of this group. The forum will build on the valuable work the Tenancy Reform Industry Group delivered over many years. To explore the issue of a tenant farming commissioner in more detail, we will make an announcement this summer at the completion of the call for evidence.

We recognise that, in many cases, tenants and land agents—and I speak as somebody who qualified as a land agent—work collaboratively. The vast majority of the relationships between landlords and tenants is good. There are some bad cases, and the report highlighted the actions of some advisers that need to be addressed. I am pleased that the Royal Institution of Chartered Surveyors is looking at a new code of practice. That will build on work that has already been done by the CLA and the Central Association of Agricultural Valuers to make sure we are getting that right.

The government response recognises that the issue of restrictions in farm business tenancy agreements needs to be examined further to see whether those are a widespread barrier to tenants accessing new schemes. We have to remember that if we make dramatic changes to policy, we could stop the access to farming by this key group of people, because the incentives to landlords to let land will not be there. That has happened in other countries, and we want to make sure that the vibrant tenant farming sector exists because landlords are incentivised to let land and, once they have let it, farmers can get on and farm it, secure in the knowledge that they are going to be able to access the schemes and know they are not going to have what is known as unreasonable land resumption, which is basically the ending of tenancies.

I can speak from first-hand experience about the importance of the term of years of tenure. The report makes some really interesting comments about trying to incentivise landlords to give longer tenancies, and some of the tax reforms announced by the Chancellor—the Government are seeking evidence on them before making a change, and it comes under the Treasury and not Defra—are the sorts of things we will be promoting. What is clear is that as you get to the end of a farm business tenancy, the tenant has less and less incentive to invest—in buildings, in the natural capital that he or she is seeking to exploit—and nobody wins. To give them some sort of surety was one of the best points that was made in the review.

The noble Baroness, Lady Hayman, asked about new entrants, something vital to me and to us in Defra. On the one hand, we have given the exit scheme to allow farmers to exit their holdings with dignity and support from the Government. At the same time, we are putting in £1 million for access to special benefits by tenants as part of the development of the new entrant support schemes. We will involve tenancy industry bodies such as the Tenant Farmers Association to be part of the stakeholder advisory group. We will share data on the number of tenants that have signed up to the pilots, use the feedback we get from tenants to embed tenant farmer thinking back into policy design, and look to the extent to which new entrant support scheme pilots support people to gain new tenancies.

The biggest barrier to somebody succeeding in farming and getting through the door is a shortage of capital or skills. If you assist a new entrant in setting out a business case for a tenancy that comes available, how to talk to a bank and how to do a cashflow, their skills and enthusiasm will take on the rest. We have seen this happen, and I applaud so many good landlords for doing it. That is the experience of the Duchy of Cornwall, the Crown Estate and many others. Clinton Devon Estates is a great example of a really enlightened policy of trying to encourage new people into farming and bringing in new ideas, which is absolutely vital.

I am conscious that this is a long Answer; I was asked a lot of questions. On the tax recommendations, as I said, at the Spring Budget we launched a consultation to explore the extension of inheritance tax relief to include land in environmental land management schemes and ecosystem service markets. The consultation also explores the option to limit inheritance tax relief to let land out for a minimum of eight years. Since publication of the review, HMRC has updated its inheritance tax manual to help clarify the tax treatment of agri-environment schemes.

On the point about technology and the collection of data, this is not particular to tenant farmers: it is absolutely vital across the farming sector. Technology is our friend here. Someone with the scars on their back of IACS, going round with a measuring wheel and arguing on the phone with Defra—or MAFF, as it was then—about whether you had one-metre or two-metre margins, can now do it from satellite data or with their mobile phone. The collection of data has to be easy and sensible, and we need to incentivise people to do it. That will assist in so many areas of the governance of farming, not least the availability of land for tenant farmers. We want to make sure that that is happening.

Water: Wales and England

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 7th June 2023 Lords Chamber

[Lord Benyon (Con)]

There are plans for more reservoirs. A reservoir in East Anglia has increased in size and, I hope, we will very soon see plans being brought forward by Thames Water for a major reservoir that will resolve many of these issues. The reservoirs in London were closed because a ring main was created, which is sometimes quoted erroneously in this case.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, water is an essential resource, but we have seen it being polluted on a grand scale through legal sewage overflows. This week, we have also seen that the water network of Ukraine is vulnerable to catastrophic attack, causing great personal distress and huge environmental damage. The noble Lord, Lord Wigley, has highlighted the need to move water around the country, from areas of plenty to those suffering scarcity. Is the Minister confident that, nationwide, we have sufficient water resources to meet the current population’s demands?

[Lord Benyon (Con)]

If you draw a rough line from the Bristol Channel to the Wash, all that is north and west of it has a surfeit of water, but there are areas that are south and east of it where rainfall is often below that of some countries in sub-Saharan Africa. That is why our environment improvement plan sets a clear reduction of demand, halving leakage rates, developing new supplies, moving water to where it is needed and reducing the need for drought measures that can harm the environment.