Agriculture Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[Lord Greaves (LD)]

My Lords, there has already been some discussion which hinges on the question: what is the Bill about? We start off with a very important clause which lists nine environmental aims, together with one aim concerning

“the health and welfare of livestock”,

which at least is about agriculture. Is this an environmental provision or an agricultural one? Those of us who are very keen on the environmental aspects of the Bill must nevertheless recognise that it is fundamentally about the future of farming in this country, not about the wider issue of the environment. It is unfortunate, as has been hinted at by at least one noble Lord, that the Environment Bill has not come first and we have not legislated on the Government’s new vision for the environment of Britain and then been able to fit farming into it. This is a problem that runs through the Bill, as the noble Lord, Lord Whitty, raised at Second Reading.

However, we have the Bill as it is. I was pleased to add my name to the amendment of the noble Baroness, Lady McIntosh of Pickering, on drainage schemes and so on, which are crucial. There is an important thing here which links to the proposals for the three tiers of the environmental management scheme. I think everybody is beginning to understand the importance of managing water on a catchment area basis; otherwise, if you do something upstream which affects something downstream, they are not co-ordinated.

The Government talk about peatlands and tree planting as tier 3 schemes, and it is easy to understand how they might work because of their nature. A catchment area scheme, by its very nature, will involve a very large number of landholdings and land managers. It can succeed only if a large proportion of them take part; otherwise, people may be persuaded to take part if they benefit but refuse if they do not. The whole catchment area must be treated as a unity. If such a scheme exists, will it be a condition on a landholding that is part of that catchment area, for all the other grants that it might want, to take part in the tier 3 scheme—the catchment area scheme? I ask the Minister that question because it is crucial.

I very much support what my noble friend Lord Bruce said about hill farming, and I added my name to his amendment. As someone who lives in the middle of the Pennines, in the north of England, I endorse everything he said. There is a tendency among some people to suggest that in such areas, land managers should be just that and that farming becomes irrelevant—in so far as farming takes place, it is there simply because the sheep are needed to manage the land in the way that people want, and hill farmers should become some special variety of civil servant operating on behalf of the Government, because that is the only way they can make a living. The hill farmers I have known over the years in the Lake District, the Pennines and Wales—and, indeed, in parts of Europe—are not the sort of people who want their lives regulated by officialdom. That is putting it fairly mildly. Will it really work like that?

It seems to me that in the hills, in the less favoured areas—in the Pennines, for example—farmers will continue to exist only if they can continue farming and can make enough of their income, their livelihood, from farming. They will not want to become land managers engaged by some bureaucratic board to manage the landscape in a particular way. There are parts where that will be the answer, but they will be a minority. By and large, if our economies, communities and landscapes in those areas are to survive, they will need to make enough money from what they produce. I see no way in which direct subsidy of the products they produce can be done away with in those areas. In the rest of England, perhaps so, but in those areas it will not happen. As we know, at the moment, people are producing milk for more than the price at which the supermarkets sell it; that is the cost to them. They are able to survive because they get the subsidy.

The only other thing I want to mention briefly is that I have two amendments, Amendments 80 and 81, which are amendments to an amendment proposed by the noble Baroness, Lady Meacher, who has not yet moved her amendment, so it is a bit awkward. She is talking about big cities; I agree with everything I think she is putting forward, which is that in many urban areas, the rural fringe between the towns and the countryside is a bit of a mess. It is what some of us call the zone of tatty land. All I will say is that that applies to small and medium-sized towns, not just big cities.

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

My Lords, I support Amendments 1 and 37. I understand what the noble Earl, Lord Dundee, said about Amendment 1: he seeks simply to probe in relation to financial assistance. We need to end the uncertainty felt by farming folk as we come out of the common agricultural policy and enter a new regime of funding. Therefore, there needs to be greater certainty about funding provided to farmers. Perhaps the Minister will provide some elucidation on that.

I support Amendment 37 in the name of the noble Baroness, Lady McIntosh of Pickering. To me, many of the amendments in today’s groups deal specifically with how we manage our land environment and new financial assistance powers which are grounded in Clause 1. Amendment 37 gives an opportunity because it gives the Secretary of State the power to issue payments to those farmers who protect or improve and manage the landscape. It is important that farmers are allowed to manage their own land environment for food and livestock production because, after all, they work that land daily, they know about the soil texture and the production levels that the land they farm is capable of. In so doing, they are then enabled to protect the flora, fauna and wildlife, which are all part of the natural environment.

As the noble Baroness, Lady McIntosh of Pickering, said, Amendment 37 is about ensuring that that financial assistance recognises and is provided for the protection, improvement or management of landscapes and biodiversity through pasture-fed grazing livestock systems. She referred in particular to upland farming, and I recall that when she was in the other place as chairman of the EFRA Select Committee, of which I was a member, she had a particular passion for the needs of upland farmers. Coming from Northern Ireland and from an area where upland farming is a central part of farming, I fully understand that.

Like the noble Lord, Lord Bruce, I believe there needs to be some co-operation between the devolved regions and Westminster, or Defra, on how this funding could be managed, how the less favoured areas classified under the old common agricultural policy, including those upland areas, could be managed and protected, and how farmers using that pasture-led grazing system can eke a subsistence and a living out of it and ensure a good farming life.

Always remember that the world’s soils represent the largest terrestrial carbon reservoir. In the UK, two-thirds of our farmland is pasture. Ruminants can effectively convert this into produce of value to us all. The capacity of pasture to build the fertility and health of the soil and the vital role of grazing animals in that process have been known for a long time. With a growing recognition of the environmental costs, and the cost of concentrate feed around five times that of grazed land, there is a shift to feeding ruminants increasingly on pasture.

Pasture-fed grazing livestock systems show a care for the animals, the environment, the land, the soils and the landscape. They bring value to the land, to the farming industry and to us as consumers. As the noble Baroness, Lady McIntosh of Pickering, said, they produce good-quality food in terms of feed production. Pasture also provides a natural and unstressed environment in which ruminants can express themselves while producing nutrient-dense meat and milk that has measurable health benefits for us all and for the wider consumer market.

I believe this needs to be reflected in the Bill and am very content to support this amendment, which I have signed but is in the principal name of the noble Baroness, Lady McIntosh of Pickering. I hope the Minister can provide us with some elucidation on adding that as a purpose for financial assistance and ensuring that the purpose of financial assistance in itself is much more, shall we say, mandatory than simply permissory.

[Baroness Meacher (CB) [V]]

My Lords, I will speak to my Amendment 79; I thank the noble Lord, Lord Greaves, for his support. This is a probing amendment. It aims to ensure that development of the land around our large towns and cities will feature in the Government’s strategy. By “large towns and cities” I am referring to urban areas with a population of at least 200,000, but of course priority is bound to be given to our great metropolitan cities—London, Manchester, Birmingham and others.

We know that green-belt land represents 13% of England’s land-mass: 1.6 million hectares. I believe the green-belt area doubled in size between 1979 and 1993. According to the Government’s official climate change advisers, the UK needs 1.5 billion more trees to absorb sufficient carbon dioxide and help restore wildlife. We can argue about how much agricultural land should be given over to trees, but there are swathes of undeveloped green-belt land. Surely we can do a great deal better than we do at the moment, not only for our urban populations but for the climate.

Mass tree planting is just one part of the solution to the green-belt wasteland, if I may call it that. Others include agricultural and horticultural development to provide the nearby urban populations with fresh food, in particular fruit and vegetables—avoiding the climate-destroying long-distance transport too often involved currently. Of course, an effective green policy for the green belt would need a shift in people’s attitudes to eating out-of-season fruit and vegetables. If people continue to demand to eat strawberries in December, however much we grow on the green belt will not help the climate as much as it should and could.

Finally, some investment on the green belt should surely be into energy products: solar panels and wind farms. Again, proximity to our metropolitan areas and other large towns and cities should be a driving factor for that. I hope the Minister will assure the Committee that climate-friendly development of the green-belt land will be an important element in the Government’s plan.

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[Lord Greaves]

I have just been told that because I was not here at the beginning of this group, I cannot speak. I thought that it was a Committee where you could wander in and out all the time. It is not a desperately important point that I want to make, so I will discuss it afterwards with people.

[Baroness Ritchie of Downpatrick [V]]

My Lords, I support Amendment 106 in the name of the noble Baroness, Lady McIntosh of Pickering. There are two principal points here. The Government want this Agriculture Bill, which is a major Bill and the first in many years, to be about public money for public goods. The second point was raised by the previous speaker, the noble Earl, Lord Devon: who is to receive those funds?

I believe that money should support those actively involved in farming activity. They used to be known as active farmers but, as the noble Baroness, Lady McIntosh, said, that definition has probably broadened now to the wider issue of agricultural activity. If that is the case, and the Government support it, then we can ensure high standards in environmental works on the farm and in food production. We can ensure high standards of food security and perhaps in so doing, we will be able to ensure, along with good food security, good accessibility to food for all in terms of the food chain.

On reallocated entitlements, applicant farmers must be able to demonstrate that they enjoy the decision-making power, benefits and financial risks attached to the agricultural activity on each parcel of land for which an allocation of entitlements is requested. That is right and proper; it is also ethical and moral.

Furthermore, the Minister referred during the previous group to the ongoing work and discussions between Defra and the devolved Administrations. What actual work has been done on broadening agricultural activity? Who will be eligible for such payments and what grades of activity will be eligible? Land ownership probably varies throughout the devolved Administrations compared with what pertains in England. Coming from the Northern Ireland context—there will possibly be some separate legislation for Northern Ireland—I know that we have a conacre system, which is an ancient Irish system whereby people keep land under conacre for one year. It differs from the tenant farmer situation that exists in Britain. What discussions have taken place on agricultural activity between the Minister, his ministerial colleagues in Defra and ministerial colleagues in the devolved regions?

[The Earl of Caithness [V]]

In introducing the amendment, the noble Lord, Lord Addington, said that farmers would have to get paid to do all these good works in the future. We should pause and thank all the many farmers doing exactly these now without any money at all from the Government. They are doing it of their own free will because they love the land that they farm—they might have been farming it for generations—and the biodiversity and nature that goes with it. We must pay them a big thank you for continuing the work.

The noble Lord, Lord Addington, jogged my mind. It slightly irks me that we paid farmers to take hedges out and destroy landscape and biodiversity. We are now going to pay the same farmers to put those things back. It is worth remembering that a lot of farmers did not take out any hedges and kept the biodiversity but got no money at all for that.

I put my name to Amendments 65 and 106 and I was pleased to do so. Amendment 65, tabled by my noble friend Lady McIntosh of Pickering, would add the words,

“agriculture, horticulture and forestry in England”

to the end of Clause 1(3). At the moment, the wording just stops at “England”. It seems logical to put the words in the amendment into the Bill.

While I am on forestry, my noble friend Lord Gardiner did not say on the first amendment—I am not surprised —what he actually means by “woodland” and “forestry”. Are they the same or two different things? If there will be grants for help for forestry and biodiversity, presumably there will be no grants for people planting vast acres of Sitka spruce, which are biodiversity unfriendly.

Forestry also raises another issue covered by Amendment 106: who gets the benefit of these payments of public money? I will focus on tenant farmers, as my noble friend Lady McIntosh of Pickering did. When I was a land agent, my experience was that pretty well every tree was not in the tenancy agreement; it belonged to the landlord. Tenants were not allowed to plant woodland. That was excluded and outside the tenancy agreement.

We have an imbalance here and two different classes of farmer. We have the owner-occupier, who can do everything on their own land, and the tenant, who will be severely restricted. Who will get the benefit from these payments? If the tenant signs up to a scheme, I know many landlords who will say to them, “Thank you; I’m glad you signed up to that scheme. I’m glad you’re getting the money. Your rent is now going to increase and I’m going to take most of that money from you because you can afford to pay it.” Who will get this money? Is there a way one can incentivise tenants to do these schemes and reap the benefit that they deserve for putting the risk, capital and expertise at stake in doing so?

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[Baroness McIntosh of Pickering]

My Lords, I shall be brief as I do not have amendments in this little group. I congratulate the noble Lord, Lord Addington. Overall, access has been a phenomenal success although we heard from the noble Earl, Lord Devon, that that is not always the case. My concern is that the flip side of access should be responsibility on the part of those using the access. Over the lockdown period we saw regrettable behaviour by a few irresponsible people which unfortunately tarnished it for many.

I remember that when I was growing up there was something—I think there may be a later amendment on this—called the countryside code. It was on television. There were adverts saying simple things like, if you walk on the Pennine Way, which is near where I grew up, you close the gate if there is livestock in the field and that it is dangerous to enter a field where there is a calf, as the cow will defend it to the death. We have even seen a vet, who was walking their dog through a field, killed in the past two years. Like the noble Lord, Lord Greaves, I cut my parliamentary teeth next door on the CROW Bill, so I bear the scars. We ran one or two very unsuccessful exercises as an opposition, I recall. How can the Government ensure that the flip side of access will be responsibility and that the costs will not be disproportionate to the enjoyment? I hope those using the access will behave in a responsible manner. We saw some malicious fires—It was not just fly-tipping; the materials were burned to get rid of them so they could not be traced—and the irresponsible use of barbeques. When there are crops growing in a field, you cannot have access until the crops have been taken out. We need responsible behaviour so that the cost will be proportionate to the enjoyment.

[Baroness Ritchie of Downpatrick [V]]

My Lords, I rise to support the amendment and to congratulate the noble Lord, Lord Addington. As somebody who over the years has supported access to the countryside, I fully understand and appreciate that. However, I come back to the principle, raised by the noble Lord, Lord Empey, and the Minister, of the balance of competing rights: the right of people to enjoy the countryside, and their right to have access to it while at the same time respecting it. Like the noble Baroness, Lady McIntosh of Pickering, I am well aware that during lockdown there was a certain despoliation of the countryside—a considerable level of littering and probably interference with farm animals. It comes back to the issue of getting the balance right. After all, access to the countryside can be a pretty disputatious issue if it is not managed properly.