Agriculture Bill

Baroness Wilcox of Newport Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

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

My Lords, devolution is the subject of this group of important amendments. The Minister set out the Government’s case on the functions for the devolved Administrations. The noble Baroness, Lady Finlay of Llandaff, spoke about the importance of transparency on the consultation and ensuring the agreement of the devolved Administrations. The noble and learned Lord, Lord Hope of Craighead, also spoke very knowledgeably about the need for consultation on Clause 40 with the devolved Administrations on the WTO Agreement on Agriculture. My noble friend Lady Humphreys spoke on the effects on the Welsh and the inclusion of Amendments 209, 261 and 262, which the Welsh Administration had requested. My noble and learned friend Lord Wallace of Tankerness gave the Scottish perspective from his considerable experience and knowledge.

The devolved Administrations had direct input into the CAP discussions with the EU. The UK Government are now taking this power to themselves as a reserved matter. The noble Lord, Lord Alderdice, spoke to the insertion of a sunset clause for Northern Ireland, which was moved very eloquently by the noble Baroness, Lady Ritchie of Downpatrick. The noble Lord, Lord Alderdice, believes that agriculture is a practical issue, not a partisan one. The devolved Administration in Northern Ireland should take up their own legislation on agriculture, and the sunset clause will assist this. Other noble Lords have spoken to this amendment along similar lines. I fully support the sunset clause, which brings Northern Ireland into line with the rest of the UK.

The noble Lord, Lord Wigley, spoke to his Amendment 290 very late on Tuesday; it would ensure that the Secretary of State creates a formal agriculture co-ordination council, which would be responsible for monitoring disputes on agriculture and food standards across the different areas of the UK. Other noble Lords have expressed support for this amendment. It is extremely important that this should be done while keeping in mind the relevant common frameworks that already exist. Can the Minister say just how many frameworks there will be? Will there be only three, as the noble Baroness, Lady McIntosh of Pickering, has indicated?

I fully support this group of important amendments. The noble Lord, Lord Empey, made a very powerful comment on the implications of the border in the Irish Sea and asked the Minister to acknowledge that. I look forward to the Minister’s response.

Finally, at the start of this group of 11 amendments on Tuesday evening, there were 24 speakers but, due to the lateness of the hour, seven Peers scratched their names from the list. Today, we are debating 41 different amendments in 10 groups, with the possibility of speeches from 137 noble Lords. We are rapidly approaching the point where everything that can be said about the Bill has been said, but not everyone has yet said it—although some have said it more than once. We must get to our target today; we do our reputation no good at all by dragging things out.

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, this is an interesting group of amendments that raises a variety of issues in relation to how future agricultural policy will work in the light of the devolution settlements. It has been a pleasure to hear so many noble—and noble and learned—Lords contribute so widely and wisely to the debate.

I speak primarily to Amendment 290, in the name of my noble friend Lady Jones of Whitchurch. This is an evolution of an amendment tabled in the Commons and there are clear links with Amendment 291 in the name of the noble Lord, Lord Wigley. I agree with the comments made by my noble friend Lord Hain earlier in the debate. We have diverse systems in our four nations’ agricultural businesses that have been developed to match local needs. Wales may be different agriculturally, but the need to agree multiannual funding is indeed a key concern for us all. The Bill is a perfect chance for developing a shared opportunity for resilience in the sector across the UK.

So many noble Lords have spoken in this debate about the uniqueness of the agriculture industry and the way in which nature can impede upon the best-laid plans of the farmer, who has to deal with so many changing circumstances. Indeed, it is not without regret that I note that this would have been the week of my regular attendance at the Royal Welsh Show at Llanelwedd, where the best of the industry is evident. I therefore stress, again, that multiannual funding would go a great way to help to support farmers with uncertainties.

While there have been positive discussions between Her Majesty’s Government and the Welsh Government on the Bill, as highlighted by the government amendments in this group, there remain tensions with the Scottish Government, who may propose to the Scottish Parliament that legislative consent is withheld. On this point, there are general concerns over the level of specific engagement with the devolved Administrations in our post-Brexit realities. Indeed, this is highlighted by the recent publication of the UK Internal Market White Paper, which had worryingly little input from Wales, Scotland and Northern Ireland.

An agricultural co-ordination council, as proposed in this amendment by my noble friend Lady Jones of Whitchurch, would allow Her Majesty’s Government and the devolved Administrations to discuss common concerns, map disparities in policy between different parts of the UK and keep common frameworks under review. Such a body would be similar to the joint ministerial committees, a format that still technically exists but whose various incarnations seem to have met very infrequently in recent years, especially during this time of national pandemic.

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[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, I spoke too soon about the fact that we may reach our target tonight, but we are nearly there. The noble Baroness, Lady Neville-Rolfe, explained her reason for tabling her amendment, which is about assured schemes. They are extremely important in improving food standards but, as she said, this measure could make or break some small food companies.

I have looked at the amendment and where it comes in the Bill, and I find it unnecessarily restrictive. It is important that the Secretary of State should consult those likely to be affected by the regulations in Part 5 on marketing standards, organic products and carcass classifications, but there is a limit. In previous debates, we heard that the UK lags far behind other European Union states in the incidence of organic farming. Most supermarkets have sections where organic produce is properly labelled and displayed, enabling shoppers to make an informed choice. It is important that we promote organic food.

In her amendment, the noble Baroness, Lady Neville-Rolfe, wants the Secretary of State to

“consult anyone reasonably likely to be affected by the regulations”.

I find “anyone reasonably likely to be affected” difficult. “Anyone” seems unreasonable. It is a catch-all that I am not sure can be delivered. I remember a case when a child regularly complained to a crisp manufacturer that he was not completely satisfied with the packet of crisps he had purchased. The packet stated that anyone “not completely satisfied” could have a replacement. The dialogue between this enterprising child and the manufacturer went on for some time until the manufacturer realised that it was dealing with a child and called a halt to it. I give this as an example of why we should be very careful about exactly what wording we have in Bill. The Secretary of State should consult but the question of with whom needs to be more tightly worded, otherwise he or she could consult the whole population.

[Baroness Wilcox of Newport [V]]

My Lords, we know that the vast majority of marketing regulations have been set by the EU in recent decades. As part of that process, there has been a healthy level of engagement with producers and consumers. The expertise on the subject demonstrated by noble Lords this evening is extremely incisive, as evidenced in the opening proposal of the noble Baroness, Lady Neville-Rolfe.

In future, when we are outside the European Community, although the rules will be retained immediately after the end of the transition period, there will be scope for the United Kingdom to depart from that way of working either incrementally or wholesale. Whatever the scale of that change may be, it will be most important to understand what information consumers will want from producers and what the cost and bureaucracy of such requirements will be in the short, medium and longer term.

A Government would not change any other major areas of regulation without first consulting and before laying a summary report on responses before Parliament, so it is curious and somewhat remiss that no requirement to consult is built into the Bill as drafted. We therefore support Amendment 257.

[Lord Gardiner of Kimble]

My Lords, I thank my noble friend for her amendment. Before any changes are made to the marketing standards, stakeholder engagement and public consultation will need to take place. Any organisation which represents the interests of the UK agriculture industry will be given the opportunity to put forward their views.

I say in response to the noble Baroness, Lady Wilcox of Newport, that marketing standards are covered by food law and a duty to consult is contained in Article 9 of Regulation 178/2002. This regulation will become retained EU law via the powers in the EU withdrawal Act. The regulation states:

“There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.”


It is the procedure that a summary of the responses to the consultation will be published on GOV.UK within 12 weeks of the consultation closing.

Any statutory instruments made using the power will also be accompanied by an Explanatory Memorandum and a proportionate analysis or full regulatory impact assessment where net direct cost to business is above £5 million. The impact assessment will provide the rationale for government intervention, details of all the options considered and the expected costs and benefits, particularly for businesses. With that reassurance, I hope that my noble friend will feel able to withdraw her amendment.