Agriculture Bill (Twelfth sitting)

Daniel Zeichner Excerpts

Committee stage & Committee Debate: 12th sitting: House of Commons
Thursday 5th March 2020 Public Bill Committees

[The Chair]

I remind the Committee that with this we are considering the following:

New clause 4—Import of agricultural goods after IP completion day—

‘(1) After IP completion day, agricultural goods imported under a free trade agreement may be imported into the UK only if the standards to which those goods were produced were as high as, or higher than, standards which at the time of import applied under UK law relating to—

(a) animal welfare,

(b) protection of the environment,

(c) food safety, hygiene and traceability, and

(d) plant health.

(2) The Secretary of State must prepare a register of UK production standards, to be updated annually, to which goods imported under subsection (1) would have to adhere.

(3) “Agricultural goods” for the purposes of this section, mean—

(a) any livestock within the meaning of section 1(5),

(b) any plants or seeds, within the meaning of section 22(6),

(c) any product derived from livestock, plants or seeds.

(4) “IP completion day” has the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020.’.

New clause 7—International trade agreements: agricultural and food products—

‘(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 unless the agreement—

(a) includes an affirmation of the United Kingdom’s rights and obligations under the SPS Agreement, and

(b) prohibits the importation into the United Kingdom of agricultural and food products in relation to which the relevant standards are lower than the relevant standards in the United Kingdom.

(2) In subsection (1)—

“international trade agreement” means—

(a) an agreement that is or was notifiable under—

(b) an international agreement that mainly relates to trade, other than an agreement mentioned in sub-paragraph (i) or (ii);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“relevant standards” means standards relating to environmental protection, plant health and animal welfare applying in connection with the production of agricultural and food products;

“SPS Agreement” means the agreement on the Application of Sanitary and Phytosanitary Measures, part of Annex 1A to the WTO Agreement (as modified from time to time);

“WTO Agreement” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.’.

This new clause would ensure that HMG has a duty to protect the quality of the domestic food supply by ensuring that imported foodstuffs are held to the same standards as domestic foodstuffs are held to.

New clause 30—Prohibition on the sale of certain animals and animal products: substances—

‘(1) Subject to subsections (3) and (4), no person shall sell or supply for human consumption any animal—

(a) which contains or to which there has been administered—

(i) a Class I prohibited substance listed in paragraph 1 of Schedule [Prohibited substances],

(ii) a Class II prohibited substance listed in paragraph 2 of Schedule [Prohibited substances],

(iii) a Class III prohibited substance listed in paragraph 3 of Schedule [Prohibited substances], or

(iv) a Class IV prohibited substance listed in paragraph 4 of Schedule [Prohibited substances],

unless that substance was administered in accordance with subsection (4);

(b) that is an aquaculture animal to which—

(i) a Class II prohibited substance listed in paragraph 2 of Schedule [Prohibited substances],

(ii) a Class III prohibited substance listed in paragraph 3 of Schedule [Prohibited substances], or

(iii) a Class IV prohibited substance listed in paragraph 4 of Schedule [Prohibited substances],

has been administered;

(c) which contains a substance specified by the Secretary of State in regulations under subsection (5)(a) at a concentration exceeding the maximum residue limit; or

(d) to which a medicinal product has been administered if the withdrawal period for that product has not expired.

(2) No person may sell or supply for human consumption any animal product which is derived wholly or partly from an animal the sale or supply of which is prohibited under subsection (1).

(3) Nothing in paragraph (1)(d) shall prohibit the sale before the end of the withdrawal period of any high-value horse to which has been administered allyl trenbolone or a beta-agonist in accordance with regulation 5 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015, provided that the type and date of treatment was entered on the horse’s passport by the veterinary surgeon directly responsible for the treatment.

(4) The prohibitions in paragraphs (1) and (2) shall not apply to the sale of an animal, or of an animal product derived wholly or partly from an animal to which has been administered a compliant veterinary medicinal product—

(a) containing testosterone, progesterone or a derivative of these substances which readily yields the parent compound on hydrolysis after absorption at the site of application, if the administration is in accordance with regulation 26 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;

(b) containing allyl trenbolone or a beta-agonist, if the administration is in accordance with regulation 27 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;

(c) having oestrogenic action (but not containing oestradiol 17β or its ester-like derivatives), androgenic action or gestagenic action, if the administration is in accordance with regulation 28 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015.

(5) The Secretary of State may make regulations—

(a) specifying for the purposes of subsection (1)(c) maximum residue limits for pharmacologically active substances, and

(b) adding one or more substances to any of the classes of prohibited substances in Schedule [Prohibited substances].

(6) Regulations under subsection (5) shall be made by statutory instrument, and any such statutory instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) For the purposes of this section—

a veterinary medicinal product is a compliant veterinary medicinal product if it complies with the requirements of Regulation 25 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015), and “withdrawal period” shall have the meaning given in Regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015).

(8) Regulations 9 and 10 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 are revoked.’.

New clause 31—Prohibition on sale: hygiene—

‘(1) No person shall sell or supply any animal which has been treated for the purposes of removal of surface contamination with a substance other than potable water.

(2) No person shall sell or supply any animal product which is derived wholly or partly from an animal which has been treated for the purposes of removal of surface contamination with a substance other than potable water.’.

New clause 32—Prohibition on sale: stocking densities—

‘(1) No person shall sell or supply any chicken, any part of a chicken or any product which is partly or wholly derived from a chicken unless the condition in subsection (2) is met.

(2) The condition is that the stocking density in any house in which the chicken was reared—

(a) did not exceed 33 kilograms per m² of usable area, or

(b) did not exceed 39 kilograms per m² of usable area if the requirements of subsection (3) were met.

(3) The requirements of this subsection are that the keeper must—

(a) maintain and, on request, make available to the Secretary of State, documentation in the house giving a detailed description of the production systems, in particular information on technical details of the house and its equipment, including—

(i) a plan of the house including the dimensions of the surfaces occupied by the chickens;

(ii) ventilation and any relevant cooling and heating system (including their location), and a ventilation plan, detailing target air quality parameters (such as airflow, air speed and temperature);

(iii) feeding and watering systems (and their location);

(iv) alarm and backup systems in the event of a failure of any equipment essential for the health and well-being of the chickens;

(v) floor type and litter normally used; and

(vi) records of technical inspections of the ventilation and alarm systems;

(b) keep up to date the documentation referred to in subparagraph (a);

(c) ensure that each house is equipped with ventilation and, if necessary, heating and cooling systems designed, constructed and operated in such a way that—

(i) the concentration of ammonia does not exceed 20 parts per million and the concentration of carbon dioxide does not exceed 3,000 parts per million, when measured at the level of the chickens’ heads;

(ii) when the outside temperature measured in the shade exceeds 30°C, the inside temperature does not exceed the outside temperature by more than 3°C; and

(iii) when the outside temperature is below 10°C, the average relative humidity measured inside the house during a continuous period of 48 hours does not exceed 70%.

(4) In the case of a chicken reared in a house which is not in the United Kingdom, it shall be a requirement upon the importer to demonstrate to the satisfaction of the Secretary of State that—

(a) documentation equivalent to that specified in subsection (3) was maintained by the keeper and was available for supply to the appropriate regulatory authority, and

(b) the conditions under which the chicken was reared were equivalent to, or better than, those set out in subsections (2) and (3).

(5) For the purposes of this section, “chicken” shall mean a conventionally reared meat chicken.’

New schedule 1—Prohibited substances—

1 Class I prohibited substances

[Daniel Zeichner (Cambridge) (Lab)]

Sir David, you will be glad to hear that earlier I was mid-sentence but close to my conclusion. All I was going to say was, when we come to conclude our discussion, the simple answer is to put it in the Bill.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The important point about new clauses 1, 4 and 7 is that they would allow us to set standards high to protect the food chain and therefore the consumer. The Minister might, and indeed I am sure she does, have a commitment to maintaining high standards, and she might even believe that her colleagues have a similar commitment. However, as we all know, Governments change—we are still within five years of David Cameron’s last election victory, after all—and the current Ministers will not always be in post. I would hate to think of the Minister, in the far-off days of her declining years, staring at a plate of questionable food in front of her, wishing that she had taken steps to guard against it when she could have done. We should take those steps to safeguard our food standards, protect our food producers and maintain the health of consumers, who are, after all, the people who send us here. The SNP therefore supports new clauses 1, 4 and 7.

Question put, That the clause be read a Second time.

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[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

I thank the hon. Member for Bristol East for tabling the new clause and look forward to working with her on how we can support smallholding authorities to invest in, and commit to, their county farms. We want to help them to provide more opportunities for new entrant farmers and to continue to offer the wider environmental and public benefits.

I am concerned that the new clauses would constrain smallholding authorities’ ability to manage their estates effectively and would create an additional administrative burden. Rather than legislating, I would prefer to work collaboratively with smallholding authorities. We want to support them to manage their estates so that they can provide more opportunities for new farmers and existing tenants, as well as for the benefit of the wider public.

I hope that the hon. Lady is assured by the document published last week and that she will continue to talk to me. We will continue to talk to smallholding authorities about how we can take things forward. I therefore ask her to withdraw the motion.

[Daniel Zeichner]

New clause 26 is broadly similar to new clause 5, which my hon. Friend has just moved. She spoke powerfully about the plight of our county farms. She did mention, of course, successes in Cambridgeshire. I rarely find reason to praise Cambridgeshire County Council, but on this occasion, I think that it is doing good work.

As farms owned by local authorities that can be let out at below-market rents—I suspect that there is agreement on this—they are a vital means to encourage young and first-time farmers into the sector. They provide a key way in for those who have not had the good fortune to inherit or are lacking the capital required to buy or rent. As well as offering a sustainable income stream for local authorities, these farms have been recognised as particularly well placed to deliver locally driven social and environmental goods, ranging from tree planting and local education initiatives on farming to public procurement of locally produced food.

As we have heard, however, county farms have been left in serious long-term decline. An investigation last year by Who Owns England? showed that the acreage has halved in the past 40 years—first driven by the privatisation drive and cuts to county budgets and powers under the Thatcher and Major Governments, and by the austerity agenda in recent times. Cash-strapped local authorities making difficult decisions have been forced to take cost-saving measures, and 7% of England’s county farms estate was sold off between 2010 and 2018, with three quarters of all smallholding authorities having sold parts of their estate.

As we have heard, some authorities, such as my own in Cambridgeshire, have recognised the importance of county farms and have increased the number of acres in the past decade. Interestingly, they are now bringing in a sustainable income for the authorities. I am told that, in Cambridgeshire’s case, that is in excess of £4 million each year. However, the situation is not so good elsewhere. I am told that Herefordshire, for instance, has sold many of its county farms; there has been a decline of 89%.

The Government’s recent policy document on farming for the future mentions that funding will be offered to councils with county farm estates, but we still have no clear detail on how much that would be and whether it would be sufficient. It is rather surprising that in a flagship Bill on reforming our agricultural system—

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Are there any examples of where local authorities have sold the farms but to the tenants so that they can become owner-occupiers—a sort of right-to-buy scheme —or are the farms being sold off outside the sphere of those tenants?

[Daniel Zeichner]

I do not know the answer, but I am happy to go away and look for it, because that sounds like an interesting idea.

Let me explain what our worry is. We are here discussing major, flagship legislation for the future of the sector, and to us it would seem sensible to ensure that there was provision for this very important part of the sector, particularly when there was such an opportunity, through the local authorities, to deliver a range of public goods, including land management practices that mitigate climate change; public access; and even the promotion of innovative food production systems, such as vertical farms or city farms. If local authorities were to build into their management practices for their smallholdings the aims of aiding nature recovery and carbon sequestration and of promoting biodiversity, county farms could be a very useful tool for local communities, particularly in areas such as mine, where we have such interest in environmental issues being promoted.

It is important that we stop the loss and refresh the purpose of our county farms. I am not sure that that makes it easier for local authorities, because they are making difficult decisions, but it would make it harder for them to make that particular decision.

--- Later in debate ---

[Mr Goodwill]

What does the hon. Gentleman think about the example of Staffordshire County Council? When selling off farms, the council has given tenants the first opportunity to buy, but if that has not happened it has sold the farms with sitting tenants. The tenants continue their tenancies, but the council can use the money to spend on other priorities, such as schools, getting homeless people into housing and all the other local authority priorities.

[Daniel Zeichner]

I appreciate what the right hon. Member says. We are not seeking to stop that kind of process. We are trying to make it more difficult for councils to respond to funding cuts by selling county farms, which in some ways I do not criticise because they face difficult choices. If that practice is not stopped, then, frankly, it will go on happening, unless there are significant changes in funding for local authorities.

In recognition of the key role that local authorities can play in incentivising these farms to be environmental public goods, we would also require local authorities to submit proposals on how they intended to manage their smallholdings in a way that contributed to those various public goods, including the mitigation of climate change and reducing gas emissions. As discussed, our new clause would also limit the continued disposal of farms by stipulating that no local authority smallholding would need to have its ownership transferred unless that was clearly in accordance with those purposes.

[Victoria Prentis]

I have already responded fairly fully to the hon. Member for Bristol East and I feel that the Labour Front-Bench amendment is strikingly similar. I have said all I need to say on this subject.

--- Later in debate ---

Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 14—Livestock farming practices: duty to promote research—

“The Secretary of State must promote the conduct of research into the impact on animal welfare of highly intensive livestock farming practices in England.”

This new clause would require the Secretary of State to promote the conduct of research into the impact on animal welfare of highly intensive livestock farming practices in England.

[Daniel Zeichner]

These two new clauses would require the Secretary of State to conduct or commission research into the impact on animal welfare of highly intensive livestock farming practices in England. We know that effective research into the impact of highly intensive farming practices is going to be vital to contributing to a better understanding of what we can do to improve animal welfare and what better welfare practices can be promoted within the public goods element of the Bill, which we will of course support.

As I outlined during the debate on some previous amendments regarding the need for baseline animal welfare standards, we think much more could be done to improve the lives of animals on our farms, looking particularly at species-specific needs. We think research has a big role to play in that, but unless that research is properly co-ordinated and incentivised by the Government, we will be leaving it largely up to market forces to keep the science up to date. We believe the welfare of our farm animals is too important to be neglected, and we want to see action now. I appreciate that there is a question whether such a provision would be covered by the Bill’s money resolution, so we have helpfully provided two versions. I very much hope that the Government might find it in their heart to support one of them.

[Victoria Prentis]

The Government are committed to animal welfare. I reassure Members that high-quality research and evidence from a range of sources will always inform our animal welfare policy. Using the powers set out in the Bill, we are developing a scheme, as the hon. Gentleman knows, that aims to improve farm animal welfare in England. As part of that, we are exploring one-off grants that will help farmers to improve welfare on farms, as well as a payment by results scheme through which farmers could receive ongoing payments for delivering specific animal welfare enhancements.

New clause 13 would make it a legal requirement for the Secretary of State to conduct, commission or assist the conduct of research that specifically considers the impact on animal welfare of highly intensive livestock farming practices in England. Although the new clause is well intentioned, it fails to recognise the unintentional consequences that could occur as a result. Farm animal welfare relies primarily on good stockmanship. The Animal Welfare Committee frequently concludes that good stockmanship is more important than the system in which animals are kept when it comes to meeting their welfare needs. In addition, it is difficult to be clear about what constitutes a highly intensive farming system, because the term is not defined.

The Department for Environment, Food and Rural Affairs already conducts internal and external research into farm animal welfare, and is supported by a range of evidence committees, such as the Animal Welfare Committee. Although new clause 14 does not state what is meant by “promote” and is ambiguous on what would fulfil that requirement, I reassure Members that DEFRA already promotes animal welfare research in a number of ways. However, we do not wish to be restricted to focusing only on intensive farming systems, however defined. DEFRA publishes details of current research and development online, as well as the final reports from internal and external research projects.

I hope that I have demonstrated that the Government share the public’s high regard for animal welfare, and recognise the need for animal welfare policy development and implementation to be very well founded in evidence. That will ensure that we remain at the global forefront of animal welfare policy. I therefore ask the hon. Member for Cambridge to withdraw the motion.

[Daniel Zeichner]

I anticipated the question on the definition of highly intensive farming when I reread the new clause over lunchtime. I rather thought that it would be the right hon. Member for Scarborough and Whitby who raised that query, but the Minister got in there first. I am pleased by her response. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 15

Grouse shooting and management: review and consultation

“(1) The Secretary of State must—

(a) commission an independent review of the economic, environmental and wildlife impacts of driven grouse shooting, and

(b) consult on regulation of grouse moor management.

(2) The Secretary of State must make available the services of any person or other resources to assist in the conduct of a review under subsection (1)(a).

(3) The Secretary of State must publish a summary of responses to the consultation under sub-section (1)(b).

(4) The Secretary of State must, no later than three months from the day on which—

(a) the review commissioned under subsection (1)(a) is received, or

(b) the consultation under subsection (2) closes,

whichever is the sooner, publish a statement of future policy on grouse shooting and grouse moor management.”—(Ruth Jones.)

This new clause would require the Secretary of State to commission a review of the economic, environmental and wildlife impacts of driven grouse shooting and publish proposals for regulation.

Brought up, and read the First time.

[Ruth Jones]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

I preface my comments by declaring that I am a member of Unite, the trade union that represents many agricultural and rural workers. Given that the Bill is on agriculture, and we have been speaking about it for many hours, it is disappointing that we have got so far without talking about the people who work in the industry. In 2017, 474,000 people were working in agriculture across the UK, so the Bill will affect almost half a million people. It is disappointing that we have had so little mention of workers so far, and no consideration of the current challenging conditions that many of them face, or of what impact the new provisions may have on employment conditions—let alone how we will ensure that we have the workforce to keep our farms running.

Our discussion so far has been in marked contrast to the excellent report last year by the Food Farming and Countryside Commission of the Royal Society for the encouragement of Arts, Manufactures and Commerce. That report is elegantly and beautifully produced, and many of the top-line quotes are about the impact on rural workers.

Many of those working in the sector face particularly challenging mental health issues. I suspect that the Government will say that the Bill is about agriculture, but in my view it must also be about the people who work and live in our countryside. We need an impact assessment for the Bill’s provisions to help to ensure that new policies affecting workers will result in making working in farming an attractive prospect for workers of all skill levels, from here and from overseas.

That is vital economically, because currently just 0.6% of those who harvest the UK’s crops are British. Owing to the toxic atmosphere and uncertainty around Brexit, our farmers are already seeing a significant shortage of workers from overseas. Last autumn, we saw fruit crops rotting in fields due to farmers not having enough people to pick them. We know that the Government’s seasonal workers pilot, limiting farmers to hiring up to 10,000 workers this year, will not provide the labour needed, even if it is increased a little.

Our farms require around 80,000 seasonal agricultural workers every year. According to the Office for National Statistics, 99% of those workers come from countries within the EU. The Government have spent a long time working out the detail of an Agriculture Bill that may become rather academic if we do not have the labour to work on our farms. We need to look seriously at employment rights and conditions, because the agricultural sector presents some particular challenges for workers. Many jobs in farming are physically hard, seasonal, low paid and precarious, with too few of the employment benefits that people working in other sectors take for granted.

The national minimum wage simply does not cover the specific and unique conditions associated with land-based workers, who are often in isolated rural situations, face significant mental health challenges, and need specific issues covered such as accommodation, living standards, sick pay, and even extra tools. Agricultural workers are also among the most vulnerable to being paid below the minimum wage, as so many workers are from abroad. If their English skills are not particularly strong or they are unfamiliar with the law, they are unlikely to bring claims against employers about underpayment. Yet in England, agricultural workers now lack any efficient and effective collective sector bargaining body to improve those conditions.

The agricultural wages board that the Labour Government introduced in 1948 was scrapped by the coalition Government in 2013. I remember those campaigns very well. I was often there on the marches, and the warnings that the trade unions and others made about the consequences have been largely borne out. That act of coalition vandalism—the Liberal Democrats were entirely complicit; my recollection is that the measures were actually driven through by a Liberal Democrat Minister—broke a career structure with six clear pay grades linked to skills, qualifications and experience, and ended a history of pay and protections with statutory underpinning.

Those protections covered the many thousands of workers on which the industry has depended. Indeed, DEFRA’s 2012 impact assessment of the abolition of the AWB identified that workers would lose more than £140 million in wages, £97.8 million in annual leave, and £8.7 million in sick pay. Predictably enough, surveys show that since the abolition of the wages board there has been a reduction in pay awards and increased working hours. Workers have seen worsening terms and conditions, including the absence of sick pay.

The fact is that England is now the only country in the UK without an effective collective bargaining body for our agricultural workers to have a voice over their pay and working conditions. Wales has an agricultural advisory panel, and both Northern Ireland and Scotland have agricultural wages boards, although their functions are relatively limited and focus on rates of pay. We believe that this cannot be right, and it is disappointing that a Bill on our agricultural sector does not even propose to look into this. I am afraid it speaks volumes about Conservative attitudes to workers in general.

--- Later in debate ---

[Victoria Prentis]

It is a key priority of the Government to ensure not only a successful and effective agricultural sector, but one in which workers are treated fairly. In recent years there has been enormous change to wider employment legislation, which protects and benefits workers in all sectors of the economy. Given that the national minimum wage has started and the new national living wage has been introduced, we continue to believe that there is no justification to have a separate employment regime for agricultural workers.

The Gangmasters and Labour Abuse Authority, working with partner organisations, already investigates serious cases of labour market exploitation across the whole of England and Wales. We remain absolutely committed to monitoring the impacts of the Agriculture Bill across relevant sectors, including on workers. That will be achieved through a mixture of Government and third-party evaluation. We therefore believe that new clause 19 is unnecessary.

[Daniel Zeichner]

I have to say, I am very disappointed by that reply. It is complacent about what is going on in the countryside, and it does not address the very real issues that employers will face if we are unable to attract more people to the industry. It is to everybody’s benefit that agriculture becomes a higher-paid, higher-skilled industry. One of the ways we do that is by ensuring that people have proper rights and the confidence to look after not only themselves, but their colleagues.

I am also disappointed that we have not found any provision in the Bill to tackle the mental health crisis in the agricultural sector. People are working on their own or under pressure, and it is a real issue. We could have addressed it through new clause 19, and I can assure the Minister that we will come back to this in the future. I wish to push new clause 19 to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

Picture this: it is a lovely sunny day and everyone is outside. Kids are playing in the park, with their mums and dads looking on. What we do not often think about when we picture these happy scenarios, because we do not look for them, are herbicides, fungicides and insecticides. They may well be blowing in on spores and from nearby crops or, more directly, kids may be playing on grass in a park that has been treated with pesticides or weed-killing chemicals.

Quite rightly, we are now being told every day because of coronavirus that we need to wash our hands and not touch our mouths, eyes or nose. In more usual times, we are perhaps a bit more slack about possible transference of dangerous substances into our bodies—and these substances can be dangerous. A selection of the labels on pesticide products used in the UK contains warnings such as “Very toxic by inhalation”, “Do not breathe spray/fumes/vapour”, “Risk of serious damage to eyes”, “Harmful: possible risk of irreversible effects through inhalation”, “May cause cancer by inhalation”, and even “May be fatal if inhaled.” Cornell University’s work on pesticides points to the risk of deformities, mutations, cancer and poisoning of the nervous system. These are dangerous chemicals, and we need to keep a close eye on their impact.

Children and pregnant mothers are more exposed to the potential impact of pesticides than most of us, because they have a higher exposure rate. Children absorb pesticides more easily through their skin: not only is a child’s skin more permeable than an adult’s, but their skin surface area is higher relative to their body weight. That makes it easier for them to absorb higher rates of pesticides; in fact, infants will absorb around three times more pesticides than adults from similar exposure episodes. Children take in more air, water and food than adults relative to their body weight, which also increases their exposure. As an example, the breathing rate of a child in its first 12 years is roughly double that of an adult, and as a result the amount of airborne contaminants reaching the surface of the lung can be much higher.

Not only is exposure likely to be higher, but that child’s ability to cope with pesticide poisoning will differ from that of an adult. The systems in our bodies used to deal with toxins are less well developed in children, which can make them less able to cope with such substances than adults. As they grow, children’s brains and bodies undergo complex changes that affect tissue growth and organ development. Incidents of exposure that would be tolerated by adults can cause irreversible damage to unborn babies, infants and adolescents. What is worrying about this Bill is that not only does it completely omit any requirement for the protection of human health and the environment from pesticides, but it does not make a single recommendation for simply monitoring pesticides or their effects.

[Mr Goodwill]

One of the ways in which farmers can reduce their reliance on pesticides is by using new varieties derived though gene editing. Potatoes can be engineered to be resistant to blight, for example. Do Labour Front Benchers support that innovative technology that will reduce our reliance on pesticides?

[Daniel Zeichner]

Aha! As ever, I am grateful to the right hon. Gentleman. He has touched on a subject that is of some interest to me, as I chair the all-party parliamentary group for life sciences. I look forward to having a detailed conversation with him about CRISPR-Cas9 and other exciting techniques.

In answer to the right hon. Gentleman’s question, we are absolutely interested in looking at ways in which we can reduce pesticide use. As I indicated earlier, I am well aware that farmers do not use pesticides without due caution, or without bearing in mind the current safety regulations and the costs involved. Having said that, we believe there should be additional measures in this Bill. We fully accept that pesticides are needed in some situations, but other new technologies might be available, including drones and satellite images that have the potential to make the application of these chemicals much more targeted and less damaging. I am told that those techniques are already being used in other countries, but if we are not monitoring pesticides and their impact, there is no way that we will be able to encourage or assist farmers to adopt more selective and less damaging techniques.

All Members present have been repeatedly promised by Ministers that when we left Europe, we would bring in stronger human and environmental protections, or at least equivalence. The Labour party believes that that is an absolute minimum, we should monitor what impact pesticides are having; where that impact is concentrated; and whether children, mothers and babies have been affected, especially in rural communities where exposure is likely to be higher. This amendment does not ban anything. It does not stop any farmer who needs to use safe pesticides on their crops, or to use them to increase their yields, from doing so. It simply states that we are not averting our gaze, but keeping our eyes open to the known risks; that we look to reduce those risks; and that we will particularly protect women and children in rural communities. On that basis, I ask that the clause be read a Second time.

[Victoria Prentis]

I assure the hon. Gentleman that our eyes are very open when it comes to ensuring that the use of pesticides is minimised, and that pesticide usage and its effects are carefully monitored. Current policies address these points already. Strict regulation only allows pesticide use when scientific risk assessments predict that there will be no harm to people and no unacceptable effects on the environment. Existing monitoring schemes cover each of the points proposed in the amendment. They report on the level of usage of each pesticide and on residue levels in food. They also collect and consider reports about possible harm to people or the environment.

The Government support good work to research, develop and promote means to move away from pesticides, which I am sure is our collective aim. These include: plant breeding for pest-resistant varieties; the use of natural predators; the development of biopesticides; and the use of a variety of cultural methods to reduce pest pressures.

The Government intend to continue to develop and refine our approach to pesticides. The 25-year environment plan is where the hon. Gentleman will find most of these details. The plan emphasises the importance of integrated pest management. That means not only that pesticides are used well, but that the approach to farming minimises the need for pesticides and that alternative methods are used wherever possible. Where these practices are shown to help to deliver public goods, they may well be funded under the new environmental land management schemes. We will determine in more detail which ELMS will pay for what as we develop the schemes in the future.

The approach set out in the 25-year environment plan is the right one and we hope that it will minimise pesticide use, help to reduce risks and strongly encourage the uptake of alternatives to pesticides. Alongside the maintenance and development of effective monitoring, this approach will deliver the main outcomes sought by the hon. Gentleman’s amendment.

[Daniel Zeichner]

I listened closely to the Minister and there was much that I probably agree with. However, I would have predicted that we would return to the vexed question of which piece of legislation this proposal would sit in, and we believe that it would be inappropriate to have a piece of major agricultural legislation without reference to it. On that basis, I will push the new clause to a vote.

Question put, That the clause be read a Second time.

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Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

Thank you, Sir David—[Interruption.] There is some confusion on this side; I apologise. I blame the late publication of the 109-page document.

[Victoria Prentis]

In fact, why don’t the Government just stop? [Laughter.]

[Daniel Zeichner]

Why does it take the Government so long—since 2018—to respond, and why do they finally respond on the day that we discuss this issue in Committee? We probably all know the politics behind these things, but it is disappointing when it involves such an important subject, discussion of which has been so eagerly awaited by so many people, because it is a highly controversial subject. The science involved is complicated.

In the spirit of sharing the responsibilities across the shadow team, I will pass over to my hon. Friend the Member for Nottingham East in a moment—I hope that she will be called to speak. However, the Labour Front Bench welcomes the Government’s belated response. We also find some things in the response helpful, and we think the Government are changing direction, but not quickly enough. We will make a more considered and detailed response when we have had time to consider it in detail, but our belief is that far too many badgers have been unnecessarily killed. The science is not clear and there is plenty of evidence to suggest that there is as much transmission from cattle to cattle. It is not a simple issue. We fully recognise the huge damage, economic cost and distress that bovine TB causes in many areas. As I say, we welcome the direction of travel, but we believe that it should be much swifter.

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[Victoria Prentis]

Bovine TB is one of our most difficult animal health challenges. It costs the Government about £100 million a year and industry around £50 million a year. Tackling it is important. It imposes a tremendous pressure on the wellbeing of our cattle farmers and their families. Many Committee members, including me, represent constituencies that are exposed to the misery of bovine TB on a daily basis. Left unchecked, bovine TB also poses a threat to public health although that is, to a large extent, mitigated today by milk pasteurisation. My grandfather died of tuberculosis, so I have always taken a close personal interest in the subject. It is a peculiar and complicated disease that it is important for us to take seriously.

No single measure will achieve eradication by our target date of 2038, which is why we are committed to pursuing a wide range of interventions, including culling and vaccination, to deal with the risk from wildlife. Of course culling is a controversial policy, but we have scientific evidence to show that, to a certain extent, it is working. The new review is clear that the evidence indicates that the presence of infected badgers poses a threat to local cattle herds. The review considers that moving from lethal to non-lethal control of disease in badgers is desirable. Of course, we would all go along with that. We have reached a point where intensive culling will soon have been enabled in most of the areas where it has served the greatest impact. As announced in the Government response today, we will be able to develop measures to make badger vaccination, combined with biosecurity, the focus of addressing risks from wildlife as an exit strategy from intensive culling. Our aim is to allow future badger culls only where the epidemiological evidence points to a reservoir of disease in badgers.

Nobody wants to cull badgers inappropriately, but nor can we allow our farmers, their families and our wider dairy and beef industries to continue to suffer the misery and costs caused by the disease. That is why it is right that we take strong and decisive action to tackle the problem effectively, while always looking to evolve towards non-lethal options in future. I therefore do not think the new clause is appropriate.

[Daniel Zeichner]

I listened closely to the Minister’s comments. I suspect we will come back to this issue. We have been discussing it for the past 10 or 20 years. I fully appreciate what a serious issue it is and how it directly affects both her family and many others. However, at the general election we stood on a clear pledge to end the badger cull. We stand by that and the new clause would put it into law. The direction of travel of the Godfray report today reflects that the Government, on the basis of scientific evidence, are beginning to move in that direction. I suspect it is still partly about costs, because culling is more expensive. The vaccination question that the right hon. Member for Scarborough and Whitby mentioned is important, but it is important that we follow the science as it develops. We want to eradicate and defend and protect. The issue is of considerable public interest, so I will press the new clause to a Division.

Question put, That the clause be read a Second time.

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[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

We believe it important that the Bill properly supports co-operative models of farming, as they contribute greatly to a fairer and more resilient agricultural sector. By working together, farmers can benefit from mutual protection, access to new markets, cost savings and efficiency, and a louder collective voice for the industry, all of which will be particularly important in the light of the uncertainty caused by our withdrawal from the European Union.

As our countryside is likely to become increasingly commercialised with, I fear, bigger farms and possibly bigger profits, co-operative approaches also provide a counterbalance to the growing consolidation of ownership of farms and food manufacturing in the hands of a few big agribusinesses or international conglomerates. Many players in our agricultural sector already belong to co-operatives. They may not be as strong as in other countries, but more than 140,000 British farmers are members and co-owners of more than 400 agriculture and farmer co-operatives that work across many levels in the supply chain, from milk marketing and processing to arable crop storage, produce marketing and retail supplies.

The Bill is missing clear provisions to make it easier for current and new co-operatives to succeed in farming by providing practical support, funding and protection from the inadvertent impact of future legislation or regulation. The new clause would therefore lock into the Bill a requirement for the Secretary of State to promote agriculture co-operatives by offering financial assistance for their creation and development and to establish bodies to provide practical support and guidance for their development. That support could come in the form of grant or loan funding and through the creation of organisations similar to the Scottish Agricultural Organisation Society, which I understand provides practical support such as advice, networking, shared services and linking agriculture co-operatives to potential opportunities.

The clause would also guarantee that the impact of proposed legislation on agriculture co-operatives is considered. That would ensure that future legislation does not inadvertently make it harder to be a co-operative than any other form of business. That is particularly important in the short to medium term, as much of the detail of the post-Brexit settlement for farmers will come in secondary legislation, to which I am sure we are all hugely looking forward.

The Bill is short on detail, and it is important that any undue impact on co-operatives is mitigated against as the detail is fleshed out. That would also help to future-proof the sector against inadvertent undue harm as policy develops over the long term. We hope that the Government will recognise the contribution of co-operatives and the merits of our proposals. It is important that we properly safeguard that sector within farming and that co-operatives are properly supported and encouraged.

[Victoria Prentis]

I absolutely agree that farmers can benefit in many ways by co-operating and working together. Co-operation provides opportunities to cut costs and achieve economies of scale, whether through purchasing resources or processing and marketing produce. Co-operatives can gain control and hold a stronger position in the supply chain than people who work alone. By working together, farmers can share knowledge and best practice and support each other to improve productivity and spread innovation.

Clause 1(2) already allows us to provide financial assistance to help farmers to improve productivity. We would like to be able to help farmers to invest in equipment and infrastructure that will help them to benefit from working together. Furthermore, there are provisions elsewhere in the Bill that allow us to create a bespoke UK producer organisations regime, which we will tailor to the needs of UK producers who are interested in collaborating further together.

I hope that that provides some reassurance that we are already supporting, and will continue to support, farmers who want to come together to share knowledge, reduce costs, and strengthen their position in the supply chain.

[Daniel Zeichner]

I am grateful to the Minister, and I think I have had sufficient reassurance on that. On that basis, I am happy not to proceed and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 29

Carbon emissions: net-zero

29‘(1) When considering the provision of financial assistance under sections 1(1) and 1(2) of this Act, the Secretary of State shall ensure that the likely impact of that funding is compatible with the achievement of any emissions reduction target set out in subsection (2).

(2) It is the duty of the Secretary of State to—

(a) within six months of this Bill receiving Royal Assent, publish greenhouse gas emissions reduction targets for agricultural soil, livestock, peatland and machinery, for the year 2030, which are consistent with an emissions reduction trajectory that would eliminate the substantial majority of the UK’s total greenhouse gas emissions by 2030, and

(b) ensure that the targets are met.

(3) The Secretary of State must, within twelve months of this Bill receiving Royal Assent, publish a statement of the policies to be delivered in order to meet the emissions reduction targets published under subsection (2).

(4) In this section “soil”, “livestock”, “peatland” and “machinery” shall all relate to that used, owned, or operated in the process of farming or any other agricultural activity.”’—(Daniel Zeichner.)

This new clause would require the Secretary of State to publish greenhouse gas emissions reduction targets for the agricultural sector.

Brought up, and read the First time.

[Daniel Zeichner]

I beg to move, That the clause be read a Second time.

I think everyone will be pleased that we are getting towards the finishing straight, but, in the meantime, we believe that the Bill needs to have far stronger net zero commitments. As I have said, it is essential that the climate crisis should be front and centre of the Bill, which will be one of the most important pieces of legislation we have had in the past decade to help to meet the climate emergency. Yes, the Government have said that they are committed to reaching net zero by 2050, but the National Farmers Union has demonstrated much more ambitious leadership by setting a closer target—for the agriculture sector to reach net zero by 2040.

Sadly, we know that the Government are currently not on track to meet their carbon emission goals in the 2030s, let alone to reach net zero by 2050, and the 2040 target remains a voluntary one for the agriculture sector. The fact is that the Committee on Climate Change’s 2019 progress report has shown that UK agriculture is not on track with any of its indicators, and there has been little progress in reducing emissions from agriculture since 2008. As only 30% of direct payments are currently secured through meeting greening requirements—an improvement on the previous system, but still not good enough and way short of what is needed—we can see that a lack of financial incentives or legal requirements for farmers to adapt their practices to reduce emissions is part of the problem. That is why it is so important that the Bill should set out clear targets and a proper plan for how agriculture will be expected to reduce its emissions and by what date.

As things stand, all that the Bill does, effectively, is stipulate that the Secretary of State may—not even “must”, to go back to where we started—provide financial assistance under clause 1 for the purposes of climate change and adaptation, as well as other public goods that will have positive impacts on carbon storage, such as good soil management. We have no assurances about how much priority those clause 1 elements that could deliver reductions in greenhouse gas emissions will be given by the Government when funding the measures in the Bill. There are no guarantees that farmers will even take up the new environmental land management schemes in the first place to deliver those vital agricultural adaptations to reduce carbon emissions, and there is no plan for how agriculture is expected to meet any net zero target, be that by 2050, 2040 or earlier.

For the Government to say that they are truly committed to transforming our agricultural and land management systems in order to reduce emissions and avert climate catastrophe, the Bill needs to be much strengthened with a coherent, joined-up approach. That has been the purpose of many of our amendments, which we have discussed over the past few weeks. I think I am correct in saying that, sadly, they have been rejected in their entirety by the Government—so far: there is always hope, right to the end. [Laughter.] I do not think there is—but anyway.

The Bill needs binding emission targets for all the key areas of agricultural emissions—soil, livestock, peatland and machinery—for a given date, with clear direction from the Secretary of State on how it is intended to reach them. The NFU suggests 2040. We believe that the target should be in line with that, but that it has got to be even more ambitious if we are to properly address the climate emergency. We propose setting targets that are in line with eliminating the substantial majority of the UK’s total greenhouse gas emissions by 2030.

We heard of the need for proper targets in the Bill from numerous witnesses in the evidence sessions. That would be the best way to give the legislation some teeth and proper direction and ensure that the Government’s proposed aims for the Bill of reducing agricultural carbon emissions are actually delivered to a timescale that will make those emission reductions effective for averting the climate catastrophe. The urgency of the climate crisis is too real and too important for any less than that.

New clause 29 would align agriculture with the emissions reduction trajectory that would eliminate the substantial majority of the UK’s total greenhouse gas emissions by 2030. It would require the Secretary of State, within six months of the Bill receiving Royal Assent, to publish emission reductions targets for agricultural soil, livestock, peatland and machinery for the year 2030 that are consistent with this aim, to publish a statement within 12 months of the Bill becoming an Act of the policies to be delivered in order to meet the emissions reduction targets, and to ensure those targets are met. The new clause would also ensure that, in providing financial assistance for the clause 1 purposes, the impact of that funding is compatible with the achievement of the target of reducing the substantial majority of the UK’s greenhouse gas emissions by 2030.

There can be no more important point on which to conclude our deliberations today. It is a simple test for the Government: are they up to tackling the climate crisis or not? I fear we are about to hear a lot of noes.

[Victoria Prentis]

Yes, the Government are up to dealing with the climate crisis and are determined to do so, and yes, we agree with the hon. Gentleman that there is no more important thing that we should be doing as a Government.

I am really proud that the UK became the first major economy in the world to set a legally binding target to achieve net zero greenhouse gas emissions from across the UK economy by 2050. We already have a strong foundation of action and leadership to build from, having cut our emissions by 42% since 1990 while growing the economy by 72%. That does not mean that we are complacent or that we do not recognise that there is a great deal more to do, urgently.

--- Later in debate ---

[Daniel Zeichner]

So, we come full circle, back to where we started. I listened closely to the Minister and I end up being disappointed, sadly. I point out that the Government were dragged unwillingly to the 2050 target. It was the Leader of the Opposition who led on that, and it will be Labour in the future that will deliver us from the climate emergency. I did hear a “yes” at one point in the Minister’s speech, and I hope she might just be able to say yes in a moment, when we come to the vote.

This all comes back to the balance between cost and possibility. I kept hearing the words “lowest possible cost”. This is not something that can be done at low cost. The climate emergency is absolutely real, immediate and urgent. There is a fundamental difference between the two sides here on how we approach it. The Minister mentioned environmental land management schemes. We talked much about that last week. There are no guarantees in the Bill that they will achieve the uptake or the outcomes that we are looking for.

There has been a clear division of opinion throughout the discussions on the Bill. It does too little. It is not strong enough. It does not guarantee the way forward that we need. Agriculture is still a major contributor to the climate crisis. We need to find a way of taking the sector to a much better place. This new clause would help us to do that.

--- Later in debate ---

[Victoria Prentis]

On a point of order, Sir David. I understand that now is the right point to thank you very much for your chairmanship. I also thank the other Chair who has helped us with the proceedings, all the Clerks and the civil servants, who have helped us enormously with the production and the taking through of the Bill. I very much thank the Committee members and the Government and Opposition Whips, who have steered the Bill so seamlessly and with a certain amount of agreement and jollity around the edges.

[Daniel Zeichner]

On a point of order, Sir David. I expect that I will say something remarkably similar. I particularly thank you and Mr Stringer for your excellent chairmanship. I thank the Whips for making the Committee run so smoothly and efficiently. As we approach International Women’s Day, I look around the room and notice that all my team appear to be women, and there appears to a majority of women on the Government side, too. I think that reflects an important step forward in this place. I suspect that this has been a more gentle and consensual discussion than one might have had otherwise, although I have been chided from my own side for being insufficiently dressed on occasion.

I thank the Clerks, who have been extraordinarily helpful in translating not always clear instructions into workable amendments. I thank all the staff working across the shadow teams; it has been a particularly difficult time. I particularly thank the adviser Rob Wakely and my assistant Rafaelle Robin. We probably expected far too much from them in a short period of time, and I am eternally grateful. All the mistakes are my responsibility.

[Deidre Brock]

On a point of order, Sir David. Briefly, I thank you and Mr Stringer for your good-humoured chairmanship of the proceedings, and the Clerks, who have been tremendously helpful to my colleague and me. I thank Hansard, who sit there patiently recording our every word, and the Officers, who have had to get up and down frequently to close the doors and open them again. My thanks to all the Committee members for interesting proceedings. I look forward to the Bill reaching Report and to further discussion on many important points.