South West Water: Brixham Contamination

Baroness McIntosh of Pickering Excerpts

Wednesday 22nd May 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

The noble Lord has some very impressive statistics on Scottish Water. I happen to be the beneficiary of Scottish Water because I live up there. It is not quite as rosy as he tells us, because one area on which we have made great progress in England has been storm overflows and monitoring and understanding exactly what is going into our river systems. If the noble Lord was to look at that area in Scotland, he would find it very deficient.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that the water companies play an important role as owners of agricultural land? It is extremely important that we get to the bottom of what caused this incident to ensure that tenant farmers know exactly what their position is concerning South West Water and the Brixham contamination, as well as other landowners.

[Lord Douglas-Miller (Con)]

I completely concur with my noble friend that it is critical that we get to the bottom of what has happened to have generated this outbreak of cryptosporidium. It is currently far too early to know the exact cause of the outbreak. South West Water is continuing its investigations to confirm the source of the contamination. The Drinking Water Inspectorate has initiated its investigation into the cause, extent and actions of the company and begun collecting evidence on site. I should point out that it is the Drinking Water Inspectorate which is taking the lead on this investigation.

Management of Hedgerows (England) Regulations 2024

Baroness McIntosh of Pickering Excerpts

Monday 20th May 2024 Grand Committee

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

My Lords, I declare my interests as set out in the register.

I am sure that many noble Lords will agree that hedgerows are precious features of our landscape, enriching our environment and wildlife. Many of our wild birds depend on them, including red-listed birds such as the linnet and the yellowhammer. Hedgerows also help food production by supporting pollinators, providing windbreaks and shelter, and protecting the soil. I am therefore pleased to bring before this Committee this statutory instrument, which proposes further to protect our hedgerows. The instrument establishes by legislation a common approach to managing hedgerows on agricultural land in England. It builds on the existing legal protections for some hedgerows, which will remain in place.

In proposing this legislation, we have listened to the views of many who cherish our hedgerows, including many farmers. I thank those who responded to our consultation on protecting hedgerows; their insights have enriched our understanding. We received almost 9,000 responses, which we have considered carefully. The responses showed how much hedgerows are valued. There was strong consensus from environmental and farming stakeholders alike that hedgerows should be protected in domestic law in a similar way to the previous hedgerow management rules provided by cross-compliance.

That is what this statutory instrument does. It aims to provide a familiar baseline for hedgerow management. We want to make sure that everyone knows what is expected and is supported to follow good practice. As a safeguard, we are also making sure that there are clear, proportionate consequences for the small minority who might choose to ignore it.

I know that these rules are simply a reasonable minimum which most farmers have been practising for many years. Farmers are the guardians of our hedgerows, protecting, planting and maintaining them for generations. I thank them for their continued efforts to help wildlife thrive on their farms, alongside food production. We trust them to continue to do the right thing. In fact, many are already going further than required by these regulations. We have seen strong uptake of options to manage and further improve hedgerows under our agri-environment schemes. I am delighted to report that there are already more than 20,000 agreements or applications in place, contributing to the management of over 60,000 miles of hedgerow in England. We look forward to working in partnership with many more farmers to manage and improve their hedgerows in future.

The purpose of these regulations is to protect hedgerows in order to support biodiversity, benefit the environment and enrich the landscape. They will make sure that all farmers are treated fairly by upholding common rules for managing hedgerows, and they will provide clarity on what is expected. The regulations govern the management of “important” hedgerows on agricultural land. Broadly, this means hedgerows which have a continuous length of at least 20 metres or which, if shorter, meet another hedgerow at each end. They do not apply to hedgerows within or forming the boundary of a dwelling house. Because the regulations apply to all important hedgerows growing on agricultural land, they will bring into scope some people who were not subject to cross-compliance, such as those who chose not to claim any direct payments or who have farms under five hectares in size.

There are two main requirements under these regulations. First, cutting or trimming hedges will be prohibited between 1 March and 31 August inclusive. This is to protect hedge-nesting birds and their habitats during the breeding season. There are some exceptions to this rule to give farmers and others flexibility where needed. The second requirement is to establish and maintain a two-metre-wide buffer strip alongside the hedgerow. This will protect the hedgerow and its root system from the effects of cultivation and the application of fertilisers or pesticides. Subject to certain exemptions, these activities will not be allowed within the buffer strip. The requirement for a buffer strip will not apply to fields which are two hectares or smaller.

We recognise that people may need time to establish their buffer strips where they do not already have them in place. We therefore propose that, in cases where a field has no buffer strip and is in crop production on 1 July 2024, the requirements will not come into force until that crop has been harvested. In all cases, the exemptions are needed to accommodate the practicalities of farming, or for health and safety-related reasons. They are largely the same as under cross-compliance. They are in place to ensure that we have the right balance between hedgerow protections and effective farming.

The regulations will be enforced on behalf of the Secretary of State by the Rural Payments Agency. Although the rules themselves will be familiar to many farmers, there will be a different approach to enforcement, with the emphasis being on being fair and proportionate. The Rural Payments Agency will take a primarily advice-led approach to enforcement. This has been shown to be the best approach for bringing farmers into compliance in other regulatory areas. However, the Rural Payments Agency will also be able to use a range of civil sanctions and criminal proceedings for the worst-case scenarios. Such action will be proportionate to the damage caused.

Subject to parliamentary approval, detailed information on how the regulations will operate will be provided once the statutory instrument has been made. The Rural Payments Agency will also hold a public consultation on its proposed enforcement policy. I know that it is committed to taking a modern, pragmatic and proportionate approach, with advice and guidance at the forefront.

Although these regulations govern the management of hedgerows on agricultural land, we recognise the value of hedgerows in other locations. Officials are therefore working separately with stakeholders to consider how to support the sustainable management and protection of hedgerows more widely in future.

In conclusion, this statutory instrument will afford fuller protection to one of our countryside’s greatest assets, the hedgerow. That will, I hope, be widely welcomed. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I have only one small question for my noble friend the Minister, as we do not have too many hedgerows in north Yorkshire; we mostly have stone walls, which we could have a separate debate on another time.

I am intrigued by the Government’s response to questions posed by the Secondary Legislation Scrutiny Committee in its report. It transpires that the Government are now bringing within the remit of cross-compliance farms of less than five hectares but larger than two hectares. For what reason are we going down that path? Obviously, these are quite small farms. The fields that we used to claim on when we owned a couple of fields would have fallen into this category, I think. I no longer have such an interest, but I wonder why we have gone down the path of including farms of between two and five hectares. Does my noble friend the Minister not agree that this seems like a lot of administration for such small farms?

[Baroness Young of Old Scone (Lab)]

I have been having sleepless nights about this, noble Lords may be pleased to hear. I was always a great fan of cross-compliance. It was quite a low-key instrument; nevertheless, it could be deployed. Of course, hedges are vital for wildlife and for carbon. They provide linear routes through our landscapes and join up patches of habitat. Filling the gaps in hedges, for example, is really important, for all these reasons.

Turning to my anxiety, it took ages to establish whether there was going to be a statutory instrument to fill the gap left by the demise of cross-compliance, and it then took some time for that to come forward. In a way, my great regret is that we have not used this opportunity. For heaven’s sake, the benefits of leaving Europe are few enough, but improving the situation for hedges would have been one of them. I would have preferred it if the Government had removed the three existing exemptions: for fields under two hectares, for hedges younger than five years and for the no-cutting period. When you look at the consultation, you see that there was not really much support among the farming community for retaining them. This could have been an opportunity absolutely to re-recognise the value of hedges, particularly in fields of under two hectares, and the importance of hedges younger than five years having protection from the beginning.

Apart from lecturing the Minister on this and lying awake at night worrying about it, I simply want to ask the Minister for four things. First, will he re-examine these exemptions? We have this wretched statutory instrument, and let us get the damn thing in because, at the moment, there is no protection for these hedges; but there is an opportunity here to improve on what Europe is doing and re-examine the exemptions.

Secondly, there should be a real proposition to extend the no-cutting period beyond even that in the instrument. My own wildlife trust, of which I am patron—I declare an interest—the Wildlife Trust for Bedfordshire, Cambridgeshire and Northamptonshire, has done a big hazel dormouse project that shows that there are multiple active nests during the period from September to October. If hedges are cut at that point, it prevents the population really thriving, and this is a very threatened species.

Maintaining hedges and not cutting them for even longer provides valuable berries and other food for winter wildlife and, as the Minister said, for farmland birds that are really in decline, such as the turtle dove, linnet, cirl bunting and yellowhammer. Bedford used to be the yellowhammer capital of the world, as far as I could tell, and you would be very hard put to find one at all now. In these species, late broods are disproportionately important. If they can get a third brood away, the population has a greater chance of increasing rather than standing still or declining. Again, extending the no-cutting period is something farmers would appreciate.

Thirdly, I ask the Minister to think about two matters not connected to hedgerows, but whereby we lose as a result of losing cross-compliance: water body buffers and soil erosion conditions, which are absolutely vital. They are hot in the public mind at the moment, particularly in the light of water pollution. Will he undertake to look at them and produce statutory instruments to reinstate them?

Lastly, I know that the Minister likes to tell me when I ask him things that are not particularly germane to the subject in hand, that are not his brief or are above his pay grade—or he will have another way of sending me away with a sore heart—but I hope that he might bump into his DLUHC colleagues and look in a concerted way at not just hedgerows that are subject to agricultural practice but those threatened by development. I know that one should not take personal examples as the norm, but I cannot help feeling that, in both the planning applications against which I have fought in the last two years, the local planning authority chose to ignore the hedgerow regulations in the planning advice. It destroyed hedgerows that not only are vital for carbon and wildlife but have huge historic lineage. If he were to bump into the noble Baroness, Lady Scott, in order to tell her that, it would be extremely helpful.

--- Later in debate ---

[Lord Douglas-Miller (Con)]

I have not looked at that and I appreciate that these dates are moving, but we have to start somewhere and those dates have been chosen for the moment.

The noble Baroness, Lady McIntosh, quizzed me on two-acre fields or less, and why they might be exempt. I hope everybody can understand that, if you have a smaller field, taking up a two-metre buffer zone around the edge of it will have a disproportionate impact. The Government recognise that and it came through pretty clearly in the consultation.

[Baroness McIntosh of Pickering (Con)]

Just to clarify, the question was why under five hectares was being brought in under the de minimis rule.

[Lord Douglas-Miller (Con)]

That was to try to include as many of our precious hedges as we can; that is still quite a big space. Again, through the consultation, it did not seem to cause a great deal of alarm, so it seemed perfectly sensible to include it.

The noble Lord, Lord Teverson, asked a number of questions about who is accountable, who is the regulator and who is the enforcer. The regulations will be enforced by the Rural Payments Agency on behalf of the Secretary of State. The Rural Payments Agency has a history of enforcing the hedgerow maintenance requirements under cross-compliance rules. It is well placed to develop and implement the new enforcement regime for all these regulations. The RPA will be taking an advice and guidance-led approach to enforcement.

On his supplementary question of who you should ring if you are driving along and you see someone doing damage to a hedgerow, I guess that question has always been there. Presumably, people will ring the police in the first instance if they see something going wrong, and they will guided by them to the appropriate agency. In this case, it is the RPA.

The noble Earl, Lord Russell, enquired about the definition of “important” hedgerows. The definition used for these regulations is designed to allow them to replicate as closely as possible the requirements for hedgerow management under cross compliance. For this reason, it was not practicable to use the same definition as is used in the Hedgerows Regulations 1997.

There were a number of slightly more detailed supplementary questions on which I will write to the noble Earl.

I am grateful for the thoughts and questions raised in today’s debate. They underline the value that so many of us place—

Agriculture (Delinked Payments) (Reductions) (England) Regulations 2024

Baroness McIntosh of Pickering Excerpts

Monday 20th May 2024 Grand Committee

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

My Lords, I declare my interests as set out in the register.

This instrument continues the important agricultural reforms we are making in England. Through these reforms, we are investing in the long-term prosperity of the sector and the future of our precious environment—things which I know many in this House care deeply about. The instrument applies progressive reductions to delinked payments for 2024. Delinked payments were introduced on 1 January 2024 in place of payments to farmers under the basic payment scheme in England. We are phasing out untargeted subsidy payments, as they have held the industry back and done little to improve food production or the environment. We are doing this gradually, over our seven-year agricultural transition period in England. That period began in 2021, so we are now in the fourth year of the transition.

The Government first announced the reductions in this instrument in the agricultural transition plan, published in November 2020. We are applying the reductions to delinked payments in a fair way. Higher percentage reductions are applied to amounts in higher payment bands. We plan to make delinked payments in two instalments each year, which will help farmers with their cash flow.

By continuing gradually to reduce these subsidy payments as planned, we are freeing up money so that farmers can access a wide range of environmental land management schemes and grants to suit all farm types. At this year’s National Farmers’ Union conference, the Prime Minister reiterated our commitment to maintain total farm support at an average of £2.4 billion per year across this Parliament. Therefore, the money that is no longer being spent on untargeted subsidies is not lost to farmers; instead, it is being put to better use. It is being redirected to the sustainable farming incentive and other farming support, which help boost agricultural productivity and resilience, increase food security and deliver for the environment. Our new schemes are investing in the foundations of food security and profitable farm businesses—from healthy soils to clean water.

Earlier this year we updated payment rates in our environmental land management schemes, the average uplift being 10%. Some payment rates went up by significantly more: for example, species-rich grassland has risen from £182 to £646 per hectare.

This summer, we will launch up to 50 new actions, which will allow farmers to access scheme funding for things such as precision farming and agroforestry for the first time. The new actions give farmers even more choice about what they can do, especially those on moorlands and grasslands.

Nearly half of all farmers are now in one of our environmental land management schemes. So far, there have been around 22,000 applications for the sustainable farming incentive under our 2023 offer, and more than 21,000 agreement offers have been issued. There are now over 35,000 live Countryside Stewardship agreements—more than double the number since 2020.

The sustainable farming incentive can help to reduce costs and waste on farms, to make them more resilient and to improve food production by, for example, funding farmers to plant companion crops to help manage pests and nutrients, to assess and improve the health of their soil, and to grow cover crops to protect the soil between the main crops. We are designing our schemes so that they work for smaller farms. We have doubled the management payment for the sustainable farming incentive, which is now worth up to £2,000 for the first year of an agreement. This will help to attract even more smaller farms into the scheme.

Smaller farmers potentially have access to more income than they did before. Under the basic payment scheme, half the money went to 10% of the largest farms. Under the sustainable farming incentive, payments are based on the actions that farmers take, rather than simply the amount of land they have. This means that SFI agreements can produce more income than the basic payment for a typical farm.

Farmers taking part in the sustainable farming incentive are typically more than making up their lost basic payments so far. The value per hectare of applications so far is £148. This, alongside delinked payments for small farms this year—equivalent to £117 per hectare—adds up to more than the value of the basic payment scheme per hectare before the start of the agricultural transition. That is £233 per hectare under the basic payment scheme, versus a total of £263 under delinked payments and the sustainable farming incentive.

This year, we will make it even easier for farmers to access the funding by allowing them to apply for actions previously in Countryside Stewardship mid-tier and the sustainable farming incentive through one application process. In February, we announced the largest-ever grant offer for the agricultural sector, totalling £427 million. This includes a doubling of the investment in productivity and innovation in farming to £220 million this year. This provides support for farmers to invest in automation and robotics, as well as solar installations to build on-farm energy security. It also includes £116 million for slurry infrastructure grants and £91 million for grants to improve the health and welfare of our farmed animals.

We are providing a range of other support for farmers and land managers. This includes a third round of our landscape recovery scheme later this year. The farming resilience fund continues to provide free business support to help farmers plan and adapt their businesses. To date, more than 20,000 farmers have received this support.

In conclusion, the Government continue to back our farmers. We are investing in our new schemes and grants, which are helping farms and food production become more resilient. They also deliver better outcomes for animals, plants and the environment. We must press ahead with these reforms as planned. As ever, I am happy to take any questions. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for setting out the regulations, which, as he explained, follow on from the earlier regulations to delink payments. I congratulate Defra on the second Farm to Fork summit, which seemed to be well received last week, particularly the inaugural publication of a food security index and the commitment to introduce a five-year seasonal workers scheme, which will be extremely well received by fruit and vegetable farmers across the country.

On farms and food security, the summit recognises the unprecedented challenges all farmers have faced this year. This has been the wettest 18-month period—not just a 12-month or six-month period—since 1836. Also, unprecedented imports have led to competition on very unfavourable terms. For example, given that battery-cage production of poultry has been banned in this country—I do not disagree with that—it is unfair that our farmers face unprecedented levels of imports of battery cage-produced eggs and poultry from EU and third countries.

I would like to press my noble friend to explain how he expects small farms, which he mentioned specifically, to benefit from the provisions of these regulations. We in North Yorkshire are fairly unique in that 48% of our farms are tenanted; that is possibly replicated in County Durham, Cumbria, Northumbria and other parts of the north, and perhaps in the south-west. How does my noble friend expect tenant farmers to benefit, not just under the provisions in the regulations before us but under other provisions that have been announced this year?

I would argue that tenant farms are the backbone of the country. I mentioned the wet weather that we have had, which has had an impact not just on crop production. The AHDB’s figures find that the planting of oilseed rape is down 28% this year, while the planting of wheat is down by 15% and winter barley by 22%, but my noble friend will also be only too aware that livestock farmers have endured an incredibly difficult lambing period. Many have been unable to turn their stock out and have had to rely on feeding livestock, particularly sheep, at a much earlier stage in the year than they would have done otherwise. Cattle have been stuck in sheds with feed running low. I understand that this year straw will be like gold dust.

We all know that, because of the war in Ukraine and other factors, energy and other input prices remain volatile. This is an extremely difficult time, with farmers facing high input costs and very challenging sales prices. Against that backdrop, can my noble friend imagine anything else that the Government can do to extend help to tenant farmers? How does he imagine that small farms, family farms and tenant farms in particular will benefit from the provisions before us today?

Fly-tipping

Baroness McIntosh of Pickering Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

I completely agree with the noble Earl that the illegal dumping of waste at Hoads Wood is appalling, and a full criminal investigation is under way. I am unable to comment further on the details of that live investigation as I do not wish to prejudice potential enforcement action. However, I assure the House that the Government are determined to bring those responsible to account. Specifically on Hoads Wood, the Secretary of State has written to the chief executive of the Environment Agency, asking him to draw up delivery plans to ensure that appropriate action is taken to resolve this wholly unacceptable situation. As part of that, we will consider how best to support the clearance of waste from the site. The Environment Agency has powers to recover the cost of action to clear the waste from those responsible. The Secretary of State has also asked the chief executive of the Environment Agency to review the agency’s actions in relation to the site, including what lessons it and other agencies involved in the local partnership tackling this can learn.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend commit to ensuring that prosecutions are indeed brought? Does he accept that, if matters are taken into the landowner’s own hands, this could be a very retrograde step? What conversations has he had with the Home Office and his department in this regard to ensure that prosecutions are brought and perpetrators brought to book?

[Lord Douglas-Miller (Con)]

The Government have put in a series of plans recently to assist councils with preparing the evidence to assist with prosecutions. Fly-tipping and illegal dumping is a serious crime and offenders can face a significant fine or a prison sentence. While sentencing is a matter for the independent courts, we have worked with the National Fly-tipping Prevention Group to produce a guide on how councils and others can build a robust case for prosecutions.

Animal Welfare (Livestock Exports) Bill

Baroness McIntosh of Pickering Excerpts

3rd reading
Tuesday 14th May 2024 Lords Chamber

[Lord Empey (UUP)]

My Lords, I will make a couple of points. The Minister got Scottish and Welsh legislative consent for this legislation, but the Northern Ireland Assembly was not asked to give its consent, even though a lot of this area is devolved under existing legislation. The Minister went on to say that there would be potential repercussions to extending the ban to Northern Ireland—for example, under the terms of the trade and co-operation agreement. In effect, the issue here is: is this matter a policy choice or a legal necessity under the trade and co-operation agreement? It would be most helpful to get clarification.

As the noble Baroness, Lady Hoey, said, we had a very significant court decision yesterday. It was dismissed out of hand in the Safeguarding the Union document at paragraph 46, which made very clear that this was only a matter of trade. It specified—in black and white —that immigration would be excluded; that is what the Government said. It went on to say that those suggesting that there would be an issue with immigration were entirely wrong, and that all of the United Kingdom would be treated as an individual unit in the UK’s policy on immigration. We have not only a trade border up the Irish Sea but an immigration border and now an animal export border. Is it not time that people were told the truth, instead of being misled?

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend the Minister for his engagement during the passage of the Bill and for the letter he sent me, which I read this afternoon. I echo the concerns expressed by the noble Baroness opposite, because I raised the concerns expressed by the NFU and others that there is still a potential loophole that my noble friend and his department might like to address.

I press my noble friend on reaching a phytosanitary agreement with the EU, the absence of which has meant that poultry producers have lost £85 million in chicken exports to the EU. Poultry exports decreased in value by 69% in the first quarter of 2021. The additional costs and burdens that they had to meet amounted to £60 million in 2021 alone. Those costs are not met by the EU producers, as there are no border controls.

I applaud my noble friend for taking up the issue of labelling, which we discussed on Report. I urge him to ensure that, at the very least, consumers will be made aware that the food they might be about to purchase has been produced in an EU country or a third country and does not meet the standards imposed on our home producers.

Finally, I ask him to use his good offices to ensure that the potential of a first border control post on the EU continental mainland will be achieved at Hook of Holland, using and converting the equine facilities there. Can he use his good offices to ensure that the port of Harwich can be identified as a reciprocal port, to make sure that we have the possibility of a border post and that our food exports reach the EU in a timely and affordable manner? Can he also ensure that we have an SPS agreement with the EU at the earliest possible opportunity?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we are at Third Reading; I will be brief and will not ask questions. I thank the Minister for his good humour and patience during the passage of this vital Bill, which had total cross-party support from the most ardent animal rights supporters in the Chamber. Although some of us might have preferred amendments, it was essential that the Bill pass without delay, and I congratulate the Minister on achieving its speedy passage.

Animal Welfare (Livestock Exports) Bill

Baroness McIntosh of Pickering Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, following the debate in Committee and the Minister’s comments, I have retabled my amendment. The NFU, which represents the farming community, is concerned that the import of both live animals and carcasses of animals that have not been raised to the same welfare standards as pertained in the UK will undercut our own industrious farmers.

The issue of cheaper imports of live animals and carcasses for the food industry has been of constant concern to British farmers since the country voted to leave the EU. The benefit from the relaxation of rules and regulations promised as a result of Brexit has failed to materialise, and farmers are leaving their profession at an alarming rate. The quest for cheaper food at any cost is not a mantra that we should be signing up to as a country. Farming is not a job where you clock on at 8.30 am and clock off at 5.30 pm; it is a way of life, a vocation that involves a love of the land and growing crops and vegetables, and rearing quality livestock to high welfare standards to produce meat that consumers want to buy. The British public want to support our farmers. They do not want to see them undercut, disadvantaged and forced out of business by substandard imports.

The border control regime introduced recently is having an adverse effect on the food and farming communities. In my amendment, I ask that, six months after the Bill’s implementation, a review is undertaken to assess the effect of the measures in the Bill on our farming community. Coupled with the changes made with the rolling out of ELMS and the appalling weather we have suffered, there has been a detrimental impact on farmers. The Bill, which is so important for animal welfare and our country’s reputation for high standards for animal welfare, could be the last straw for many farmers. I urge the Government to agree to this amendment so that a review of the real state of the farming community can be carried out and action taken, if needed, to help support this vital element of our economy and landscape. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness, Lady Bakewell of Hardington Mandeville, on bringing forward this amendment. While I will not support it at a vote, for reasons that were rehearsed in the previous debate, I hope that my noble friend the Minister will look carefully at having a review of the impact on farming, for a number of reasons.

First, the noble Baroness referred to the importance of farming to rural areas and indeed the country as a whole. According to the figures prepared by the NFU for Second Reading, the United Kingdom is one of the largest livestock producers in Europe, with an industry that is worth £14.7 billion to the economy each year. Compared to the export of fresh and frozen meat, live export from GB is a small, but important, component of the sector. In 2020, the UK exported a total of 751 million live animals. As we know, now that there are effectively no border control posts in the EU, that trade is effectively not happening anymore.

In the letter that my noble friend very kindly sent to us following Second Reading, he states:

“The final destination for the vast majority of livestock exported for slaughter from Northern Ireland is the Republic of Ireland with around 1,800 cattle, 13,200 pigs and 352,000 sheep moved directly to slaughter in 2023”.


He went on:

“By comparison, only 11,000 sheep were exported for slaughter from Northern Ireland to continental Europe”.


He then states:

“There were no movements of livestock from Northern Ireland for slaughter or fattening to destinations beyond other parts of the UK and Europe”.


I take this opportunity to press my noble friend for any reassurance he can give the House that this is indeed the case. We debated this in Committee, and it was also debated in the other place. I am not convinced that the loophole does not remain. There is a possibility for even longer journeys than those that went through the channel ports, and that the category of animal covered by the Bill may be exported from the Republic of Ireland to the rest of the European Union.

My noble friend has always replied to questions from me and others about the reasons why there are no border control posts on continental Europe at this time. He quite rightly states that it is a matter of commercial interest for those ports. Surely my noble friend will agree that it is a matter of great commercial interest for those livestock producers who have spent generations investing heavily in the genetics of the breeding stock of the United Kingdom that, at this point, there is no possibility of exporting breeding stock for breeding purposes. I would like an assurance from my noble friend that this will resume at the earliest possible opportunity.

I would like to update the House on a briefing I have had from the NFU in this regard. This was at an earlier stage; there may have been further developments since then. The NFU states that there is a genuine will to establish a reciprocal route between Harwich and Hook of Holland. The Dutch port authorities, the NVWA, Stena Line and a commercial operator all want to press ahead. The NFU had heard that there was going to be a change in EU regulation that would allow an existing equine facility to be licensed and approved for ungulates, subject to the appropriate scheduling and protocols: full licensing and disinfection of the facility. I looked this up, and ungulates are mammals on the hoof, with which many noble Lords will be familiar.

The existing equine border control post in Hook of Holland has five stables and could accommodate consignments of about 10 cattle, 25 sheep or 25 pigs. If dual use is not possible, there is an unused area adjacent to the office area of the border control post that could be retrofitted with penning and a small handling system. If this was allowed to proceed, it would carry more weight to a modest border control post development at Harwich. I declare my interest in that I was the MEP for Harwich for 10 years, and I maintain an interest in the development of the port on a purely personal basis.

If that is the case, will my noble friend the Minister concede that it is now a matter of urgency to proceed with the creation of a border control post at Hook of Holland, where equine facilities could be converted in very short order? Will he use his and Defra’s good offices and lend their weight to such a proposal? I personally believe that it is unacceptable that this trade is not going on at the moment. It is clearly not a Brexit dividend and is really harming livestock production in this country. At Second Reading, the National Sheep Association informed us that, because of the lack of a border control post in the EU, most of the trade has simply not happened since we left the European Union. Therefore, the Bill is not necessary because it is not happening and it will not happen any time soon.

I conclude by pressing my noble friend on the figures and saying why I believe the noble Baroness, Lady Bakewell of Hardington Mandeville, is right to press for this amendment. The figures for food and live animals are simply not clear. On a cursory glance of the UK trade figures from the Office for National Statistics, we are told that currently EU imports to the UK are £3.2 billion—which means the EU remains the largest exporter to the UK —and imports from non-EU countries are £1.3 billion. I am sure the House will appreciate that it is not clear in the figures what are live imports and exports, and what are clean or dressed pig carcasses or other imports. Those figures could be more greatly clarified than is currently the case. It would be very helpful if my noble friend was able to share that information today. If not, it would be enormously interesting if he could write to us.

Finally, it is a note of enormous regret that, while we have banned—for very good reasons—battery cage egg and poultry production in this country, we are now harming our own producers by importing eggs and poultry from third countries to the tune of billions. That is a complete own goal, and I hope that the Government will address it at the earliest opportunity.

--- Later in debate ---

[Lord Douglas-Miller (Con)]

My Lords, I am not even going to try.

I am grateful to the noble Baroness, Lady Bakewell, and to other noble Baronesses who have spoken and continue to speak towards the efforts to ensure that all impacts of the Bill on farming have been fully considered.

I will start by making three main points. First, I reassure the noble Baroness that we have already considered the impacts of this policy on British farmers and businesses and we expect the impact to be minimal, as outlined in our impact assessment, published in July 2021. The estimated direct cost to businesses of ending live exports for slaughter and fattening is around £5,200,000 across the 10-year appraisal period, or around £500,000 per year. It is also highly likely that the impact will have further decreased since then, as there have been no recorded live exports for slaughter or fattening from Great Britain to continental Europe since this assessment was published.

Secondly, when we consulted, responses indicated that some businesses which can no longer export live animals for slaughter will instead sell their live animals domestically and export the carcass or final meat products instead. We do not anticipate any issue with domestic slaughterhouse capacity being able to absorb any animals that might otherwise have been exported. In 2020, we exported from Great Britain around 6,300 sheep to the EU for slaughter and about 38,000 for fattening. These slaughter exports accounted for around 0.02% of all livestock slaughtered in the UK in 2020 and so represented a very small proportion of the total number of animals processed in the UK every year. I hope this reassures the noble Baroness.

Thirdly, in 2020 we exported approximately 480,000 tonnes of beef, veal, lamb, mutton, pork, bacon and ham from the UK, worth an estimated £1.4 billion in real terms. Clearly, this trade is much more significant to the farming industry in Great Britain than the live export trade.

I also reassure noble Lords that there are not, and never have been, significant imports for slaughter or fattening into Great Britain, and there is no established import trade for this purpose that in any way constitutes a comparable trade to the previous live export trade. According to Animal and Plant Health Agency data on imports to Great Britain from the Republic of Ireland, since the beginning of 2021 around 1,800 pigs and 500 cattle have been imported for fattening and around 900 cattle imported for slaughter. The total number of livestock imports into Great Britain for fattening and slaughter from other EU countries is smaller still, in the tens of animals or less over the same period. In stark contrast, 44,500 sheep were exported for slaughter or fattening from Great Britain to the EU in 2020.

Further to this, the very low numbers of livestock imported into Great Britain all come from EU member states, primarily the Republic of Ireland. This means that animals are reared in conditions that are comparable to the animal welfare standards that apply in Great Britain, and we do not foresee any reason why this would change.

The noble Baroness, Lady McIntosh, raised a number of issues—I will cover one or two of those. The first is the issue of Northern Ireland being used as a loophole by transporters. The requirements when transporting livestock to Northern Ireland would make any attempt to export livestock in this way uneconomic. Livestock transported for slaughter from Great Britain to Northern Ireland must go directly to the slaughterhouse: it is an offence to move the animals anywhere else. On arrival at the slaughterhouse, the animals and accompanying health certificates must be presented to an officer of the Department of Agriculture, Environment and Rural Affairs. Livestock exported for any other purpose must remain at the place of destination for a minimum of 30 days and be retagged to comply with animal identification requirements. The Bill will make it an offence for anyone to send, or attempt to send, livestock from Great Britain to anywhere outside the UK and Crown dependencies.

The noble Baroness also raised the issue of border control posts, particularly those going into Europe. The Government would like to see exports for breeding resume, but this is a commercial issue. We remain sympathetic to the concerns of the businesses involved and the department has been active in doing what it can to support a satisfactory outcome. Defra officials continue to track progress on this issue and meet regularly with the National Farmers’ Union, which represents the wider industry. It is disappointing that, despite all efforts, the companies that are seeking to identify an appropriate solution have not been successful in securing a border control post to serve their preferred routes. I did pick up on the noble Baroness’s point about Harwich to the Hook of Holland, and perhaps we can take that as a separate issue outside today’s business.

The noble Baroness, Lady Hayman, raised the issue of trade deals and welfare standards around that. On low-welfare imports, the UK Government were elected on a manifesto commitment that, in all our trade negotiations, we will not compromise on our high animal welfare and food standards. We will stand firm in trade negotiations to make sure that any new trade deals live up to the values of farmers and consumers across the United Kingdom and will maintain our high standards as part of any future free trade agreements.

Products imported into the UK must continue to comply with our existing import requirements. It has always been the case that products produced to different environmental and animal welfare standards can be placed on the UK market if they comply with these requirements, and this includes products from the EU and other long-standing trading partners. A range of government departments, agencies and bodies continue to ensure that these standards are being met, including the Food Standards Agency, Food Standards Scotland, the Animal and Plant Health Agency, the Veterinary Medicines Directorate and the Health and Safety Executive.

[Baroness McIntosh of Pickering (Con)]

I do not disagree at all with what my noble friend is saying, but the Government must see that we are harming our own producers in the same way that we did when we had the unilateral ban on sow stalls and tethers. Consumers need a label to let them know in this regard.

[Lord Douglas-Miller (Con)]

I thank my noble friend for her point, and perhaps I can clear that up with her later on.

In conclusion, this Bill will put a permanent end to a trade which, at its height in the 1990s, affected over 2 million animals a year; more recently it has impacted much smaller numbers. I can safely say there will be a minimal impact on farming in Great Britain and I think we all agree it is better that we encourage exports on the hook, rather than on the hoof.

It is an important point, and one of which we should be proud, that this Bill will reinforce our farming industry’s position as a world leader on animal welfare, boosting the value of British meat and helping to grow the economy. Given that the impact of the Bill on farming in Great Britain is outlined clearly in our impact assessment, I continue respectfully to hold the view that it is not necessary to add this further requirement to it. I therefore ask the noble Baroness to withdraw her amendment.

EU Imports and Exports: Food and Agricultural Products

Baroness McIntosh of Pickering Excerpts

Thursday 2nd May 2024 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask His Majesty’s Government what assessment they have made of the checks on imports and exports of food and agricultural products to and from the European Union, and in particular with regard to the import controls introduced on 30 April.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to have secured this timely debate and look forward to hearing contributions from other noble Lords. I welcome my noble friend the Minister to his place and look forward to his response.

The purpose of the debate is to evaluate the extent to which that elusive level playing field of parity of access to imports and exports on both sides of the English Channel and the North Sea has been achieved. I will look at border controls in the round, and in particular developments this week. I seek to assure parity of treatment across UK ports, whether goods are coming into Dover, Hull, Grimsby, Immingham or Holyhead, and between the UK and EU ports. This week the Government introduced the second phase of controls on EU imports, following the health requirement certificates in January this year. I congratulate all involved on achieving this—the Government, the ports, the importers and the traders. These are important measures of food safety and food security.

Will the Government review the operation and effectiveness of the border control posts and the new parallel border IT process, particularly for entry via Dover, before the next stage is introduced in October this year? Will they commit to treating the short straits as one entity to ensure that the critical supply chain of food imports functions well and for supermarket shelves to remain full—a point made by the Dover Harbour Board in its consultation response? Many of the controls introduced this week would have been pre-empted by a phytosanitary agreement with the EU. I seek to explore whether we are any closer to achieving such an agreement.

The risk levels and frequency of controls appear to be greater for those exporting from the UK to the EU than those entering the UK. It begs the question whether it is inherently unfair and unequal that it is easier for imports to enter the UK than for UK food and agricultural exports to enter the EU.

Is it still the case that there are no border control posts in the EU to permit the export of UK breeding stock? In effect, this means that there is a trading embargo on the export of live animals for breeding purposes to the EU mainland that damages UK livestock production. Are we seeking to help British farmers to access what remains their largest export market, namely the EU? These measures were promised to assist farmers to meet these challenges, as set out in the Agriculture Act.

The Food Standards Agency welcomes the measures introduced this week yet remains concerned about the continued threat of personal imports of animals, plants and foods, as well as potential food fraud. How do the Government intend to address this threat—a concern shared by farmers and the NFU, which notes that the danger of potentially infected meat entering through personal imports remains? What resources will be made available, particularly to address the risk through personal imports?

We are heavily dependent in this process on the availability of environmental health officers and trading standards officers to oversee the safety of our meat and other food products. They play a vital role in protecting against diseased plants and infected animals entering the UK.

The Food Standards Agency notes that when we talk about border controls and the BTOM, we are referring to commodities imported commercially through regular trade routes. The BTOM and associated controls are not targeted at illegal imports of food that are typically brought into the UK posing as personal imports or where goods are passed off as something that they are not—I remember the horsemeat scandal at this point. Illegal imports of food are targeted at ports of entry, with Border Force the main agency responsible, supported by port health authorities, and this will not change with the BTOM. I pay tribute to the FSA’s National Food Crime Unit, which targets organised food crime by taking action to disrupt the impact of criminal networks in this area.

The figures for imports into the UK speak for themselves and demonstrate a huge imbalance in trade. In 2023 the UK exported 167,000 tonnes of poultry meat to the EU with a value of nearly £225 million; the UK imported 673,000 tonnes of poultry meat from the EU with a value of £3 billion. To clarify, it is £225 million in exports versus £3 billion in imports—that is quite an imbalance. The absence of a sanitary and phytosanitary agreement in this regard is regrettable.

The CLA briefed me ahead of the debate on what increased costs the new border controls brought in this week will bring. That is to be expected because although food exports to the EU have stabilised, the costs associated with exporting have increased substantially. As a result of increased paperwork, through the need for health certificates, an increase in vet checks and the use of customs agents, costs have increased by £170 million since 2019. In 2023 export costs for food products increased by £58 million. Increased costs for exporters lead to a reduction in export volumes and, regrettably, a reduction in the number of businesses exporting to the EU.

The aim of the Government since the UK left the EU in 2021 has been to implement the target border operating model, which means that checks on certain products entering the country from the EU have now been introduced. The NFU states that the EU continues to be the UK’s largest market for live animals and agri-food exports, accounting for 67.9%, valued at £10.7 billion, in 2023 alone.

A breakdown in biosecurity is one of the most serious threats that we face as a nation and I am pleased that the Government are addressing this through these controls. However, it should not be easier for EU producers to export to the UK than it is for UK producers to export to the EU.

I will address the issue of perishable products such as plants, flowers, fruit, vegetables and fish. As time is of the essence, can my noble friend give the House an assurance that checks will be timely and effective to control just-in-time delivery, mindful of the nature of these deliveries in terms of transport and packaging?

In conclusion, I will briefly address a number of questions to my noble friend. In welcoming the measures introduced this week, in addition to those that were introduced in January and those expected in October, we need to take a wider view of the progress being made towards achieving a phytosanitary agreement with the EU and on border posts opening in the EU to facilitate UK exports, particularly of breeding stock. I understand that a review was scheduled for April this year, with products such as composites and some fruit and vegetables classified as low risk. Have the Government undertaken such a review? Will they undertake to do so and communicate any changes to industry with a sufficient lead time of, say, six months?

The border checks introduced this week will go some way to equalising the level of checks, which have hitherto seen an asymmetrical application of the trade and co-operation agreement with the EU. They are therefore to be welcomed. Some known unknowns, such as the cost ratios for controls at various ports of inspection, need to be addressed. Will the Government use the opportunity of next year’s review of the trade and co-operation agreement to re-evaluate the level and cost of checks in the flow of trade between the UK and the EU?

Sewage Pollution: Lakes and Rivers

Baroness McIntosh of Pickering Excerpts

Tuesday 30th April 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

I thank the noble Baroness for her question. I assure the House that the Government are taking huge steps to improve the quality of our waterways. We have driven environmentally sensitive farming through the environmental land management schemes to reduce pollution from the agricultural sector, introduced a range of new targets and laws, including 100% monitoring of storm overflows, increased Environment Agency resources for inspections and introduced new legislation to curb dividends and bonuses. We have created a water restoration fund and fast-tracked £180 million of new funding to improve infrastructure this year. Perhaps most importantly, we have also created a long-term vision through our Plan for Water, which marks a step change in our approach and will see £60 billion of investment into infrastructure over the next 25 years. Notwithstanding that, as I said in opening, we have met an enormous number of individuals, environmental groups and interested parties, including the Rivers Trust, which the noble Baroness mentioned. I have met that organisation personally on a number of occasions, although not specifically on this issue.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that a sea change happened when the legal advice from the Environment Agency was made mandatory? Will the Government agree to accord the same legal status to advice from water companies on when it is unsafe for pipes to be connected to the existing sewage works of new build, including major developments of up to 300? When will the Government bring forward regulations to end the automatic right to connect and a mandatory requirement for SUDS, which will ensure that many sewage works work properly and the sewage does not enter lakes, rivers and the sea?

[Lord Douglas-Miller (Con)]

My noble friend raises a very good point; the water companies are consulted on these issues on a regular basis.

Veterinary Medicines (Amendment etc.) Regulations 2024

Baroness McIntosh of Pickering Excerpts

Thursday 18th April 2024 Grand Committee

In general, and in conclusion, these regulations are to be welcomed, and I am pleased to support them.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for presenting the regulations before us this afternoon, which are very welcome. I have one issue to raise with him. I declare my interest as an honorary associate of the British Veterinary Association.

The British Veterinary Association’s response to the original consultation touches a little on the demands being made on veterinary practices in the context of the regulations, which the noble Lord, Lord Trees, referred to. It responded on the requirement to provide information that, essentially, the Government should be mindful of the pressures on smaller practices that have limited administrative resources and that while vets are willing and happy to provide information, the cost and administrative burdens need to be taken into account. I hope that is something that my noble friend will give me some reassurance on in the Committee this afternoon. We learn from paragraphs 12.1 of the Explanatory Memorandum that the annual net direct cost to business of the regulations is expected to be £2.5 million. Paragraph 12.3 states that as the level of impact is less than £5 million, it was agreed to carry out a de minimis assessment not a full impact assessment. What assessment has the department made of the pressure on small practices, in particular, in applying the new provisions in the regulations? Who will end up paying the ultimate price for this?

I am grateful to the Secondary Legislation Scrutiny Committee for its analysis of the regulations. It also refers to the fact that the direct cost to business will be £2.5 million per year and asks whether this will lead to higher prices for veterinary medicines. What impact do my noble friend and the department think this will have on the end user, in particular, either the small pet owner or, more specifically, the farmer, bearing in mind that farmers, particularly since 2001, have faced an increase in other on-costs? They are under great pressure, and many of them, particularly smaller and mixed farmers and those who specialise in livestock production, are going to find it very difficult to fund this.

We are speaking at a very happy time of year when we see lots of lambs and calves being born, but there are veterinary costs associated with that. I am mindful of this, having recently sat next to a local farmer who called out the vet for a stillborn calf and obviously had to pay all the veterinary costs. The mother survived, but they lost the calf. I would be grateful if my noble friend could respond on those two specific points: whether small practices have been considered when it comes to bearing the costs and whether farmers are expected to carry the additional cost of £2.5 million per year going forward.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in rising fairly briefly, I should declare the support I receive from the British Society for Antimicrobial Chemotherapy, as set out in the register. I join the noble Lord, Lord Trees, in welcoming further restrictions on antibiotic use in that context. I do a great deal of work with BSAC on antimicrobial resistance. I remain concerned about any exception for prophylactic use. We are talking in a context where factory farming organisations have said that they need to keep using antibiotics because their operations cannot operate without them. I have a direct question for the Minister. We are coming up to the refresh of the national action plan on antimicrobial resistance after its five years in operation since 2019. Are the Government prepared and thinking about how, working with that plan, there may need to be further restrictions, particularly on the use of antibiotics in veterinary medicine in the light of the threat that antimicrobial resistance presents? This is reflected in the fact that the General Assembly is having a high-level meeting in September on antimicrobial resistance. It is a huge global issue. I acknowledge that the UK has been leading on this. None the less, it is still very clear that we are not anywhere near where we need to be to save the antibiotics that we desperately need for human health. We have to approach all this from a One Health perspective thinking of human, animal and environmental health all going together.

In the light of that, there are a couple of things that I particularly want to raise. One is anthelmintics and their impact on environmental health, particularly insect life in streams and rivers and indeed in the soil, dung beetles being the obvious example here. I do not know whether the Minister will be able to comment on any steps that the Government are planning to take to address that One Health issue.

The other issue that is fast rising up the agenda is spot on flea and tick treatments, which are a significant source of pesticide pollution in rivers. I can cite a recent study from the University of Sussex and Imperial College published in Science of The Total Environment, looking in particular at fipronil and imidacloprid—forgive my pronunciation—both of which have been banned from outdoor agriculture but are still used in spot on flea and tick treatments. This study and others found significant wastewater that had passed through sewage treatment works and was extremely harmful to wildlife; these are potent neurotoxic insecticides. One study found fipronil in 98% and the other chemical in 66% of fresh water. I am aware that the British Medical Association has brought out some new guidelines and is seeking at least to reduce somewhat the usage of these treatments but, given that we have about 2.2 million dogs and cats in the UK, are the Government really looking into this?

Finally, I also reflect the concern expressed by the noble Lord, Lord Trees. We all know now that we are in a global market for everything through the internet. Are the Government looking at and monitoring the extent to which veterinary medicines that should not come into the UK, or should not be used without proper supervision in the UK, are coming in through that potential internet back door?

Food Security

Baroness McIntosh of Pickering Excerpts

Tuesday 26th March 2024 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask His Majesty’s Government what steps they will take to improve food security.

[Baroness McIntosh of Pickering (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and refer to my entry in the register of interests.

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

My Lords, I declare my interests as set out in the register. UK food security remains consistently high, and the Government continue to strengthen it by supporting our farmers and food producers. Underlining this commitment, at the NFU conference we announced the introduction of an annual food security index, underpinning the three-yearly UK food security report. The next report will be out before the end of the year, with the first draft of the index set for the second UK Farm to Fork summit this spring.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend join with me in paying tribute to and celebrating the work of our farmers in putting food on our plates, in particular the livestock producers on the hills, and tenant farmers especially? Will my noble friend take this opportunity, against the backdrop of increasing challenges to self-sufficiency, to give farmers and consumers alike an undertaking that any imported food and agricultural products will meet the same high animal welfare and environmental standards as those produced in this country?

[Lord Douglas-Miller (Con)]

I thank my noble friend and entirely agree with her on the issue of supporting our farmers and congratulating them on the work they do. I quite accept the premise that a significant change is going on in the agricultural sector. It was clearly signalled when we transitioned away from the common agricultural policy and focused farming on delivering both food production and environmental goals through ELMS. It is entirely understandable that farmers have concerns about this transition, as it requires them to reappraise how they use the entirety of their land. We are guiding and supporting farmers with new technology, new science and improved productivity to not only produce and maintain high quality food but to enrich our soil, reduce pollution and help reverse biodiversity loss.