Agriculture Bill

Baroness McIntosh of Pickering Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

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

My Lords, I am happy to participate in this debate and would like to lend my support to the amendment in the name of the noble Lord, Lord Whitty.

There has been a lot of discussion over the last 40 years about the impact of pesticides on the human health of rural residents and on biodiversity, flora, fauna, insects and animals. Therefore, I am very much drawn to Amendment 78, which I believe is a crucial amendment, trying to protect human health from agricultural pesticides. Rural residents and communities across the UK continue to be adversely impacted by the cocktail of pesticides sprayed on crops in our localities, reporting various acute and chronic effects on health.

I am a rural dweller. I did not grow up on a farm but I am very conscious of the impact of those pesticides because I am an asthmatic. I have talked to many people whose health has been impacted by sheep dip, by Roundup and by the emergence of diseases that hitherto there was no family history of, and that they had not suffered from before. Exposure and risk for rural committees and residents are from the release of those cocktails of harmful agricultural pesticides into the air where people live and breathe because, once pesticides have been dispersed, their airborne droplets, particles and vapours are in the air irrespective of whether or not there is wind.

In that regard, I take note of the amendment from the noble Baroness, Lady Finlay of Llandaff. Vapour lift-off can occur days, weeks or months after any application, further exposing those living in the locality, and it has nothing to do with the wind. The Government’s stated position that pesticides are strictly regulated and that scientific assessment shows there are no risks to people and the environment, is simply not correct. Since 2009, EU and UK equivalent laws legally define rural residents living in a locality of pesticide-sprayed crops as a vulnerable group, recognised as having high pesticide exposure over the long term. Further, the risks of both acute and chronic effects of such exposure are again recognised in article 7 of the EU sustainable use directive. I hope that the Minister will see fit to accept this amendment. If not, I hope that the noble Lord, Lord Whitty, will press it to Division. It should be given statutory effect because rural populations are looking for this direction and this protection.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick.

I congratulate the authors of this interesting group of amendments on the thought and effort that they have put into them. As I am sure the noble Baroness, Lady Finlay of Llandaff, will realise, I have some concerns about her amendments, particularly regarding the drafting and how they might be interpreted; for example, the word “drifting” is open to interpretation. The noble Baroness herself highlighted some of the difficulties this group would have. It would be enormously helpful if the Minister could explain the current regulations when summing up. I am not totally familiar with this area but I understand that it is heavily regulated and that there is quite stringent provision in the current code of practice, which is operated by the Health and Safety Executive and was itself updated quite recently, I think in 2005.

I am also concerned about Amendment 78, which is loosely drafted. Subsection (1) includes the phrase,

“prohibiting the application of any pesticide … near”.

That seems very loosely drafted, so I would be interested to hear how the Minister thinks the provision could be implemented, were it to be passed today.

This is a good opportunity for the Minister to raise our awareness of previous research and commercial innovation relevant to air levels and other controls of pesticides. I am minded of the fact that a lot of work is going on, I think in Essex, breeding bugs that eat and destroy other bugs, which I presume would fall within the remit of Amendment 80 in the name of my noble friend Lord Dundee.

My concern is that, for the reasons set out by the noble Baroness, Lady Finlay, and the noble Lord, Lord Whitty, this area is already heavily regulated and the amendments could be very difficult to implement as drafted.

[Lord Campbell-Savours (Lab) [V]]

My Lords, because I do not want to detain the House, this is the only amendment that I am speaking on today.

I strongly support Amendment 79 and have personal reasons for doing so, so I need to tell a story. It is about the late Dr Bill Fakes, an old friend of mine, a former GP in my former Workington constituency who I met nearly 50 years ago. He was a brilliant man—yes, a bit eccentric, but that is often the case with gifted people. He was a biologist with an intense interest in entomology. He had been brought up in the Fenlands in the small rural community of Willingham. It was a market garden, an arable area, and with his love of nature he took a particular interest in the ditches and characteristics of the land where, with other children and friends, he would gather beetles and other insects, carefully logging their every characteristic. As a bright boy inspired by these activities as a child, he went on to study medicine at UCL in London, ultimately ending up in Workington as a young—yes, rather eccentric but brilliant—general practitioner.

In 1995 Dr Fakes was diagnosed with non-Hodgkin lymphoma and ended up, via West Cumberland Hospital, at the Royal Victoria Infirmary in Newcastle, where a fellow medic and consultant took a particular interest in his condition. What they were not to know at that stage was that a number of his relatives and friends were subsequently to be stricken down with similar or associated conditions. They included his sister, his mother and one of his best young friends, Brian Haddon, all within a few years of each other and all from within the vicinity of the Fakes’ home in the Fens.

Dr Fakes’ response was to research his condition in detail, taking up much of his own time. Part of the research was to arrange for his pituitary gland, I think it was, to be removed from his body on death and sent for autopsy assessment at a special unit in Glasgow. Bill Fakes had been assiduous in making these arrangements as he believed that such an assessment would expose the danger of underregulated spraying arrangements. However, somewhere along the line the gland disappeared and was lost, and all the preparation came to nothing. Dr Fakes was convinced that his condition and that of his family and friends related directly to the use of pesticides in the vicinity of buildings and installations to which the public had access next to his home. He wanted all deaths in pesticide spray areas to be reviewed with a view to amendments to legislation dealing with pesticides, which brings me to Amendment 78 in the name of my noble friend.

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[Lord Young of Norwood Green (Lab) [V]]

I first declare an interest as a member of the EU Energy and Environment Sub-Committee, which has done a lot of work on agriculture. I congratulate the noble Earl, Lord Dundee, on an excellent amendment. We certainly need to encourage new entrants and young farmers.

Looking at some statistics about farming apprenticeships, I was interested that they talked about a 2.7% growth in the industry as a whole and something like 137,000 people leaving the industry, so there are plenty of opportunities there. Is it currently easy for new entrants and young farmers? All the evidence we see is that you have to be very determined.

This is a really worthwhile amendment. It falls in line with our new approach to farming subsidies and the 25-year plan. It is a golden opportunity to put the emphasis, as it says, on sustainability and care of the environment. New young people coming into the industry will give it a fresh look; they are much better versed in the new technology. The point the noble Earl, Lord Dundee, made about housing is also important. We need to recognise that it is not enough just to create the opportunity; we also need to enable people to live near their place of work.

The other point I would like to emphasise is that there is, as we have heard in this debate, an awful lot of best practice out there and a lot of good farming going on. Finding the opportunity for those farmers to buddy up with new entrants to act as mentors would be really good.

The noble Earl, Lord Dundee, mentioned food security and fresh produce. In addition, there would likely be less food waste. Giving guidance to local authorities also seems a sensible part of this amendment. I welcome the amendment and give it my full support. I trust we will have a positive and constructive response from the Minister.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Lord, Lord Young of Norwood Green, with whom I have the privilege to sit on the EU Environment Sub-Committee. I have just two questions for my noble friend the Minister. I thank the noble Earl, Lord Dundee, for providing the opportunity to ask them in the context of Amendment 79.

What I find attractive about this amendment—and I hope my noble friend will agree—is that it is currently notoriously difficult for new entrants to penetrate national parks. Would my noble friend see some merit in an amendment along these lines to ease the restrictions, allowing new entrants to enter into agriculture, particularly in national parks such as the North York Moors National Park?

Another reason to find Amendment 79 attractive is subsection (a), which seeks

“to encourage the construction of affordable rural houses.”

It is often overlooked that one of the reasons it is extremely difficult for older farmers to retire and cease to actively farm is that there is nowhere for them to go. There are large houses and executive-style houses, but there is a lack of affordable homes with one or two bedrooms in rural areas. I have seen some in Hovingham, which are part of the Hovingham estate, and they are tastefully done, but I would hope that this could be more widespread. That is why I hope my noble friend will use an opportunity such as the wording of this amendment, perhaps in a more appropriate place than the Agriculture Bill, to ensure that there is a supply of affordable rural houses for those who wish to make way for younger members of the family to take over the farming commitment. We need somewhere for them to go.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Greaves, has withdrawn from this amendment, so the next speaker is the noble Lord, Lord Blunkett.

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Moved by

[Baroness McIntosh of Pickering]

88: Schedule 3, page 56, line 8, at end insert—
“Requests for landlord’s consent or variation of terms
30 Before section 28 insert—“27A Disputes relating to requests for landlord’s consent or variation of terms(1) The appropriate authority must by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—(a) the request falls within subsection (3), and(b) no agreement has been reached with the landlord on the request.(2) The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act. (3) A request falls within this subsection if—(a) it is a request for—(i) the landlord’s consent to a matter which under the terms of the tenancy requires such consent, or(ii) a variation of the terms of the tenancy, or(iii) the landlord’s consent to a matter which otherwise requires such consent,(b) it is made for the purposes of—(i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or(ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, or(iii) securing either or both of the full and efficient farming of the holding and an environmental improvement, and(c) it meets such other conditions (if any) as may be specified in the regulations.(4) The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—(a) to order the landlord to comply with the request (either in full or to the extent specified in the award or determination); or(b) to make any other award or determination permitted by the regulations.(5) The regulations may (among other things) make provision—(a) about conditions to be met before a reference may be made;(b) about matters which an arbitrator or third party is to take into account when considering a reference;(c) for regulating the conduct of arbitrations or third party determinations;(d) about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;(e) about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;(f) for restricting a tenant’s ability to make subsequent references to arbitration where a reference to arbitration or third party determination has already been made under the regulations in relation to the same tenancy.(6) The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i), conditions relating to the making of a successful application for assistance.(7) In this section—“appropriate authority” means—(a) in relation to England, the Secretary of State, and(b) in relation to Wales, the Welsh Ministers;“relevant financial assistance” means financial assistance under—(a) section 1 of the Agriculture Act 2020 (Secretary of State’s powers to give financial assistance),(b) section 19 of, or paragraph 7 of Schedule 5 to, that Act (exceptional market conditions: powers available to Secretary of State and Welsh Ministers),(c) a scheme of the sort mentioned in section 2(4) of that Act (third party schemes), or (d) a scheme of financial assistance in whatever form introduced by Welsh Ministers;“statutory duty” means a duty imposed by or under—(a) an Act of Parliament;(b) an Act or Measure of the National Assembly for Wales or Senedd Cymru; (c) retained direct EU legislation.””Member’s explanatory statement
This amendment provides the ability for farm tenants letting under the Agricultural Tenancies Act 1995 to object to a landlord’s refusal to enter into a specific financial assistance scheme in the same way as farm tenants letting under the Agricultural Holdings Act 1986.

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[Baroness Boycott (CB) [V]]

My Lords, I am pleased to follow the noble Lords, Lord Grantchester and Lord Krebs. I, too, thoroughly support the amendment. I apologise for my internet connection and hope that noble Lords can hear me.

Food is already in a mess, before we even contemplate lowering the standards that we have. For instance, we already know that chlorinated chicken is just the tip of the iceberg of bad food that comes into this country. I am greatly worried not just about the environmental impacts of cheap and bad food on the planet but also about its health implications. Bad food is the result of overconsumption and overproduction of processed, sugary foods, yet recently US negotiators have said that they were concerned that labelling food with high sugar content

“is not particularly useful in changing consumer behaviour”.

Anyone who has been involved in food politics knows that that is rubbish. It is like saying that labelling a packet of cigarettes as jolly good for your health is a way that will not help change consumer behaviour. This is completely contrary to over 20 years of UK policy to introduce clear, front-of-pack, traffic-light nutrition information to help shoppers easily identify which products are high in sugar, salt and fat. Reading any of the Government’s proposed new obesity strategies shows that this labelling is planned to be even clearer.

Across the world, labelling is already incredibly complicated. The industry likes it like that. It does not want things to be simple. However, there are people around the world trying to deal with this. For instance, the Health Minister in Chile recently decided that no cereal companies could use cartoons to sell their products, so Tony the Tiger disappeared, replaced by a black splodge. Children now tell their parents not to eat that cereal. If we do not set high standards, we will never be able to change things like this. We will not even be able to label sugar clearly.

I am also very worried about what will come into this country. Why on earth do we need more American biscuits? If you take a biscuit such as Tim Tams, a chocolate-covered cream biscuit, extremely like a Penguin, we will get this in spades and it will be cheaper than the Penguin, which already sells to 99.1% of households. Low-quality food is unhealthy food. It has usually meant deforestation in its production, terrible treatment of animals and, as I said the other day, there are over 60 billion of them; 80% of all living creatures on earth sit in cages waiting to be fed to us.

We have fought very hard for our high standards, and it seems quite extraordinary that at a moment of extreme crisis in health and the environment, we should even need to have this debate, let alone have the feeling that the Government might try to overrule it when this Bill goes back to the Commons. Even supermarkets are agreed that we cannot lower our standards. I listened the other day to Christiana Figueres say that we only have 10 years to get on top of the climate crisis, and that in 10 years we must cut our emissions by 50%. Food and agriculture contribute hugely to this, and if we do not have standards that look at the environmental impact, then quite frankly, we have not got a prayer. Next year, we are leading the COP. We should now be talking about achieving higher standards, not fighting to defend the ones that we already have.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Boycott, who is a leading light on the advisory panel of the Dimbleby report, which I will refer to shortly. I thank the noble Lord, Lord Grantchester, for moving the lead amendment in this group. I do not intend to repeat many of the comments that have been made; he has very eloquently addressed the issues of the amendments in the names of the noble Viscount, Lord Trenchard, and others, which purport to fall foul of the World Trade Organization.

I shall speak initially to Amendment 90, and thank the noble Baronesses, Lady Henig, Lady Ritchie of Downpatrick and Lady Jones of Moulsecoomb, who have been on this journey with a similar amendment in the original rollover trade Bill, on which we made a lot of progress. The noble Lord, Lord Purvis, rather annoyingly, got in before me by tabling the amendment that was carried. We will discuss that further in the context of the trade Bill.

As the noble Lord, Lord Grantchester, said when moving Amendment 89ZA, this is an issue that consumers and farmers care passionately about. It was front and centre of the Conservative manifesto—not that I saw that—which we want to build on with this amendment, to then adopt what was originally government policy in the rollover trade Bill. I will not refer to it, but it complements Amendment 97 which follows later.

The noble Lord, Lord Krebs, and others, referred to part 1 of the interim report by Henry Dimbleby—I almost called him a noble Lord—in the National Food Strategy. On page 7 he refers to

“grasping the once-in-a-lifetime opportunity to decide what kind of trading nation we want to be. The essence of sovereignty is freedom—including the freedom to uphold our own values and principles within the global marketplace. In negotiating our new trade deals, the Government must protect the high environmental and animal welfare standards of which our country is justly proud. It should also have the confidence to subject any prospective deals to independent scrutiny: a standard process in mature trading nations such as the United States, Australia and Canada. If we put the right mechanisms in place, we can ensure high food standards, protect the environment and be a champion of free trade.”

There we have it. We are taking back control. I applaud that in this sea change, for the first time in nigh-on 50 years, we will decide how we trade.

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[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

I call the noble Lord, Lord Inglewood. He is not responding so we will move to the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Lord, Lord Foulkes, who, as ever, spoke so entertainingly.

I shall speak to Amendment 92A, and I echo many of the sentiments expressed by its authors. This is a very vexed area. I recall only too well that when I was MP for what was then the Vale of York, Shepherds Purse Cheeses produced feta cheese that was clearly produced not in “feta land”—Greece—but in North Yorkshire. I think the case went as far as the European Court of Justice, and the upshot was that the company had no protection and had to abide by the EU rules. Imaginatively, the company changed the name of the cheese to Yorkshire fettle, which is a best seller and has won a number of awards. I am delighted that it continues to have success.

The serious point here is that, according to figures from the Food and Drink Federation, the three greatest exports from the UK are Scotch whisky, then Scottish salmon and, lower down the list, chocolates. So this is immensely important to Scotland, but also to North Yorkshire and the whole Yorkshire region. I pay tribute to the marketing facility that was originally Yorkshire Pantry but has been renamed Deliciously Yorkshire. Because of the food cluster in and around North Yorkshire—in fact, in the whole Yorkshire region—the protected geographical indication scheme is extremely important to them. I hope my noble friend will pull something out of the hat to make sure that if we are to have a UK geographical indication scheme, it will be recognised across the EU and the EEA at the very least.

[Lord Tyler (LD) [V]]

My Lords, I have listened with great interest to the noble Lord, Lord Holmes of Richmond, whose expertise in oenology is certainly far more tasteful than mine. I am devoted to the excellent products of the Camel Valley Vineyard in my erstwhile constituency, although when it comes to imports, my family are more broadminded. He has raised an extremely important point that does not just apply to these particular products and operators. What he described as “paper-based protectionism” has huge implications for a great many exporters and importers, and his point was very well made. I thought that at the end of the Committee debate on 23 July, the Minister had given him an undertaking that he would look at the issue of the VI-1 forms, and I am disappointed that the noble Lord, Lord Holmes, has not received a satisfactory solution to the problems he has identified.

I also find absolutely formidable the logic of the noble Baroness, Lady Neville-Rolfe. The regulations will be of huge practical significance to many British companies operating in this field, so an extensive and effective consultation is surely essential. I recall from my time on the DPRR Committee how often we were faced by the Government saying that something was urgent and expediency would be used as a short cut to prevent effective scrutiny. In this case, it could be used to prevent effective consultation. Again, the noble Baroness made an extremely important point that goes far beyond the powers being taken in this Bill.

However, my primary concern is to speak in support of proposed new clause proposed in Amendment 92A in the name of my noble and learned friend Lord Wallace of Tankerness. This is the fourth time that I have supported attempts to obtain a clear, unequivocal and totally realistic ministerial statement from the Government on the future protection of the 88 UK specialist food and drink products which are currently covered by the excellent EU Geographical Indications Scheme. This new clause seeks to secure equal protection for the traditional speciality food and drink products for which the UK is famous and which bring such economic benefits to particular areas.

Members in every part of the House have previously expressed admiration for the scheme, as the noble Baroness, Lady McIntosh, did just now, especially since it was extended as the result of an initiative by British Ministers during the coalition Government. A succession of Ministers has kept assuring us that the protection of these products can continue within the UK, but as my noble and learned friend Lord Wallace of Tankerness has emphasised, that is the not the principal issue in question at the moment.

During the Committee stage of the Trade Bill on 23 January last year, I asked the then Minister for trade for an explicit assurance that GI protection would continue on exactly the same terms—that is, outside the UK. I was told that an amendment was unnecessary because it would be secured. But in view of the vagueness of that promise, on 6 March 2019 I tabled an amendment to that Bill on Report and withdrew it only when a slightly firmer assurance was given. However, as my noble and learned friend has reminded your Lordships, during the Committee stage of this Bill and again today, there has been a series of apparently well-informed newspaper reports indicating an admission that the current failing negotiations are putting that future protection at risk. It appears that there is no guarantee that, in the words of our new clause, all of these products

“currently protected under the EU Geographical Indications Scheme are covered by exact equivalent international protection after 31 December 2020.”

Given the No. 10 briefing that a no-deal outcome is both likely and perfectly acceptable, and given, too, the current question marks that hover over the whole withdrawal agreement signed by the Prime Minister on 19 October 2019, what confidence can we have in Article 54.2, which purports to give some legitimacy to the continued cover for GI products? I am, of course, especially exercised by the threat to genuine Cornish pasties, clotted cream and sparkling wine, but my noble and learned friend and the noble Lord, Lord Foulkes, are rightly exercised by the effect on world-famous Scottish products. To add insult to injury, we are told that a Trump trade deal, which may now be elusive as a result of the threat to the Northern Ireland protocol, would require abandoning origin labelling, as referred to in a previous debate. From the point of view of consumers, that will make matters worse. This echoes the previous debate on standards that meet UK public expectations. We want to take back control.

At the conclusion of the debate in Committee on 23 July, the Minister, the noble Lord, Lord Gardiner of Kimble, could only assure us that

“the Government are determined to work in support of all the 88 geographical indications from the UK, which will remain protected after the end of the transition period”.—[Official Report, 23/7/20; col. 2465.]

What does the determination amount to if, as seems so very likely now, the UK Brexit negotiators fail to get a deal in the precious few weeks now remaining? What if the EU, understandably bruised by the bad faith of the retreat from the withdrawal agreement, simply removes the relevant entries after we have taken our leave and have no further say in the matter? This was implied as being quite possible in the Government’s response to the GI consultation paper, to which my noble and learned friend referred. Where does this leave these British products, hitherto protected by the EU scheme, when it comes to current and future EU trade treaties with third countries?

In Committee, the Minister claimed he had been very clear. Sadly, and very unusually for him, there is no such clarity. Much as we would all prefer a firm assurance, it would be better to hear an honest assessment from the noble Baroness this evening that the Government cannot now be absolutely sure that long-term, precise and exact equivalence is guaranteed. Then, all concerned would know exactly where they stand.

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[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, in moving Amendment 92B, for which I have the welcome support of the noble Baroness, Lady McIntosh of Pickering—it is nice to get the support of a Scots advocate for this amendment—I will speak briefly about a matter I raised in Committee relating to Clause 40. It concerns powers for the Secretary of State

“to make regulations for securing compliance with WTO Agreement on Agriculture”.

As presently drafted, there is no requirement in the Bill for the Secretary of State to consult any parties prior to making regulations under this clause. The purpose of this amendment is to impose a requirement on the Secretary of State to consult relevant stakeholders if making regulations under this clause.

As I have highlighted on other aspects of the Bill and previously, it is important to provide an additional layer of scrutiny of the Government’s actions by stakeholders who have a direct interest and a relevant responsibility. This is particularly pertinent, with respect, given the Government’s lack of formal consultation during the ongoing trade negotiations and their seemingly taking action behind closed doors. Incidentally, I wonder what has happened to the joint ministerial committees, which were set up to ensure consultation between the UK Government and the devolved Parliaments and Governments.

The requirement I am seeking, to consult on intended regulations under this clause, will help to ensure openness and transparency and also ensure that any draft regulations are exposed to critical comment from stakeholders. That might actually improve the instrument. Perhaps the Government do not fully appreciate that such scrutiny is not always critical; it can be helpful.

Looking more widely at the WTO provision in the Bill, I understand that the Scottish Government intend to recommend that the Scottish Parliament withhold consent to amended provisions. While I understand that Scottish government officials are content with the amendment to Clause 42, it is almost irrelevant, as the Scottish Parliament’s consent to the whole of Part 6 of the Bill is required. With no more amendments to that part of the Bill, consent is likely to be withheld. Therefore, I ask the Minister whether the Government will now consult the Scottish Government to try to ensure that this consent is not withheld. It would be much better to go forward with agreement than with conflict. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I am delighted to support the noble Lord, Lord Foulkes. I point out for the benefit of the House that I am a non-practising member of the Faculty of Advocates. There is concern in some quarters, not least the Law Society of Scotland —as alluded to by the noble Lord—that there may be insufficient consultation of all the parties in this regard. I welcome the opportunity for my noble friend the Minister, in summing up this short debate, to address the role of the devolved Assemblies and, in this case, the Scottish Parliament in negotiating future trade deals. We will discuss Amendment 97 and others in that group, but the Bill is silent on the role of the devolved Assemblies and the extent to which they will be consulted and involved in drafting and negotiating these trade agreements. It behoves the Government to set out their plans at this stage.

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

My Lords, it seems to me that this interesting amendment bridges very nicely the gap between the last group and the next, because there was some discussion in the last group about the importance of consultation—albeit in a different context—and the next group is about the role of the devolved assemblies and parliaments. This one sits rather squarely in between.

From the point of view of our Benches, there are a couple of points we wish to make. First of all, it is increasingly becoming the case that delegated legislation is rushed and is not always particularly well drafted. I am a member of the Joint Committee on Statutory Instruments, and it is a weekly task to go through imperfectly drafted regulations. As the noble Lord, Lord Foulkes, said, it is much better to pick these things up earlier rather than later. Therefore, proper consultation and some almost pre-legislative scrutiny by the devolved assemblies could only be helpful.

We need to be clear about how serious it would be if the Government were using these powers. Many of the things we would all support and like about the WTO provisions do not cover agriculture at all, so with the possibility of high tariffs and the removal of quantitative restrictions, the impact on agriculture could be very serious indeed. Therefore, the involvement of the devolved parliaments and assemblies, both in preparing for it and hopefully mitigating some of this, would be important. I am definitely supportive of the principle behind this amendment and interested to hear what the Minister says.

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Moved by

[Baroness McIntosh of Pickering]

97: After Clause 42, insert the following new Clause—
“Trade and Agriculture Commission
(1) The Trade and Agriculture Commission must establish criteria for maintaining standards as high as, or higher than, standards applied within the United Kingdom at the time of import for agricultural goods imported under a trade agreement between the United Kingdom and any other state.(2) “Agricultural goods” under subsection (1) includes, but is not limited to, standards relating to—(a) animal welfare,(b) protection of the environment,(c) food safety, hygiene and traceability, and(d) plant health.(3) Her Majesty’s Government may not make any international trade agreement that contains provisions relating to the importation of agricultural and food products into the United Kingdom unless the Trade and Agriculture Commission has expressed in writing to the Secretary of State that it is satisfied the criteria under subsection (1) have been met in relation to the draft of the agreement.(4) The Trade and Agriculture Commission may submit recommendations to the Secretary of State for how the draft agreement could be revised in order to meet the criteria established under subsection (1).(5) Where the Trade and Agriculture Commission submit recommendations to the Secretary of State under subsection (4), the Secretary of State must—(a) respond in writing within 14 calendar days, and(b) lay the recommendations and response before Parliament.(6) The Trade and Agriculture Commission may appoint staff and advisers.(7) The Trade and Agriculture Commission may authorise staff to do anything required or authorised to be done by the Commission.”

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to introduce this group of amendments and speak to Amendment 97. I thank the co-signatories for their support: the noble Baronesses, Lady Ritchie of Downpatrick and Lady Henig, and my noble friend Lady Hodgson of Abinger.

I will speak briefly to other amendments in the group, but I would first like to set out how developments have taken place since we discussed an earlier version, Amendment 270, in Committee. The most significant development is that we now have a Trade and Agriculture Commission and it has met a couple of times.

The second development is the interim report, which has been published by Henry Dimbleby. Spoiler alert: I have carefully read Amendments 98 and 99 in the names of my noble friends Lord Trenchard and Lady Noakes, and want to dispense with them before I discuss Amendment 97 in depth. They are interesting: Amendment 98 is self-explanatory. However, along with Amendment 99, while they could be seen as fairly innocent or innocuous, they are not. In many cases they touch a raw nerve because this is a contested area of the World Trade Organization agreement. Amendment 99 refers to being

“consistent with the terms of the World Trade Organization Agreement”.

That poses problems for me. It would be far better if it read “considered to be consistent”. This is an issue on which the WTO rules are silent.

The Government clearly stated their commitment to animal welfare in their 2019 general election manifesto. Therefore, I would be surprised if the Minister supported that amendment. Amendments 97 and 101 are not deemed to be strict alternatives. They have been considered by the clerks in the Public Bill Office not to be inconsistent and not incompatible. It is almost a mirror image of Amendment 101, which I am sure those who have signed that amendment will speak to.

What I am calling for here is that we must establish criteria for maintaining standards as high or higher than those applying to imported agricultural goods. I then go on to set out what “agricultural goods” should cover, and obviously I have referred to

“animal welfare … protection of the environment … food safety, hygiene and traceability, and … plant health.”

That relates to Amendment 90 earlier.

The key paragraph in subsection (3) states that the

“Government may not make any international trade agreement that contains provisions relating to the importation of agricultural and food products into the United Kingdom unless the Trade and Agriculture Commission has expressed in writing to the Secretary of State that it is satisfied the criteria under subsection (1) have been met”.

The importance of this is that Parliament will have to decide a number of questions in the context of the Bill. Does Parliament want to have a Trade and Agriculture Commission which winds up its work at the end of December? If so, it would therefore not be permanent and its advice would not be binding, and it would not be a statutory authority, which is currently the case. Or does Parliament believe that there is a need for a permanent statutory body, operating independently of the Department for International Trade, with its own staff, offices and facilities, and whose advice would be binding on the Government, in the sense that they would have to give good reasons to Parliament as to why they did not follow the recommendations?

Subsection (4) of my amendment says that:

“The Trade and Agriculture Commission may submit recommendations to the Secretary of State for how the draft agreement could be revised in order to meet the criteria”


that I set out earlier. In subsection (5) it says that:

“Where the Trade and Agriculture Commission submit recommendations to the Secretary of State under subsection (4)”,


which I just referred to, the Secretary of State will have 14 calendar days to respond and then that response and the recommendations will be laid before Parliament. The key is that those recommendations and the report will be debated in the usual way—it will be for Parliament to decide whether it should be through the Select Committees in each House, most likely the new Select Committee on international treaties.

The reason I put in subsections (6) and (7) is that I would fervently like to see the Trade and Agriculture Commission be independent, have autonomy and operate apart from the Department for International Trade, so that the commission is independently staffed and its press releases are not written by the department, which currently appears to be the case. I have set out that:

“The Trade and Agriculture Commission may appoint staff and advisers … and … may authorise staff to do anything required or authorised to be done by the Commission.”


My understanding is that that is currently not the case.

I have drawn inspiration for this amendment from the Dimbleby report and his recommendations for government. I assume that as the Dimbleby report was requested by the Government, my noble friend the Minister and the Department for International Trade will draw on the report’s recommendations. On page 79, the report helpfully sets out that:

“The Government should give itself a statutory duty to commission an independent report on all proposed trade agreements, assessing their impact on: economic productivity; food safety and public health; the environment and climate change; society and labour; human rights; and animal welfare. This report would be presented alongside a Government response when any final trade treaty is laid before Parliament. Sufficient time must be guaranteed for the discussion of these documents in the House of Commons, the House of Lords, and by the relevant select committees.”


It goes on to say that any impact assessment should adopt a “holistic” approach; that it should be “independent”; that the impact assessment should be “performed by experts” and that this function “would be permanent”; and that parliamentary scrutiny would be set out on a “statutory basis”. That is what I have endeavoured to do in Amendment 97—no more, no less.

I am further indebted to other recommendations made in the Dimbleby report. On page 77, it helpfully sets out how trade agreements are scrutinised across the world. We are obviously most familiar with EU trade agreements where,

“The International Trade Committee of the European Parliament reports on the proposed agreement”.


The agreement then has to have the approval of the majority of the members of the European Parliament, and then it passes to the Council of Ministers

“for their agreement by qualified majority (55% majority representing 65% of the EU population).”

I put it to the House that we would not want a situation in which any scrutiny in this place or the other place was less than that which we currently enjoy for negotiating trade agreements through the European Parliament, as has been the case for as long as we have been a part of it. I will not rehearse this in detail, but every other major parliamentary legislator representing countries that we would hope to do trade deals with—Australia, Canada, New Zealand, the United States of America, Japan and Switzerland—all have some form of advanced parliamentary scrutiny, although none goes as far as a veto.

I prefer my Amendment 97 and would like to hear other voices in the debate before I decide whether to test the opinion of the House. It is for the House this evening, and for Parliament as a whole, to take a decision on whether we want to see the Trade and Agriculture Commission continue in its present form beyond the end of this year. I have tabled a similar amendment but calling for a different body—a permanent international trade commission, for the Trade Bill—and we will obviously consider that at a future date.

I am grateful for this opportunity to set out my stall. I hope that my amendment will find favour. With that, I beg to move.

Amendment 98 (to Amendment 97)

Moved by

--- Later in debate ---

Amendment 99 (to Amendment 97) not moved.

[Baroness McIntosh of Pickering (Con)]

I think we have had an excellent debate and I thank everyone who has contributed for their gracious remarks about all the amendments. Those who have spoken and who have put the amendments forward have gone to great lengths to consider the topic this evening and in Committee. Just to put my noble friend Lord Trenchard’s mind at rest—I am sure the Minister will confirm this—I cannot imagine for a minute that any Minister of the Crown serving Her Majesty’s Government would put anything forward that does not comply with World Trade Organization rules. We are, first and foremost, a nation that plays by the rules and abides by the rules and we have a good track record in that regard.

I would just like to express disappointment. I understand from the notes that came round that the Minister is prepared to answer a couple more questions if I raise them at this stage, and, if we are to vote on amendments tonight or at a later stage, I think this would be helpful to know. My noble friend listed again the bodies that look at food safety, but my concern is that we are continuing to confuse food standards and food safety. The noble Lord, Lord Trees, has done the House a great service this evening by pressing the Minister on which body will actually carry out the audits and inspections. I want to put that as a direct question to my noble friend, for the reasons the noble Lord, Lord Rooker, gave. If he is asking the Food Standards Agency to do this work, it is work that it already does when it is food coming in from third countries, as the EU and other countries will be when we have left.

--- Later in debate ---

[Lord Inglewood (Non-Afl) [V]]

My Lords, in my capacity as chairman of the Cumbria Local Enterprise Partnership and as a member of the Cumbria Leadership Board, I have recently been involved in debates about carbon in that county. One of the things that concerns me is the debate around emissions which, inevitably, is not quite as simple as one might expect at first blush.

It is clear, however, that any strategy has to begin with where we are now. It must also recognise that it is almost inevitable that those with some kind of an interest are inclined to engage in special pleading. In the case of agriculture, I know that farming contributes; I am a farmer, and I know that my farm does. However, farmers, including myself, have to react and deal with what may be the considerable and costly implications of the appropriate response. As has already been said by one of the Baroness Joneses, the first thing is to have agreed metrics, and then to use them impartially to map the journey into the future, based on the information they give us.

Business accounts are compiled with agreed metrics and standards to present a true picture of the underlying economic activity. The same must be true with carbon accounting. I fear I may sound like a cracked record but, once again, the economic implications and consequences of effecting change must not destroy the agricultural industry and other rural land uses. As the Financial Times pointed out last weekend, the economic future for much of the UK industries in these sectors looks pretty parlous.

In the case of rural land uses, a number of activities are natural carbon sinks and cleaners. Those responsible for the framework of the new world must give proper financial recognition for that. In many cases, what they are doing now is being done for nothing, both for the general benefit of the wider public and the financial advantage of the polluters. Were polluters to actually have to pay, it not only would be a major step towards reducing emissions elsewhere but would help underpin the rural economy, parts of which are pretty fragile and part of left-behind Britain. The short truth of the matter is that insolvent businesses cannot deliver a brave new world in rural Britain. Furthermore, if that happens, a great deal of what we have been considering over the past days and weeks will turn out to have been pure fantasy. It is as simple as that.

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome Amendment 100 and echo many of the sentiments in it, but pay regard to the role that farmers, landowners and the landscape have in reducing the challenge faced by climate change and helping to restore biodiversity, much of which has been discussed through the passage of the Bill.

There is a potential role for farmers in ELM schemes going forward. There is a lot more that the natural landscape can do, not least in areas such as national parks. I know that the North York Moors National Park is keen to play its role and is waiting to hear from the Government about how it can do that under the ELM scheme; in particular, what advice it can offer to farmers and rural businesses that can help. There will be opportunities to plant trees and to help carbon sequestration. Pasture-fed and grass-fed livestock will also help.

There are other opportunities in the Bill, which I hope my noble friend will explore in summing up this group of amendments. There are possibilities to adapt to and mitigate climate change. I always get excited about Slowing the Flow at Pickering and the possibility of rolling out other such schemes, working with nature to store water temporarily on the land. We must not lose sight of the fact that many farmers are small or tenant farmers. They do not own the land, so will not benefit from any of these schemes. I hope that my noble friend and the Government bear that in the back of their mind. The Bill already reflects a commitment that helps farmers to manage livestock in a way that mitigates and adapts to climate change. I welcome the opportunity provided by Amendment 100 to discuss those issues.

[Lord Judd (Lab) [V]]

My Lords, it really is quite obvious that this amendment is vital, and I congratulate my noble friend on having introduced it.

We talk a good deal about the impact of climate change on farming and all the difficulties and challenges that it presents, but we do not talk enough about the negative impact of farming on the climate and the acceleration of climate change that results from such negative realities. We also know that that need not be so and that a great deal can be done in farming at least to ameliorate the negative contribution but also to find ways of not contributing at all to the negative impact. From that standpoint, I believe it is essential that we have in place real and effective arrangements to measure and monitor changes in agricultural performance, habits and styles to meet the challenge that we are talking about.