Agriculture Bill

Baroness Finlay of Llandaff Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, this Bill is silent on pesticides and herbicides, yet they are toxic to insects and wildlife. Some may prove carcinogenic, even at a very low dose, and the current regulations on these chemicals need to tighten, not lapse. Several noble Lords have addressed the urgency of this and said that we must value high-quality, ethically farmed UK food. Maintaining current standards and practices will not be enough.

Focusing on issues pertinent to Wales, I thank the Minister and his department for working with the Welsh Government to add to the Bill the powers requested to introduce an agriculture Wales Bill in the next Session. It will allow continuity of support for Welsh farmers and the effective functioning of the UK single market going forward. It will include powers to simplify or improve the basic payment scheme to farmers beyond 2020 and to modify retained direct EU legislation on the financing, management and monitoring of the common agricultural policy and support for rural development.

Schedule 5 to the Bill, the Welsh schedule, will enable Wales’ animal health and welfare framework to be supported by legislation. The framework is based on “prevention is better than cure”, with health improvements through the vet and farm plan that promotes joint working for animal welfare, linked to planned maintenance. The agriculture Wales Bill will echo the Well-being of Future Generations (Wales) Act, with awareness of Wales’ global responsibilities, such as through the network of antibiotic champions to decrease antibiotic use.

The intention behind Clause 27 is to counteract unfair trading practices and to prevent market abuse—that is, larger players in the market exploiting those in relatively weak market positions. However, if this is a reserved power, there must be consent from the Welsh Government because those powers intersect with devolved matters for Wales, including agriculture and agricultural productivity and sustainability. Can the Minister confirm that the Government will strengthen the requirement to engage with the Welsh Government by amendment, as required in the legislative consent Motion, which my noble and learned friend Lord Thomas of Cwmgiedd and I support? My noble and learned friend, being unable to speak today, has written to the Minister asking when the draft common framework on agriculture will be available and whether it will contain a dispute resolution mechanism. The UK internal market must function appropriately, enabling the devolved Governments to determine matters such as standards and subsidies.

Although the Explanatory Memorandum recognises that organic production is a devolved competence, the Secretary of State seems to be able to legislate on organics. This confusion needs clarifying by amendment to ensure that the Secretary of State can make organic production regulations falling within devolved competence only with the prior consent of Welsh Ministers.

Regarding the World Trade Organization Agreement on Agriculture, there remains disagreement between the UK Government and the Welsh Government on whether the WTO clause is wholly reserved. Can the Minister confirm that a bilateral agreement has been reached to require the UK Government to consult the devolved Administrations before bringing forward regulations under this power?

Subject to amendments ensuring consultation and such a framework, I hope we can support the Bill.