Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to move Amendment 44A. In doing so, I thank my noble friend Lady McIntosh of Pickering for her support. The amendment is incredibly straight- forward. It would enable farmers and all those in our rural communities to have the broadband connectivity and digital skills to operate confidently in that space.

As we have seen through the Covid crisis, our farmers have been on the front line in so many ways, filling in for long supply chains that should, in many ways, probably not have been that length in the first place. Our farmers have absolutely stepped up. Although they have been on the front line, they have often found it impossible to be online. The National Farmers Union broadband survey last year showed that 15% of those in our rural communities had no indoor broadband connectivity at all, and a shocking 36% could say they had only adequate broadband cover.

As we have also seen through the Covid crisis, it is not just the economic imperative to be online; there is a social and psychological dimension. Not only have our farmers not been able to run their businesses efficiently and effectively, the social dimension of keeping in contact with friends and family, and the psychological difficulties often felt with the remoteness of rural communities, have been brought home only too strongly through the Covid crisis.

Amendment 44A would put an end to this parlous position when it comes to broadband, digital connectivity and digital literacy. Earlier this year, in response to the EFRA Select Committee inquiry on broadband conductivity, the Government said that they had in principle put £5 billion in and would look at a shared rural broadband network. It was talked of in principle and intention. How do the Government intend to put that into will?

It is not just good soil and good farm management that produce our fabulous food, fruit and horticulture products but having high-speed broadband and the confidence and digital skills to operate in cyberspace as much as across the fields of the United Kingdom. We must demonstrate that we are all in this together. That means providing a level of broadband and digital literacy for all our farmers and all those in our rural communities. Does my noble friend the Minister agree? If the Government are not up for supporting the amendment, will she say how they intend to get the best out of all our rural communities, not least our farmers, to deliver on the levelling-up agenda and to drive economic, social and psychological benefits for our farmers and all those across our rural communities? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to support Amendment 44A and I thank my noble friend Lord Holmes of Richmond for tabling it. I pay tribute to his expertise, knowledge and sheer perseverance in this area. It gives me the opportunity to draw further attention to how woeful broadband and wi-fi connections are in many parts of rural England because places are simply too far—more than a mile—from the local box.

Also, many will not appreciate the issue with the mobile phone signal. I look directly at the Woolsack; I am sure this problem is not unfamiliar in Scotland. In the summer in parts of North Yorkshire where the red phone boxes have been removed it is inherently dangerous if you do not have access to a landline. It is incredibly important that we should have a good mobile phone service. I had hoped we would be able to piggyback on the police service, but apparently we are not able to do that for security reasons. North Yorkshire Police made a massive investment to make sure they could apprehend criminals by getting reinforcements where that was the case.

I take this opportunity to bring to my noble friend the Minister’s attention how in many areas of the dales and the moorlands of the north of England there is both poor mobile phone conductivity and woeful broadband—it is persistently bad. I welcome the amendment and the extra spending the Government have announced to be spent in areas such as North Yorkshire, recognising that this is the case.

We went into the last election and the previous one with a commitment to a universal service of “x megabytes by x date”. That date keeps moving. Can I press my noble friend on what date we will have universal service and on whether the additional funds that the Government can find can be spent on the 3% of the population who are hardest to reach? It grieves me greatly to be told that 97% of the population will have universal access to broadband but not the 3% of us who happen to live in rural areas. I want to ensure that we can reverse the priorities and spend the additional money, and any other money that is available, in these hardest-to-reach areas.

As my noble friend Lord Holmes set out, it is an unacceptable situation that, in the 21st century, children who are sent home from school because one of their class has Covid-19, and who are diligently trying to do their work at home, prevent farmers going online to fill in forms. I hope that the Minister uses her good offices to correct that situation.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I congratulate the noble Lord, Lord Holmes of Richmond, for bringing forward this amendment. I suspect that other Peers did not realise that this amendment had been re-tabled, hence the short speakers’ list.

During the Covid-19 lockdown it became painfully apparent how inadequate the broadband system is, as the noble Lord, Lord Holmes, has said. It is vital that all areas of the country have good, fast and resilient broadband, especially those in our agricultural sector. Many Peers attempting to take part in virtual proceedings have struggled with connections suddenly dropping off or being unable to log on in the first place. In 2018, the average broadband speed in rural hamlets and isolated dwellings in a sparse setting was half that of major conurbations. Can the Minister say whether this has improved in the intervening two years?

In the aftermath of the Huawei fiasco, the Secretary of State was clear on the consequences of the Government’s decision to pull out. Operators charged with delivering 5G will now, without compensation, have £2 billion less to spend on rolling it out, at the same time bearing the cost of ripping out high-risk vendor 5G equipment by 2027. This is a huge proportion of the investment which was to be committed by the operators towards 5G rollout. Can the Minister say whether, in the intervening months since this decision was made, the Government have now reconsidered providing compensation to providers and consumers? The change in provider will delay the rollout of 5G by two to three years. Rural communities are already extremely disadvantaged in their connectivity. Many rural businesses have had to relocate to more urban areas to continue operating. Those in the farming community, like others, must fill in all their forms online. This now appears to be the Government’s only way of communicating with those residents to whom they attempt to provide services.

As the noble Baroness, Lady McIntosh, said, during the lockdown children were dependent on Zoom connectivity to take part in sessions with their teachers. Although this meant that they received some tuition, for many the connection was so poor that it was hopeless. If the Government are true to their word in wanting to support rural communities, it is vital that broadband connectivity and digital literacy are taken seriously. This is not a “nice to have” for the agricultural industry, but an “absolute must”. I look forward to the Minister’s response.

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[The Earl of Caithness (Con)]

My Lords, I welcome these amendments. I have only two questions for my noble friend.

It concerns me that these amendments have been tabled at this stage. Why did we not know about this problem before? Why has it only just come to light on Report? It worries me that we might be letting other issues through.

Are there any other related programmes affecting other industries where primary legislation might be needed to cover the gap, as my noble friend is covering it for agriculture in this instance?

[Baroness McIntosh of Pickering (Con)]

My Lords, I am pleased that my noble friend has tabled this group of amendments to clarify the legal situation in what seems a potentially vexatious area.

I want to place on record how dependent many heavily deprived rural areas have become on parts of the European rural development fund. To quote the noble Lord, Lord Mann, I want to place on record a bid to make sure that any offerings from the shared prosperity fund will include a heavy element of rural development and grants.

I also want to put a question to my noble friend the Minister. What will the natural end of these schemes be? I assume that they will be phased out. If the schemes are rolled over in the specific circumstances to which my noble friend referred, will they reach the natural end of their life by 2023? Will the LEADER programme and the other programmes that fall under the current rural development schemes—they have obviously had much funding from both EU and domestic funds—continue to benefit from the new ELM schemes? Is that the Government’s intention?

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

My Lords, I shall speak to Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, and to Amendment 53, in the name of the noble Baroness, Lady Boycott, both of which I have attached my name to.

I start with Amendment 53, which concerns adding household food insecurity to the matters on which the Government must report. As the noble Baroness, Lady Wilcox, noted earlier, adding to our remarks last week, although we can treasure the contribution of people who donate to food banks and the volunteers who work in them, food banks themselves are a national disgrace. No one should have to rely on charity to feed themselves. The government reports on food security and insecurity should also include not just what food is available but whether everyone has access to a full, healthy diet, and whether it is available to them financially, physically—I am thinking of things such as food deserts—and practically. On that latter point, do they have the cooking facilities and the energy they need to prepare the food?

On Amendments 50 and 52, I agree with an earlier comment that the question of whether the Government should report every three or five years is finely balanced. I welcome the fact that the Government agree that reporting every five years is not nearly often enough. I think that there is an argument to be made either way, although I can probably live with a three-year reporting cycle, and I hope it is something that we can get a real national focus on. Food security is one of the central roles of government—surely making sure that people do not starve has to be right up there.

I did a little survey of the news this morning, looking at what is happening around the world. I discovered that the Chinese corn crop is expected to fall by 10 million tonnes—nearly 4%—from the latest government estimates after heavy wind and rain toppled crops in major production areas in the north-east corn belt. That follows the events in America in August, when, across Iowa, 14 million acres of insured crops were damaged by what is known as the derecho—that is, conditions very similar to those experienced in China. I do not need to rehearse for your Lordships’ House just how difficult a year this has been for our farmers. The idea that we can simply rely on buying food on the global market is a very dangerous approach for all kinds of reasons, but food security has to be top of the list.

Just this morning I was at a Westminster Food & Nutrition Forum policy conference on the future of agricultural land use. There was a very interesting contribution from Adrian Aebi of the Federal Office for Agriculture at the Swiss embassy in the United Kingdom. I was interested to learn that Article 104 of the Swiss constitution provides that the agricultural sector shall sustainably make

“an essential contribution towards … the reliable provision”

of food and

“the conservation of natural resources and the upkeep of the countryside”.

Mr Aebi also informed us that the Swiss Government have clear targets for local food supplies and for improving diets, and they have expressed their intention of pushing towards a more plant-based diet for both environmental and human health reasons. I do not have the information to judge exactly where Switzerland might sit on a global league table of food policy but the UK clearly needs to do better. The Government keep saying that they want to be world leading in these areas, so we need to see clear targets from them on such things, particularly in relation to England.

It is interesting that reference to this issue is made in the Swiss constitution. Of course, we have our unwritten, accidentally accreted over many centuries, constitution that lacks such provisions. That is perhaps something to think about for the future.

I welcome the progress that we have made in this area. We have moved forward but we need to keep focusing on food security as a crucial part of government policy. Seeing all the work that is happening in your Lordships’ House on this issue, I am confident that certainly we will keep working on it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for recognising that the House was very uneasy about there being a five-year period between the initial and subsequent reports. If I understood him correctly when he spoke to this group of amendments, the Government will report at least every three years. However, if, for example, there is a shortage of food supply at home and a big fall in our self-sufficiency from the current 60%, and if, at any time after 1 January, there is any threat to the level of food imports into this country that could cause a future shock or crisis, I hope that my noble friend will take the opportunity to review this matter and report more frequently than every three years. However, I thank him for listening to the House and to those of us who raised these concerns at Second Reading and in Committee.

I support the right reverend Prelate the Bishop of St Albans in his Amendment 57, to which I have appended my name. It would require the Government to specify food security targets and implement actions to ensure that those targets were met. I hope that my noble friend would in the course of natural events seek to do that in the reports to which he has referred.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for listening and I thank noble Lords who spoke in Committee about the need for more frequent reporting on food security. It is important that we have more frequent reports on food security. Only this year, the Food, Poverty, Health and Environment Committee, of which I am a member, published a reported entitled Hungry for Change. It detailed the need for regular reporting and to address inadequate supply chains, which will be exacerbated not only by Brexit but by Covid. We need to address the effect of this global pandemic on the current levels of food insecurity in the UK, the developing world and other areas on which we rely for food.

I also support Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, which I regard as probably an interim measure. I was happy to put my name to the amendment of the noble Baroness, Lady McIntosh of Pickering. She and I well recall our time as members of the EFRA Select Committee in the other place, of which she was chair. The committee found that levels of food security and food insecurity were equally inadequate and required to be addressed. Perhaps now we are getting to grips with this issue, which will have been made worse by Covid and Brexit.

On food provenance, it is important that we know where our food comes from and that it is properly controlled. People should receive an adequate supply of food and should no longer have to resort to food banks. However, the reality is that many people rely on them. We have to try to ensure that people have access to the right benefits, and in that regard there should be a review of the whole universal credit system.

Will the Minister talk to his colleagues in the Department for Work and Pensions to address the issue of food security? It is a global issue as well as a domestic one. We need specific food security targets to be set on an annual basis, although I welcome the move to a three-yearly basis. Relevant reporting to Parliament is also required every three years, although I would also prefer to see that on an annual basis. We have to see what is actually going on, and when we have witnessed that, surely Parliament, working with the Government, can take appropriate action to address deficits in both food security and insecurity.

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[Lord Judd (Lab) [V]]

My Lords, my heart always cheers when I see an amendment to any legislation by the noble Lord, Lord Krebs. He brings experience, wisdom, knowledge and insight in a disciplined way to our proceedings, and I thank him warmly for this amendment. I am also glad to see my noble friend Lady Jones in full support.

We can in this House sometimes sound a bit like a Greek chorus, wringing our hands about what is wrong, social evils and the things that are failing to deliver the kind of society we all claim to want to see. The great thing about this amendment is that it takes the opportunity of this Bill to bring in a comprehensive and disciplined way some muscle to what we are going to do—demanding plans for action in specific areas by specific dates.

I have just looked through the list in the noble Lord’s amendment and think of all the hours that we have spent in this House discussing these things:

“increase sustainability of food production … improve dietary health and reduce obesity”—

how we lament obesity, but here is a firm suggestion as to what we should do about it. The list continues:

“incorporating the environmental sustainability of food into the Eatwell Guide … ensuring that domestically produced food meets environmental sustainability standards … ensuring that food waste is minimised”—

the noble Lord, Lord Greaves, spoke powerfully on this point; I too become appalled and disgusted when I see the mountains of food that go to waste. The amendment further calls for:

“ensuring that public procurement meets both health and sustainability standards … providing increased funding for research and development into sustainable agriculture … supporting local and regional food identities … supporting procurement of food produced in the United Kingdom where appropriate and sustainable … developing an assurance scheme for food produced in the United Kingdom to enhance consumer confidence in the safety, quality and sustainability of such food … ensuring the reformulation of less healthy foods using fiscal and other appropriate means … restricting the marketing, promotion, and advertising of less healthy food both in retail outlets and through the media … reducing food insecurity, food poverty, and obesity in the lowest income groups”—

how we profess our concern about this grave social issue, but in the midst of our society we have these areas in which food insecurity, food poverty and obesity are so prominent.

I could go on, but I quote at length from the amendment because the points in it need to be spelled out for all to hear. I am very glad that the amendment has been moved. It is a helpful way of bringing the production of food and the whole system of agriculture into a direct relationship within a comprehensive strategy for dealing with many of the social and immediate problems which confront us. It is a terrific amendment and I shall be glad to support it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Krebs, on moving this amendment, which on the face of it has much to commend it and covers a wide-ranging issue. In his introduction, he stated that he wanted to put in the Bill what the Government are committed to doing to deliver safe, healthy and affordable food to all. I cannot imagine that any Member of your Lordships’ House would disagree with that.

We are very fortunate to benefit from the expertise and knowledge of the noble Lord, Lord Krebs, the noble Baroness, Lady Jones of Whitchurch, the noble Baroness, Lady Boycott, who is, of course, a member of the advisory panel on the national food strategy, and indeed the noble Baroness, Lady Bakewell of Hardington Mandeville, all of whom have signed this amendment.

The noble Lord also went on to say that the Government are committed to publishing a White Paper six months after the publication of part 2 of what I call the Dimbleby report on the national food strategy. After that, Mr Dimbleby is invited to review progress six months later. My concern with the amendment, and I look forward to what the Minister will say in summing up the debate, is that it pre-empts part 2 of the national food strategy. It is not always that I say this, but again I commend the Minister in this regard, because the Government seem to be on the side of the angels and have commissioned Henry Dimbleby to produce his report. I pay tribute to Mr Dimbleby and all those who have contributed, such as the noble Baroness, Lady Boycott, Minette Batters and a host of others who have huge expertise and add great value in this field.

I understand, looking at the first part of the national food strategy, that the recommendation covers two main themes: making sure that a generation of our most disadvantaged children do not get left behind, that eating well in childhood is seen as the very foundation stone of equality and opportunity, and so it goes on; and then the second part of part 1, which I am going to draw on heavily when I come to later amendments. Mr Dimbleby talks of the essence of sovereignty being freedom, saying that this is a one-time opportunity to negotiate our new trade deals, that the Government must protect the high environmental and animal welfare standards of which our country is justifiably proud, and so it goes on.

So I am slightly confused, because I do not disagree with one iota of what is in this amendment. But there are many issues that I have found cause to criticise the Government on, and my noble friend has been patient in the extreme in listening to this, both outside and inside the Chamber, and I thank him for that. But when the Government have gone to the lengths of commissioning a national food strategy, are we not being a little pre-emptive in Amendment 58 before the House this evening?

[The Earl of Dundee (Con) [V]]

My Lords, I support Amendment 58 on the national food strategy in the name of the noble Lord, Lord Krebs, connecting as it does to the useful Amendment 53 in the name of the noble Baroness, Lady Boycott, which we have just debated and which recommends that government reports on food security should include assessments of household food insecurity.

As has been said, healthy food and a healthy environment are central to the Bill; therefore, it would be consistent with the Bill if the Secretary of State should present a food strategy to Parliament. As the noble Lord, Lord Krebs, has indicated, its aims should be to increase sustainability of food production, to support food production and consumption and, not least, to improve dietary health and reduce obesity. I hope the Minister will back this proposal.

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[Lord Carrington (CB)]

I declare my interests as a farmer and landowner, as set out in the register.

I welcome the provisions in the Bill that will allow the Government to provide financial assistance where there is a disturbance to markets for agricultural commodities causing producers to face reductions in income. However, I am concerned that the Bill unnecessarily constrains the Government from acting in all relevant circumstances. The Bill as presented to us will not provide the Government with sufficient ability to intervene in markets where disruption has been caused by environmental factors such as weather—for example, drought or flood, both of which we have had examples of in recent years.

I have taken on board the comments of the noble Baroness, Lady Bloomfield, when similar amendments were debated in Committee and, while I agree that farm businesses need to take responsibility for resilience and sustainability as far as they can, we are looking here at events which are, generally, one-off events which occur outside the control of the farmers affected. For instance, in the case of floods, the farmer has no input into the maintenance of sea walls and other major flood defences.

I am aware of past suggestions that farmers should look to use some form of insurance facility to cover those eventualities but, in reality, such insurance is either unavailable or accessible only at disproportionate cost. In other countries, Governments have offered such insurance, but this has proved extremely costly to the taxpayer and has encouraged moral hazard.

There are also farming disasters which continue on a chronic rather than an acute basis, such as animal disease—for example, bovine TB. The Bill provides only for acute circumstances. In highlighting the issue of chronic or long-running issues, the amendment does not require the Government to intervene in those widened circumstances but provides a mechanism for the Government to do so if it believes it necessary. This seems an entirely sensible approach within an enabling Bill, which contains so much about providing the Government with powers to act when necessary. I emphasise that this amendment provides a power, not a duty.

Although the Minister indicated that the objective of the Bill’s provisions is to deal with acute rather than chronic issues, I believe it would be a major missed opportunity not to include power to deal with chronic issues within the legislation. Without the power to intervene in markets where environmental or chronic issues prevail, the Government could be rendered impotent in responding without bringing forward further primary legislation. Surely it must be better to ensure that the powers are available in the Bill on a forward-thinking basis rather than belatedly having to take them when an issue needs to be addressed. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I congratulate the noble Lord, Lord Carrington, on tabling these two amendments, both of which I support; I am delighted to have co-signed Amendment 108.

I have just one question. I spoke at some length in Committee, and my noble friend the Minister was generous in her closing remarks in that debate, stating that there is current legislation that would pre-empt these provisions. The noble Lord, Lord Carrington, referred to the specific example of flooding; obviously, one could refer to others, such as the current pandemic. In this instance, I am delighted to say that farmers managed to get the food into the shops and on to the supermarket shelves, and worked all hours to do so. There could, however, be shocks and other glitches to the supply chain. These two amendments provide for such circumstances and it would be neat, in my view, to include them in the Bill.

My question to my noble friend when she sums up is very specific. I think she referred to the new farming recovery scheme as a case in point where there is current primary legislation on which farmers could depend if such assistance was required. But to my certain knowledge, when farmers in North Yorkshire, in the constituency of our right honourable friend the Chancellor of the Exchequer, applied for the scheme, they were given the proverbial raspberry. We saw the devastation caused to the farms and to tourism in the area. They are still reeling from that result. That was in January—it seems an awfully long time ago, but it was only January this year—and they were still not back on their feet when they had to deal with the total lockdown from March onwards.

I should like my noble friend to revisit that legislation and, if she does not have time to do so today, leave a note in the Library on why she is convinced that that legislation covers the scenario set out in these two amendments, because in my experience it certainly did not in the case of North Yorkshire and our right honourable friend.

[Lord Northbrook (Con)]

My Lords, I meant to declare my interest as a landowner and arable farmer in my earlier contribution. I support Amendment 59, as I did in Committee. It is very important to have the power to extend financial assistance to events caused by natural phenomena, as well as the economic problems already covered by the Bill. As the noble Lord, Lord Carrington, stated, the amendment moves beyond global market changes to other triggers, such as extreme weather and disease. Like him, I do not believe that the extension should be used as an excuse for farmers to claim that they have been victims of circumstance, particularly if caused by their own inefficiency or incompetence. Like he does, I believe that it is very important that once a natural phenomenon event has been identified, intervention should be implemented without delay.

As other noble Lords have stated, the Minister said in Committee that this situation is already covered by current legislation, but I bear in mind the recent comments of my noble friend Lady McIntosh about the situation in North Yorkshire. I also ask the same question. I believe the amendment should be in the Bill.

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[Lord Thomas of Gresford (LD) [V]]

My Lords, these powers under Chapter 2 of Part 2 of the Bill make a declaration that exceptional market conditions which trigger financial assistance of a varying kind are to be exercised by the English Minister by way of regulations made under the negative procedure. That means that they will escape extensive parliamentary scrutiny, as we are well aware.

The sort of market conditions that Clause 18 has in mind is where there is a severe disturbance or a threat of such disturbance to agricultural markets that would have such a significantly adverse effect on producers in England as to constitute exceptional market conditions. That is to be judged by the limited criterion of the prices farmers receive for the sale of their agricultural produce. It is made clear in the Explanatory Notes that the devolved Administrations in Wales and Scotland have the ability, under their devolved powers, to make similar arrangements within their own jurisdictions. The noble Baronesses, Lady Ritchie of Downpatrick and Lady Bennett, have outlined the unsatisfactory position in Northern Ireland, and I support their call for clarity. However, I suppose that that is the reason it is thought these clauses do not require legislative consent from the Welsh Senedd or the Scottish Parliament —let them do their own thing.

But of course, if exceptional market conditions exist in England, they are bound to have an effect, certainly in the borders of Wales that I know best. I recall that Welshpool was once the largest market for sheep in Europe, but there are equally strong markets in both Oswestry and Shrewsbury, and what happens in one affects the others. I remember that when I was chair of Marcher Sound, broadcasting to north Wales and Cheshire, our farming report every morning at six o’clock broadcast the price of hoggets in markets on both sides of the border. This was vital early intelligence as I headed for the London train.

It seems common sense that introducing financial assistance to English farmers under Chapter 2 would have a vital effect on prices and risk unfair competition. Moreover, agriculture is a significant part of both the Welsh and Scottish economies, as the noble Lord, Lord Bruce of Bennachie, pointed out. Surely decisions of this nature should be subject to consultation with, and consent by, the devolved nations. I have no knowledge of the markets of Carlisle and Berwick, but I have no doubt that there would be serious financial implications for those agricultural markets, and equally for those in Northern Ireland.

It may be suggested that exceptional market conditions could be so exceptional that an English Secretary of State would have to move quickly with no time for consultation, but surely he would move and should move in step with the devolved Administrations, and certainly not with any of the belligerence to which my noble friend Lady Humphreys referred.

The Minister will recall that, at the Second Reading and Committee stages of this Bill, I raised the issue of internal markets and price stability, not knowing that the now infamous Internal Market Bill was about to be unveiled to the world. Did the devolved Administrations know of the contents of that Bill? Their alarmed reaction demonstrates that they did not. It is a Bill that is perceived to be a unilateral grab at former EU powers which ought to be directed immediately to the devolved Administrations, and I promise that I will not even mention the attack on the rule of law.

The Government sometimes tell us that we have already left the EU, so get over it. Well, devolution is a fact of 20 years’ standing, and it is about time that the Government understood that one of its main implications is the need for consultation and consent. There is a limit to the extent to which lack of time can be pushed when there is no consultation. As the whole country knows, the reason for the rush and haste and us being here until midnight discussing this Bill is due to the hazard which this Government chose to construct for themselves. I support Amendments 60 and 92 in this group, and I look forward to the Minister’s response.

[Baroness McIntosh of Pickering (Con)]

I should like to speak to Amendment 109 in this group and I congratulate the noble Baroness, Lady Ritchie of Downpatrick, on bringing this point to the attention of the House. This part of the Bill, which concerns the devolved nations, is a particularly grey area as regards how it is to be administered. The noble Baroness and the authors of other amendments in this group have done the House a service by throwing light on these issues. I had hoped to put my name to Amendment 109, but I was not surprised to see how much support the noble Baroness, Lady Ritchie, has had.

I want to pay tribute to the noble Baroness’s work in this regard. She is a former Member of and was a Minister in the Northern Ireland Assembly and she was a great support to me in the Select Committee on Environment, Food and Rural Affairs in the other place. Rather unnervingly, she was always in her seat before I took my place, which is a little disconcerting when you are chairing a committee. I am sure that she will play a prominent and active role in the new Select Committee on Common Frameworks Scrutiny, to which she has just been appointed, and I congratulate her on that.

I hope that my noble friend the Minister will have regard to the concerns that have been raised in this group of amendments. He and I have had conversations before on the common frameworks and what progress has been made on them, so I will pay close attention to his response. Once again, I thank the noble Baroness, Lady Ritchie, for bringing forward her amendment in this group.

[Lord Alderdice (LD) [V]]

My Lords, I am delighted to support the noble Baroness, Lady Ritchie of Downpatrick, along with other noble Lords, in Amendment 109. As usual, she has set out the arguments clearly and in substantial detail, and I do not intend to rehearse what she has already said. However, on 23 July, I made a number of points when we were discussing a similar approach to these things in Committee. I want to repeat some of those and add to them because the situation has changed and developed in a very unhelpful way.

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Moved by

[Baroness McIntosh of Pickering]

61: Clause 27, page 22, line 4, leave out “may” and insert “must”
Member’s explanatory statement
This amendment requires the Government to provide regulations for fair dealing obligations of business purchasers of agricultural products.

[Baroness McIntosh of Pickering (Con)]

My Lords, I rise in the absence of, and at his request and with his permission, the noble Lord, Lord Empey, who has been unavoidably called away and sends his apologies. His two amendments refer to Clause 27. They are minor amendments but would have significant consequences.

The clause relates to fair dealing obligations of business purchasers of agricultural products and enables the Secretary of State to make regulations in respect of them. The regulations may be sector specific or in general terms. As we learn from the Bill’s Explanatory Notes, the Bill provides the Secretary of State with the power

“to make regulations to introduce obligations that promote fair contractual relationships between primary producers, producer organisations, associations of producer organisations, produce aggregators and the business purchasers of their products.”

Obviously, there is a great desire for fairness and for protection from unfair trading practices.

At the kernel of the two amendments from the noble Lord, Lord Empey, is a wish to ensure a better relationship between the processors, the supermarkets and primary producers. I am sure that this is a concept with which all noble Lords agree. Rather than press his amendments at this stage, he seeks to ensure that we enable primary producers to make the investments they wish to make to meet the new responsibilities they face as set out in Clause 27.

The noble Lord, Lord Empey, went to great pains to state, and I am sure that he has reassured my noble friend the Minister of it, that rather than press the amendments to a vote at this stage, he is grateful for the opportunity to set out the views expressed in them and seeks an early meeting with the Minister if it would be possible. I beg to move.

[Baroness Scott of Needham Market (LD) [V]]

My Lords, I had an exchange of emails yesterday with the noble Lord, Lord Empey, to make sure that I understood his amendments correctly. He basically put it to me that he wishes to place an obligation on government rather than for it to have a discretion, which is as the Bill is drafted, to make regulations on fair dealing. I have told him that I support the fair dealing provisions in the Bill—I said so in Committee—particularly with regard to food waste, which is often in effect forced on farmers, making them less competitive and environmentally more wasteful, by the requirements of supermarkets, which I do not think is fair dealing. I am all in favour of that, but I am less convinced about the placing of such an obligation on Ministers. However, these issues can be well discussed in the next set of amendments, about the role of the Groceries Code Adjudicator.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I am grateful to my noble friend Lady McIntosh for introducing this amendment on behalf of the noble Lord, Lord Empey. I confirm that my noble friend Lord Gardiner has agreed to meet the noble Lord, Lord Empey, at the earliest opportunity.

There is no doubt that the Government will use these powers. The introduction of fair dealing obligations is vital in the creation of a more equitable supply chain. This is a point on which there is wide agreement. However, the Government believe it is equally important that these obligations are appropriate and proportionate and produce the right outcomes.

To ensure this, the Government intend to consult industry before regulations are made, to ensure that they are properly tailored for the issues at hand. In this regard, a UK-wide consultation exploring contractual issues in the dairy sector has recently been concluded. The consultation invited a broad range of views about future regulations, asking specific questions about various issues. Some of these issues, such as contractual exclusivity, are almost unique to the dairy sector. The Government intend to repeat this approach for any future exercise of the powers in Clause 27, allowing the views from industry and other stakeholders, often about very detailed sector-specific issues, to inform final decisions.

The introduction of blanket obligations across the whole of UK agriculture would hinder the ability to reflect the specific nuances of each sector and potentially fail to address the specific problems experienced by particular types of producer. Also, given that certain agricultural sectors are far better integrated than others, comprehensive obligations could ultimately lead to provisions being introduced into sectors where they are simply not required.

I hope I have given sufficient reassurance and ask my noble friend to withdraw the amendment on behalf of the noble Lord, Lord Empey.

[Baroness McIntosh of Pickering (Con)]

I am most grateful to those who have contributed to this debate and am sure the noble Lord, Lord Empey, is grateful for the opportunity to have put forward his views and the sentiments described in these two amendments.

My noble friend is absolutely right that the consultation with the interested parties that has just concluded will be crucial in the development and implementation of the regulations. It would be helpful to have confirmation that these responses will be available on the web so that we can look at them when it comes to implementing regulations before the House at that time.

At this moment, given the confirmation of a meeting with my noble friend Lord Gardiner, I am sure it is the wish of the noble Lord, Lord Empey, with the leave of the House, to withdraw the amendment.

Amendment 61 withdrawn.

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[Lord Grantchester (Lab)]

I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, the noble Lord, Lord Curry, and my noble friend Lord Whitty for adding their names to this amendment and to many of my following amendments, which introduce the office of the Groceries Code Adjudicator as the mechanism by which these fair dealing provisions under Clause 27 will be administered. At this stage I will mention that the noble Lord, Lord Curry, asked me to express his disappointment that he has had to leave tonight because of the late sitting of our proceedings; he cannot get home without leaving immediately. He would have liked to have been present to make his remarks on this important series of amendments to this clause.

I introduced these amendments in Committee as probing amendments to draw out from the Government how they expected to take these provisions forward. As with many features of this framework Bill, so much of the detail and the governance arrangements are not being made explicit in the Bill.

That these provisions have been recognised as needed and necessary to the better conduct of a fair market is something that the Government can be congratulated on. The debate in Committee underlined how effective the GCA Act has been in setting out and policing business practice in the GSCOP, which now regulates the behaviour of the retail industry, which must abide by it in its relationships with its direct suppliers. There was universal praise for Christine Tacon on how she, as the adjudicator, successfully encouraged effective change to become embedded down the supply chain.

In response, the Minister explained that his department, Defra, would be the lead department in delivering these obligations. The Government intended to commence these regulations agricultural sector by sector, starting with the dairy industry. This has already started, with a consultation on the operation of contracts that is drawing to a close next week, as I understand it, on 24 September—that is, three months after the opening of the consultation in June. However, I may be corrected, as on a previous amendment the noble Baroness the Minister said that it has already closed. That it is on the cusp of closing or has already closed is regrettable in that we are not able to deliberate on the consultation in our considerations on the Bill.

I table these amendments again to give the House a chance to debate these important provisions and reflect further on the Government’s approach. I state again that Clause 27 is a very bold and ambitious step that the Government have taken. I express concern that, although the groceries code has proved very effective in stabilising fair dealing provisions in the retail sector, difficulties remain regarding whether this was the appropriate mechanism to cover the whole of the supply chain: the service sector as well as the retail sector, the widespread diversity of food products in the supply chain and how they are delivered across many forms of enterprise and business practice.

The Government are undertaking a huge task and care must be taken, as a one-size-fits-all regulatory regime may not fit all in the appropriate manner. The problems and solutions in one sector and the relative merits in the behaviour of various participants may not be suitable to be applied across the board to all sectors, each with differing market imperatives, regarding how the various markets may be made to work more effectively. That there is an imbalance in negotiating power between the primary producer through the processing, manufacturing and product development supply chain and the end market is not in doubt.

I shall not press these amendments tonight, nor support other amendments, including Amendment 87 should it be pressed. The Government have set out on the task and already started a consultation with the dairy sector. As I set out in Committee, I was concerned that these provisions had a narrow focus on contracts. Indeed, Clause 27(1)(a) specifically addresses contracts. Fair dealing provisions should examine the business relationship in its widest implication and interpretations that encompass many various circumstances that arise in primary production. However, it must be recognised that a first step is being taken, and it is starting at a very pertinent point—the contract.

In the interval between Committee and Report over the Summer Recess, I spoke to many in the dairy sector, especially those at the foot of the supply chain—the dairy farmer and his or her processor. I can tell the Minister that the department’s consultation has been widely promoted among the many sections of the industry: the farmer, the producer group representing the farmer’s suppliers, and the processing industry. Many have shared their submissions with me, and I am sure that the Minister’s department will receive a widespread response. Here and now is perhaps not the place to debate this further; I will add merely that the voluntary code of practice—VCOP—in contracts, introduced in 2012, has proved ineffective in improving fairness and transparency on a wider scale and, as has been experienced during this pandemic, urgency is needed to tackle the problem more extensively and in a comprehensive fashion.

I also note that this is a widespread problem throughout the industry that now extends across borders, with the overseas ownership structure covering the dairy industry in both the UK and Europe. The EU is also pressing on with its solutions, through directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chains. Can the Minister make any comment, even though the consultation has barely closed, on the progress of the consultation, concerning the numbers, extent and general features beginning to become clear? Even in the immediacy of the lockdown, the retail relationship with the supply chain is today much better than it has been, due to the activities of the Groceries Code Adjudicator.

Will the department be separating out submissions from the retail sector and the service sector from this consultation? The consultation does not mention the wider farmer-processor relationship with the ongoing supply chain, and specifically with the retailer. Will the Minister give a commitment that further inquiries will be conducted as the submissions are considered? It may prove difficult to make immediate recommendations. Reflecting across other sectors in the industry, can the Minister give any indication as to when further consultations will be progressed? Which sector has the department next in mind? Furthermore, how might the various sectors combine to find comprehensive answers to this very difficult problem of fair dealing in the industry, a problem that is now being tackled by the Bill? I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Grantchester, and the co-signatories for bringing forward Amendment 63 and others in this little group. Amendment 67, in my name and that of the noble Baroness, Lady Ritchie of Downpatrick—I thank her for supporting this amendment —seeks to achieve precisely the same ends. I join with the noble Lord, Lord Grantchester, in expressing regret that the noble Lord, Lord Curry, is not able to speak to this group, but I entirely understand the circumstances in which he felt he had to head north.

Again like the noble Lord, Lord Grantchester, I pay tribute to the Groceries Code Adjudicator, who has done a sterling job in regulating the relationships between the major retailers and direct suppliers. I was most grateful to have the opportunity to discuss this amendment with my noble friend the Minister, who I understand may be able to signify some movement in this regard. I look forward to that with great interest.

I hope that the Government are minded to widen the remit to cover the gap that needs to be plugged by including the indirect supply chain, such as dairy, which is currently excluded from the process. For dairy producers and fruit growers, many of whom are quite small in size, it is extremely difficult to bring a complaint to the Groceries Code Adjudicator. That is why I am very keen—and it is something that we concluded some seven or eight years ago on the Environment, Food and Rural Affairs Select Committee next door—that it should be incumbent on the Groceries Code Adjudicator to bring forward, on her initiative, investigations in this regard. The indirect supply chain, as well as the direct, is extremely important for these small suppliers, and things do sometimes go awry. We should not be entirely reliant on complaints from small producers and growers who can too easily be identified and may, as a result, lose their contract, livelihood and mainstay of their income.

I very much support the Groceries Code Adjudicator taking over this role. I understand the difficulties, as she reports to a different department. If there has been some movement and my noble friend is able to see a way forward in this regard, I think it would be very welcome to the House.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I support this suite of amendments. As the noble Baroness, Lady McIntosh of Pickering, has said, I was quite happy to add my name to her Amendment 67 but, in fact, all these amendments as elucidated by the noble Lord, Lord Grantchester, clearly seek to achieve the same ends, namely to widen the remit of the Groceries Code Adjudicator in the indirect supply chain, to benefit those in the dairy industry and fruit growers’ association.

I pay tribute to the outgoing Groceries Code Adjudicator, Christine Tacon, and welcome the new person to that role. It is interesting that there was a review published on 16 July this year into the role of the Groceries Code Adjudicator, which found that:

“The overall evidence from the review also suggested there is still a need for”


such an organisation and such a person,

“to ensure retailers comply with the requirements of the Groceries Code.”

Some responses to the review indicated that some suppliers are still reluctant to raise issues with the Groceries Code Adjudicator. The Government recognise in the report the steps that the current Groceries Code Adjudicator has taken to encourage suppliers to raise issues and make the commitment to work with the next Groceries Code Adjudicator—the new person in that job—and the retailers directly.

Since the Groceries Code Adjudicator is the independent regulator ensuring that regulated retailers treat their direct suppliers lawfully and fairly, it would be good at this stage if the Minister could show us a certain direction of reflection in his thinking in respect of the amendments in this group, which seek to widen the remit of the role to cover the indirect suppliers and to ensure that there are greater levels of regulation.

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[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

I call the next speaker, the noble Baroness, Lady Bennett of Manor Castle. The noble Baroness is not here, so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am most grateful to the noble Lord, Lord Wigley, and my noble friend the Duke of Montrose, for introducing their respective amendments. These two amendments refer back to comments that I made earlier about the status of the common framework agreements. It is very clear at this time that this is a fuzzy area and it is not quite clear what the status of the common framework agreements is—and yet, in the very specific circumstances that both noble Lords speaking to Amendments 68 and 68A referred to, time is pressing on and we need to know how the different Administrations across the United Kingdom will administer this part of the Bill.

My question to the Minister is: what is the status of the common frameworks at this time? I understand that they have been reduced to 21, but obviously the process is ongoing. It would be helpful to know whether this level of detail has been reached in the current negotiations and how circumstances referred to in Amendments 68 and 68A can be avoided if at all possible.

[Lord Rooker (Lab) [V]]

My Lords, I avoided devolved issues in Committee and was seeking to avoid them on Report, but I want to come in to support the noble Lord, Lord Wigley.

I have a couple of points to make. One is a general one, and it is no reflection whatever on the Ministers on the Front Bench: the Government do not do devolution. My experience of that comes from 2010 to 2013, some years ago now, when I was chair of the Food Standards Agency and the coalition Government came in. It was quite clear that there was a major problem with their attitude towards devolution, and I think that has carried on. I realise that there are relations between Ministers and they talk to each other, but the government machine does not do devolution.

My more specific point is that I plead guilty on two issues, really. The Agriculture and Horticulture Development Board was one of my babies when I went back to MAFF, or Defra, in 2006. The merger of the six levy boards was done under my watch. Of course, I realised at the time that I was the English farming Minister, not the Great Britain farming Minister, and the issue applied only to England. Furthermore, before that—this shows, I freely admit, that as the years go by I get a bit out of date, and I have had a year when I have not been on the ball, as it were—the cattle tracing service for passports and birth information, located in Workington at the time, was a UK-wide body; indeed, we recruited Welsh speakers. It could be that that has been taken apart and is no longer there, but the fundamental issue behind all this is traceability.

One reason we do it is self-interest, but the reason we were forced to do it by the European Union, as it does elsewhere, is so that we know what animal has been where if a disease breaks out. The issue should not be one of a dispute between devolved Administrations not being able to access the information; it is absolutely fundamental that the traceability of animals, their movements, the feed they have had and other matters is available if an animal disease breaks out—I hope that it does not happen but we have to prepare for the worst—particularly where there is a transfer to humans, or indeed if it is widely spread to other animals because they move around the country, as has just been said, east, west, north and south, and that leads to real problems.

So, first, I fundamentally doubt that the Government really do devolution. Secondly, in an area like this, Clause 32 is quite specific that the Government are in fact taking on board UK-wide information; indeed, relating to Scotland as well. The Minister is going to have to explain exactly what the detail is in terms of the devolved Administrations and how traceability—and the way we need it to operate in an emergency, because it is always an emergency when you actually need it—will actually function.

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[Baroness Rock (Con) [V]]

My Lords, I declare my interest as a director of Wrackleford Farms Ltd, a tenant farming enterprise. I shall speak to Amendments 81, 82, 83, 85 and 86, which stand in my name. I am grateful for the support of the noble Baroness, Lady Bakewell of Hardington Mandeville, for these amendments. I shall also speak to Amendments 69 and 89 in the name of the noble Earl, Lord Devon, Amendment 84 in the name of the noble Lord, Lord Wigley, and Amendments 87 and 88 in the name of my noble friend Lady McIntosh of Pickering.

In speaking to my Amendment 81, I speak also to Amendment 84 in the name of the noble Lord, Lord Wigley, which will achieve the same outcome for Wales prior to it coming forward with its own legislation, as this amendment envisages for England. This amendment is a straightforward change to require the Government to come forward with the necessary regulations to allow an agricultural tenant to refer to dispute resolution an unreasonable refusal from a landlord following a request made by the tenant to join a scheme developed under the provisions for financial assistance.

While the Government may give an assurance that they will use the power available in this part of the Bill to bring forward the necessary regulations, there is no reason why the Government should not commit to doing so in the Bill. Tenant farmers are rightly concerned about their ability to access new public payments for public good schemes in light of their tenancy agreements and some of the restrictive clauses which they contain. Tenants must be given the assurance that they will be able to enter new schemes without the landlord being able to unreasonably withhold consent. The change which this amendment will make is entirely in line with the Government’s policy and should not cause any issue for them but at the same time it would give a tremendous boost of assurance to tenant farmers who are looking at the possibility of taking part in new schemes as they develop.

Sadly, there are circumstances where landlords refuse consent on an unreasonable basis for their tenants to enter schemes. Although it may be considered prudent for landlords to allow their tenants to remain profitable, it can sometimes be the case that landlords seek to use the leverage involved in having to give their consent to make unreasonable demands of their tenants, including surrendering secure tenancies in favour of insecure farm business tenancies, seeking the surrender of land, buildings or dwellings or merely to make the life of the tenant difficult. Having said that, there are, of course, plenty of examples where relationships between landlords and tenants are very good and where the changes being envisaged by this amendment would not be a risk to those good relationships or undermine what the parties are trying to achieve in those circumstances.

Amendment 82 closes a potential loophole in the provisions of the Bill around gaining the consent of the landlord, which is required to be obtained by the tenant in entering a financial assistance scheme. The Bill contains a relatively narrow set of criteria which need to be in place before the tenant has recourse to potential dispute resolution for an unreasonable refusal of consent to join a financial assistance scheme. The Bill envisages providing the tenant only with the option to object where the tenancy agreement or legislation governing the relationship between the landlord and the tenant restricts the tenant’s ability to participate without the landlord’s consent. However, there may be individual requirements set out within the financial assistance schemes which require tenants to seek the landlord’s consent. It may be because of the nature of specific land use changes envisaged by schemes being considered by tenants. Currently, that situation would not be covered by the provision in the Bill, and the amendment seeks to address that by ensuring that all refusals by a landlord can be referred by the tenant to dispute resolution on the grounds of reasonableness.

The Government may say that they will ensure to address this point in the way in which they design schemes, and I have some sympathy with that, but it would be better to have the provisions in the Bill rather than have to rely on individual schemes having their own appeal mechanism.

Amendment 83 would address specific issues around unreasonable restrictions within tenancy agreements which prevent farm tenants investing in their holdings to carry out activities or improvements which assist with the productivity or sustainability of the holding. This could include using the holding for non-agricultural activities which are in keeping with and complementary to its agricultural uses, which many farms want to do and which adds much-needed financial stability to those holdings.

Many tenants will have agreements which require them to seek their landlord’s consent for the installation of new fixed equipment or to carry out new activities where the requirement for the landlord’s consent is absolute. In these circumstances, there is no recourse for the tenant, who feels aggrieved by a refusal from the landlord. In that it is a point of public policy that farming should become both more productive and more sustainable, it would be an error not to allow tenants the same ability to fulfil those objectives as others. Of course, reasonable landlords will give reasonable consent for activities which improve the productive capacity of the holding and/or its sustainability, but, sadly, there are situations where such consent is not forthcoming. This is mostly because landlords are seeking to extract other concessions from their tenants, as I have set out previously. This amendment does not seek to provide a carte blanche ability for tenants to avoid reasonable clauses within their tenancy agreements, but it would provide the opportunity for them to appeal against an unreasonable refusal from their landlord. Indeed, this suggestion formed part of the recommendations of the Tenancy Reform Industry Group in its report to Defra in October 2017.

Amendments 85 and 86 would enhance the franchise of individuals who are able to apply for succession of tenancy for the limited number of Agricultural Holdings Act 1986 tenancies which continue to have rights of succession. Where those rights of succession apply, a narrow list of close relatives are able to apply to be considered to be eligible to take on succession tenancy. Up to three generations of members of the family can be tenants of the same holding. The current franchise includes husbands, wives, civil partners, sons, daughters, individuals brought up in farm families and treated as children of a marriage or civil partnership, and brothers and sisters of the deceased or retiring tenant. However, crucially, the list of potential successors does not include the grandchild, the nephew or the niece of the deceased or retiring tenant, nor does it include children from a cohabiting partner of the deceased or retiring tenant. The amendment seeks merely to correct for those omissions. This is also an issue that was considered by the Tenancy Reform Industry Group. It is often the case that the most appropriate successor in a family business is not to be found in the immediate generation but in the next, and there is no reason to deny the ability for the tenancy to be passed to those individuals should they also be able to meet the other eligibility criteria.

I strongly support Amendment 87 in the name of my noble friend Lady McIntosh of Pickering, as it seeks to provide a framework for encouraging longer-term farm business tenancies. As the noble Earl, Lord Devon, raised, the average length of FBTs is under four years. With 90% of all tenancies let for five years or less, this is a crucial issue. I look forward to hearing what the Government plan to do about it and ask that consideration be given also to the taxation environment within which landlords make decisions about farm tenancy letting, as has been proposed by the Tenant Farmers Association.

Amendment 88 in the name of my noble friend Lady McIntosh of Pickering is crucial to this legislation. FBT tenants should not be left out of the possibility of objecting to their landlord’s refusal to allow them to enter into a financial assistance scheme. Should my noble friend push this matter to a vote, I would certainly vote in favour of the amendment, as it closes a dangerous loophole for nearly half the tenanted sector of agriculture.

Finally, I turn to Amendments 69 and 89 in the name of the noble Earl, Lord Devon. I cannot support the removal of the tenancy provisions in the Bill that those amendments would achieve. However, I understand and fully agree with his view that we urgently need a specific Bill covering agricultural tenancies. It could pick up on many of the issues already recommended by the Tenancy Reform Industry Group. I urge my noble friend the Minister to give an assurance that an agricultural tenancies Bill will be brought before this House in the not too distant future.

I know that my noble friend the Minister is very supportive of the tenanted sector and highlights its importance to the whole agricultural industry. I thank him particularly for his empathetic engagement on this. It is therefore right that new legislation, providing security and stability to the tenanted sector, should be brought before the House. Although I am minded to test the will of the House on my amendments, I will listen carefully to what the Minister says before making my final decision.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow my noble friend Lady Rock and thank her for her staunch and eloquent support for Amendments 87 and 88. Perhaps I may briefly address Amendments 69 and 89, in the name of the noble Earl, Lord Devon. I have great difficulty with them because they would remove from the Bill all provisions relating to agricultural tenancies. That would be a very regrettable move. However, I support Amendment 84 in the name of the noble Lord, Lord Wigley, which is a mirror image of the amendments standing in my name.

I will address my remarks primarily to Amendments 87 and 88. Clearly, as I say in my explanatory statement, Amendment 87 would seek to

“bring into effect a legislative change proposed in the tenancy reform consultation carried out by DEFRA and the Welsh Government, which has not been covered by the Bill, to encourage landlords to let longer Farm Business Tenancies.”

I would like to draw out some of the comments made by my noble friend Lady Rock in speaking to her amendments as passionately and eloquently as she did. I am minded to press Amendment 88 to a vote, not on my behalf but on behalf of all the agricultural tenants for whom, I know, this is close to their hearts.

I have had cause to raise this issue at previous stages of the Bill and I feel passionately about it. I grew up in a part of the world—Teesdale, in the Pennines in the north of England—where the farm incomes are among the lowest in the land. The farmers there probably survive only because their wives go out not just to help on the farm in all weathers, particularly at lambing time. In normal circumstances, outside Covid, they also go out and try to earn a living to keep the family afloat.

The basis of Amendment 88 is very simple. It is to put the tenants’ agreements under the Agricultural Tenancies Act 1995 on exactly the same basis as under the Agricultural Holdings Act 1986. My noble friend Lady Rock referred clearly to the devastating effects of moving from a secure tenancy agreement to an insecure tenancy, which do not bear thinking about in the present climate. Tenant farming is the bedrock of this country; it is almost unique to the English countryside. I remember so clearly from my years as a Member of the European Parliament how we stand out as one of the few areas of Europe with such a well-developed system of tenancies.

What I find so heartbreaking about the current situation is that the two Acts have not yet been brought together. To me, the provisions covering tenants under them should be absolutely as one. This is a highly regrettable situation. To be fair, my noble friend the Minister tried to go to some pains to put my mind at rest in Committee. Yet I find myself tabling the same amendment on Report, and potentially putting it to a vote, because I have not had satisfaction on this point.

I believe I am here as a voice for those people who cannot be represented otherwise than through our good selves in this House. I urge my noble friend to consider any reason why the tenancies under the two Acts cannot be treated in exactly the same way. It would be grossly unfair if any tenants’ possible access to financial assistance could be refused at the whim of a landlord. I accept there are good tenants and bad tenants; there are good landlords and bad landlords. But we have to look at the worst-case scenario.

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Curry of Kirkharle, has withdrawn, so I now call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank and congratulate the noble Baroness, Lady Jones of Whitchurch, and those noble Lords who have added their names to this amendment, on bringing it forward again.

I would be interested to know from my noble friend the Minister what share of the workforce agricultural workers make up. My impression is that their numbers have declined quite steeply in recent times. If that is the case, there is a strong argument for hoping to maintain a sustainable agricultural industry workforce. Clearly, many smaller farms are relying expressly on family members, but we are hoping to rely on SAWS—the seasonal agricultural workers scheme—to help farmers and growers. I believe that the numbers are increasing, and they will make a big contribution.

I have a question that I would like to put to my noble friend, which I think was raised in Committee, although I do not recall the answer. Subsection 1(c) of the new clause proposed by Amendment 70 refers to ensuring that

“agricultural workers have sufficient access to … financial advice”.

The number of providers of such advice is quite large already; I do not know whether the noble Baroness is thinking of a new source. In our earlier debates on the Bill’s provisions, we discussed the proposal that financial advice be provided to those applying for the scheme. Under the new scheme, what financial advice will be available to ensure a sustainable workforce? Am I right in thinking that agricultural societies and charities might have a role to play in this regard, in guiding farmers to sources of income and providing advice for the workforce in this sector?

[Lord Rooker (Lab) [V]]

My Lords, this is an absolutely first-class proposed new clause. It is completely rounded in many ways.

I want to deal with the first part of the amendment, which relates to seasonal workers. Again, I plead guilty because I have some history here. I realise that it means seasonal workers, and not overseas workers, some of whom are permanent—indeed, in many of our meat plants and abattoirs, their occupations are permanent. Returning to seasonal workers, we have a problem. I plead guilty to the fact that when I was the Home Office immigration and nationality Minister in 2001-02, it crossed my desk that we had to abandon the seasonal workers scheme because we were getting ready for the accession of eight new EU members in 2004, where we would recruit openly, and it was always known that Romania and Bulgaria would be ready-made sources of agricultural workers.

The one thing about the previous scheme that was almost unique was that it was based, in a way, on higher education around the world. We had, I think, workers from over 100 countries who came to the UK on a seasonal basis. I was told at the Home Office, “The thing is, they all went back home.” That was the whole point. It was very much based on higher education—they had courses to go back to, but Britain probably benefited economically for much of their time here.

Now, we are leaving the EU and we have not done anything. It is no good the Home Office simply saying that we have to recruit British people. That has not worked this year, notwithstanding the problem with the virus, and it will not work next year either. Therefore, it is not about turning the clock back, but we need a professional, strategic seasonal workers scheme. In many ways, we are unique in the things that we grow, in our climate and in the difficulty of recruiting our own people on a seasonal basis. It used to be easy to do in my younger days, as I know—as an engineering apprentice, I picked fruit in Scotland.

The fact of the matter is that we had a scheme that worked. As I say, the only reason we abandoned it was in getting ready for the accession of eight new countries to the EU—but we are leaving the EU, are we not? The point is that it was not that seasonal with the eight new countries.

It is not easy, I know, having been at the Home Office in the years I mentioned. When I turned up at Defra in 2006-08, I was on the receiving end, and thought, “Oh dear me, I made a mistake there.” Even though we were recruiting lots, we were still in trouble with the flexibility on our farms. We have now reached a point where we ought to have such a scheme. The Home Office should not be concerned or worried about it. All the evidence shows that it was based on higher education. The students were flexible; they were in different academic years and came from around the world, so they fitted in quite well. As I say, they came from more than 100 countries—and they went back home. The Home Office seems to be obsessed with people coming to this country and staying here. That is not what the scheme was for.

Having made that point earlier, I do not wish to say anything else except that I agree very much with what my noble friend said about the work of the noble Lord, Lord Curry. I absolutely 100% support the thrust of this rounded amendment.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Lord, Lord Judd. I am full of admiration for the doughty campaigners who have tabled this little group of amendments, and I pay tribute to them. I support the comments of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71. It is misplaced and would open a can of worms if it were pressed.

I am grateful for the comments of my noble friend the Duke of Montrose, who is a hands-on farmer, which focused on animals for export. As I said in Committee, I have had first-hand experience of this issue. My noble friend Lady Hodgson of Abinger referred to Compassion in World Farming, an organisation that I first came across in about 1994. At that time, a mother and daughter ran that marvellous organisation with the support of Linda McCartney, bless her. They engaged a lot of students to come along to the port of Brightlingsea after their success in closing down the Port of Dover to live exports. Brightlingsea took all the remaining livestock due to go to the continent of Europe. As I mentioned in Committee—I shall not labour the point—I boarded the ferry and saw the disembarkation of the livestock, mostly sheep. They were happy and extremely comfortable. It was stress-free.

I pay tribute to the role of successive Governments and this Government in making sure that we have about the strictest animal welfare provisions across the European Union—my noble friend Lady Hodgson referred to this—and we have been in the vanguard of that. Everything that my noble friends are setting out to do in Amendment 72 has already been achieved. When he sums up, I am sure that the Minister will confirm that this will continue to be the case in retained legislation after the end of the transition period. We have reached an understanding through the Northern Ireland protocol, and I should be particularly alarmed if we sought to reopen that. Potentially, with all the amendments in this group, we could open a can of worms that would lead to major unintended consequences.

My noble friend the Duke of Montrose made a compelling point about the consequences of closing the abattoirs. More than 10 years ago, I was an MEP when the EU directive on abattoirs and slaughterhouses was made, and it was our gold-plating in this country that led at the time to their closure across the United Kingdom, with devastating consequences at the time of the foot and mouth outbreak because the livestock had to be transported for much longer distances than would otherwise have been the case.

I believe that we have reached a very good position under the rules that already pertain in the EU rules of animal movement. I would be very reluctant to see those reopened and, in any event, we are bound by the World Trade Organization rules that—I understand—prevent such a total ban on exports. I hope my noble friend will take the opportunity to confirm that this is the case. I pay tribute to the work that this Government, and successive Governments, have done to get us to this animal welfare state we have currently reached.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I congratulate the noble Baronesses, Lady Hodgson of Abinger and Lady Fookes, on tabling these amendments. I assure the noble Baroness, Lady Fookes, that she still thinks like a spring chicken, which is very admirable. I would support these amendments much more strongly if I did not absolutely abhor the whole concept of live animal exports. That we still do this absolutely sickens me, and it is way over time to stop this in its tracks and simply accept that it is inhumane.

However, one thing that annoys me, as somebody who voted for Brexit, is that this was one of the common examples we were given of what could be achieved outside the EU—the banning of live animal exports. These were the sort of promises made to people like me, compassionate Eurosceptics who wanted the freedom to create a better country. We certainly have not done that. Unfortunately, like most of the nice promises made by the Brexit campaign, restricting live animal exports seems to have gone in the bin in favour of the nasty stuff, like restricting immigration. We listen to the racists and we do not listen to the people who care about animals.

Your Lordships’ House really ought to think very hard about these ideas. I was swayed by the points of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71, but I do support Amendments 72 and 73 because they would make huge leaps forward in animal welfare, and end the needless suffering of long, stressful and painful journeys to slaughter. This is one of the many things that people voted for in supporting Brexit. It is the will of the people and should be delivered.