Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 Debate

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Department: Department for Environment, Food and Rural Affairs
David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
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I am delighted to serve under your chairmanship, Sir Henry, and to see the Minister in his place. I will not delay hon. Members for too long, but it is important to make some of the considerations clear, as we have throughout the process of making these statutory instruments. We are now amending the amendments and we have to make sure that is done with due consideration and care.

I want to check with the Minister—he can nod approvingly—that we are talking about five SIs in total, rather than four. Four are implied in one place but five are mentioned in another.

Robert Goodwill Portrait Mr Goodwill
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Yes, we are. As I have said, the two major provisions are to do with, first, the ability to switch from pillar one to pillar two and, secondly, the labelling of citrus fruit products. The others are merely typographical and other drafting measures; the hon. Gentleman will be pleased that we spotted before he spotted them and that we are able to correct them.

David Drew Portrait Dr Drew
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I thank the Minister. It is always useful to know exactly what we are dealing with, otherwise something could come back to haunt us in due course because we thought we had dealt with it but we had not.

It is a difficult process. Because of the delay—I am not going to argue about why that is taking place—we face having to amend existing SIs because the Commission has made further changes. That is what the Minister alerted us to. That is right and proper, but I am still confused about the terminology in the explanatory memorandum that the Minister repeated. We are considering the notion that the

“marketing standards for mixes of fruit and vegetables apply to mixed packages ‘of different species of fruits, of vegetables or of fruits and vegetables’”.

To say that that is obscure is obvious—I would use the pejorative before that. This is complicated. At one level, the changes are purely typographical and about trying to bring things up to date that have gone through alterations elsewhere. On another level, the measure is important, because it talks about the relationship between pillar one and pillar two.

I want to be absolutely clear that the Government are not pulling a fast one, and that they will be able to make good some of the problems that we have had. The Minister is a farmer and he knows that it is a source of aggravation in the farming community that farmers do not get their direct payments on time through the Rural Payments Agency. We spent a lot of time in Committee on the Agriculture Bill—we would love to have the Bill back, so we could amend it accordingly—and on previous SIs trying to clarify exactly where the Government’s direction of travel is taking us. We know that we will be paying farmers for public goods and environmental supports, but it would help if that was clarified at this stage through the various SIs.

My one concern about the instrument is that clearly, in Europe, some ability is being introduced to improve flexibility, but the danger is that rather than taking the direction of travel that we would want to go in in this country, which is towards greater payments under pillar two, it is possible that, because of the shortcomings of the existing system, it could be taken as an opportunity to further enhance the pillar one payment system. That matters because the British Government—previous Governments and this Government—have failed to entirely deliver on their obligations under pillar two. That is clear from the rural payments, which some of us would certainly want to be enhanced, and from some of the other opportunities through pillar two—including the obvious one, environmental payments.

The other point is that we could be back here again. If we go as far as October, we will have to consider further amendments to some of the SIs that we have made—and because it is DEFRA, we have made an enormous number of them. It would be useful to know from the Minister what work is going on to see what further amendments we will have to make. For the benefit of my colleagues—well, my one colleague who is not on the Front Bench—and of the SNP spokesperson, we have had more than 120 DEFRA SIs. It would be worrying if we had to revisit an awful lot of those because of the updates and changes, even if some of those changes were purely typographical. It would be useful to have an indication from the Minister on how often we will have to re-engage in the process, because we will have to do that if the secondary legislation demands it.

In conclusion, the instrument is obscure but it is important that we get it right, which is why some hon. Members would ask why we are we doing this in May when we might have to further amend it in advance of October. Those are the points that I wanted to make and I welcome what the Minister has to say in response.