Agriculture Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I offer the Green group’s support for Amendments 155 to 157 and thank the noble Lords who tabled them and supported them. This debate and the questions have brought out the political impact of the relatively low number of votes in the countryside. We have seen just this morning, with the report on the distribution of the Government’s regeneration fund before the last election, how, since we do not have a rules-based system such as the EU’s whereby funds are distributed to the areas that are most disadvantaged and most in need, it very much depends on the Government’s view of where such money should go.

This debate has focused a lot on keeping what we have in the countryside: alternative businesses, non-farm businesses and alternative sources of revenue for farmers. But what is the Government’s vision for the countryside —where do they see money going, say, from the UK shared prosperity fund? Do the Government see the countryside as a place where there can be large numbers of new, growing, farming, food-producing businesses, and large numbers of good jobs—not simply pickers who are casual workers coming in for a couple of months and then going away again having lived in caravans, but people who can make their lives in the countryside? Is that the kind of vision of a horticulture-rich, healthy food-growing countryside—tying together many of our debates from last year—that the Government have?

[Lord Gardiner of Kimble]

My Lords, the vision is for a prosperous rural economy, which obviously includes food production and agriculture. However, a whole range of communities form the rural economy. We want to ensure that all rural dwellers have the same opportunities. I have to say that very few industries have been promised that they will retain the same annual contribution from the taxpayer for the whole of this Parliament; sometimes noble Lords forget that in some of their commentary. That is most exceptional, and it shows that the Government support farmers and rural communities. That is of course why there is a very significant investment in the broadband structure. Therefore, there is a considerable vision for a prosperous, skilled and innovative agricultural sector within a broader rural economy.

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[Baroness Rock [V]]

My Lords, again I declare my interests as a director of a tenant farming enterprise. I support Amendment 237 in the name of the noble Baroness, Lady McIntosh. I was pleased to add my name to Amendments 238 and 243 to 246. I welcome the clear intention to ensure that tenants are not excluded from financial assistance schemes.

Amendment 238 seeks only to ensure that all potential circumstances that could arise for a tenant to need their landlord’s consent are covered. Some schemes, by their nature, require tenants to seek the consent of their landlords, regardless of legislation or their contracts of tenancy. Those individuals would not be able to use the provisions of this legislation to object to a landlord’s refusal, in those circumstances. This amendment merely extends the opportunity for reasonable objection to apply to any and all situations where the landlord’s consent is required. The amendment is not seeking to expand the remit of the legislation beyond what the Government intend, just to ensure that no one is left out of being able to use this provision.

I welcome the provisions of Schedule 3, in particular those allowing tenants to object to a landlord’s refusal to grant consent to enter a financial assistance scheme, but the exclusion of farm business tenants is a mistake. By their short-term nature, restrictive terms and high levels of rent, FBTs deserve the protection of this legislation. Over time, FBTs will become the major way in which non-landowners become farmers, and it is important that the legislative basis for their occupation is secure. As the Government rightly move towards a new mechanism to support farm productivity gains and public goods, it would be tragic if FBTs had no recourse against unreasonable landlords who refuse consent for them to be part of that new direction of travel.

I recognise that there is a balance between ensuring that we do not disincentivise landlords and ensuring that tenants have sufficient opportunities to take part in new schemes. However, given the restrictive terms of many FBTs and the lack of impetus to improve them in the marketplace, the balance should rightly ensure fair scheme access for all tenants.

While it is government policy to ensure long-term FBTs, it is disappointing that the Bill does not contain the provisions to assist with this that were proposed by the Tenancy Reform Industry Group—TRIG— which formed part of the Government’s consultation. Amendment 246 rectifies this. The marketplace does not currently deliver a sufficient number of long-term FBTs and the Government could do more to promote their use. These provisions should provide comfort to landlords who have to deal with tenants who breach the terms of the agreements or when land is required back for non-agricultural use, planning consent for change of use having been obtained. While these new provisions will have direct benefit for landlords, who are prepared to let for longer periods, they will provide indirect benefit to the tenanted sector as a whole, by providing scope for a greater degree of longer-term tenancies.

Finally, on Amendments 243 and 244, many successful businesses are family enterprises, no more so than in agriculture. Tenancy succession provisions ensure the longevity of farming businesses, and it is right that there should be eligibility criteria for who can succeed to a tenancy. Other bits of the Bill speak to that issue. One area that is limiting for many farm businesses with succession rights is the close relative test. Often it is nephews, nieces and grandchildren who are involved in the farm, rather than the children of the retiring or deceased tenant. It is important to recognise that these wider members of a family farm may be the most appropriate individuals to succeed. This issue was considered by TRIG and formed part of the Government’s consultation on agricultural tenancies.

The tenanted sector is responsible for farming at least one-third of the agricultural area of England and Wales. We must ensure that tenant farmers are able to participate fully in schemes to contribute to the future of farming.

[Baroness Bennett of Manor Castle [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Rock, and to echo many of the sentiments she expressed on Amendment 246, to which my noble friend Lady Jones of Moulsecoomb has attached her name. I will speak briefly to Amendments 158 and 159. Amendment 158 is on county farms, which is something that we have heard discussed broadly, its importance stressed by many sides, so I will not detain the Committee on that.

I want particularly to address Amendment 159, in the name of the noble Earl, Lord Dundee. This in many ways addresses the question I put to the Minister after the previous group of amendments. Do we perceive our countryside as a place where we can see a growth of a different kind of business and economy—strong local economies, rich communities of small independent businesses producing food and providing services for those businesses? The vision set out by the noble Earl in this amendment reflects some very exciting work that is being done in Wales. We are seeing exciting experiments and developments in the devolved Administrations that could be transferred to England. That is the idea of One Planet Living: that it is possible to create developments that meet our environmental, social and economic goals and are different from what has gone before, which may not increase the concentration of land ownership, but may create opportunities for small independent landowners, businesses, tenants and people to operate different kinds of businesses, in different ways.

I do not need to tell your Lordships that land ownership in England is incredibly concentrated. We have a situation in which half of England is owned by less than 1% of its population. If we were to share the land of England around the whole population, everyone would get half an acre each. In the light of Covid-19, we may see that people wish to explore different ways of living, different kinds of businesses, different ways to work and support themselves, and different ways to work in communities. This amendment is an exciting possibility and way of doing that. I commend it to the Committee.

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[Lord Greaves]

My Lords, it is a real privilege to take part in the debate on this group of amendments, which has produced some of the most interesting and outstanding speeches in the whole of this Committee stage; the Government may think that some of them were a little long but I think that people can be excused if they are really good.

I signed the amendments tabled by the noble Lord, Lord Hodgson of Astley Abbotts. I must say, when I did so, I did not have a clue about what he was going to make of his amendment and what he was going to say. His speech is one of those that I want to go back to and read carefully tomorrow. It was quite outstanding and put some of the problems that we have been talking about in a wider geographical and longer-term context. I am pleased that I signed that amendment.

I am also pleased that I signed the amendment tabled by my long-standing friend, the noble Lord, Lord Hain, who, along with the noble Baroness, Lady Boycott, introduced the concept of food insecurity as opposed to food security. It is an absolute scandal, as I have already said in Committee, that we are arguably the fifth or sixth-richest country in the world—one of the richest countries ever in the world—and we have food banks. Something is seriously wrong. I remember that, when I was quite young, in the working class district I grew up in, it was well known that, in the households, the wife would go without food to feed the husband, who was the wage-earner. The vital thing was that that wage continued. Nowadays, even in the town I live in, Colne—near where I represent on the council—we know that young women are going without enough food in order to feed their children. This is 2020. This country has never been as rich as it is now, yet this is going on. Something is seriously wrong. I would say that something has to be done about it, but that is a cliché, I know.

I was very pleased to sign the amendment tabled by my noble friend Lady Parminter about food waste. The noble Lord, Lord Hodgson, had, I think, four apocalyptic subheadings in his speech, and one was shortage of food. The amount of food wasted in this country—in all the developed world—is absolutely shocking. It happens on the farm; in production, to some extent; in the supermarkets, which are getting a bit better but it still happens there; and in the hospitality industry. People are buying too much food and throwing appalling amounts away without even putting it on a plate, and people are putting too much on their plates and throwing half away. The amount of food wasted in households is a disgrace. I was a war baby and it is hard-wired inside my head that if the food is on the plate, you damn well eat it. Sending food back on a plate, even if I hate it and it is horrible, is something I find very difficult to do, because that was hard-wired into me in the first 10 years of my life. Nowadays, people do it all the time and do not think anything about it. We have to get back to the idea that you buy food, you cook food, you eat that food, and you do not eat too much—you cook the appropriate amount. This is very important. If we are talking about government propaganda exercises, which they seem to be heavily into at the moment, that is one that they might take on in a big way.

We have been told that we are leaving the European Union—the common market, the single market and the trade area—to have control over our own borders. Then we get this Bill, which is about providing farmers with sufficient income and providing sufficient food and food security and so on. The Bill gives the Government all these powers but, as the noble Lords, Lord Adonis and Lord Whitty, and many others keep saying, we do not know what the Government’s policy is for using these new powers that they will have. We do not know if, as far as trade is concerned, they will go for open borders and cheaper food. If that happens, how will they support the farmers? We do not know whether they will encourage more expensive and higher-quality food and keep the imports out. We have no idea. We know that some members of the Conservative Party are very pro-farmer and very worried, but we know that lots of others want us to be a buccaneering, free-trading country and want us to go back to the repeal of the Corn Laws and so on. Until we know the answers to those questions, we do not really know how this Agriculture Bill will pan out. It is very unsatisfactory that we are providing the Government with the framework, but it is in a vacuum.

[Baroness Bennett of Manor Castle [V]]

My Lords, I begin by referring to Amendment 168, which appears under my name on the Marshalled List, and I thank the noble Baroness, Lady Boycott, for her support for it. I have already referred to the many environmental and health advantages of plant-based foods, but this amendment refers specifically to the issue of food security.

I refer noble Lords to the Food and Agriculture Organization of the United Nations 2019 report, The State of the World’s Biodiversity for Food and Agriculture. It points out that nine species are responsible for two-thirds of the world’s crops, and 40 types of livestock produce nearly all the meat, milk and eggs. We suffer from a similar lack of diversity in the UK. A handful of crops dominate our land, as you see when you travel around the country. Not having crop diversity also means that you do not have the variety of insects and microbes—the suite of ecosystems that would accompany different crops. There is also the huge risk of one disease or bad season for a particular crop having a huge impact. But moving more into plant-based foods—perennial crops, tree crops, nuts and fruits—creates a more diverse and secure system, in terms of the first sort of food security identified by the noble Lord, Lord Krebs. Moving towards plant-based foods gives you a more diverse and secure food supply.

I refer also to Amendment 169, which appears under the name of the noble Baroness, Lady Parminter, and which I was pleased to sign. It refers to the issue of food waste, which many noble Lords have already referred to, and demands a report from the Government on food waste and surplus. It would be a crucial step forward that I hope the Government will be prepared to accept. We have a situation where many sides of the House and many parts of the country agree that food waste is a problem, but action has chiefly come from independent charities and community groups. FareShare, for example, rescues huge quantities—but still a tiny percentage—of the food from supermarkets that is largely going to waste, and reaches 11,000 charities and community groups around the country.

That brings me to the crucial way in which waste interrelates with food security in the second sense referred to by the noble Lord, Lord Krebs, which is people being able to afford the food. A shocking figure from FareShare is that half of the people accessing its food have recently gone a day without food before being able to access that food that has been rescued. I will also mention the Real Junk Food Project, which started just up the road from me in Leeds and has spread to 120 projects in seven countries. We cannot keep relying on such groups to act on food waste; this needs to happen at a government level.

I also refer to Amendment 171 in the name of the noble Baroness, Lady McIntosh of Pickering, signed by my noble friend Lady Jones of Moulsecoomb. There is a crucial point to be made about this: it says that the Government must have targets for food security. We have addressed, in many different contexts, the fact that the Government cannot just have powers; they need to have duties. As the noble Baroness, Lady Ritchie of Downpatrick, said, this is possibly one of the most important areas of the Bill. This has to be a duty, not just a power to act.

This brings me to Amendment 162 on annual reports. I shall refer noble Lords to what is now an old report, from 2008, but still worth looking at: Nine Meals from Anarchy from the New Economics Foundation. Noble Lords may recall the fuel blockade, another occasion on which our shelves suddenly emptied. We have no idea when challenges, risks and sudden changes in the world situation will occur. Many noble Lords have talked about the climate emergency, but they could be natural, political or economic, and all of those things are risks that arise very quickly, so I think annual reports are the way to go.