Agriculture Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

My final point is that not only is that the case, but every four years the Assembly could be asked whether it accepts and is prepared to continue with these arrangements, with us being left in the European Union regulations. When the amendment in the name of the noble Lord, Lord Hain, looked for multi-year financial deals, how do you even contemplate that when you have these levels of uncertainty? It is very difficult, and I sincerely hope my noble friend will be able to clarify the matter absolutely so that everybody in Belfast will know where they are.

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

My Lords, I follow the noble Lord, Lord Empey, and somewhat to my surprise very much agree with his call for honesty, a reality-based politics about the situation of the border down the middle of the Irish Sea and the need to acknowledge and deal with it. However, I disagree that that means there is any sort of argument against Amendment 290 in the name of the noble Baroness, Lady Jones of Whitchurch, or Amendment 291 in the name of the noble Lord, Lord Wigley.

Whether it is a co-ordination council or a framework, the particular situation of Northern Ireland and the differences that will happen under each of the devolved Administrations in all our nations demands some kind of co-ordination. I can imagine that the Minister may get up and say, as we hear so often, “Wait for the regulations, we will sort this out later”. Let us focus on the fact that the other place has already gone off on its summer break. Time is moving on and it is surely essential to have a mechanism for co-ordination in the Bill.

I also support Amendment 283 in this group in the name of my noble friend Lady Jones of Moulsecoomb. She has done a sterling job throughout this Bill, as I am sure your Lordships’ House has noticed, in ensuring that animal welfare issues remain front and centre of all aspects of the Bill, as they must.

At the special request of the Green Party of Northern Ireland, I have risen chiefly to speak to Amendment 289 in the name of the noble Baroness, Lady Ritchie of Downpatrick—in shorthand, the sunset clause for Northern Ireland. Particular circumstances here demand action from the Government to incorporate this into the Bill. Due to the absence of a sitting Assembly from January 2017 to January 2020, there was very little consultation in Northern Ireland on this Bill. The scrutiny that did take place was over one day. The Committee on Agriculture, Environment and Rural Affairs heard evidence from stakeholders, looking also at the Environment Bill and the Fisheries Bill. Due to the complexity, the committee was unable to explore fully the situation of this Bill, but it indicated in its report that it would endorse a sunset clause similar to that provided by Wales—the provision in Amendment 289.

The committee then recommended a timeframe ending at 2024, but I think that the noble Baroness, Lady Ritchie, is right: given the practicalities of Covid-19 and the electoral cycle, 2026 is the right timing for this. Without this amendment, Northern Ireland will be stuck with a basic payment system without any end in sight, with all the complexities and complications that the noble Lord, Lord Empey, has just outlined. Northern Ireland needs the opportunity to develop its own agricultural legislation, specific to its context. Here we are talking about geography, climate, soils and the political framework.

I hope that the Government will agree to the amendment. Looking to the future, I do not think that I can do better than to quote the remarkably elegant words of the noble Lord, Lord Wigley, when he said very late on Tuesday evening that we need a system that works for all the nations and respects the rights and wishes of all the nations,

“based on transparent and equitable mechanisms and underpinned by mutual respect”.—[Official Report, 21/7/20; col. 2200.]

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I do not need to speak any further on these two amendments. I think they are exciting; they may need some tweaking and may need to be looked at again, but I thank the noble Baroness for triggering one of the most exciting and important debates we have had on the Bill.

[Baroness Bennett of Manor Castle [V]]

My Lords, I offer the Green group’s support for Amendments 218 and 219. I associate myself particularly with the remarks of the noble Baroness, Lady Jones of Whitchurch, as she moved Amendment 218, referring to the lack of collective bargaining for agricultural workers in England as exceptionally damaging. As the noble Lord, Lord Whitty, commented, the loss of the Agricultural Wages Board was a disaster and something that I also opposed at the time.

Where I perhaps have cause for some pause is on

“an appropriate supply of seasonal agricultural workers”.

As a number of noble Lords have reflected, a heavy reliance on seasonal workers is not necessarily a way to produce fair, decent jobs, a well-populated countryside and strong communities in it. We want people who are resident year-round to have good, solid, reliable jobs. We should still think of agricultural labour as something that fits in with the desire of many people for part-time and flexible working that suits their needs. Back in 2013, I was at a Fruit Focus horticultural field day and spoke to a grower there who talked about how, back in the 1970s, housewives—as they were then described—students home from the holidays and people coming from the towns into surrounding orchards would work as and when they could. That of course requires a very different sort of agriculture and food supply system that supermarkets would have great difficulty with, but it would be a way of ensuring that people had the opportunity to earn money. Labour is available.

I contrast that with a report in the Times newspaper a couple of weeks ago reflecting, as many noble Lords have done, on how the lack of workers from the European Union and beyond this year has caused difficulties. An asparagus grower was quoted as saying, “Well, you know, British workers just won’t do 12 hours a day of back-breaking work.” Well, I do not believe that we should have a food system that relies on anybody doing 12 hours a day of back-breaking work. We need to ensure that there are jobs that a reasonable range of people can do over a reasonable range of their lifetime, and that needs to fit in with people’s capabilities and capacities, and the skills, as the amendment alludes to, very much need to be developed through far more education and training.

I want to reflect also on what the noble Lord, Lord Naseby, just said about mutuals being involved in supplying housing for workers. We also need to look at encouraging, supporting and assisting in the growth of co-operative models of food production and food growing. Your Lordships might be interested in looking at OrganicLea, not very far from where those of you who are in the Chamber are sitting. It is a co-operative growing good, healthy fruit and vegetables and ensuring that its workers are part of a whole team.

I want also to commend the noble Baroness, Lady Jones of Whitchurch, on her reference to mental health. An issue that I have been raising elsewhere in your Lordships’ House is the epidemic and truly awful levels of mental ill-health in the building industry. We have been talking a lot about key workers recently; builders and farm workers are clearly key workers. They need to have good, stable, secure jobs that can last through a working life, that fit within their practical capabilities and that give them a decent life and decent wages. So I commend both amendments to the Committee.

[Viscount Trenchard (Con)]

My Lords, I acknowledge the expertise in this area of the noble Baroness, Lady Jones, but am sceptical that her Amendment 218 would achieve the purposes she envisages and believe that it is unnecessary and indeed could be counterproductive. As my noble friend Lord Naseby mentioned, we already have excellent agricultural colleges, such as Shuttleworth and Cirencester.

The amendment represents an attempt to interfere with the supply of workers in ways which the market may or may not support. It presumes that there is likely to remain a shortage of trained agricultural workers. Is it not likely that further mechanisation will reduce the demand for agricultural workers? Is it not also true that much agricultural work does not require much training and is seasonal in nature? I ask the Minister to confirm that our future immigration policy will recognise the need and provide that foreign workers may be admitted to the UK for limited periods to carry out fruit picking and related jobs.

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[Baroness Bennett of Manor Castle [V]]

My Lords, I was delighted to attach my name to Amendment 227, in the name of the noble Baroness, Lady Young of Old Scone, and Amendment 228, in the name of the noble Earl, Lord Dundee. I also express my support for Amendment 228A, in the name of the noble Lord, Lord Greaves, which makes an important point about the need for joined-up thinking to ensure that what is being decided and acted on at a local level is reflected in national action. I also very much put myself behind his comments on the state of our SSSIs and the issues in that whole area that desperately need to be addressed.

When I came to think about the whole idea of a land use strategy, I started by reflecting on how many invitations I have had to conferences, how many reports I have had sent to me, and how much work has been done by a whole range of civil society actors, academics and campaign groups over recent years on how land is used in the UK, and in particular in England. There is real frustration, determination and understanding of the need for change. I will refer to a couple of these.

Back in 2014, perhaps one of the most aptly and clearly named was a report on The Best Use of UK Agricultural Land, produced by the University of Cambridge Institute for Sustainability Leadership. Look at the ongoing work from what was the Royal Society of Arts’ Food, Farming and Countryside Commission—it does a great deal of exciting work, although it has now perhaps moved more towards a local level. It asked how we should, can and must use our land. I also point to an excellent report from Dr Helen Harwatt from Harvard University, Eating Away at Climate Change with Negative Emissions, which was presented at an excellent Grow Green conference that I went to.

I will not take up too much of your Lordships’ time in making a long list, but I am sure that most noble Lords taking part in this debate would be able to add a dozen or half a dozen similar to those on that list. There is clearly a real hunger for an overview or vision of what land use should look like. If we are to say how we, as the nation of England, are to form a view of what we want our land to be used for, surely the Government have to provide the place where that is coalesced. I hope that that would be in some kind of citizens’ assembly, with a consultative process, but producing the sort of outcome that Amendment 227 refers to.

Before I comment directly on Amendment 228, I stress that what I am about to say reflects my personal views. I should be fair to the noble Earl and say that it may or may not reflect exactly his intentions in placing the amendment. When I saw this amendment and decided to put my name to it, I thought of a brilliant performance which has been described as a show, a sing-along, and a TED talk-style live event: “Three Acres and a Cow”. It draws its title from campaigns over land use and access to land in the 1880s, and which we saw again in the 1920s. We have a long-term drive in England in particular—we have already seen some fruitful developments in Scotland in these areas—for people to be able to get access to land to start their own small businesses, produce food for themselves and for others, and get together in co-operatives. I point also to the excellent The Land Magazine, which describes itself as an occasional magazine about land rights and which often explores these issues.

These two amendments aim to ensure that there is a sense of direction— something which we have heard again and again is lacking from the Bill. However, I want briefly to address the comments made in an earlier debate by the noble Lord, Lord Naseby, when talking about pesticides. He said that this is not the year to make dramatic changes. Respectfully, I very strongly disagree with him. ELMS is a dramatic change from the CAP, we are seeing dramatic changes in the climate, and Covid-19 is of course imposing dramatic changes on us all. We are heading in a very different direction from what we have seen for decades. The British countryside is headed in the direction of ever-larger farms, ever-greater mechanisation, and the production of fewer and fewer crops, very often with more and more expensive inputs. We are changing direction, so it is very important that we have a sense of where we are going, which is what these amendments aim to achieve.

I see from looking at the news during the break that there are hints that, over the weekend, we will see a dramatic change in the Government’s obesity strategy. The noble Viscount, Lord Trenchard, made reference to the drop in rapeseed plantings, which is a dramatic change that has come about through the ban on neonicotinoid pesticides—here I commend the Minister for her strong defence of that ban. Perhaps now, when we are seeing this big change in the Government’s obesity strategy, we will see a similar change in direction and great reductions in the planting of sugar beets, and the preservation of fields and very good soils by the planting of vegetables instead.

We are very much in a time of change and we need some kind of road map or guide, so that we do not flail around wildly. We cannot just say that we have a Secretary of State with the power to make decisions, while we have no idea where he is seeking to direct the use of our land, which is so valuable and so scarce.

[Lord Addington]

My Lords, I will try to focus on the amendments in front of us. If we are talking about land use and a land use strategy, it has to go fairly wide —a bit of lateral thought will make this stick together better.

My name is down, along with that of my noble friend Lord Greaves, on the amendment to bring the local government plan in alongside this. However, it encapsulates just about everything we have in the Bill. I spoke about many things, such as access. If I can remind the Government Front Bench about Clause 1 without them grimacing too much, all the things we have down there should be working into a strategy. A strategy is a good idea, but it has to go wide and bring things in. The exact form of that will be slightly difficult, but the idea of the noble Baroness, Lady Young, is sound.

I am not quite sure how you do this without having a list that never ends. What is and what is not on the list has always been a parliamentary challenge, has it not? I like going back to the parliamentary clichés every now and again. If we are to try to get this, it has to encapsulate much more thinking. It cannot just be about agriculture but must touch on other things as well. We have established that agriculture does not stand by itself. Whether it is housing or other things, everything else has to be in there. I will be interested to hear what the Government say about this. This cannot stand alone; agriculture is not another planet.

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[Lord Randall of Uxbridge [V]]

My Lords, it is always a great honour to follow the noble Baroness, Lady Young of Old Scone, and I am sure that nobody would tire of hearing her, even at this time. I am sure that I will hear a collective sigh of relief because I think this will be my last contribution to the Committee. I thank the Committee for its indulgence, not least my two noble friends on the Front Bench who have had to listen to my ramblings.

The noble Baroness, Lady Young of Old Scone, has already referred to the two amendments standing in my name. I am grateful to her and to the noble Baronesses, Lady Bennett of Manor Castle and Lady Quin, for putting their names to Amendment 230. I am grateful again to the noble Baroness, Lady Young, and to the noble Lords, Lord Greaves and Lord Addington, for doing so on Amendment 231.

As has been discussed, these amendments regard the potential loss of the good agricultural and environmental conditions—the GAECs, or whatever they are to be called. Amendment 230 relates to GAEC 7a, which includes: maintaining green cover at the base of a hedge for two metres either side from its centre; not trimming hedges during the main breeding season of nesting birds; not removing stone walls, earth banks, stone banks or material from these, as they provide important habitats for many plants and animals. If this amendment were inserted, it would amend the Hedgerows Regulations 1997 to ensure that these important protections are maintained.

Replacing elements of GAEC 1 to protect ponds and small water body habitats is also important, because a wide variety of small water bodies are vital for freshwater biodiversity. But they remain largely overlooked and generally excluded, as I understand it, from government policies such as the water framework directive and river basin management plans, which describe how we should protect freshwaters. Small standing waters, ponds and small lakes are particularly important for biodiversity compared to other freshwaters. These waters support a surprisingly large proportion of freshwater biodiversity and are especially important for uncommon freshwater species.

Amendment 231 would change the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 to provide a requirement for buffer strips of green cover adjacent to watercourses, surface waters, et cetera, mirroring the current cross-compliance requirements in GAEC 1. This amendment would also require land managers to keep a farm map with surface water, boreholes and so on marked outside nitrate-vulnerable zones. The term “surface waters” is included in GAEC 1 and is taken in common parlance to include ponds and lakes. I think that Amendment 231 would provide legal certainty on this. I thank noble Lords for listening to me.

[Baroness Bennett of Manor Castle [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Randall of Uxbridge. He set out very clearly the benefits of Amendment 230, to which I was pleased to attach my name, and Amendment 231, to which I am pleased to offer my support. It is a little unfortunate that this got split from Amendment 117 on meadows, which the noble Lord kindly backed after I had tabled it, because the two fit together rather nicely. They are two hugely valuable biological and ecological resources that are to a large extent being destroyed and lost in parts of our countryside. It is undoubtedly true that the common agricultural policy was responsible for a huge amount of destruction, but the cross-compliance, or GAEC, regulations have in recent years helped to at least keep what we still have. It is crucial that under the new arrangements we do not lose that protection, and that is what these two simple amendments aim to do. I hope very much that the Government will be able to take them on board and incorporate them in the Bill.

[Baroness Quin (Lab) [V]]

My Lords, it is a pleasure to speak after the previous three speakers. I added my name to the amendment tabled by my noble friend Lady Young of Old Scone and I support the point that she made in moving her amendment, especially her explanation that this is about updating the regulatory framework, plugging gaps in it, bringing it into line with environmental goals and creating, as I think she put it, viable cross-compliance mechanisms.

Earlier in this Committee stage, I spoke about the need to know what we are talking about when we refer to “environmentally friendly farming” and “nature-friendly farming”. I believe that this amendment, along with others, would help to forge a proper understanding of this and avoid getting trapped in silos—a point made a few minutes ago by my noble friend Lady Jones of Whitchurch.

I also added my name to Amendment 230 on hedgerows, in the name of the noble Lord, Lord Randall of Uxbridge. I have always felt very strongly about the removal of hedgerows and about their proper maintenance in an environmentally friendly way. The debate about hedgerows goes back a long way—even to before we entered the EU. In many ways, British agriculture was a leader in hedge removal over the years, and I am very glad that the mood on this has changed greatly in recent times.

The replacement of hedges and the retention of hedgerows are very important. There is a certain irony in that originally there were grants for removing hedgerows, whereas now there are grants for replacing them. None the less, I welcome that change in priorities. When I was an Agriculture Minister, I was keen to support EU action to protect hedgerows as part of the development of the CAP’s second pillar.

I believe that many farmers are keen to play their part in the maintenance and re-establishment of hedgerows. An interesting example that I came across recently was of a farmer who had replaced a long stretch of tumbled stone wall with new hedging but then used the redundant stone to construct a series of rubble mounds to create a bespoke habitat for wheatears. It struck me that that was a good example of thinking about the environment at every stage of an agricultural project.

I agree very much with the part of the amendment in the name of the noble Lord, Lord Randall, that concerns the ban on cutting hedges from 1 March to 31 August during the breeding and nesting season. In conclusion, perhaps this is something all of us with gardens should consider carefully. Earlier today in this debate, the noble Lord, Lord Blencathra, I think, talked about the fact that gardeners as well as farmers use pesticides. Well, gardeners often have hedges and sometimes they cut those hedges, even savagely, during the nesting season. Obviously, action to encourage gardeners on hedges is outwith the scope of this amendment and even of the Bill. But I would ask the Minister whether encouraging gardeners to be more environmentally friendly is something that the Government are taking up with the Education Department, perhaps, to make it part of environmental education in schools.

In short, I support both amendments I have spoken to. I hope the spirit of them, even if not every word of them, will be taken on board by the Government.