Agriculture Bill

Baroness Young of Old Scone Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

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

My Lords, I support Amendment 73 in the name of the noble Earl, Lord Caithness, and Amendments 272 and 274, in the names of the noble Baronesses, Lady Jones of Whitchurch and Lady Jones of Moulsecoomb.

Protecting the environment is important to me. Unlike the noble Lord, Lord Marlesford, I believe that over the last 10 years we have seen many severe weather events that have had a direct impact on our land, our nature and, above all, our soil texture and quality. The land has been leached of essential nutrients, thereby disabling agricultural production and the capacity to produce food. This debate is really all about food and the quality of food for consumption by all our citizens.

There is a value and a benefit to the environment in making financial provision, financial entitlement and financial qualification a means of encouraging a reduction in climate change emissions. It is worth remembering that our Select Committee report entitled Hungry for Change, which was published last week, stated that the features of a sustainable food system are that it should be environmentally sustainable, that land must be managed to ensure that it is used appropriately and is continuously viable for food production, and that the negative impacts of GHG emissions and water and air pollution on habitats and diversity must be substantially reduced, while carbon sequestration and flood management are enhanced. It is important that the forthcoming national food strategy considers those factors, as well as ensuring that our food supply is socially and economically viable.

Therefore, I have no problem in supporting these amendments, because I believe that we have to reduce our CO₂ emissions. We have to make that contribution to net-zero emissions and there should be financial payments to our farming folk that recognise that. What better way to do that than to recognise it on the face of the Bill? I hope that in replying the Minister will indicate the Government’s response to these amendments and set out how they intend to contribute to net-zero emissions through farming and food production.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I support Amendments 272 and 274 in the names of the two noble Baronesses, Lady Jones and Lady Jones, respectively—you can never have too many Lady Joneses, in my view.

These amendments would put an urgency and a framework into the objective of substantially reducing the carbon impact of farming, and would include a series of targets and interim targets in line with successive carbon budgets under the Climate Change Act. The noble Lord, Lord Marlesford, said that the amendments were too declamatory and mandatory, and that is why I support them. We need a bit of backbone to make sure that this vital purpose is achieved.

Agriculture accounts for 11% of UK greenhouse gas emissions, and that percentage has not reduced very much over the last 10 years. Unless change can be incentivised financially, agriculture will account for a greater proportion of our UK emissions, as other sectors decarbonise quickly. On the other hand, land is an essential resource for tackling climate change through its ability to sequester and store carbon, and that needs to be taken into account at the same time.

I know that the Minister will say that the purposes in Clause 1 already enable support to be provided for measures to combat climate change. However, the amendments before us provide a much stronger framework to drive the urgent changes required in agricultural practice, and I urge him to consider the extra welly that they will provide for this vital purpose.

[Lord Clark of Windermere (Lab) [V]]

My Lords, I very much associate myself with the thrust of these four amendments. They highlight something which is absolutely critical, and we can think of this as we go through Covid-19, because, although the pandemic is serious, it is not as serious as climate change.

Here, we have a set of amendments that sets modern agriculture in Britain within the context of our climate change challenge. It is a big challenge but one that we have to face and, in fact, win. I very much associate myself with the comments of my noble friend Lady Young of Old Scone. In particular, I support Amendment 272 in the name of my noble friend Lady Jones of Whitchurch, although I equally support the amendment in the name of the other noble Baroness, Lady Jones.

If we had to invent a machine to lead the campaign against carbon emissions, that would be quite difficult, but nature has provided us with just such a machine. It has provided us with trees. Trees absorb carbon as they grow and retain carbon as they mature: in their leaves, their trunk, their bark, their roots and their soil—it is all there. Although we do not have many woods and trees in this country, we all have ambitions to have more. To give one statistic, one young mixed wood captures 400 tonnes of carbon per hectare. It is a very efficient way of meeting our climate change target, and this Bill will help, because more trees will be planted.

I want to raise something with the Minister which I hope he or she will look at. We all talk about planting trees because they provide so many benefits—in this case, we are talking about climate change—but if you remove trees, you do exactly the opposite, with the saving grace that if you replant, you start the whole process again. There is a law in this country that says that before a tree of a certain size is felled, a licence must be obtained. However, I am afraid that that legislation is hardly ever applied. It is when it comes to large areas of trees, because, just as individuals might get grants to plant trees, they have to get permission to fell.

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Amendment 232, tabled by the noble Baroness, Lady Bennett of Manor Castle, would be a tough biannual burden on the Secretary of State, the benefits of which, some might say, would not justify it. Besides, it is strongly weighted towards the priorities of the noble Baroness, rather than those of the wider farming community and the consumer.

[Baroness Young of Old Scone [V]]

My Lords, I support Amendment 129 in the name of my noble friend Lady Jones of Whitchurch. It would require the Secretary of State to take into account the current environmental improvement plan in agreeing priorities for incentives. It is about a big concern of mine at the moment, which is that we start to join up some of these silos that are growing—environment, forestry, other land management purposes and agriculture. There are myriad schemes that are going to be coming towards farmers that will affect land, agriculture, forestry and the environment. There is the ELM scheme itself, as enshrined in this Bill, the 25-year environment plan, the provisions of the Environment Bill, the climate guarantee scheme, the Nature4Climate fund, the biodiversity net gain provisions and nature recovery networks. It feels more overheated than I have experienced for a long time in this area, which is great, because it means that everyone is putting effort, energy and funding into those sorts of issues—but it would be quite nice if we could join them up a bit.

Way back, I had a pious hope that we could have one Bill—a joint agriculture and environment Bill. I thought it would be a good idea. But in view of the pace at which this Bill is going through the House—and despite the aspirations of previous speakers that the Minister stay in his post for ever—I think that if we had had a joint agriculture and environment Bill, the Minister would probably have done a runner at that stage.

We need to find a way to bring all these initiatives together. Amendment 129 would at least be a modest start in joining up the environmental and agricultural agenda, as it should be.

[The Deputy Chairman of Committees (Baroness of Garden of Frognal) (LD)]

The noble Earl, Lord Caithness, has withdrawn. I call the noble Baroness, Lady Neville-Rolfe.

Agriculture Bill

Baroness Young of Old Scone Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Carrington [V]]

My Lords, I support Amendments 58 and 119, as tabled by the noble Lord, Lord Lucas, and the noble Earl, Lord Caithness. I also agree with every word that the noble Lord, Lord Cameron, just said, and the words of other noble Lords.

The threat of sanctions put off many farmers from taking up opportunities under the current environmental schemes. These sanctions threaten not only the environmental scheme payments themselves, but also, through cross-compliance, the basic payments. Access to and the eligibility of financing advice is therefore supremely important if there is to be a wide take-up of ELM schemes. The wealthier farmers with larger farms often have good access to advice, but most of this is expensive and unattractive as an option. Farmers are not a homogenous group. All that a farmer with a small to medium-sized farm knows about is the traditional farming that he has done for ever through good and bad years. He knows the risks. That is his life and livelihood. A farmer may not have great expectations and he may not take foreign holidays, but he fears getting involved in a new venture outside of his comfort zone which could lead to direct or indirect sanctions and put him out of business.

A study by the School of Agriculture, Policy and Development at the University of Reading and the Institute for Sustainable Food at the University of Sheffield looked at the impact of the digital divide and sometimes limited access to broadband in rural areas, which, together with lack of time, the age of the farmer and social isolation, has made it difficult for farmers to contribute to or participate in the design of ELMs.

These factors will not have changed at the implementation stage, so access to and funding for farm advisers with good training and good communication skills is essential. The success or otherwise of the Bill will be judged partly by the take up and success of environmental land management schemes. The balance between crop production on marginal land and environmental schemes is the key. Too little profit from the environmental land management scheme will encourage continued production on marginal land, leading to possible losses and risks to the farmer’s business and livelihood. If there is too much profit in the scheme there will be a loss of farm production and, consequently, greater imports of food and less self-sufficiency. This demonstrates the importance of the provision of advice and, if necessary, financing it.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I support Amendment 122 in the name of my noble friend Lord Grantchester and I thank the noble Lord, Lord Lucas, for bringing forward his amendments. We are standing at a watershed for farming and land management. We cannot underestimate the scale of change that this Bill denotes. We need to fund an effective advisory process to support farmers and land managers through what could otherwise be cataclysmic changes. Over the past 30 years we have seen the erosion and virtual disappearance of what was, in early days, a systematic advisory support service, which had developed to support farming improvements in the post-war era. Most farming advice is now provided by commercial agronomists with products to sell or by fragmented single-focus organisations. Advice needs to cover not only technical and productivity improvements but ecological literacy. The scale and ambition of the changes the Bill proposes and the multiple functions we need land to deliver show that the time has come again for a comprehensive and joined-up approach to advisory services, and for the funding to deliver that. I hope the Minister can support this.

[Lord Inglewood [V]]

My Lords, being a farmer, over the past two or three years I have had to think very carefully about my activities in future. In my case, I have one specific and really quite complicated land use problem—or perhaps I should say challenge—to deal with. The way in which I have approached it is to take a certain amount of specialist advice. In simple terms, that advice has been paid for by the BPS payment I received. As all your Lordships know, the BPS payment is to be cut and the effect is that the money that otherwise would pay for advice may well not be there.

My example is not particular to me; a lot of farmers are thinking seriously about what they have to do next. They will have to take external advice, probably now—it is no good waiting until the changes come into effect before you decide what to do. What you have to do is think about the future, work on the basis of what we know about the general rules and regulations that will be in place and plan a course. In all sorts of ways, this is something which many farmers cannot do. Of course, if you are going to take advice, you have to pay for it. When the BPS is cut back, individual farms’ resources to do that will be curtailed. I suggest to the Committee, and through it to the Minister, something which I have mentioned to his private office. Instead of simply cutting pieces off the BPS payment until ELMS comes into being, it should be possible for that money to be drawn down from individual farms and hypothecated to get the advice necessary to prepare the farmers for the future world that will come. Otherwise I fear a lot of farms will not do enough homework, which will be to the detriment of not only British agriculture but Britain as a whole.

Agriculture Bill

Baroness Young of Old Scone Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[Lord Cormack (Con)]

My Lords, I am delighted to take part in this debate, and I begin by saying how much I agree with the noble Lord, Lord Greaves. The sooner we can get back to proper debating, with interventions—not too many, but pointed and at the right time—the better. At the moment, we are in a one-dimensional Parliament, which is not able to adequately hold the Government to account or fully debate these subjects—a point rather brilliantly illustrated, perhaps not intentionally, by the noble Lord, Lord Carrington, a moment ago, when he talked of all the attributes of the ideal farmer.

I want to address a few remarks to Amendment 12, but I want to look not at the accomplished man or woman who is a farmer, but at our children, and young children in particular. We all pay lip service to education, and there are parts of the country where a number of farms have regular farm visits; there are many in my native county of Lincolnshire, where I live, and many in Staffordshire, which I had the honour of representing for some 40 years in the other place. But we need to co-ordinate more. We need to try to ensure that there is a place on every syllabus, in every school, for some acquaintance with farming—perhaps by visiting, perhaps by welcoming speakers from the NFU and elsewhere into the schools. But we need to make sure our young people understand their food and where it comes from, as the noble Baroness, Lady Boycott, said earlier in this debate. We want them to value, cherish and—as we said in the debate on Tuesday—share the enjoyment and protection of wonderful countryside. Countryside and farming are indivisible.

The other point I would like to make in this brief intervention is to say how much I agreed with the noble Baroness, Lady Boycott, when she talked of the grotesque, indecent factory production of chickens and the devastation it causes in one of the most beautiful areas of our country—the Wye Valley. There have been photographs in the papers in the last week or two that shame us all. As she said, many of these are industrial units producing—entirely for profit—food I would not give to a dog.

We need to have regard for the standards with which food is produced. We are quite rightly making much of this in the negotiations with our European friends and neighbours. In the talk we are having of doing deals with other countries, our standards are, on the whole, good, but they can be better, and it is very important that we have an intelligent, well-educated electorate, who will not accept the indifferent or the downright bad. I will return to some of these points in the debate later this afternoon, but I hope my noble friend will acknowledge that these are important points.

[Baroness Young of Old Scone (Lab) [V]]

I support Amendment 57 in the name of the noble Baroness, Lady Jones of Whitchurch, so ably laid out by the noble Lord, Lord Krebs. This amendment is vital to ensure that, in making payments for productivity improvements under subsection (2)(a), they do not counteract the purposes—the public goods—listed in subsection (1). There is no point in payments being made for public goods, such as environmental improvement, if public money is given for productivity improvements that could result in environmental down sides. I am not saying payments for productivity improvements should not be made; I am simply saying that we must make sure that these are not, in themselves, environmentally damaging. The amendment would ensure that productivity improvements were environmentally sound.

It is a slippery slope: we more fundamentally do not want to see polarisation, where some farming is effective and productive, and other farming is environmentally sound, where some land is sweated intensively for production, and some set aside for biodiversity in the environment, like zoos.

There was a time in the not-too-distant past when a previous Secretary of State for the Environment—for the avoidance of speculation, let us call her Secretary of State Truss—had a vision for the future of agriculture and the environment which had highly intensive agriculture in the lowlands and biodiversity and the environment shuffled off into the uplands. We have come a long way in sophistication since then. We all want all agricultural land to efficiently deliver food and for the environment. Amendment 57 would be important for this, but if the amendment cannot be agreed to by the Government, can the Minister tell us how he plans to ensure that productivity support does not result in environmental down sides?

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[Baroness Bennett of Manor Castle [V]]

My Lords, it is my great pleasure to follow the noble Duke, the Duke of Wellington, and to endorse entirely everything that he has just said. I was very pleased to sign his amendment. It very much complements one of the amendments in this group that I will come to later.

Across this group we have references to soil, agroecology and reductions in the use of pesticides and herbicides. We are talking about farming systems that work with nature— systems that do not use metaphorical coshes but instead see how we can use the existing systems, cultivate them and restore them. Of course, the foundation of that, as the noble Lord, Lord Lucas, outlined in his introductory remarks, is very much the soil. I guess I have to focus on this as the Member of your Lordships’ House who first used the term “tardigrades” in Hansard.

In the soil we have a range of animals—mites, springtails, nematodes and, of course, the earthworms that Charles Darwin was aware were so important. It is crucial that the Bill explicitly recognises the need to focus on the organisms in the soil, as well as the billion bacteria that you find in every teaspoon of healthy soil, and the fungi, which I will talk about in discussing another group. I therefore commend Amendment 29 from the noble Lord, Lord Lucas.

I have put my name to Amendment 224 in the name of the noble Earl, Lord Caithness, about publishing a soil health index report within 12 months. It is really important that we have timetables built into the Bill, and into all the Bills that come before your Lordships’ House. We are very aware of many delays, whether it is the food strategy or the peatland strategy. The state of our soils and the state of nature cannot wait. We need to ensure that there are timetables for the Government to act upon and meet.

I also commend Amendment 217, about the long-term monitoring of soil, which fits into that same kind of approach. Furthermore, in this agroecological, joined-up approach, I commend Amendment 38 in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville, and Amendment 39 in the name of the noble Earl, Lord Caithness, on nature-friendly farming.

I was very pleased to put my name to Amendments 40 and 97 from the noble Lord, Lord Teverson. As the noble Lord said, we have heard many words on agroecology; I recall Michael Gove, I think three Oxford Real Farming Conferences ago, saying that the Government were absolutely committed to agroecology. However, we do not really see this in the Bill in a coherent, central manner. Words and statements of intention from Ministers are fine, but we really want to see agroecology front and centre of the Bill.

I was also pleased to put my name to Amendment 42 from the noble Lord, Lord Teverson, on whole-farm agroecological systems, because this gets at the idea that we are not talking about a field or a single area and that we need to think about whole-farm systems. I think the Minister addressed this earlier: when he talked about education, he spoke about how woodland might well be part of a whole-farm approach or system. But this needs to be built into the actual farming elements of the Bill, to acknowledge that we need to see this agroecological approach taking in soil, water and all sorts of different plants, and to see arable, pasture and woodland as a complete system—what you might call an approach involving systems thinking or permaculture.

I turn now to a couple of amendments that appear in my own name, starting with Amendment 49, which very much builds on the earlier comments of the noble Duke, the Duke of Wellington. This would put explicit aims in the Bill: reducing herbicide and pesticide use; ending the use of chemical fertilisers; and—moving to a concept that may not yet be familiar to many of your Lordships, but I am sure it soon will be—using the idea of nutrition per acre as a measure of the kind of farming that we want, and need, to see. We have seen already in the Bill an evolution towards an acknowledgement that farming is about food, which is a pretty obvious statement, but we need to produce good, healthy food as a public good and to contribute to public health. That is what this amendment addresses.

As the noble Duke, the Duke of Wellington, said, the EU has set figures and aims for the improvement of organic farming. Our record is, sadly, a very slow one, and indeed a story of going backwards. The EU has said that it wants to see 25% of its farmland become organic by 2030. We often hear from the Government in many contexts that they want to be world-leading. If they want the Agriculture Bill to be world-leading, they need to set a target for organics on the face of the Bill higher than that which the EU has set.

That is also the case in terms of fertiliser use: the EU has set a target of at least a 20% reduction in artificial fertiliser use by 2030. World-leading has to be better than that. That, of course, is an issue that feeds into so many other aspects we have been discussing in the Bill. My noble friend has sought to introduce references to air pollution; we are also concerned about water pollution from the use of nitrogen fertilisers, in particular. On pesticides, the EU has set a target of a 50% reduction by 2030. I refer the Government again to the issue of being world-leading.

We are often told that this is a framework Bill and all the detail is going to come later in regulations, but if we look at the Climate Change Act, that set out a very clear direction of travel that has since been enhanced. Anyone who read the Bill knew what the Government were trying to achieve. Sadly, a framework Act that has powers but not duties fails in that fundamental principle.

Finally on this amendment, I want to particularly mention nutrition per acre. A lot of this work comes from the Sustainable Food Trust, which is involved in one of Defra’s ELM trials, and is also based on the work of the Indian campaigner and environmentalist Vandana Shiva, who points out that biodiverse agroecological systems have much better outputs of micronutrients and phytonutrients. If we come at this from the other side, the British Nutrition Foundation had a very interesting round table in May 2019, which particularly focused on the fact that, of course, we know that we have a problem with obesity, with an excessive intake of calories, yet, like most of the global north, about three-quarters of people in Britain do not actually get sufficient nutrition in terms of vitamins, minerals, essential amino acids and fatty acids. If we are going to see a reduction in calorie consumption, we really have to be boosting the level of nutrition—the health of food. This is a relatively new area, but we are seeing and understanding that a carrot is not just a carrot—there can be massive difference between the nutritional content of a carrot grown under an agroecological system and a carrot grown in a heavily chemically fertilised, very worn-out soil.

I am aware that I have been speaking for some time, but I will refer briefly to Amendment 84 in the name of the noble Lord, Lord Teverson, on agroforestry. As he was saying, this has to be central to models of the future. If noble Lords have not been to the wonderful Wakelyns, the organic agroforestry research and development site in Suffolk, I urge them to visit and see what can be achieved. It is an inspiring case study and helps demonstrate the principle that agroforestry, broadly speaking, is one-third more productive than simple arable production.

Finally, I come to the amendment in this group that appears in my name. I thank the noble Lords, Lord Randall of Uxbridge and Lord Greaves, for signing it. Amendment 117 refers to meadows and semi-natural grasslands. I pay tribute to the campaigning group Plantlife, which did most of the work on this amendment. Noble Lords might recollect that last Saturday was National Meadows Day, which gave us a chance to reflect on the fact that we have lost 97% of our meadows since the 1930s. These beautiful, hugely valuable, biodiverse environments actually produce very healthy food for animals. We have been talking about the value of diversity in human diets; the same applies to animals. They are also crucial, of course, to our pollinators, which are central to so much of our food production. Having lost 97% of them, this amendment puts into the Bill the principle that we simply cannot afford to lose any more. This, as with many of our upland landscapes, is a hugely valuable, internationally precious resource that we have to protect. I ask noble Lords to consider ensuring that we include it in the Bill.

[Baroness Young of Old Scone [V]]

My Lords, I support Amendment 40, to which I have put my name. It talks about financial assistance for establishing and maintaining agroforestry systems. I also support Amendment 84, which lays out what agroforestry actually means. I feel slightly guilty about this, because having pointed out on our first day in Committee the problems of this being a Christmas tree Bill that everybody wanted to hang a bauble on, here I am with a cherished bauble, because agroforestry systems have major benefits.

I should declare an interest as chairman of the Woodland Trust. Combining trees and farming is a very long-established system. Trees are a crop in themselves, but in combination with agriculture they also help nature, combat climate change and protect water, as well as being good for soil protection and animal welfare. For example, sheep with access to shelter belts of trees produce bigger lambs and suffer less ewe and lamb mortality. I offer my support to this amendment to probe and explore with the Minister how the Government will ensure that agroforestry might receive public funds under the terms of the Bill, since it undoubtedly delivers public goods.

Agriculture Bill

Baroness Young of Old Scone Excerpts

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

[The Duke of Wellington (Non-Afl)]

My Lords, I rise to comment briefly on and support three amendments. I should declare my agricultural interests as detailed in the register. The first is Amendment 37, in the name of the noble Baroness, Lady McIntosh of Pickering, relating to pasture-fed livestock. There is much evidence that extensively grazing livestock on pasture, both lowland and upland, is the most efficient way to convert grassland into a food product for human consumption. Feeding concentrates to livestock is certainly a great deal less efficient in terms of use of resources. On arable land, cereals and similar plants should ideally be grown for human consumption. We have plentiful grasslands in the United Kingdom. They absorb carbon, if correctly managed, and produce food, if grazed by the right breeds of livestock, so I strongly support Amendment 37.

I also support Amendment 78, in the name of the noble Lords, Lord Bruce and Lord Greaves. Hill farms are of great concern, particularly the smaller ones, to me and many others. They are all marginal, almost by definition. More than their total profit comes from current forms of financial support. I have an amendment in a later group which seeks to protect the basic payment for the next three years for smaller farms in less favoured areas. All these farms, almost without exception, lose money, and they survive only through financial support, so, using the words in the amendment, I certainly support that Ministers should,

“have regard to maintaining support for”

these small farms. When the Minister replies, it would be very helpful if he could give us some reassurance on this matter. I also hope that the noble Lords, Lord Beith, Lord Greaves and Lord Wigley, may support my Amendment 149 which comes in a later group.

The third amendment which I shall support is Amendment 91, in the name of the noble Earl, Lord Devon. He specifically refers to wetlands. I think he has in mind lowland wetlands, but in many upland areas there are very important wetlands. They are an important absorber of carbon. Many of these upland wetland areas have sphagnum moss and other plants that absorb a great deal of carbon. If the noble Earl believes that it is advantageous to include wetlands in the definitions, I am happy to support him.

These three amendments would improve the Bill and, if they are brought back on Report, I will be happy to support them.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I would like to make a general point about this group. We have a considerable number of amendments to Clause 1. They add further purposes for which the Secretary of State can give financial assistance. In my view, the Bill runs the risk of becoming a bit of a Christmas tree—everybody wants to hang a bauble on it. Many of these baubles are lovely. They highlight important activities which the new environmental land management scheme should support, such as integrated pest management and nature-friendly farming. I have signed to support some amendments, such as those on agroforestry and agroecology, so I am as guilty as many noble Lords in wanting to hang baubles on this Christmas tree as it passes. We all want our bauble to shine to impress on the Minister how vital they are so that he will consider whether these additions could be added to the Bill.

However, I think we need to examine our conscience and look at whether some of these proposals can be delivered under the current purposes in Clause 1, since they clearly come under the heading of improving the environment, mitigating climate change or improving soil et cetera. Many of them are about management practices rather than the purposes that those management practices are intended to deliver. So, although I will polish my baubles nicely when the amendments I have signed come up in order to impress on the Minister that they are important issues, I think we all have to ponder whether we really want the Christmas tree to crash to the ground overwhelmed by the weight of amendments in its first clause and to create an overly complicated framework for the future of agriculture and land management.

I shall also comment on those amendments in this group that could be interpreted as a return to payments directly for food production. We all know from the past that that distorted markets, encouraged environmental harm and ended up being a rather poor use of taxpayers’ money. The Bill needs to be much more visionary than that. It is a ground-breaking opportunity to set a new UK-based framework for agriculture. It needs to be focused with rapier precision, not a loose, baggy monster.

Finally, I support Amendment 1, which requires that the Secretary of State “must” fund the public goods that are listed in the Bill, rather than a discretionary “may”. We need a duty on the Secretary of State, not simply a power.

[Baroness Mallalieu (Lab) [V]]

My Lords, I support Amendments 37 and 78. A great many noble Lords from all sides of the House have done so with great eloquence, so I will cut my speech short. The Bill needs to be beefed up in relation to pasture-fed grazing systems and support for hill farms and other marginal land.

In speaking as I do, I declare an interest in addition to those set out in the register as a patron of the Exmoor Pony Society and as someone with a particular interest in the conservation of rare breeds. I follow on from the remarks that have already been made by the noble and learned Baroness, Lady Butler-Sloss. Version 1 of the Agriculture Bill contained no provisions such as those which are now set out in Clause 1(1)(g), which provides the possibility of financial assistance for,

“conserving native livestock, native equines or genetic resources relating to any such animal.”

In tandem with the noble Lord, Lord De Mauley, who I think is going to speak later, if this version 2 Bill had emerged with the same deficiency, we had intended to try to introduce just such a provision, so I am grateful that this second version made good that deficit as a result of a number of approaches from the Rare Breeds Survival Trust and many others, assisted, I do not doubt, by the Secretary of State for the Environment’s personal knowledge and appreciation of the value of the British Lop pig, a breed on the endangered species list.

It was therefore with some dismay that I saw Amendment 27, tabled by the noble Lord, Lord Lucas, which proposes to widen the clause from native livestock to all livestock at a time when we all know that funds are going to be very limited. Were he to succeed, he would so water down the provision that the very purpose of this paragraph would be rendered pointless. The Explanatory Notes to the Bill say that it is,

“to provide financial assistance for measures to support the conservation and maintenance of UK native Genetic Resources relating to livestock or equines.”

A dilution of such funds as are likely to be available would necessarily weaken our ability to meet our obligations under Aichi target 13 of the biodiversity convention and United Nations sustainable development goal 2.5, both of which require us to conserve the diversity of our livestock breeds.

The amendment would remove something which I believe could be a means of encouraging and incentivising farmers to invest in rare and native breeds, many of which have gone already. We are only just at the very beginning of an appreciation of the genetic bank that we possess in relation to our native breeds. We are only just beginning to carry out widespread genetic testing, which is revealing just how precious and potentially valuable some of those genetic qualities are. A genetic ability to cope with extreme weather conditions, such as that possessed by the Dartmoor hill ponies of the noble and learned Baroness, Lady Butler-Sloss, the ability to thrive on inferior pasture, like the Exmoor pony, and docility, good mothering abilities and not running to excess fat, like George Eustice’s British Lop pigs, have not just an actual value but a potential one, which is as yet often unknown.

Some people still keep these breeds because they like them, out of tradition or sentiment, or due to local culture, which is not unimportant. However, without an incentive to farmers to conserve them, which is often the case at present, many have been lost and many more are under threat. Clause 1(1)(g) is their lifeline, and I hope that it will not be cut.

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[Baroness Young of Old Scone [V]]

My Lords, I am afraid that I want to take a different position from several noble Lords who have already spoken about the amendments in this group. I speak specifically to reject Amendments 64 and 106 and other amendments in the group that would restrict payments to agricultural, horticultural and forestry land only. This Bill is about delivering public good through land management, and the environmental land management scheme will be one of the major ways in which the Government’s 25-year environment plan will be delivered. Therefore, although many of these public goods will be delivered by farmers and farm businesses, not all of them will: for example, restoration of non-agricultural habitats, such as blanket bogs, and the creation of non-commercial woodlands, such as community woodlands, both of which are important for combating climate change. I therefore do not support these amendments, which would limit the scope to agricultural, horticultural and forestry management rather than wider land management. These would reduce the Bill’s effectiveness in delivering its key purposes.

A number of noble Lords have said that this is an Agriculture Bill and so it should be about farmers and food production. I do not agree: I believe that this Bill is not about modest changes in the way we support and incentivise farmers but about how in the future we support anyone who manages land to deliver the things that the nation needs from the land. This will include food production, but it will also include a wide range of other things. This Bill is not simply about filling the gap left by leaving the common agricultural policy; it is about setting a vision for the future of the way the scarce resource of land is managed. Farmers will form a vital part of this transition and need to be helped and supported to make this transition, but it cannot be about farmers alone. Can the Minister assure me that the restrictions in these amendments will not be accepted?

I turn to Amendments 118 and 121 in the name of the noble Baroness, Lady Parminter. I share her view that the checking, enforcement and monitoring of the new financial support schemes cannot be optional: they have to be required on the face of the Bill.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

I understand that the noble Baroness, Lady Mallalieu, has scratched, so I now call the noble Lord, Lord Empey.

Fisheries Bill [HL]

Baroness Young of Old Scone Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 24th June 2020 Lords Chamber

[Baroness Young of Old Scone (Lab) [V]]

I thank the Minister for his explanation of Amendment 55. It was slightly mystifying when Schedule 10, which was brief and pithy and revoked four articles and one annexe of the common fisheries policy regulation, suddenly spanned eight pages of the Marshalled List. Some of this is tidying, as the Minister says—although I am not wholly convinced that tidying needs to be done at this moment.

Many of the provisions are in reference to the fisheries objectives. Can the Minister confirm whether the schedule would need to be amended further if your Lordships’ excellent amendment on the sustainability objective, which we voted for on Monday, were upheld in the other place or—dare I say—accepted by the Government? He also mentioned provisions relevant to the landing obligation and to multiannual plans for stocks, which give the Secretary of State powers to make decisions that depart from some of the requirements of the Bill as a result of a “relevant change in circumstances”. I understand that flexibility is required owing to relevant changes of circumstances, but can the Minister tell us what safeguards will be put in place to ensure that those powers are not overused?

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I have just a couple of questions. Can my noble friend the Minister reassure us that this is not a change of policy? It is good to have the opportunity to discuss these amendments as part of our discussions on the Bill.

My noble friend said that under the review, particularly when a calendar year is being replaced by

“such year or other period as may be specified in the determination”,

this would be based on scientific evidence. In order to be absolutely clear, may I ask what that scientific evidence will be? Will it include not just the home scientific evidence that we have from England, Scotland and other parts of the UK but scientific evidence from ICES?

I have two anxieties. As my noble friend explained, changing the period from a calendar year could be eminently sensible, but would it not be better to say something like “such year or part-year as may be specified in the determination”? The amendment as drafted is quite open-ended. I would like some reassurance that we are not looking to set, for example, a 20-year value. The ability to use a non-calendar year, or a part-year, seems useful, and I could support that. I just want reassurance that we are not going to see 20 years’ catch allocation being taken in the first year, which would obviously lead to a disproportionate result. I hope my noble friend can reassure me on that.

Amendment 33 is about issues involved in setting the quota of catch or effort for English purposes. Are those issues affecting the setting of the quota of catch or the effort for English purposes only? It suggests that only the EU quota will count as quota that can be overfished, but can my noble friend explain the position of quota that the UK sets for whatever reason? Surely, we in the UK need to know what is happening to stock for which we are responsible. If overfishing is not recorded, how can we address the issue? This is a matter of taking the scientific evidence and the actual recording over whatever time period, whether it is part of a year, and to rule out a 20-year period in the first instance. That is what I am particularly concerned about. Lastly, I would like a reassurance that this is not a change of policy.

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[Baroness McIntosh of Pickering [V]]

My Lords, I congratulate the noble Baroness, Lady Jones of Whitchurch, on bringing forward this debate on a key topic in the Bill. I agree entirely with the comments made by the noble Baroness, Lady Ritchie, and the noble Lord, Lord Kennedy: the key to coastal community economic success is processing activities. The noble Lord, Lord Kennedy, put so eloquently how these have been devastated in communities such as Grimsby.

There is another side-effect. If we do not have a national landing requirement, as set out in this amendment, I struggle to see how we can apply Clause 28, in which the Government hope to introduce a discard prevention charging scheme. My noble friend will recall my disappointment that we have moved away from discard being an objective in Clause 1, but we are now going to have a discard prevention charging scheme. A bycatch objective has now been added to Clause 1. How can we police the bycatch and impose a discard prevention charging scheme if we do not have a national landing requirement?

[Baroness Young of Old Scone [V]]

My Lords, I support this amendment in the name of my noble friend Lady Jones of Whitchurch. The situation reminds me of what used to happen with EU structural funds, which were intended to promote regional development and often funded roads and railways into remote rural areas. These promptly allowed all primary agricultural and other products and skills to be sucked out of those rural areas and processed elsewhere, which resulted in more impoverishment of the very areas the investment was intended to help. We do not want an example in the Fisheries Bill of inadvertent consequences of this sort.

Bearing in mind that we are repatriating and setting forth towards a brave new world of our own fisheries management independence, it is highly appropriate that this amendment aims at ensuring that our new fisheries regime will make sure that UK producers, processors and coastal communities play a full role in a thriving and sustainable fisheries market, and at the promotion of UK jobs and skills. This is a highly appropriate amendment.

[The Deputy Speaker]

I call the noble Lord, Lord McConnell of Glenscorrodale.

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[Lord Lansley (Con)]

My Lords, as I did on Monday, I draw attention today to my interest in a company that essentially operates in Brussels but is in partnership with another agency, which, in turn, has UK Fisheries Ltd as a client. It is not our client but the client of the other agency.

I am grateful to the noble Lord, Lord Teverson, for adding his name to Amendment 51. Its purpose is to provide that where the Secretary of State, although for these purposes it says:

“The Secretary of State and Ministers of the Crown”


to make it clear that it encompasses all members of the Government, is engaged in international agreements that could be “relevant to fisheries policy”, they should have regard to the fisheries objectives. Clause 10 makes it clear that if the fisheries policy authorities are exercising functions relevant to fisheries, fishing and aquaculture, they must do so by reference to the joint fisheries statement, the Secretary of State’s fisheries statement or the fisheries management plan. To that extent, in exercising any function—including, presumably, annual negotiations on fisheries, for example—the Secretary of State would do so by reference to and with regard to the fisheries objectives. That is not the issue.

The issue in my mind, which is why my amendment is here, is that there are agreements which would not necessarily be confined to fisheries but would be relevant to them and have impacts on fisheries negotiations. For example, if one were to look at the subsequent Clause 23, the power to determine fishing opportunities derives from international obligations. Those may be in international law but, more particularly, they may be derived from negotiations between the United Kingdom and the European Union—or, for that matter, between the United Kingdom and other states such as Norway or Iceland, the Faroe Islands or Greenland. My contention is that those international agreements would not necessarily be confined to fisheries.

While I might like to agree with the Government’s proposition in this respect, I have to say that it is unrealistic. The Government’s assertion is that fisheries, trade and market access must be kept separate. If that were indeed true, the problem that I perceive would not eventuate. But it is not true—there is a connection between the two.

I pray in aid the Chancellor of the Duchy of Lancaster, who, on 19 May in the other place—I believe he was physically in the other place, although it was a Hybrid Proceeding—made a Statement on the state of EU-UK fishing negotiations. He said of the EU’s approach:

“The EU … wants the same access to our fishing grounds as it currently enjoys while restricting our access to its markets.”—[Official Report, Commons, 19/5/20; col. 503.]


So I have it on the strength of the Chancellor of the Duchy of Lancaster that trade, market access and fisheries quota are linked—and they are linked in these negotiations. The Government have to acknowledge that their hope is wrong; they are not wrong to hope, but wrong to think that it will actually happen.

The Government’s position is very interesting. They say that they want to keep fisheries and trade issues separate. They also say that they want us, as an independent coastal state, to be like Norway. These are two perfectly reasonable propositions, but the trouble is that Norway does not keep trade and fisheries issues separate. So, the Government’s two propositions do not work. Why do I believe this to be the case? The House of Commons Library briefing from only some six weeks ago, in reference to Norway’s entry into the European Economic Area, said—I apologise that it is a longer quote—that

“at an early stage in the European Economic Area agreement negotiations, the European Community”—

as it then was—

“made it clear that the quid pro quo for any trade concessions it was prepared to make in respect of imports of fishery products from EFTA states would be increased access for EC fishing vessels to the fishery resources found in the waters of EFTA states.”

So market access and fishing quota are linked, and they have been linked even by the Norwegians.

Of course, the truth is that Norway and other states like it, including even Iceland, are surprised that we have not linked the two. As far as they are concerned, there is leverage on the UK’s part in that we are a very substantial market for the fishery products of the fishing fleets of Norway and other such states. They are expecting that leverage to be used to secure continuity arrangements for the United Kingdom fishing fleets in relation to the quota that we presently enjoy, not in Icelandic waters but certainly in Norwegian waters. More to the point, they are expecting us to seek additional access, and they are expecting these two things to be linked. I think they are surprised that the United Kingdom has not already proceeded down this path; perhaps the Government do not have the bandwidth to think beyond the EU negotiations to realise that it is perfectly possible to have these negotiations in a substantive way—with Norway, for example, or even with Iceland—before the point at which we have concluded our EU negotiations.

My contention is that there are negotiations that are not strictly fisheries negotiations—the EU-UK negotiation on a free trade agreement is a present and substantial example—being conducted by a Minister other than the Secretary of State and where this Bill, were it an Act, would not bear upon those negotiations. So, I am looking for the fisheries policy objectives—as stated, not least by the Secretary of State in the Secretary of State fisheries statement—to be reflected in the objectives of the Government in international negotiations. That is the message that I want to hear from my noble friend on the Front Bench.

I understand that putting into an Act of Parliament a duty for Ministers to have regard to specifics in international agreements is somewhat prejudicial to the prerogative power of Ministers in those negotiations. It happens sometimes, but it is generally avoided by Governments because, down that path, we arrive at the point where Ministers are mandated in international negotiations and are unable to reach the conclusions and comprises that they have to reach.

What does that compromise look like in the EU negotiations? It is interesting. It bears directly on the implementation of this Bill when it becomes an Act. I may be wrong but, in my view, what were originally apparently incompatible positions—those of the European Union and the United Kingdom Government—have moved, in the sense that the European Union has said that it is willing to accept the principle of annual negotiations. As I understand it, it has even accepted that zonal attachment may have a role to play in future, but its starting point, of course, is that there must be maintenance of the relative stability mechanism and adherence to historic catch levels.

If I understand the United Kingdom Government’s position and the EU’s position, there is clearly room somewhere for a compromise. That compromise is that, starting from our position now and in a process of annual negotiations with some movement beginning in the first year, we move away from historic catch levels and the RSM and moving toward zonal attachment. The question is: at what pace? Finding that compromise and the pace of movement will be key because neither side will be happy. Of course, that is often the essence of comprise: nobody is entirely happy but, equally, nobody is entirely disappointed.

I use that as an instance. These are important negotiations. They will have significant impacts on the fisheries industry, clearly. They are being conducted not by the Secretary of State but by the Government and led by a Minister other than the Secretary of State who is not a fisheries policy authority. I therefore want to know from my noble friend that the Government will —in these negotiations and in those that they conduct internationally, such as with Norway, Iceland, the Faroe Islands, Greenland and others—have regard in future to the statements made about how they and the devolved Administrations propose to implement and achieve the fisheries objectives. I beg to move.

[Baroness Young of Old Scone [V]]

My Lords, this feels a bit like Groundhog Day because I jumped the gun yesterday and set off in support of Amendment 51 in the name of the noble Lord, Lord Lansley, only to discover that it had been degrouped. Nevertheless, what was worth saying yesterday is worth saying today. I commend the noble Lord on a rather neat amendment. As he eloquently outlined, it aims to make sure that important elements that we are trying to deliver through this Bill are not traded away as a result of negotiations being run by people other than Fisheries Ministers.

Yesterday, I said that I remember vividly successive occasions when the noble Lord, Lord Deben, was Secretary of State—first for agriculture and then for the environment—and he used to come back and tell me and other NGOs in a rather crest-fallen voice that he had not been able to get what he wanted because a side deal had been done on something totally unconnected to the agricultural or environmental issue that he was trying to pursue. It could be as strange as an automotive deal, a backdoor pact on an immigration issue or whatever.

I support the point made by the noble Lord, Lord Lansley: there is absolutely no point in having a Fisheries Bill that talks about fisheries and sustainability objectives if in fact they can be traded away in other negotiations elsewhere. I very much support this amendment.

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[Lord Cameron of Dillington [V]]

My Lords, remote electronic monitoring will be hugely important to the future management of our fisheries, for a variety of reasons.

First, we do not have the resources to police all our waters. We will soon have the largest independent national fisheries area on the continent. If no one can fish our waters without REM, both home boats and foreign boats, at least we will know, in real time, what is going on and whether boats are fulfilling their obligations under their licences.

Secondly, it is said that 40% of all catch taken in Europe is currently caught in what will become British waters, so if we can strictly manage and police that catch all around the UK, we will have a chance of leading the field and becoming an example to others in managing a sustainable fisheries regime.

Thirdly, we all know that discards are still happening, as the noble Lord, Lord Teverson, mentioned. While sympathising with the problems of choke species, we have to be firm about this, while of course helping and encouraging the industry to find its own non-discard solutions—one of which is the intelligent use of REM, which I will come to.

The main reason for REM, which I would like to focus on, is data, as the title of this amendment highlights. Data is vital to the proper management of our fisheries and is in relatively short supply. That is why there are often disputes between scientists and fishers about the accuracy of the data on which MSY figures are based, and whether this data is sufficiently up to date, et cetera. Now we have the chance of every single fishing boat becoming a scientific research vessel, sending back data on an hourly basis.

The Government have announced that they would like to change the basis of the quota system from relative stability to one of zonal attachment. For that you need a lot more data analysis, because the main idea behind zonal attachment is that you look at the entire life cycle of the fish, where they live at any particular point in time and where and when they are of the right size and in the right quantities to be caught. You need an awful lot of data to make the right assessment, and, of course, that data will vary for each individual species.

We must remember that the seas are always changing, and so are the habits and population development of the fish within them. So it is only right that the industry should play a major part in the data gathering needed for modern fisheries management. Furthermore, as I mentioned in Committee, one of the tools for avoiding the overcatch of choke species is giving the fishing boats real-time knowledge of what is being caught and where, so that they can more easily avoid the choke problem areas. Again, for fisheries authorities, real-time data is vital to help them control the problem of overfishing. Norway and Iceland already impose real-time closures of areas of water where sensitive species are suddenly being overfished, but the key to this policy is detailed and open data, provided by REM.

Eventually, all boats, including the under-10s, will have to have REM on board. As the noble Lord, Lord Krebs, touched on, I cannot believe that supermarkets will—or should—continue to allow sales of fish from their counters which have come from boats of whatever size that are not totally open about what they have caught and where. So the supermarkets, too, should be insisting on REM.

The national administration in the USA has recently taken the decision on REM that there is no need for further piloting; they just need to get on and do it. New Zealand has also taken the decision to roll it out across the whole of its fleet. I believe that we should do likewise.

[Baroness Young of Old Scone [V]]

My Lords, we talked a lot about REM in Committee, and it remains the case that, as the noble Lord, Lord Teverson’s Select Committee report stated, without REM there will be no real way of establishing whether discards are still happening and whether catch limits are being observed. Universal REM would mean better data for fisheries management, as the noble Lord, Lord Cameron of Dillington, has just outlined—and of course, for enforcement.

At the moment about 60% of the UK’s shellfish stocks have unknown status, and not much is known about several vulnerable bycatch species. Enforcement is patchy, with the current at-sea inspections regarded as just bad luck by some operators, since less than 1% of trips are independently monitored. REM would vastly increase the level of enforcement in a cost-effective way.

In their response to the Committee’s report, the Government recognised the effectiveness of REM in monitoring fishing activity and bringing full compliance with the landing obligation. We know that many other countries have adopted or are adopting REM—New Zealand, British Columbia, part of the US—and in this post-Covid period of digital leaps forward, it seems sensible for us to adopt a modern methodology for the collection of data and for monitoring and enforcement. So let us just do it—and if it is for England only, let us still start there.

[Lord Mackay of Clashfern [V]]

My Lords, the matter of REM is of the utmost importance. Of course, it already exists in the industry. For example, vessels over 12 metres carry transponders which provide data on vessel location, being satellites at sea. This is a strong aid to effective monitoring, control and enforcement in relation to the work that the boat does. Likewise, electronic logbooks for vessels over 10 metres in length and a mobile phone catch app for vessels under 10 metres, have strengthened the flow of information necessary for the effective management of our fisheries.

CCTV cameras have already been used successfully on a voluntary basis in the United Kingdom and Denmark in projects to provide assurance that cod catches, for example, are kept within permitted limits. Other initiatives using CCTV in a similar way have helped scientists understand specific catch patterns, and provide useful advice to fisheries managers. REM undoubtedly has an important role to play in the future management of UK fisheries.

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[Baroness Young of Old Scone [V]]

My Lords, there has been much toing and froing between Committee and Report about the virtues and downsides of maximum sustainable yield. I am glad that the noble Lord, Lord Krebs, has not fully abandoned the concept as he was first minded to, and has tabled these two amendments to strengthen the position. I support them for all the reasons that he outlined and which I will not reiterate at this hour. I do hope the Minister can confirm that the Government would intend to move forward on both the use of real data and the whole ecosystem approach.

Fisheries Bill [HL]

Baroness Young of Old Scone Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[Lord Randall of Uxbridge [V]]

My Lords, as previous speakers have said, this is a fundamental part of the Bill, and I feel very strongly that environmental sustainability is the crux of this matter. I heard the arguments of my noble friend Lord Blencathra, and as always, they are very strong. I do not doubt the Government’s intentions on the environment and on the sustainability of stocks, but it should be on the face of the Bill. If you do not have environmental sustainability, it is obvious that the other issues we are talking about are irrelevant, because there will be no fish, and no economic advantages. It is absolutely fundamental. I urge my noble friend the Minister to accept this amendment, otherwise I will find myself having to support it in the Division Lobby.

[Baroness Young of Old Scone (Lab) [V]]

I support Amendment 2 in the name of the noble Lord, Lord Krebs. The end of our participation in the common fisheries policy is a real opportunity, which we must not miss if we are to ensure that this self-determined fisheries policy for the first time has a firm foundation in sustainability. I too was rather unconvinced by the account by the noble Lord, Lord Blencathra, of how balance needs to be achieved in these discussions and decisions. So often the environment does not get a fair shout in these questions of balance. Fisheries, aquaculture, economic and social interests all rightly have a voice, but in some cases those voices are disproportionately loud, and this amendment ensures that environmental sustainability also has a voice. This is fundamental, as many noble Lords have said, not only for our seas but to prevent overfishing and to support sustainable fisheries and coastal communities. In the truest sense, it would be a real shame if we did not ensure that this opportunity was enshrined on the face of the Bill.

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[Baroness Ritchie of Downpatrick [V]]

My Lords, I support the amendment in the name of the noble Lord, Lord Teverson. As the UK shares more than 100 stocks with the EU, it is critical that a clear and robust approach is developed to the management of shared stocks, to perhaps avoid another mackerel war, where coastal states set their own unilateral catch limits above scientifically recommended levels. If accepted, this amendment, along with Amendments 12 and 13, would ensure that the joint fisheries management statement and fisheries management plans were drawn up jointly with any coastal state that shares stocks with the UK, recognising that the management of shared stocks must be co-ordinated at a supranational level.

As the noble Lord, Lord Teverson, said, co-operation in this matter is inevitable, as has already been stated by the chief executive of the National Federation of Fishermen’s Organisations. Only this morning, I was talking to the chief executive of the Anglo-North Irish Fish Producers Organisation, and he too agreed with the sentiment. He also suggested, as I now suggest to noble Lords, that that is possible if you follow the scientific advice, which I have no doubt that the quota arrangements will be based on.

I look towards the Irish Sea, which is adjacent to me. It is managed on a joint basis already, as it was prior to our membership of the European Union, through the Wassenaar agreement between the old Northern Ireland Parliament and the then Government of the Republic of Ireland. That has since been implemented through legislation, because a Supreme Court judgment required it. Having said that, with the UK leaving the EU, I was pleased that the Minister provided me with an undertaking at Second Reading that that agreement would still stand and that the outworking of that agreement would still enable that joint working and joint management plan between the two jurisdictions that covers the Irish Sea in terms of fisheries to continue.

My argument is if that can take place at the moment, as it has over many years, why can it not take place in other discussions about joint management plans with other nations within and without the European Union? As the noble Lord, Lord Teverson, said, fish migrate, mate and multiply in waters, and do not respect territorial boundaries, so there is a need for the joint management plans to be discussed with other coastal states to ensure that we achieve what is in the best interests of our fishing industry and our fishers.

[Baroness Young of Old Scone [V]]

My Lords, I too support Amendments 8, 12 and 13, tabled by the noble Lord, Lord Teverson, and others, which take account of the fact that, as he said very vividly, many fish stocks swim across the boundaries of UK waters and need to be planned for in conjunction with other fishery states. I am aware that these considerations are normally included in coastal state negotiations as they are currently conducted, but there is a need for the Bill to have a simple reinforcement that would be met by putting these amendments on the face of it.

Amendment 51, also in this group, is a rather neat amendment, tabled by the noble Lord, Lord Lansley. It aims to ensure join-up across Government when negotiating international arrangements other than fisheries to ensure that the fisheries objectives are not forgotten or traded away in other international negotiations. Alas, we already see examples of this emerging in the US trade deal, impacting not fisheries but agriculture. I recall that the noble Lord, Lord Deben—we do not know whether or not he is in his place—when he was Minister for agriculture and then for the environment, used to come back from international negotiations and report to the environmental NGOs in a somewhat crestfallen manner that one of his aspirations had bitten the dust in the negotiations as a trade-off for some abstruse automotive deal or in a backdoor pact on an immigration issue. This amendment would at least ensure that our UK negotiators across departments would by law have to respect the fisheries objectives—as amended, I hope, by this evening’s overarching sustainability objective from the noble Lord, Lord Krebs.

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[Baroness Ritchie of Downpatrick [V]]

My Lords, I find that I have a certain sympathy with Amendments 9 and 28. Like the noble Lord, Lord Lansley—who moved Amendment 9—and the noble Lord, Lord Cameron of Dillington, I think that it is important to link the fisheries objectives to the practicalities of the Bill in terms of outworking, effort quotas and quotas generally. Can the Minister clarify whether those will be based on the science in terms of historic catches?

For a long time, fishermen, the fishing industry and fishers generally were concerned that quotas did not always relate to what was in the sea—that is, the volume of particular species of fish. They felt that the science was not necessarily always accurate. I would appreciate it if the Minister could provide in his winding-up speech an update on how the outworking of the Bill, including the intentions of this amendment, will reflect the requirements regarding gear and the science, as well as how the science will direct and fuel the quota arrangements and allocations, so that fishermen do not feel that they are penalised in future.

[Baroness Young of Old Scone [V]]

I thank the noble Lord, Lord Lansley, for sorting me out on Amendment 51 when I jumped the gun on the groupings. I also commend him for his two amendments in this group.

One regret with this Bill is that we did not have an opportunity to see a completely brand spanking new Fisheries Bill that codified all the legislation, irrespective of whether it came from Europe or was domestic. That would have been a once-in-a-generation opportunity. The noble Lord, Lord Lansley, has done that for this particular element of the common fisheries policy and has translated it into a brand spanking proposed new clause for the Bill. I very much support him in that. Perhaps we should have got him to write the fisheries legislation in its totality, but I remember what happened when we let him loose on the NHS legislation—we did not much like what he produced—so perhaps that is not such a good idea after all. Well done to him on this piece of redrafting. I hope that the Government accept that this particular piece of this patchwork Bill has been codified successfully.

[The Deputy Speaker]

The noble Baroness, Lady McIntosh of Pickering, does not wish to speak on this amendment so I call the noble Lord, Lord Teverson.

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[Lord Randall of Uxbridge [V]]

My Lords, I will speak to Amendment 10 in the name of the noble Lord, Lord Teverson. I am attracted to the amendment and agree with the point, which he made very clearly, that there is a need for ambition. However, as I have looked at it more and more, I have not been convinced that this could be achieved in this manner. I do not see what “or above” actually means. Sustainable level surely means a minimum level, but if you then said that you were going to have the stocks higher, in order to fish higher, then they become sustainable. I agree 100% that we must be ambitious in restoring those stocks to previous levels as best we can, but I am not sure that this is the way forward. I wait to hear what the Minister says; I hope she will reassure me that the Government have every intention of helping the ambition to do more than just keep at sustainable levels.

[Baroness Young of Old Scone [V]]

On Amendment 10, the noble Lord, Lord Teverson, talked about having ambition beyond simply restoring stocks. This is also an issue of practicability. Fisheries management plans will, I hope, be science-based, but on occasion the management of stocks with a precautionary approach will mean that the stocks recover above sustainability levels. Under the Government’s proposed arrangements, fisheries management plans might not have that flexibility and would not envisage going above those levels. Therefore, this amendment is required to give the flexibility of fish not obeying science in every jot and tittle.

[Lord Cameron of Dillington [V]]

My Lords, I shall speak to Amendment 14 in the name of the noble and learned Lord, Lord Mackay of Clashfern, and I apologise to him that I did not add my name to it. Somehow, in my muddle of the various sheets of amendments, I managed to miss this one until I saw it on the Marshalled List.

When I made my plea in Committee for the need for much firmer links between the aspirational objectives in Clause 1 and the more practical implementation details in the rest of the Bill, the noble and learned Lord, Lord Mackay, was sympathetic to the principles that I tried to set out but, rightly, with his superior expertise, was not in favour of the way that I approached it or, for that matter, the wording of my amendment.

This, of course, is a much better amendment, which is why I should have added my name to it. Instead of starting from the objectives and looking forward to the various plans and statements, as I did, it takes the fisheries management plans and ties them in and back to the objectives, which is a much more sensible way of doing it. The same applies to Amendment 51, which we will come to on Wednesday and which ties international agreements on fisheries back into the fisheries objectives. Therefore, rather than repeating myself then, I announce now my support for that amendment.

In the same way as the Government have just accepted that the principles inherent in the objectives should be spelled out in the new Clause 25 with reference to the distribution of fishing opportunities, it seems to me that Amendment 14, tying the fisheries management plans back to the objectives, would be a very useful improvement to the Bill and worthy of government support.

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[Lord Lansley]

My Lords, Amendment 11 relates to the question of whether, if there is an inconsistency between the fisheries policy authorities in the preparation of a joint fisheries statement, there should be what has been described as a dispute resolution mechanism—some means by which that dispute between the authorities can be resolved so that the joint fisheries statement presents a consistent view across the United Kingdom. When we debated this in Committee, there were some deficiencies in the drafting of my amendment at that point, so I have come back with something that remedies at least those points, but it does not, of course, meet the Government’s objective. They believe that the existing mechanisms are sufficient, including the scrutiny of this Parliament and the other Parliaments and Assemblies in other parts of the United Kingdom, as well as the consultations leading to a joint fisheries statement.

However, I remind noble Lords that I tabled the amendment because of a briefing from the National Federation of Fishermen’s Organisations, which said that, under the existing concordat, which we are seeing a development from, the apparent nature of the agreements sometimes obscures the fact that there are differences and inconsistencies in the approaches taken between, in particular, Scotland and England. It cites two examples. It sees the transfer of fixed quota allocation units out of Scotland as a one-way valve: it is possible for fixed allocation units to be transferred into Scotland, but the Scottish administration makes it difficult for them to go to England. Likewise, it says that the transfer of vessels and licences out of Scotland has been made more difficult by obstacles presented by the interpretation of the rules in Scotland. I do not want to debate those details—they are matters for the National Federation of Fishermen’s Organisations—but it wants to be clear that, if the joint fisheries statement betrays a lack of consistency in the application of the rules, it wants there to be a mechanism by which an independent reviewer could be brought in to provide some means of resolution.

I am asking for an assurance from my noble friend about the vigilance that will be given to the process of achieving consistency, because the joint fisheries statements will begin to fall down if people believe that they are a cover for inconsistency under the surface. On something such as, for example, the equal access objective, it is stated in the fisheries objective that it must not be narrowly construed and that what we must be looking for is something that ensures that there is literally equal treatment, if I can put it like that, not just equal access, of English-based vessels and English-based owners in relation to Scottish waters and Scottish opportunities in the same way that there are opportunities for those based in Scotland in relation to English quota and the like. So, in moving Amendment 11, I am looking for that kind of assurance from my noble friend in response to this short—I hope—debate. I beg to move.

[Baroness Young of Old Scone [V]]

When I originally read this amendment, I thought I supported the proposal made by the noble Lord, Lord Lansley, for an independent review if there was disagreement among the fisheries policy authorities. However, the more I thought about it, the less I liked it. The problem with independent reviewers is that the selection of them does not always do the business, especially when environmental, economic and social considerations need to be balanced within a requirement for sustainability. Independent reviewers are often identified as having come from one or other of the sectors involved, and their background is deeply suspected by people from the other sectors.

We have just had a perfect example of that in the recent so-called independent review of HS2 costs and benefits, with the result that ancient woodlands are being comprehensively trashed along the length of England. So I hope that the Minister will meet the request made by the noble Lord, Lord Lansley, and come up with some other good idea for working through disagreements between the fisheries policy authorities that does not involve independent review.

[Lord Teverson]

My Lords, I will be very interested in the Minister’s reply.

Agriculture Bill

Baroness Young of Old Scone Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I declare my interests as chairman of the Woodland Trust, chairman of the Royal Veterinary College, a member of the Commission on Food, Farming and the Countryside and vice-president of the RSPB.

I want to say three things on the Bill. As noble Lords have said, it is a once in a lifetime opportunity. I know that the Government regard it as an enabling Bill, but such landmark legislation should have a bit more real meat on the face of the Bill to tackle the important future for farming, food, the environment and climate change. I welcome the Bill’s commitment to public money for public goods, but Ministers must ensure that the environmental land management schemes do not result in a basic level of payment that does not really deliver for the environment but looks like the same old farmers’ support system. There is a real risk of that.

Payments for agricultural productivity which are allowed under the Bill should explicitly be for sustainable productivity. The Bill has too many clauses where the Secretary of State “may” do worthwhile things, such as have an environmental land management scheme or provide financial assistance for public goods. The Bill should say that he “must” in these circumstances—we need duties, not simply powers.

My second point is that the Bill must have as its key principle support for a thriving and sustainable food and farming sector, while delivering public goods. But we know that the negotiation of a free trade deal with the USA could jeopardise the Conservative manifesto commitment that imports will not be permitted to the UK of food produced to lower environmental, animal welfare, food safety and employment standards. To do this would risk undermining UK standards and create unfair competition. Simply to slap a higher tariff on such imports, as is rumoured in the press, would not remove that risk. Trade Ministers continue to reassure us—we have now had a joint letter from the Trade and Environment Ministers. I quote the noble Lord, Lord Grimstone, a Minister in the Department for International Trade, who said last week:

“There will be no compromise on high environmental, animal welfare and food standards.”


We are also told that that might be contrary to World Trade Organization rules. Should that not have been thought of by the manifesto writers before they wrote their assurances? Will the Minister tell us what is going on? If there are such strong commitments, surely the Bill should be amended to require agri-food imports to have been produced to equivalent standards to those in the UK.

My third point is one that many noble Lords will have heard before, because it is my current hobby-horse. The list of public goods in Clause 1 that the agricultural sector is to be asked to deliver is very extensive, but these are not the only pressures on land, and they are growing. Land is needed for increased food security, carbon storage, biodiversity, flood management, trees and increased timber self-sufficiency, recreation and health, and built development such as housing, infrastructure and other needs. The Cambridge Institute for Sustainability Leadership found that, to meet a growing UK population’s food, space and energy needs, while protecting the nation’s natural capital, the UK would need a third more land—7 million hectares. I therefore call on the Government to commit in this Bill to develop a land use framework for England, within which these competing needs can be reconciled. Scotland, Wales and Northern Ireland all have land use frameworks already, and it is long overdue for England.

Food Supply and Security

Baroness Young of Old Scone Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Young of Old Scone (Lab)]

I thank the Deputy Speaker for letting me have a second go after I sounded like a Dalek the first time round. I thank the House broadcasting staff for their help.

The Covid crisis has revealed how fragile our food supply chains are in this country and how we need to increase our food self-sufficiency. I guess we will never be able to grow pineapples in Kent, but climate change will make food supply chains even more fragile, as the climate change committee recently reported. Before we make decisions on producing more of our own food, we need to consider the other demands for land: for carbon sequestration; to reverse the biodiversity crisis; for built development; for energy; and for access and recreation, which we all now know is so vital for physical and mental health.

The University of Cambridge Institute for Sustainability Leadership found that, to meet a growing UK population’s land use needs, we require a third more land than we currently have in the UK, so any policy of more home-produced food needs to be in the context of a land use strategy for England to set the framework for how we will optimise these competing land use requirements. Scotland, Wales and Northern Ireland have such strategies but the Government in England are very late to this issue. Gosh, that rings a bell, does it not?

We have a once-in-a-lifetime opportunity post Brexit to shape our own agricultural policy to be fit for a new, post-Covid future. Central to that must be food produced sustainably, working with the environment to make food production more resilient, rooted in local economies and produced to high environmental, animal welfare and food safety standards—not Trump’s trade deal standards. The Agriculture Bill needs to embed these principles. I commend to the Minister the reports of the Food, Farming and Countryside Commission, of which I am a commissioner. They well demonstrate the case for restorative agriculture and a land-use framework for the future.

Fisheries Bill [HL]

Baroness Young of Old Scone Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 11th March 2020 Lords Chamber

Moved by

[Baroness Young of Old Scone]

121: Clause 41, page 27, line 42, leave out subsection (1) and insert—
“(1) Before making regulations under section 36 or 38, the Secretary of State must—(a) prepare a draft (“the consultation draft”) of such regulations,(b) publish the consultation draft in such manner as the Secretary of State considers appropriate,(c) take such steps as the Secretary of State considers appropriate to secure that the consultation draft is brought to the attention of interested persons,(d) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by Parliament, and(e) on or before the first day of the scrutiny period lay a copy of the consultation draft before both Houses of Parliament.(1A) In this section “interested persons” means—(a) the Scottish Ministers,(b) the Welsh Ministers,(c) the Northern Ireland department, and(d) any persons likely to be interested in, or affected by, the consultation draft.(1B) Subsection (1C) applies if, during the scrutiny period—(a) either House of Parliament passes a resolution with regard to the consultation draft, or(b) a committee of either House of Parliament makes a recommendation with regard to the policies contained in the consultation draft.(1C) The Secretary of State must lay before Parliament a statement setting out the Secretary of State’s response to the resolution or recommendation.(1D) The Secretary of State must, in making regulations under section 36 or 38, have regard to any representations made to the Secretary of State about the consultation draft under subsection (1) or any resolution or recommendation made under subsection (1B).”Member’s explanatory statement
This amendment provides an additional requirement for authorities to lay the draft regulations before Parliament. It also requires the Secretary of State to “have regard to” any responses to the consultation, including any Parliamentary resolutions or recommendations.

[Baroness Young of Old Scone (Lab)]

My Lords, I rise to speak to Amendment 121 in my name, supported by the noble Lord, Lord Randall of Uxbridge. Better scrutiny of secondary legislation is a bit of a hobby-horse of mine. I hope that this is a good example of how we should look to improve methods of scrutiny of secondary legislation across the board but let us focus on this one for now.

When the various statutory instruments were going through the House, transposing European legislation into UK laws as part of the withdrawal process, we all bore the scars of quite restricted consultation and no publication of the statutory instruments in draft. The only real remedy available for those dissatisfied with the statutory instrument was to blow the whole thing out of the water, even under the affirmative procedure, a nuclear option that would have left us with no legislation in place at all.

The Minister, the noble Lord, Lord Gardiner, was excellent in talking to people about the statutory instruments he was responsible for. However, it still left us with the ability to talk about them but not to change them, because by that time they had been laid. This amendment reflects the fact that in this Bill a number of provisions give the Secretary of State powers to create secondary legislation, including for fishing industry or conservation purposes in Clause 36, and for aquatic animal disease purposes in Clause 38. These could be seminal and result in major changes to fisheries management measures. It is important that any changes are subject to a more extensive scrutiny process by stakeholders and the legislature.

Of course, the Bill requires the Secretary of State to consult before making new regulations, but this amendment provides an additional requirement for authorities to lay regulations before Parliament at the draft stage, while it is still possible to change them, and for the Secretary of State to have regard to any responses to consultations, including any parliamentary resolutions or recommendations. This reflects the super-affirmative requirements for scrutiny of secondary legislation in the Public Bodies Act 2011 and the existing consultation requirements for the joint fisheries statement, the Secretary of State fisheries statement and the fisheries management plans in Schedule 1, so it would not be out of line with other measures currently in the Bill. I beg to move.

[Lord Randall of Uxbridge (Con)]

My Lords, I support the noble Baroness in her amendment; she spoke very eloquently about the need for it. Having been in the other place for some considerable time, I know that it is always easier to change legislation when it is in the draft form. I have found that Governments of all colours are more loath to change once they have laid the actual regulations. Some of these are of sufficient importance that interested parties, including Parliament, should have a good look at anything being brought forward. That is the way forward and it will allow us to improve not just regulations. I am very keen to see this type of amendment in this Bill and others.

--- Later in debate ---

As previously highlighted, the Delegated Powers and Regulatory Reform Committee has twice looked at the delegated powers in the Bill. The committee did not raise any concerns about the scope of the powers under Clauses 36 and 38, or question the parliamentary procedures proposed for them. There has therefore been careful analysis of the powers and the affirmative process is required in many, appropriate, cases. Given these assurances, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Young of Old Scone]

I thank the Minister for her reply. I did not really hope or dare to dream that the Government would roll over on this one. I take the point that flexibility and improvements are important and that many of these pieces of secondary legislation will be about technical issues. But the question of ambition in this Bill comes into play here. The reality is that there could be instances where consultees would want to see more rather than less ambition in some of these technical solutions. When there is no ability to look at these statutory instruments in draft before they are laid, it becomes impossible to insert anything at that stage of the process. I am distraught and disappointed as usual when I talk about scrutiny of secondary legislation.

[Baroness Bloomfield of Hinton Waldrist]

I reiterate what I said about the amendment. It also replicates a duty in Clause 41(1) to consult the devolved Administrations and all other interested parties before making regulations.

[Baroness Young of Old Scone]

I thank the Minister for that clarification. I shall read Clause 41 more closely and beg leave to withdraw my amendment.

Amendment 121 withdrawn.

Fisheries Bill [HL]

Baroness Young of Old Scone Excerpts

Committee stage & Committee: 3rd sitting (Hansard - continued) & Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 9th March 2020 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist]

I am assured that the economic benefit objective will have some bearing on that.

[Baroness Young of Old Scone (Lab)]

My Lords, I have not spoken on this amendment, but I am pretty horrified with the way that it has gone, to be frank. Earlier in Questions, the Minister said that we had legislation that was going to be world class on the environment, agriculture and fisheries, and this Bill is retrenching by the minute to being an endorsement of the status quo. It is very disappointing.