Agriculture Bill

Baroness Bloomfield of Hinton Waldrist Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

This amendment is to examine whether, or indeed how, a better balance can be struck between the interests of landowners and members of the public who wish to access the countryside.

The ability to access so much of Britain’s countryside is one of our great national traditions, and it plays an important role in leisure, education and our wider economy. I am indeed fortunate to live in a country within the wider UK where so much natural beauty is literally on my doorstep. From the Vale of Usk to the Brecon Beacons and the magnificence of the post-industrial south Wales valleys, the beauty and elegance of our countryside is a joy and treasure that must be protected and balanced for the preservation of our future generations. Indeed, as noble Lords have noted in the debate, rights and responsibilities must be evenly balanced. As a former leader of a local authority, when residents’ complaints came in, I was often quoted as saying that the council does not have a littering department; it is in fact people who litter their rural and urban environments and leave it to councils to clear it up afterwards.

The Countryside Code is a readily available and easily accessible document which aims to ensure that guests are respectful of the local community and to continue the preservation of the condition of the countryside. In addition, we welcome the fact that a revised Covid-19 code was published in an attempt to drive home the key messages at a time when more people may have been visiting the countryside. We hope this simpler messaging will be carried forward, even as the public health situation improves.

However, as with any form of ownership, owning land involves a balance of rights and responsibilities; rights of access are established, and the responsibilities and costs associated with them should therefore not come as a surprise to the landowner. As my noble friend Lord Rooker said, access is here to stay but it has to be managed, and serious fly-tipping must be followed up and traced back to where it came from. Indeed, the police should take a greater role in such enforcement. There may be some merit in exploring what more can be done to minimise extra costs on landowners, but that should not necessarily come at the expense of wider support for agriculture and horticulture.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I believe that we all share the concerns of my noble friend Lord Caithness about the cost to landowners, local authorities and the National Trust and other bodies of littering and fly-tipping. Indeed, the noble Earl, Lord Devon, spoke powerfully about this issue on Tuesday. He was also very generous in not seeking to prevent others enjoying his land so long as no damage is done—a positive approach also promoted by the noble Lord, Lord Rooker. As we just heard from the noble Baroness, Lady Wilcox, rights come with responsibilities. However, I point out that the provision of access to private land is still voluntary.

As we discussed on Tuesday, public access to the countryside provides a huge range of benefits, including improving physical and mental health and supporting local communities and economies. I understand that, at times, providing such public access can bring about some extra costs and risks to land managers. We will be working closely with stakeholders to understand the full costs of providing access, to make sure that the system works for land managers.

I thank my noble friend for raising this issue. It is important to make sure that the Countryside Code is as effective as possible in promoting responsible behaviour. As my noble friend the Minister said on Tuesday, and my noble friend Lord Cormack also mentioned, Natural England will soon start work on refreshing the Countryside Code to ensure that these messages are communicated effectively.

It is vital that young people are taught about the environment, and a number of noble Lords mentioned the importance of education. For that reason, related topics on the environment and the countryside are included throughout the geography and science GCSE curriculums. As part of that, the national curriculum programme of study recommends that pupils should use the local environment to support their learning in these areas.

A number of noble Lords mentioned enforcement, and a number of bits of legislation that cover littering are already in place. The main piece, which covers littering and refuse, is Part 4 of the Environmental Protection Act 1990. Crucially, Section 87 of that Act states that it is an offence for a person to drop, throw down, leave or deposit litter in a public place, and it carries a maximum fine of £2,500 and can be tried in a magistrates’ court. Furthermore, current by-law legislation allows local authorities to restrict and enforce the use of disposable barbecues in public parks and spaces. There are existing powers in legislation which can be used by authorities. I should point out that in our manifesto we committed to increasing the penalties for fly-tipping.

The Bill includes powers to provide financial assistance to promote better understanding of the environment. Better understanding of the environment could include, for example, help for land managers to communicate to visitors the types of messages which are in the Countryside Code. All these actions will help to ensure that the impact of public access is as positive as possible and that any risk of damage is kept to a minimum.

A number of noble Lords mentioned fly-tipping and the hazards it has created in the countryside. I, too, have observed hideous instances of fly-tipping in my small village where farm gateways are regularly used to deposit mattresses and fridges which then get burned out, so I share the concerns raised by my noble friends Lord Trenchard and Lord Shrewsbury and the noble Lord, Lord Rooker, but I do not agree that it is just laziness, as suggested by the noble Baroness, Lady Bakewell. This is criminal behaviour which is addressed through the criminal courts.

It would be good to think that eventually, with education, we can change the culture of whoever it is, from the dog owner in Richmond Park to the people who at the end of lockdown enjoyed the beaches but left so much litter behind. With that emphasis on education and with proper enforcement, littering will become as anti-social as drink-driving has now become.

[The Deputy Chairman of Committees (Lord Bates) (Con)]

My Lords, I have received two requests from noble Lords to speak after the Minister.

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[Lord Northbrook (Con)]

My Lords, I declare my interest as a landowner and an arable farmer. I support my noble friend’s amendment in principle. However, I would like to distinguish direct damage caused to farmers’ livestock by, for instance, out-of-control dogs and leaving farm gates open. That is definitely connected to agriculture, but I note the remarks of the noble Lord, Lord Addington, that the problem of dumping refuse and fly-tipping can be considered more as an environmental issue. They may be more suited to the forthcoming Environment Bill. Does the Minister have a view on that?

[Baroness Bloomfield of Hinton Waldrist]

I think many noble Lords will have every sympathy with the noble Baroness, Lady Mallalieu, and her experiences on her smallholding. Damage, theft, poaching and the theft of diesel are all criminal acts. If the perpetrator is caught, they can, as the noble Lord, Lord Addington, correctly suggested, be charged with trespass, which can be brought by farmers and owners for damage done while trespassing. The criminal justice system already has these things at its disposal.

My noble friend Lord Northbrook makes an interesting point about the difference between direct damage to livestock by dogs off leads and such things, but I do not believe that fly-tipping has a place in the Environment Bill. It is already covered in legislation. The key to all this, as many noble Lords have said, is better enforcement and perhaps more video cameras installed by landowners so that some of these perpetrators can be caught.

[The Earl of Caithness [V]]

My Lords, I thank all noble Lords who have participated in the discussion of this amendment. I am delighted that I degrouped it from the group that we discussed on Tuesday because it was well worth a discussion in its own right.

Let me first say to the noble Lord, Lord Rooker—I am delighted to see him back with us—that I am not against access. As I said on Tuesday, access to the countryside was essential in getting better after my accident. I was on footpaths in a wheelchair and then on crutches and on sticks, so I am a great believer in public access. What I am trying to balance is the right for us to go to the countryside and get all the benefit from it and what is going to happen to people’s livelihoods and property.

We heard from the noble Baroness, Lady Mallalieu, of some of the problems that she faced. The Minister’s reply was “Well, they’re criminal offences anyway”, but they are not being enforced. Rural crime is rising, and there is great concern among those in rural areas that they are being left out. There are not enough police to go around, and the police are too busy to take rural crime seriously. There is a fundamental problem here that the Government need to address. I hope that the Minister will take this a lot more seriously than she appeared to do when she replied.

The noble Lord, Lord Addington, said that there is going to be no fly-tipping on footpaths. Let me draw his attention to the Defra statistics. In the 12 months up to March 2019, fly-tipping on footpaths and bridleways rose from 164,000 cases to 187,000 cases. That is a substantial increase. Footpaths and bridleways cannot be ignored in this problem. If there is a place that people can fly-tip or drop litter, they will do so. As the statistics from the Royal Parks show, one in five people is prepared to do that. Yes, we are talking about a minority, but it is a minority that can cause severe damage and impinge on people’s livelihoods.

This comes back to enforcement, and I hope that the Minister will spare time between now and the next stage to meet me to discuss this. I think the Government’s intention is right and that their hearts are in the right place, but action is not going with it. I am very frightened, as, indeed, are a great number of farmers, that the provisions of the Bill are not going to help. Yes, they want public access, and I am against farmers who do not give that access and embrace it enthusiastically, but it is only fair that the balance is set out in a better way than it is at the moment.

I thank the Minister for her reply. I hope she will write to me on the questions that she did not answer, such as about what has happened to the fire severity index, and a number of other questions that I posed to her. I beg leave to withdraw the amendment.

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[The Deputy Chairman of Committee]

Is the noble Lord, Lord Clark of Windermere, still on the call? No. In that case, I call the noble Baroness, Lady Bloomfield of Hinton Waldrist.

[Baroness Bloomfield of Hinton Waldrist]

I thank the noble Lord, Lord Greaves, for Amendments 19, 52 and 102 on the subject of rewilding and native species. I am very grateful for his elegant elucidation of what he means by rewilding and what it does and does not include.

I can confirm that the Government are committed to providing opportunities for reintroductions where the environmental and socioeconomic benefits are clear. Perhaps at this stage I should draw noble Lords’ attention to Clause 1(1)(4). In the words of my noble friend the Minister, there is a balance to be struck. Clause 1(1)(4) says:

“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”


We understand how the reintroduction of species can play an integral role in increasing biodiversity and restoring natural processes, as well as in other environmental outcomes such as climate change mitigation and adaption. The Government have already supported the reintroduction of native species in this country, such as the pine marten, the red kite and—as I am sure my noble friend Lord Randall and the noble Baroness, Lady Bakewell, will be pleased to hear—the large blue butterfly. A number of noble Lords also mentioned other initiatives. We are keen to explore, through ELMS for example, where the reintroduction of species could be effective in delivering diversity and carbon benefits. My noble friend Lord Lucas mentioned the excellent work of Kew, with the provision of its seed bank.

However, my noble friends the Duke of Montrose and Lord Taylor of Holbeach and the noble Earl, Lord Devon, all injected a note of caution into the debate. These initiatives can often need more management than is anticipated. Beavers, mink and wild boar have all created some severe consequences for landscapes. Natural England is analysing the results of the Devon trial on the reintroduction of beavers. There are a number of other experiences of beavers across the UK and in other countries. Alongside the trials, there is a beaver management strategy framework that will help to inform decisions on the future of the Devon animals and the status of the beaver in England, including the Government’s approach for future reintroductions, management and licensing.

My noble friend Lady McIntosh of Pickering raised issues to do with importing diseased trees. She will be reassured that the importation of invasive species is now prohibited. The Government already pay for the control and management of invasive species through an agri-enhancement scheme. We are considering how to manage invasive species as part of the whole ELM design. Clause 1 would allow this.

The purposes set out in Clause 1(1) are purposely drafted broadly and could cover the reintroduction of species, should it align with our strategic priorities, as set out in the Government’s multiannual financial assistance plan. We will publish the first report by the end of this year.

Several other rewilding projects are already under way in England. For example, as my noble friend Lord Lucas, the noble Earl, Lord Devon, and others mentioned, at Knepp, in West Sussex, agri-environment funding has helped create extensive grassland and scrub habitats, resulting in significant benefits for biodiversity. At this stage, I also endorse wholeheartedly the plug from the noble Baroness, Lady Wilcox, for the opportunities for wildlife watching in Wales.

With these reassurances, I ask the noble Lord, Lord Greaves, to withdraw his amendment.

[Baroness Bennett of Manor Castle [V]]

I thank the noble Lord, Lord Greaves, for giving us the chance to have this important discussion and the Minister for her answer. In what is ranked as the 189th most nature-depleted country in the world, this is surely something we have to be talking about.

I am really pleased that so many Members of your Lordships’ House expressed excitement about the pine martens. I confess that I saw these from a bicycle, so I got quite close up in France. They are truly wonderful beasts, and I very much hope that someday soon—when we see rewilding of the Peak District near Sheffield, from where I am talking—I will be able to see them closer to home. I will also comment briefly on some of the discussion about the lynx—perhaps to throw a cat among the pigeons, or a lynx among the deer—and say that we may well have to look at that in future when restoring an ecological balance.

I pick up particularly what the Minister just described as severe consequences from some of the rewilding experiences. I have asked the Government a Written Question on beaver strategy, and unfortunately we still do not really have a timetable for that; it would be lovely to see one for them to be reintroduced around the country. Those severe consequences are that when you let nature run free, what is going to happen is not always predictable.

The philosophy of the 20th century has been one of tidiness—putting things in straight lines and everything being under human management. That was perhaps one of the great faults that the common agricultural policy encouraged. Can the Minister reassure the House that the current provisions in the Bill—or possibly a provision such as the one the noble Lord, Lord Greaves, proposed—ensure that we can allow the countryside and land under management to do its own thing, operate according to all the natural systems and re-establish those natural systems?

In more practical terms, we talk a lot about funding for tree planting, but sometimes it is simply necessary to ensure that land is protected and you get tree regeneration. That can be far more productive and effective and produces an appropriate range of species—the right tree in the right place. I am really seeking reassurance that the Bill will ensure that letting nature go will attract financial support when necessary.

[Baroness Bloomfield of Hinton Waldrist]

I can of course reassure the noble Baroness. Indeed, it is the first point of Chapter 1 that

“The Secretary of State may give financial assistance for or in connection with any one or more of the following purposes … managing land or water in a way that protects or improves the environment”.


The whole thrust of the Bill is to do just that.

I also take this opportunity to say to the noble Lord, Lord Greaves, that my noble friend the Minister is of course happy to meet him at any time.

[Lord Greaves]

That answers the first thing I was going to ask. All I want to say is that I was bowled over by the encyclopaedic knowledge of British birds of the noble Lord, Lord Cormack—the good ones, the bad ones, what they do and where. I could wax lyrical to him about the occasion in the Uig hills in south-west Lewis in bright, shining, sunlit mist, when I was the subject of interest of a wonderful golden eagle that could have known a bit more about social distancing for my state of mind. The great thing about birds is that they cannot be kept in by fences. Having seen the white-tailed eagles on the Isle of Lewis, I for one will be delighted if they penetrate to the north of England. That is nothing to do with the amendment, and what the noble Lord, Lord Cormack, said was nothing to do with rewilding as I am describing it.

I thank everybody who took part in this little discussion with great expertise and knowledge. It was an extremely useful discussion—I am thrilled by it—and on that basis I beg leave to withdraw the amendment.

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We welcome these amendments. They reinforce the fact that we all want to move to a healthier diet but that, where animals are reared for consumption, we agree that strict welfare standards should apply in all cases. We also agree that financial assistance should be focused on driving up those standards to beyond the legislative minimum rather than simply rewarding the status quo. With those comments, I look forward to the Minister’s response.

[Baroness Bloomfield of Hinton Waldrist]

I am grateful to all noble Lords who have taken part in this interesting and important debate on animal welfare. I shall say at the outset that I think we all want the same thing: we want the UK to be known for maintaining the highest possible standards in animal welfare. I am grateful to my noble friend Lord Shrewsbury for moving Amendment 26 and thus giving us the opportunity to have this debate.

The United Kingdom is already a world leader in animal welfare, and the Government are committed to retaining that status by maintaining and indeed strengthening our standards. My noble friend Lady Hodgson and the noble Baroness, Lady Ritchie, were correct about the symbiotic relationship between animal health and welfare, a point also made by my noble friend Lord Dobbs. I assure my noble friend Lord Shrewsbury that the current wording in the Bill is inclusive and provides for funding measures that support both animal health and welfare. The clause allows us to give assistance to make improvements in animal health without there also having to be a welfare benefit, or to welfare without there being a health benefit. An example of animal health without welfare improvement is enrichment through the provision of mechanical brushes for cows, while another might be the proximity of smaller slaughterhouses to reduce the number of miles that cattle have to travel, even if that does not necessarily enhance their health. The noble Lord, Lord Trees, is correct to point out that we intend to provide financial assistance in both areas. His illustration of a Venn diagram of how, when health and welfare interact, they are a smaller part of the whole was quite powerful.

The Government’s animal health and welfare pathway recognises the interconnection between animal health and welfare. It is about working in partnership with farmers, vets and their representatives to develop pragmatic actions that improve the health of livestock. Given that freedom from disease is one of the five key animal welfare freedoms, I can reassure my noble friend that in practice we will support both animal health and animal welfare. My noble friend Lord Caithness was correct to mention the need to build up greater animal resilience to disease, and I underline the credentials of my noble friend the Minister in this area.

I turn to Amendment 44 tabled by my noble friend Lord Dundee and Amendment 68 in the name of the noble Baroness, Lady Jones of Moulsecoomb. All animals, whichever system they are kept in, are protected by comprehensive and robust animal health, welfare and environmental legislation. This is further supported by species-specific welfare codes. Stockmanship and the correct application of standards of husbandry, whatever the system of production, are key to ensuring the good welfare of all farmed animals. This reflects the advice of our expert advisory body, the Animal Welfare Committee.

In the Government’s Farming for the Future: Policy and Progress Update, which was published in February, a comprehensive set of measures is set out to further improve animal welfare in England. The Government’s approach is based on working on three interrelated areas. The first area ensures that the baseline regulatory requirements will maintain our current high standards and continue their rise in future. Improvements should be sustainable for the sector and should be informed by the latest science and best practice. The second area of work aims to improve transparency for consumers so that they can make informed purchasing decisions that reflect their animal welfare preferences. Finally, using the powers in Clause 1, the Government are developing publicly funded schemes to provide animal welfare enhancements beyond the regulatory baseline that are valued by the public but are not sufficiently supported by the market. We are working closely with the Animal Welfare Committee to ensure that any future scheme is based on the best scientific evidence available. Here I am mindful of the comments made by the noble Lord, Lord Rooker. While outdoor rearing might be best for animals, land really is a scarce resource.

I turn to Amendment 95 tabled by my noble friend Lord Lucas. In other legislation such as the Agriculture Act 1947, “livestock” covers domesticated animals and birds that are raised to produce commodities such as meat, milk, eggs, leather, fur or wool. This Bill follows the existing definition of livestock, which is widely understood and relied on by those in and beyond farming.

Considering the case of farm dogs, it is difficult to draw the line between working dogs and dogs which are primarily companion animals. I reassure my noble friend that whatever the purpose of a dog’s presence on a farm, its health and welfare are still covered by the Animal Welfare Act 2006, which makes it an offence to cause unnecessary suffering to any animal and contains a duty of care to animals. That is part of the wider approach the Government have taken to the welfare of animals: for example, the ban on puppy farming, which was brought in through Lucy’s law. I do not have a line on maggot farming.

The Bill is the result of extensive consultation, including responses to the Health and Harmony Command Paper and discussions with the farming industry, vets and others. We have focused on farmed animals as the best way to drive up welfare standards, which is why the current definition is about production animals and does not include working animals such as farm dogs.

On Amendments 125 and 136 from the noble Baroness, Lady Jones of Moulsecoomb, the Farming for the Future policy update last February set out the Government’s work to develop financial assistance schemes to farmers to provide animal welfare enhancements. That work will inform the multiannual plan on these schemes, which are expected to come into operation during the seven years covered by the plan. The Government intend to set out further information on the early years of the transition in the autumn. The annual financial reports required to be published by the Secretary of State under Clause 5 will include the amount of financial assistance given through animal welfare schemes. Under Clause 6, the Government will publish reports that assess the benefits realised as a result of their animal welfare schemes.

On Amendment 225, again from the noble Baroness, Lady Jones of Moulsecoomb, I understand her concerns, but domestic legislation already protects animal welfare and environmental standards. For example, the Animal Welfare Act 2006 provides offences and penalties for those failing to meet animal welfare standards as required by law. Section 4 provides for offences connected to causing unnecessary suffering of an animal, and Section 9 provides for offences if steps are not taken to provide for an animal’s needs. Likewise, the reduction and prevention of agricultural diffuse pollution regulations makes it an offence to fail to meet environmental standards in relation to water. Section 11 makes it an offence to fail to comply with the regulations, and provides that the offence is punishable by a fine. These current rules, which I use as examples, ensure that those responsible for causing the harm, whether that be animal welfare or environmental, are those punished, and we have banned many cruel practices, such as battery chicken farms. It was interesting to hear from the noble Lord, Lord Rooker, speaking from his personal experience of looking round a broiler chicken factory farm, about how the farmer identifies his sick birds. I should also say that there has recently been a 53% fall in the use of antibiotics by farmers, which can only be welcomed.

On Amendment 77 from the noble Baroness, Lady Bennett, animal welfare is hugely important to the British public and indeed to all noble Lords who have spoken in this debate. In addition to the points already raised, I draw her attention to the aspects of the Bill which allow the Government to support plant-based production. Clause 1(2) allows the Secretary of State to give financial assistance in England for the purposes of starting or improving the productivity of a horticultural activity or for certain ancillary activities such as selling, marketing and preparing products derived from horticultural activity.

I have answers to the two other questions that did not fit into my speaking notes. My noble friend Lady McIntosh asked whether there would be funding for alternatives to antibiotics. Having already mentioned the welcome 53% reduction in the use of antibiotics, I say that Clause 1(1)(f)—I think it is paragraph (f)— covers alternatives to antibiotics. The noble Baroness, Lady Boycott, mentioned the worthwhile initiative of city farms, and Clause 1(2) could include those initiatives for support.

I hope that I have given sufficient reassurance and that my noble friend Lord Shrewsbury will feel able to withdraw his amendment.

[The Earl of Shrewsbury [V]]

My Lords, I am most grateful to all noble Lords who participated in this interesting discussion, especially my noble friends Lord Caithness and Lady Hodgson, who I am delighted felt it fit to support me. I am also most grateful to the Minister and her officials.

All the way through this discussion, which I found very interesting, I kept having déjà vu. Many years ago, when I was much lighter, braver and fitter, and did not have grey hair and a large stomach, I rode in a steeplechase in a wonderful place called Newton Bromswold. All the way around that three-mile course, I knew I was going to win, until I came to the winning post, and was beaten by a short head, having misjudged the thing. My noble friend Lord Denham was the Chief Whip in this House then and I had only just come here. He was in the crowd watching the race, and when I got off the horse, he said to me, “You just rode very well indeed, young Shrewsbury, but you really do need a new set of spectacles.” I will go away, consult, think about this again and read Hansard, and on that basis, I beg leave to withdraw the amendment.