Sustainable Fisheries for Future Generations

Baroness Byford Excerpts

Wednesday 4th July 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, many noble Lords will know that the noble Lord and I went to see the MMO in Newcastle and had a very interesting day looking at some of the technology for detecting whether a vessel is aping some other activity but is really fishing. I agree that the Royal Navy plays an important part in enforcement, and it will continue to do so. I am afraid that it is not within my gift to comment on longer-term deployment and the number of vessels, but we are absolutely clear that other third countries are well able to enforce their fisheries policy, and we need to work on a system that works for us.

[Baroness Byford (Con)]

My Lords, I too welcome the Statement. For years we have been talking about the crisis of overfishing and the way that our stocks have been plagued. Does my noble friend agree that sustainability is at the heart of this and that we must protect our marine environment? I want to draw two things to his attention; perhaps he could respond to them. One is the proposal to end discarding, which I am sure will be welcomed. The second is the review that I believe will be undertaken of the under-10 metre category for low-impact inshore vessels. Again, that will help many of our areas that fish but do not do so in such a wide range as others.

[Lord Gardiner of Kimble]

I entirely agree with my noble friend. As I have said before, if we do not have sustainability and adhere to maximum sustainable yields, the ecosystem of our waters—as a whole and not just for consumption—will be put in peril. Sustainability is absolutely key. Obviously, we have all been very concerned about discard and the complete waste that it has caused. As part of that, we will consider the vexed issue of choke and choke species and look for solutions. Clearly, these issues are quite difficult and technical. We need to ensure that we do not overfish but fish sustainably. Therefore, the issues of discard and choke are a key element of seeking to keep our stocks in good order.

Natural Environment and Rural Communities Act 2006 Committee Report

Baroness Byford Excerpts

Monday 2nd July 2018 Lords Chamber

[Baroness Byford (Con)]

My Lords, it gives me great pleasure to follow the noble Lord, Lord Cameron. In a way, he has nearly said it all. He was a wonderful chairman of our committee. We had a very short time to look at a very wide topic. Noble Lords will have gathered that his many years’ experience of the rural agencies, and as a rural advocate when he worked very closely with Defra and other departments, gives him a true base to express his views and reflect those that the committee heard when taking evidence.

I also thank and congratulate our team, our clerk and our special advisers, who helped us with this wide-ranging report. I should register my family’s farming interests, which indirectly have a bearing on the discussions, and that I was shadow Minister when we took the NERC Bill through in 2006. I was able to reflect on that.

The question in the title of the report, Is the Natural Environment and Rural Communities Act 2006 Still Fit for Purpose?, can, as the noble Lord, Lord Cameron, said, be answered in one word: no. Things have totally changed in the past 12 years. When the Commission for Rural Communities was established on 1 October 2006, its aim was to make sure that policies, programmes and decisions took proper account of the circumstances of those living in rural communities. It was to be an advocate, give expert advice and be an independent watchdog. It was closed in April 2013, but I pay tribute to Stuart Burgess, who gave a voice to the some 12 million people living in rural England. The noble Lord, Lord Cameron, referred to the poverty experienced in those rural areas. I well remember Stuart Burgess saying that if you put all that rural poverty into one place, it would be bigger than the whole of Birmingham. That is something reflected in these many diverse communities.

So I reflected on what we were suggesting was happening in the rural areas in those days and on the crises, or severe points, that we were looking at: the early closure of post offices; restrictions on bus services; pressure on the viability of local primary schools; affordable housing; tourism and local businesses, particularly following foot and mouth; access to the countryside; jobs and access to them; and, indeed, the future of countryside sports. Today those are still challenges, but in addition we now have broadband or, in some areas, the lack of it; diversity and planning; diversity of farms and farm buildings and the planning that goes with that; the internet, which has grown so rapidly, and changes in how people shop; the extended roles now played by GPs and pharmacists; and, as the noble Lord said, 50% of small and medium-sized enterprises being based in rural areas.

Add to all that farming, the environment, wildlife and biodiversity, and you realise what a huge range Defra covers with rural affairs. So it is perhaps not surprising that since the other department was closed down, Defra took up this area and then was squeezed again, it has been an enormous challenge to cover everything that the department is supposed to. Like the noble Lord, Lord Cameron, I pay tribute to the Minister, who is the rural ambassador, for the work he does, but what is most important is not just his work but that all departments respond to all the calls, either by the Government or by Defra, to look at this vast range of things that need to be considered when planning for the future. Local government and the Cabinet’s rural-proofing are key. As I say, it is not surprising that it has been a struggle.

I turn to Natural England. Andrew Sells, its chairman, has sent us very good briefing papers, one of which says that a core aim of Natural England is,

“ensure that the natural environment is considered, enhanced and managed for the benefit of present and future generations”.

That briefing paper raised about seven issues, and I have picked on five. The first is funding. As with everyone else, the squeeze on funding has affected Natural England and its ability to perform across the board on some of its brief. The independence of its press, which has now been linked to the Defra body, is being looked at again. I gather that discussions are going on at the moment and that a protocol will be arranged shortly.

I support the powers of Natural England to charge for some of the services it provides. Not everyone supports it, but I think it is right because it enables Natural England to do more work than it otherwise could. Could the Minister update me on what is happening? I understand that a spending review is coming up in 2019. That is a long way off, but what progress is being made to ensure that Natural England is allowed to charge for more of its services? On planning, in the evidence that we took, too many people’s response was “No comment”, which was of some concern to us.

The complexity of some countryside stewardship schemes has resulted in a lower take-up than originally hoped for. How many farmers have entered the new schemes since January 2017 and what progress has been made? I heard recently from a farmer that progress on payments was slow. If that is so, it is worrying. In addition, forestry—properly managed forests and greater public access—was a topic that came up for consideration.

We have had an amazing time looking through what one would hope to see in the countryside and what is readily available. I am not as gloomy as the noble Lord, Lord Cameron, because I believe there are great opportunities out there, but we need the Government to be on side and well aware—lack of awareness was the frustration that came through from the evidence we took. Some of the things that we are not allowed to do make it more difficult for businesses to start and grow, which is surely a disaster. The question was: is the Act fit for purpose? My answer at that stage was no, but I believe it offers great opportunities and I look forward to them being developed, but it needs more than just Defra to play its part.

Legislative Reform (Constitution of the Council of the Royal College of Veterinary Surgeons) Order 2018

Baroness Byford Excerpts

Tuesday 1st May 2018 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the veterinary profession plays a vital role in protecting animal health and welfare, maintaining food safety and public health and enabling trade in animals and animal products. I am pleased, therefore, to introduce this draft legislative reform order, which seeks to make changes to what the profession and others view as the outdated constitution of the council of the Royal College of Veterinary Surgeons.

The RCVS is the statutory regulatory body in the United Kingdom and is therefore responsible for the registration and regulation of the profession in this country. The changes proposed in this order are strongly supported by the college and by the range of stakeholders and interested parties who responded to consultation by both the RCVS and Defra. They will be widely welcomed. As a department, we have worked closely with the college to take these proposals forward and to get the drafting right. I pay tribute to the college in particular for its willingness to address issues raised during the process and to find solutions which, through this draft order, will strengthen its governance arrangements.

I am pleased to say that our Delegated Powers and Regulatory Reform Committee has approved of the proposals described in the explanatory document laid before this House and agreed that the use of the affirmative resolution procedure is appropriate. The committee commended the department on,

“a well-presented and informative Explanatory Document, and on its inclusion of helpful Keeling Schedules”.

I am therefore very grateful to my officials for their work in producing these documents and for the constructive responses we received to the consultation, which helped shape the final proposals.

At present the college is required to have a governing council with 42 members. There are 24 elected members, all veterinary surgeons; two members appointed by each university with a current veterinary school—Bristol, Cambridge, Edinburgh, Glasgow, Liverpool, London and Nottingham; and four appointed by the Privy Council—currently, the UK Chief Veterinary Officer and three lay members. This is not in line with modern regulatory best practice, and issues surrounding the governance arrangements at the RCVS have been raised on a number of occasions in recent years. In May 2008, the report on the Veterinary Surgeons Act 1966 published by the Environment, Food and Rural Affairs Committee of the other House included a recommendation for the restructuring of the council, especially concerning lay membership, suggesting that the proportion of lay members should be increased. A consultation exercise undertaken by the college in 2009 reached similar conclusions about the need for reform.

As a first step towards restructuring, a draft legislative reform order was brought before Parliament in 2013 to make changes to the governance of the two college committees that deal with disciplinary proceedings: namely, the disciplinary committee and the preliminary investigations committee. In parallel, in 2012, with the aim of becoming a first-rate regulator, the RCVS commissioned research to understand better how it is seen by others and where opportunities for change might lie. The RCVS was found by the report, published in April 2013, to be significantly out of step with the arrangements in place at other professional regulators and royal colleges. The report also identified that the council was seen as less efficient than it could be, mainly because of its size but also because of its membership structure, and could be modified to operate more efficiently and in the better interests of public and profession.

The research report included advice from the Professional Standards Authority on the efficiency and effectiveness of health professional regulators. This advised parity of membership between lay and professional members is,

“to ensure that purely professional concerns are not thought to dominate council’s work’.

It also suggested that smaller boards were associated with better effectiveness.

The RCVS embraced the need for change in order to achieve the stated aim of becoming a first-rate regulator and demonstrating a better fit with the five principles of better regulation, by being proportionate, consistent, accountable, transparent and targeted. As current council arrangements are laid down in an Act of Parliament—the Veterinary Surgeons Act 1966—the RCVS again turned to the Government with a view to making a further legislative reform order. The college recognises that it must be accountable to the profession it regulates and the overall aim of the proposed reforms is therefore to modernise the structure and composition of its governing council.

On matters of detail, the Veterinary Surgeons Act does not currently include a statutory requirement for lay persons to be included on council. The current arrangement of appointing lay members to council via the Privy Council, or by the veterinary schools, is not sufficiently robust. It is proposed, therefore, that in future there should be statutory provision for independently appointed lay representation on council—six places in all. Secondly, now that the RCVS is the regulator of the veterinary nursing profession through the provisions of the supplemental charter of February 2015, it is appropriate that the law should provide for veterinary nurses to be represented. Two places on the council are proposed.

As noble Lords will appreciate, the size of the council is also inextricably linked to its composition. In order to provide places for lay and veterinary nurse members without further increasing an already unworkably large council, reductions in the representation of other member categories are therefore proposed. Over a period of three years, the number of veterinary surgeons elected to council would reduce from the current 24 to 13, though at all times they will have a majority. While it is considered essential that the council continues to benefit from the academic expertise of the UK universities with accredited veterinary degrees, a reduction in the number of places allocated to them is also proposed—from two per university to three members in total, appointed collectively. UK veterinary schools are content with the proposal for collective representation on council. Finally, the UK Government’s Chief Veterinary Officer will continue to be fully engaged with the council as now, but with observer status rather than as a Privy Council appointee.

Having a council of 42 members is an obstacle to its efficiency. The cost of each meeting—around £24,000 through reimbursement of expenses and loss of earnings —and the difficulty of ensuring that 42 members are available, restricts how often it can meet and therefore impacts on its ability to take timely decisions. As council cannot meet often enough to take time-pressured decisions, it has been necessary to delegate some of its work to an operational board. Decision-making is currently divided between council and the board, with a potential for lack of accountability in those decisions. At present, veterinary surgeons, veterinary nurses and the animal-owning public are at risk of being affected by delays and difficulties arising from decision-making under the current governance arrangements. If the council’s size were reduced overall, it could meet more frequently and reach and communicate decisions more effectively.

The proposed changes therefore reduce the size of the council and revise the balance of membership between vets and non-vets, including veterinary nurses and lay persons. They will bring the RCVS in line with many other modern-day regulatory bodies and allow for greater efficiency, transparency and accountability to both members and the general public. For all the reasons I have outlined today, I commend the use of the legislative reform order to make changes that will benefit the veterinary profession. I beg to move.

[Baroness Byford (Con)]

My Lords, I very much welcome the order before us today. I declare my interest as an honorary associate member of the Royal College of Veterinary Surgeons. For many years, we have had regular discussions with members of the royal college about the unwieldiness and the way in which they have had to work in recent years. The Minister referred to the importance of the health and welfare of animals of all sizes. It really does give me great pleasure to support this order today. I was particularly pleased to read the report from the Delegated Powers and Regulatory Reform Committee. It was a well presented and helpful report that had come forward following the various consultations that had taken place.

Any of us who are involved in public life would view a council of 42 with great fear. It was something that was fairly common in those days. I belong to the Worshipful Company of Farmers, and we would look at our constitution, which would be a very similar size in the old days, and we had to say, “In this day and age, is it relevant? Can it do the job it is supposed to do? Would it not do it better with a slightly smaller and more receptive constitution?”. Today we are looking at a very important section of the profession, and I am really glad that the profession has great support. We want to make sure that we have good governance and better regulation. That would then free up the council to meet more often and to be able to do what it wants to do in a more timely fashion.

I still believe that vets have a vital role to play, not just for the welfare of the animals that they look after, but for members of the general public, who rely totally on their expertise. In this way, the royal college and the members of it are an important link. I welcome the extension of council membership to lay members and veterinary nurses.

[Baroness Parminter (LD)]

My Lords, we on these Benches support the proposal. In the unavoidable absence of my noble friend Lady Bakewell of Hardington Mandeville, I thank the Minister most profusely for the opportunity he provided her and others last week to talk through this proposal and give some further insight into it. It is a set of proposals that are important to alleviate some of the well documented weaknesses in the governance of the RCVS in the past, and it will make an important contribution to organising an important profession in our country.

I wish to make two brief points. First, we of course support the direct elections that will be undertaken for the RCVS in future, but this is a very diverse profession. The practice in a small rural area is very different from the profession in a large urban conurbation. It would be helpful to know if the Minister could offer this House some reassurance that the breadth of experience in the diversity of the profession will be respected in the direct elections to the RCVS council that will come forward.

Secondly, there is a need for new blood. This is a profession where the pace of change is fast. Our understanding in veterinary medicine is changing and developing quickly; technology is changing our understanding of animal welfare, and animal physiology is changing fast. However, these proposals argue for a term of office of four years, which can be extended three times; then, after a period of two years, a council member may stand again. That would not necessarily be helpful in bringing new blood into any particular governing body. It may be difficult to make such a point in a House like this, where there is no democratic accountability and no limit on the term of office, but it is important that we reflect personally on the issue of the length of service. I hope that members of the council will show some restraint, so that, as the noble Baroness, Lady Byford, just mentioned, we can ensure that both members of the public and the animals the vets serve get the members that they need of a council that upholds the honour of what is a very important profession in this country.

Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018

Baroness Byford Excerpts

Tuesday 27th March 2018 Grand Committee

[Baroness Byford]

My Lords, I am happy to follow the noble Lord, Lord Campbell-Savours, because getting this right is hugely important. I do not know whether anybody happened to see the response to the Question that I tabled the other day on the number of abattoirs, because this reflects and follows on from some of the concerns that have been expressed. I asked what the number of small and medium-sized abattoirs was between 2001 and 2017. The data provided for that—if I go through it—was that back in 2001 there were 32 large abattoirs but 463 small ones. Looking at the last ones—I will not go through them all for the Committee; that would not be fair—the change that has taken place is that the number of large abattoirs has gone up from 32 to 44 but small and medium-sized abattoirs have declined from 463 to 276. As far as I am concerned that rings huge bells for animal welfare.

I welcome the move to have CCTV in all abattoirs. The noble Lord, Lord Campbell-Savours, identified some of the things that I would have done. Cameras need to be in the right place, at the right time and they need to be consistent. My query would be: what happens if you get a power cut? Do they automatically keep going? The power cut could happen naturally or could be from deliberate tampering. I do not think there is anything in these regulations that would cover that. I am afraid in this instance I am very concerned about some of the staff operating in our abattoirs and the way they have been dealt with.

I look back to a shocking case where halal abattoir staff taunted sheep before they were slaughtered. Halal and the way stunning is done or not done is not addressed here—and I know there are good reasons for that—but I think on this occasion it should be raised. It is crucial that we get right the whole question of how we deal with animals, how we look after them—we are not livestock producers—and how the end of life comes.

Bearing in mind my early comments I have a couple of queries. I draw the Committee’s notice to page 5 of the regulations before us. I am very keen that where penalties can be legally introduced they should be really strong. At the end of the awful case that I brought to the mind of the Committee, two halal slaughtermen were found guilty of causing suffering and were given,

“16 weeks and 18 weeks imprisonment—both suspended for 12 months”.

Alongside that, they had to do 250 hours of unpaid work. Both were disqualified from control over sheep and ordered to pay £500 costs. I would have preferred to see something much stronger there. I hope that other noble Lords will reinforce the idea that we have an opportunity here to make sure that the correct fines are in place where they are clearly needed.

I apologise—I have deviated a little. I come back to Regulation 12, which concerns penalties. The footnote to this regulation states:

“Section 12(4) of the Animal Welfare Act 2006 provides that the power in subsection (1) does not include power to create an offence punishable with a fine exceeding level 5 on the standard scale. Section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) allows the power to be exercised to create an offence punishable by a fine of any amount”.


I do not quite understand what is going on here. With one piece of legislation the fines are limited, whereas another gives the option to create an offence punishable by a fine of any amount. I seek clarification on this because it is hugely important. We have the opportunity today to try to improve animal welfare. CCTV plays a part in that but it is important that we have a chance to debate fines and the way that we deal with people who are proved to be guilty of unacceptable behaviour, whether that involves halal slaughter or the way that animals are stunned—sometimes stunning is not done in the best way possible. I suspect that noble Lords who follow me will be able to clarify that.

Going back to an earlier comment, my understanding is that veterinarians have to be present at all times. It is not a question of making unexpected visits; veterinarians should be there all the while. If it is suggested that veterinarians are not doing a good job and that, in addition, experts should be brought in, that is another matter, but for the benefit of the Committee I seek confirmation that a veterinarian has to be present when abattoirs operate.

I hope that what I have said will prompt others to comment because we are at a crossroads in dealing with end-of-life issues. There are certain things that I would love to have seen in the regulations but we want to make sure that what is in them will be enforced and will work properly.

Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Baroness Byford Excerpts

Tuesday 27th March 2018 Grand Committee

[Lord Trees (CB)]

My Lords, I strongly support these extremely welcome changes to activities licensed by local authorities under five earlier Acts through regulations under powers in the Animal Welfare Act 2006. These licensing conditions will now reflect the welfare requirements of animals as required in that Act and as will be required in the specific guidance being produced in association with this instrument—guidance that will be statutory, which is very important. The activities have been outlined by the noble Lord and I commend Her Majesty’s Government for introducing this instrument, which will undoubtedly have a very positive effect on animal welfare. I should like to make one or two comments and ask one or two questions.

On the breeding of dogs, the measure to reduce the numbers of litters per year from five to three, at which point a licence is required, and to apply various sensible measures, such as a prohibition on the sale of pups less than eight weeks of age, the requirement to provide information to the buyers and other sensible measures, are very welcome. However, it is worth emphasising, as the noble Lord did, that these requirements would apply to anyone breeding and selling puppies, even from one litter, if it was deemed to be a business. My understanding—the Minister may want to correct me on this—is that Her Majesty’s Revenue and Customs regards a profit of more than £1,000 a year as a business, but that needs clarity.

In toto, this instrument addresses several serious animal welfare concerns which many have had for some time. They include online sales, which have been addressed, exotic pets, for which more guidance will now have to be given at the point of sale, and various aspects of the breeding and sale of puppies.

Another measure with which I strongly concur is relevant to current concerns about the breeding of dogs where their conformation or genetics predispose to health or welfare problems among mothers or puppies. This is contained in paragraph 6(5) of Schedule 6 of the guidance:

“No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, phenotype or state of health that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring”.


This is extremely welcome. It clearly has relevance to issues of current concern, such as brachycephalia, where short-nosed breeds have a much higher incidence of respiratory disorder. There is even a name for it: BOAS—Brachycephalic Obstructive Airway Syndrome. There will clearly need to be consideration and discussion of the words “reasonably be expected” but I very much hope that this guidance will hasten current efforts to improve the health status of various breeds that intrinsically have a higher risk of suffering ill health. Indeed, I hope it will persuade dog owners and breeders to be much more selective in the dogs that they buy and breed.

I have some questions for the Minister. The guidance is essential to this instrument, so can the Minister assure us that it will be available by 1 October when the instrument is enacted? Will local authorities be given enough scope to charge reasonable fees? Will those fees be ring-fenced so that they cover all the costs incurred by local authorities—not just the training costs, about which we have heard a little, but all the costs of the measures—so that no local authority can claim insufficient resources to enforce this instrument?

[Baroness Byford (Con)]

My Lords, I too welcome this animal welfare regulation before us. I think that there are two of us here in Grand Committee who took the original Bill through, back in 2006, and I know we spent many hours on the Bill trying to get it right. Clearly, however, times have moved on—there was no such thing as buying and selling animals online in those days, which, as other noble Lords have mentioned, is a challenge.

I want to follow up on the last comment made, about breeding healthy dogs, because that is a huge problem. I do not know if it is so relevant in cats—it could well be—but it is certainly relevant for dogs. Therefore, I am glad to see it mentioned and hope that the Minister will be able to reinforce it. However, I have one question: what about some of the dogs that come in from abroad? Again, that is a question relating to their health and breeding.

In general terms, I welcome this improvement and tightening up of some of the regulations, and I know that a lot of outside bodies were consulted so that they could comment. I have four specific questions that I would like to raise about the document. I turn first to paragraph 5(2) of Schedule 3, which states that anybody who wants to buy a cat or dog has to go in person to see it. But I am thinking of those who are housebound: in that situation, those who want a cat may not necessarily be able to go and see it. Has any thought been given to this? Could a carer or somebody else go on their behalf?

My second question relates to paragraph 8(4) of Schedule 4: why do boarded dogs require daily exercise only once but breeding dogs require it twice? It seems to me slightly strange that they are not both under the same regime, because surely they both need good exercise. However, I suspect that the Minister will have an answer.

My third question concerns Schedule 7, which talks about private persons who train or show one or more pets. This may not apply directly to farm animals, but many of us in the Grand Committee go to county shows where animals are shown. They are perhaps not trained in the technical sense, but they are trained to show. Originally, I presumed that they would not be classed as a business, but some of the animals at these shows become very valuable if they manage to win championships. I have not found an answer in what is before us as to whether they would qualify and need a licence, or whether they are not regarded as a business, although they might be a business. It is fairly fine line and I would be grateful for some clarification.

My last question, which has been picked up by other noble Lords, goes back to the responsibilities that have been placed on local authorities. I accept that local authorities are able to claim back and get full costs, but will those local authorities that do not have many demands on them under the regulations have different charging rates? I am sure that that is not the intention, but how will we overcome this? The best way forward is not clear to me. There is a responsibility on local authorities and the move from one year to three years will help to lessen the demands on people’s time and expertise, but I would be glad to hear some clarification from the Minister when he responds.

[Earl Cathcart (Con)]

My Lords, when I was looking through the regulations, I was trying to see whether they would stamp out the bad practice of illegal, back-street puppy farming. I welcome the provisions on the eight-week period and viewing with the mother. I was also pleased to see that the regulations require non-commercial breeders to obtain a licence if they breed three or more litters per year, which is down from five or more previously. That will make it more difficult for breeders to claim that they are non-commercial in order to avoid having to have a licence.

Let me play devil’s advocate for a moment. It is not difficult to see that, if a breeder wanted to avoid this restriction, he could say that he owned two bitches, his wife owned another two bitches and each of his children owned two bitches. It would be impossible to prove otherwise. I think that the regulations have missed a trick. If the requirement for a licence for more than two litters per annum was applied not to the breeder but to the premises, it would be much more difficult to circumvent the rules. My question to the Minister is this: is there any way that the Government could add to “breeder” the words “and/or premises”, perhaps in the guidance notes to the local authorities?

Environment: 25-year Plan

Baroness Byford Excerpts

Monday 29th January 2018 Lords Chamber

[Baroness Byford (Con)]

My Lords, I begin by declaring my farming and other interests as listed in the register. The 25-year environment plan is long awaited and I for one am very glad that the farming and environment plans have been merged into one document. I am grateful to the Minister for introducing this debate. As he will be aware, some 70% of our land is farmed; crops, livestock, forestry and conservation are all interlinked in good farming practices. The food industry that they supply is worth more than £100 billion a year, and farmers must look to making profits if the wider aspirations of this plan are to be achieved.

There is insufficient time to cover all the topics, so I will concentrating on three chapters in the report: namely, chapter 1, on using and managing land sustainably; chapter 3, on participation and improving health and well-being; and chapter 4, on the reduction of pollution and waste.

I begin at page 32 of the report. This section highlights the need to improve our soil, air and water—in other words, the earth’s natural resources—by improving land management, helping biodiversity and delivering new environmental land schemes. I am sure that the Minister will recognise that a one-size-fits-all approach will not suit all types of land or farming methods and that the flexibility in these schemes that is referred to in the plan is essential. I turn to page 37 which states:

“We will continue to invest in technical advice to support farmers and land managers in delivering the outcomes and to help them to work together”.


The Minister will be aware of the coming together of various farmers to create farmer clusters which have been growing in number since they were started back in 2008. Their valuable work together has created corridors of adjoining land that has boosted conservation and wildlife. These are great success stories which encourage profitable farming and conservation to go hand in hand. It is a good example of what can be achieved and I welcome the Government’s announcement of an agriculture command paper which will involve wide consultation with farmers and stakeholders.

I turn to chapter 3, “Connecting people with the environment to improve health and wellbeing”—something which is precious to us all. I welcome this chapter, which considers ways to encourage children to be close to nature. Many schools give their students the opportunity to visit farms to observe and, in some cases, handle livestock and have the joy of being outside in the rural countryside. I place on record my gratefulness to FACE for its work in schools and to LEAF for promoting Open Farm Sunday, which gives families a chance to visit farms and learn about food production. I mention in passing the importance of care farming projects, which help those who are individually disadvantaged.

Sadly, too many people have never experienced the peace that can be found in the countryside. This week is homeless week, and only yesterday at Leicester Cathedral the reverend Helen Hayes, a pioneer priest among the homeless, spoke of the difference that a visit to the countryside can make. She and others took a very small group of disadvantaged people, some homeless, who were given the opportunity of a three-day break in Derbyshire. When they initially met them, the people they were taking had their heads down and their hoodies up. Their self-worth was at rock bottom. But, as the days went on, they were transformed by their visit, and at the end they were standing tall and appreciating the countryside. I am glad that this 25-year plan includes a section on well-being, because it is hugely important. Doing more to help people who have hit difficult times will be worth while.

Finally, I turn to chapter 4, on the reduction of pollution and waste. Over the past years, I have regularly asked questions on fly-tipping. Waste dumped on public land is cleared by the local council at public cost. When it is dumped on private land, the owner has to foot the bill. The problem is becoming worse. Councils use CCTV in areas where they know that there is regular activity, but criminals in rural areas arrive early or late, at dusk or in the dark, using vehicles carrying only a very small number plate for identification. Sometimes I wonder whether we should not have to have that sort of identification in a much bigger state so that it can be seen even in those dark times.

I move now to plastics, which are used by manufacturers to change the image, shape or weight of their products. When the party opposite legislated to reduce the packaging weight, pet food manufacturers moved away from tins, which were universally recycled, and introduced pouches, which have to go to landfill. Much more work needs to be done to ensure that manufacturers use products that can be recycled—I so agree with the right reverend Prelate. I understand that recycling systems that use infra-red to separate plastic from the rest of the rubbish have to send all the black plastic to landfill. Could the Minister tell us whether research is being undertaken in this area?

As others have suggested, if this 25-year environment plan is to succeed it must set challenging but realistic targets. Progress must be monitored and revised regularly. I understand that a five-year review is planned. The Government have also proposed to set up an independent statutory body to oversee that plan to assess progress in the environment and conservation sectors. But we should not be afraid to have flexibility with any scheme, because over the years new and exciting things will be discovered about ways we can do things better.

I welcome the opportunity to take part in this debate. The plan challenges each and every one of us to think about the way we live and use natural resources. I wish it and the Minister every success.

Water Abstraction Regulations

Baroness Byford Excerpts

Monday 15th January 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am very grateful to the noble Baroness, Lady Jones of Whitchurch, for putting down this Motion to Regret. I am able to support all of her arguments in this vital matter. The use and retention of water is key to the way in which the country is able to function, both in terms of domestic properties, farming and business.

As the noble Baroness said, the 10th report of the Secondary Legislation Scrutiny Committee back in November made it very clear that the Government have taken an exceedingly long time to reach the point where they feel they can move forward with secondary legislation—some 14 years after the parent Act. Currently around 5,000 significant water abstractions are exempt from licensing, while some 20,000 abstractions have licences. There does not appear to be any substantial reason why licences should not apply to all abstractors. This is clearly inequitable.

Keeping our rivers flowing must be a priority as overabstraction is damaging diverse wildlife populations. It would seem, from the Prime Minister’s speech last Thursday, that the Government have now woken up to this fact. Analysis shows that the economic and social costs of drought far exceed the costs of addressing the problem and that the rate of return on investment of improving river health is high.

Nearly a quarter of rivers in England are at risk from unsustainable water abstraction, with 14% classified as overabstracted, meaning that water removal is causing rivers to drop below levels required to sustain wildlife. Some 9% are overlicensed, meaning that the river would be overabstracted if licence-holders took all the water they were entitled to. This situation is critical and should not have had to wait 14 years to be addressed.

As we heard, the Government conducted a consultation in 2009 and then again in 2016. I wonder if having consulted in 2009, the incoming Government did not like the responses and shelved the document. I have looked at the responses to the 2016 consultation. Farmers and the mining and quarrying industries were the highest responders, but some responders did not reply to all questions, as they did not all apply to them. Somerset has farming, mining and quarrying industries that are highly dependent on water abstraction. I found the responses of the water level management contributors most interesting, as I live close to the Somerset Levels. The internal drainage boards are only a small section of responders, but they are extremely important.

I was also interested in the response to Question 3 on excluding compensation provisions for future abstractors, with all six environmental groups agreeing with the proposal and all seven in the quarrying and mining sector disagreeing. I understand the Government’s dilemma in trying to please everyone. But water, as we know, needs to be both harvested and protected for the environment. The Government must transpose the water framework directive in full, establishing mechanisms and sanctions to enforce its implementation, even if we leave the EU. The 2027 deadline to increase the proportion of water bodies in good ecological status should be upheld.

The Government’s Brexit White Paper guaranteed that this important piece of legislation and its 2027 deadline would be transposed into UK law. Will the Minister now confirm that this will happen? In its Water for Life White Paper, Defra set out its intention to reform the abstraction regime to ensure sufficient water for wildlife and economic growth. The resulting legislation to make this a reality was due this spring. But in April 2017, the Minister confirmed that new legislation was on hold due to insufficient parliamentary time to take it forward.

In 2016-2017, Britain experienced the driest winter and early spring for more than 20 years according to the Met Office. But Parliament appears not to have been able to allow time for the Government to implement the vital legislation covered in the Water for Life White Paper.

As well as wildlife and biodiversity, water abstraction featured in last week’s 25-year environment plan. The Government aim to amend licences in cases of unsustainable abstraction; encourage water trading and storage; introduce more low-flow controls to protect the environment; and replace seasonal constraints to allow extra abstraction at high flows. They will be extremely busy and it will be good if all that comes to pass.

In many parts of the country, severe drought is a real issue, but in others, the problem is flooding. Managing water flow, storage and movement is key to all those areas affected. Not taking action on the directive for 14 years seems to these Benches to be dilatory in the extreme. I look forward to the Minister’s response on this important matter.

[Baroness Byford (Con)]

My Lords, I should perhaps declare an interest as a farmer in Suffolk. I do not think that we use any irrigation on our crops because the land is pretty heavy and wet—but I will correct that in the future if I am wrong.

Tonight is a slightly odd circumstance for me and for the noble Lord, Lord Whitty, who is in his place opposite. He and I took the Water Bill through the House back in 2003. I remind noble Lords who are contributing today that one of the things that we did with that Bill was to exclude small businesses from having to have a licence control certificate if they took less than 20 cubic metres a day. I think that that is still the position today.

I, too, pay tribute to the Secondary Legislation Scrutiny Committee. When I was in the same position as the noble Baroness, Lady Jones, as shadow Minister with the agriculture brief for 10 years, I relied on the committee a lot and I was very grateful to it for bringing certain things to my attention. The delay that it referred to at the end is certainly accepted as far as I am concerned—and I am sure will be by my noble friend the Minister when he comes to respond.

I will refer to one or two things within the section that we are dealing with. In fact, the Act came into being in 2003. If one were casting aspersions at the present Government taking a long while, I cannot remember why on earth in 2003 we did not move it on quicker and have the consultation earlier. Perhaps the noble Lord, Lord Whitty, will be able to remind me. There was quite a long time between the Act coming into being and going out to consultation in the first place. Again, the noble Baroness, Lady Jones, or the noble Lord will have more information than I do.

Agriculture, Fisheries and the Rural Environment

Baroness Byford Excerpts

Thursday 2nd November 2017 Lords Chamber

[Baroness Byford (Con)]

My Lords, it gives me the greatest joy to follow the very special contribution today of my good and noble friend Lord Plumb. As other noble Lords have already indicated, Henry’s contributions to agriculture over his lifetime have been immense. His leaving school at 14 to take on the running of the family farm, his membership of young farmers’ clubs, where he met Marjorie, his first steps into agricultural politics and, eventually, his rise to be the youngest vice-president of the NFU at the age of 38 all reflect a man with a mission.

My noble friend was elected as MEP for the Cotswolds in 1980, as we have heard, and later became President of the European Parliament. His people skills and ability to persuade marked him out as a man who could make things happen—and they did. This House has heard his memories of amazing events over these past 30 years and the lessons learned, but—and it is a very big “but”—he has always continued to look forward to challenges and opportunities, as we have heard today. We shall be very sorry not to see him on these Benches again.

On a more personal level, I have witnessed the contribution made by my noble friend Lord Plumb to the wider community through his support for farming charities and rural communities, as well as his desire to encourage young people to go into farming businesses. As some of your Lordships know, he is a past master of the Worshipful Company of Farmers and was master when I became a liveryman.

Time restricts me to these few remarks but, lastly, I should like to pay tribute to him for setting up the Henry Plumb Foundation in 2012. As he explained, its aim is to give young farmers a start—a leg up, not a handout. To date, 54 scholarships have been awarded. Each scholar is allocated a mentor, who is there to help, advise and encourage.

We warmly thank my noble friend Lord Plumb for all his contributions in this House, where he has been a walking encyclopaedia, and for his ambassadorship for the farming industry internationally. I know that he will continue to take an interest in parliamentary work, though perhaps from a more comfortable seat in Warwickshire.

I turn now to my very brief contribution as I am well aware that we are time-limited. I declare my farming interests as listed in the register.

We must have robust outcomes to the Brexit negotiations if the challenges we face on leaving the European Union are to be resolved. We must ensure that our agricultural, food and other businesses in rural areas are best prepared for the new trading opportunities that will emerge. Our producers must not be put at an economic disadvantage. Fair trade should mean free and fair trade for all, recognising the high standards set for UK businesses, especially for livestock producers.

We await the agriculture Bill, and I am pleased that it will be taken simultaneously with the 25-year environment plan; the two go together and should not be divided. This Government are committed to developing a system that will enable the UK to grow more, sell more and export more. I, like others, welcome this commitment.

I should like to raise three items. The first is trade agreements. We need the ability to increase the home and overseas markets to which I referred earlier. The second, as touched on by the noble Lord, Lord Whitty, is labour, including seasonal workers and skilled full-time workers. We must encourage more young people into apprenticeships so that they can learn while gaining work experience. Here, again, I congratulate this Government on what they are doing in encouraging apprenticeships.

Thirdly, and most importantly, we need more highly skilled scientists, technicians and engineers. In a world where GPS systems are the norm, where drones can give the exact area of crops that need fertiliser or other dressings and where robots will be able to pick soft fruit, one realises that farming methods have changed rapidly. A hundred years ago, the steam tractor was being developed. Today’s developments will change traditional methods of production, opening up new opportunities. As some noble Lords will know, earlier this year Harper Adams University cultivated, planted and harvested a complete field of barley—all with driverless equipment.

The question is: will we be ready? We must be, but equally we must not be afraid of doing things differently or taking calculated risks. We must have an open mind. Most importantly, we must encourage and support present and future generations who are eager to rise to the opportunities and challenges that we face in agriculture, fisheries and the rural economy.