Agriculture Bill (Fourth sitting)

David Drew Excerpts

Thursday 25th October 2018 Public Bill Committees

[George Eustice]

Q Professor Millstone, you are advocating something similar to the deficiency payments that used to be in the 1947 Act. Do you think that in a modern incarnation of a new agriculture policy it is the role of the taxpayer to do that? Or should Government, as we do in the Bill, improve the transparency of market information so that you can get the development of futures markets or margin insurance, so that there is a viable, accessible product that farmers can access to insure their own prices?

Professor Millstone: It is not just about stabilising farm incomes, but about ensuring adequate supplies for consumers. Futures markets, insurance and so on can create what is conceived of as virtual stocks, but you cannot eat virtual stocks—you can only eat real food. Therefore, you have to have mechanisms to ensure that there is an adequate supply of real food available, and not just financial instruments.

[Dr David Drew (Stroud) (Lab/Co-op)]

Q Notwithstanding what you said about clause 1, Vicki, if you had a crystal ball, how else would you improve the Bill?

Vicki Hird: We have suggested two additions to clause 1 to deliver a truly sustainable farming Act, which is what we want. We want to bring public health and agro-ecological whole farm systems, such as organic, to the fore.

One of the fundamental things that we think the Committee and MPs need to drive—I feel slightly emotional being here because you have such an incredible opportunity and a responsibility in your hands—is to make the Bill far more robust in terms of duties. One of its weaknesses is enabling; we all said it would be an enabling Bill and the Government do not want their hands tied. As a result, we are extremely concerned that after a few years when there are pressures on the Treasury, there will not be the money to do the kinds of things that we have identified externally as absolutely essential but that the Government have not.

These are things that we know need to happen: we know we need to tackle climate change, soil erosion, animal health and welfare, antibiotic use and obesity. They are all big crises that we need to deliver on, but there is no obligation in the Bill to tackle those things. Ministers want to, but it could all fall apart. It would be adding duties and the responsibility to do those things and the ability to draw down a budget against assessment of needs from all those things, so that the Bill delivers the truly sustainable, healthy, nature-friendly farming that we know we can deliver—a lot of farmers are doing it. The Bill could be truly great if it had those duties, rather than lots of enabling.

We would also like clause 25 on fair dealing to be strengthened. We are really pleased to see it there but we have some specific amendments to it, which we can provide the Committee, on ensuring that it provides the confidentiality for people who need to complain about bad treatment and that it covers all sectors. Again, the duty of the Secretary of State to deliver the new fair dealing measure is crucial, for the reasons that Mr Eustice described, to ensure that farmers can have confidence in the market.

Professor Marsden: To add another issue, on the question of how to improve the Bill, there is nothing in it about rural development, which is important. This is an opportunity to link multifunctional farming, which seems to be where we are heading, with rural development. I am suggesting not the development of a second pillar necessarily but, for example, for the recipients of financing and whatever funding there is not to be restricted to farmers alone. It could go to partnerships, place-based partnerships—some good pilots of which are going on in England and in Wales—and consortiums of landowners and stakeholders in rural areas to work together.

That is the other shift we need—in the mentality of funding for public goods. Rural development forms a gap in that. One might argue that that could be left to whatever comes out of the shared prosperity fund. I am, though, concerned about that, because it might lead to concentrated dollops of funding—to cities mainly—and we really need much more distributed, bottom-up and facilitative funding for things like a post-Brexit LEADER programme.

David Baldock: First, to follow up on that and to amplify what Vicki said about duties as well as powers, I noticed that the House of Lords Delegated Powers and Regulatory Reform Committee pointed out that 36 clauses in the Bill confer 26 powers on Ministers, but include hardly any duties. At the moment there is a duty on the Government to introduce and operate agri-environment schemes, but even that duty is going. We are actually moving backwards on duties.

Secondly, on the budget issue, I understand that the Treasury does not like to have its hands tied and so forth, but we are in a position here that there is no guarantee whatever of multi-annual funding for agriculture. Lots of sectors have special pleading here, but the fact is that farmers do not work on a CSR—corporate social responsibility—cycle; they are not investing on that timescale. Therefore, either in the Bill or through some parallel commitment, it is important—there is a lot of sectoral join-up here on the environment and farming sides—to have some kind of forward-looking structure. That is not just a five or 10-year agreement for an individual farmer, but some sense of where things are going for the industry and infrastructure, and how we are going to meet future Government objectives.

Thirdly—a point that has not come up yet—at the moment the Bill contains nothing about the regulatory baseline, the environmental baseline, for agriculture in future. I understand that that might come forward in separate legislation, such as the environment Bill, but it might not—that Bill might not happen. There is the possibility, which is slightly more than theoretical, that farmers take up the de-linking option, the payment option, under the scheme, therefore finding themselves outside cross-compliance and outside good agricultural environment condition, which means that the baseline in those circumstances—without having a position in law—will be weakened. In fact, we could go back from where we are now. Good agricultural environment condition is a very important part of cross-compliance. It was our major means of protecting soil, so it is the only means of protecting soil through the public sector at the moment. I want to emphasise—although we all know this—that it is a key area that should not be forgotten.

[The Chair]

Professor Millstone, do you want add anything to that?

Professor Millstone: I agree with my colleagues.

[Colin Clark]

Q Professor Marsden, you mentioned security and stability and an amendment to the Bill. How do you avoid that tension? How do we achieve that?

Professor Marsden: One suggestion in my amendment was that, right at the start, you have interlinked and interlocking objectives: promoting farming and food systems for ecologically restoring and protecting the environment, delivering resilient forms of food production and supply, which enhances food security, and improving quality food access, consumer choice and public health benefits. If you put those three things together, rather than in separate subsections, what that conveys is that any financing would have to pass those integrated tests. On the ground, that would effectively mean that it would be re-linking production in many respects. No public financing would be given unless sustainable production was leading to environmental gain or environmental restoration. It is not either/or; it is both together. A lot of research shows that we have spent 20 or 30 years developing very complicated environmental initiatives and processes, but they have been separated from agricultural practice. This is the opportunity to say, “No, we want agricultural practice to be central to delivering on environmental gains.” That is a message that needs to be put right at the start of the Bill.

[Dr Drew]

Q Do you think there is any clarity in the Bill on what the mechanism could and should be? Are the existing institutions the right institutions to do this, or should we be inventing new institutions?

Professor Marsden: Clearly, that is an institutional question. There are a lot of institutional questions that this implies that may not eventually need to go into the Bill, but it does obviously have institutional implications.

In my view, all of this is leading to more place-based systems of integrated management of land and the biosphere. One way or another, with bottom-up partnerships or with some level of regional sensitivity, we have to manage regional diversity in the land base of the UK. That means the landholders and stakeholders being fostered to come together in different ways, not necessarily through a top-down, dirigiste infrastructure, but to develop whole tracts of land—not just a farm, but whole regions—such that we have catchments and regions that are much more sustainable and that are delivering the big goals on climate change as well as individual farm landscape. There is a big institutional challenge here to get local diversity and regional diversity at the heart of these sorts of policies.

David Baldock: As you said, the Bill does not spell out how the policy would work. We are all wondering how that might operate, and there have been some indications in a separate paper. This is clearly a source of uncertainty at the moment; you have powers with less specificity about how they are used. In principle, the public goods frame provides a good framework for delivering the right outcomes in the uplands or elsewhere, but it would be helpful to spell out how that will be met and how the local dynamics, which Terry talked about, can be matched with national objectives as well. If we look at the implications of the 1.5 degree target for the UK and for the world, we find that agriculture will have to make pretty significant changes over the next 20 years to the way soil carbon is managed and to the way energy is used in agriculture. That means that you need some strategic vision of where agriculture and land management are going, and you need to spell that out in a series of objectives a bit more clearly so that we do not have a slightly random selection of public goods that are produced according to local whims. I very much support the bottom-up approach, but that must be balanced by some quite clear strategic goals—we know we have them, but they have not been incorporated in a way we can see yet.

Vicki Hird: To add something on your question on institutions, David, we do not currently have the capacity to do that—the capacity is quite atomised. There is a lot of really good stuff on agri-environment, nature and conservation that is not doing the job adequately, because it has not got the capacity. We need to build that up, and it would have to fit with the vision, as David said.

[Chris Davies (Brecon and Radnorshire) (Con)]

Q We have had various farming organisations in front of us who have criticised the Bill for not having enough about agriculture. Looking at your biogs—forgive me for saying this—you seem to have a bias, as academics, towards the environment. Is it fair of the farming organisations to criticise the Bill for not having enough about agriculture? If not, why is that not fair criticism?

Professor Marsden: In a sense, it is fair for them to make that assumption at the moment. The message to get across to farmers’ interests is that it needs to be in there, but it needs to be there in a different way. We need to encourage a transition in the UK towards much more sustainable types of farming and towards the production of food of a healthier sort, which creates health benefits for consumers. It is not business as usual here—the point is that it cannot be business as usual for agriculture post Brexit—but neither is it simply an environmental agenda. That is why I say we need agriculture plus environment at the centre of this.

--- Later in debate ---

[Dr Drew]

Q You heard the previous panel. Is the Bill an opportunity or something of a threat for the people you represent?

Diana Holland: We see it as a fantastic opportunity, but at the moment it is a big missed opportunity. We have been calling for a strategy for agriculture that looks at the whole food supply chain for a long time. What is missing from the Bill is any recognition of the agriculture workforce. A whole lot of things have happened to agricultural workers in recent times. There are ways in which they are protected internationally, because they are recognised as a particularly vulnerable workforce. If you look at the most recent report by the director of labour market enforcement, he includes agriculture among high-risk sectors. While a number of bodies are dealing with the most extreme ends, it is really important that the workforce are included in a strategy for agriculture going forward. We are very supportive of the need to look for a positive way forward, but we have proposals and suggestions for how that could include the workforce.

Ed Hamer: I echo those comments. Our members certainly find the proposal on the table progressive. We have a couple of concerns. We would like the Bill to be more supportive of the actual production of food—particularly healthy, affordable food for local and regional markets. We also have genuine concerns, which were echoed by some MPs on Second Reading, that nature-friendly farming could displace active farmers who produce high-quality food. Although we understand that food itself cannot be listed as a public good, we strongly believe that access to healthy and affordable locally produced food can and should be recognised as a public good in the Bill.

[Dr Drew]

Q So where do you see opportunities to improve the Bill?

Diana Holland: We think a clause should be added that specifically recognises the need to protect standards for agricultural workers. Sustain is supporting an amendment, which we would be happy to be attached to, on the kind of protections that the former Agricultural Wages Board provided. We recognise that this is a framework Bill and there are different ways of expressing things, but in the absence of anything at all we would want something very specific to be added that would recognise that matter. This is meant to be dealing with Brexit, and the treaty of Rome specifically says in article 39 that there should be a fair standard of living for workers in agriculture.

We have seen with the abolition of the Agricultural Wages Board in England a deterioration in pay. You would expect us to say that; we are trade union representatives. We have collected evidence from our membership that in the year after the abolition, 56% of those surveyed had not had a pay rise. Of those who had had a pay rise, 82% had had it imposed, and of those who had not had a pay rise, one third had gone to their employer to ask for a pay rise and been refused. A series of people formerly covered by the Agricultural Wages Board in England have had their pay completely frozen until the national minimum wage catches up with it, whereas in Wales, Scotland and Northern Ireland that is not the case.

In fact, just this month, the estate agent and land management advisers Strutt & Parker said in Farmers Weekly:

“It is difficult to justify suggesting that English employers should pay their employees less than they would receive if working in Wales—particularly given the shortages in skilled labour the sector is facing.”

They have recommended pay rises of 2.5% to 3.5% to deal with what is happening in England. That is a very specific example, but the unintended consequence—or perhaps, given the estimates made at the time, a recognised consequence—of the abolition of the Agricultural Wages Board is that conditions on not just pay but sickness, holidays and all the other things that were protected are deteriorating. We are extremely concerned, and there is an opportunity in this Bill to look at what is happening. If we are going to deliver decent agricultural production for the future, we need workers who are recognised and remunerated effectively. Without that, we are in serious danger of not being able to deliver in the way we should.

Ed Hamer: We see a clear opportunity for improvement in clause 1(1), and we have tabled an amendment on agri-ecology. At the moment, the Bill replaces direct payments with environmental land management payments, which in their current form do not guarantee food production in addition to the delivery of public goods.

By contrast, the agri-ecology amendment would focus on holistic farming systems as opposed to set-aside or marginal conservation measures. To give you an example, the payment identified under ELM would pay farmers for income forgone on the field boundaries, whereas in the middle of the field they could continue to spray pesticides or cease farming altogether. With the agri-ecology amendment, the integration of whole farm agriculture and agri-ecological principles would incentivise farmers to produce food on the field in addition to introducing ecological focus areas or diversity around field edges. Under the agri-ecological amendment, it is the farming system itself that delivers the public good.

[George Eustice]

Agri-ecology and other whole-system disciplines such as agroforestry would be covered and empowered under clause 1. We are considering that, but I would be interested in your views on the key barriers to your members’ setting up and what type of support would be most useful.

Ed Hamer: The majority of our members are farming on smaller acreages, typically anywhere between 1 and 20 hectares. At the moment our biggest challenge is access to markets. Over the last 20 years or so there has been significant under-investment in the infrastructure needed to support small-scale enterprises such as ours; I am thinking of local abattoirs, local creameries, food processing infrastructure, seed networks and things like that. What would really help us is targeted support for local food funding, to recognise the networks and infrastructure required to get the food from the farm to the market.

To give you my example, I farm a community-supported agriculture scheme in Devon, which we started in 2010 without any money. We got a grant from the Big Lottery Fund and were able to invest in polytunnels and the infrastructure required to get our operation up and running, including the machinery that we needed and a delivery vehicle. With that small grant, we managed to build a business over a relatively short amount of time. We are now independent of grant funding.

Our experience teaches us that our members have had similar challenges, but not all have been fortunate enough to secure an initial capital grant. For local food grant funding, seed funding for SME agricultural start-ups would be a fantastic way of getting small enterprises up and running, to the point where they can be financially independent.

--- Later in debate ---

[The Chair]

Q Mr Aston, you courteously deferred to your president. Is there anything you would like to add?

Wesley Aston: As far as we are concerned, the key issue in relation to this specific question is the ability to take our own decisions at a local level, and given the absence of the Northern Ireland Executive at the present time, we felt it was important to include that legislative power within the Bill. Going forward, as our colleagues from NFU Scotland have already said, there has to be scope within an overarching UK framework for the regions to tailor, within limits, the support to their individual circumstances—as we do under the CAP at the minute. That is critical going forward, and it is an opportunity for us all to try to address the three broad pillars of where we see support being essential.

From our point of view, that means sustainability and competitiveness, and particularly the whole issue of resilience. That goes back to my president’s point about having some sort of area-type payment as a resilience measure, but equally, the issue of the environment and how we take that forward. The Bill gives us more scope to do that, and we welcome the opportunity that it provides.

[Dr Drew]

Q Does it really matter if we have four different types of agriculture in the United Kingdom? Clearly, there will be an overarching structure, but from what you are saying, you all have slightly different ways of doing things. Is that likely to develop as the Bill goes through, or is it more centralised than some of us see it as?

Ivor Ferguson: It is essential that we have different structures and devolved powers to handle our different farming systems. You have to bear in mind that farming in Northern Ireland is so much different from farming in England. As I said, there are very small family farms that are very intensive, with large numbers of livestock. From that point of view, we would certainly need the opportunity to tailor a scheme to suit our Northern Ireland farmers.

Wesley Aston: If I can follow up on that, the Select Committee on Northern Ireland Affairs came out at the beginning of this week with a report into Brexit and agriculture in Northern Ireland, and specifically recognised the point that Northern Ireland agriculture had to be treated differently. The Committee came up with various ideas, and that report is a very good one. We largely concur with a lot of the recommendations and conclusions that emerged from it.

[The Chair]

Q Mr Clarke, from the point of view of your organisation, do you have a different perspective on this?

Alan Clarke: We are a non-departmental public body in Scotland, responsible for promoting and protecting the red meat industry, and a lot of our activities are to promote some of the best brands around the world, including Scotch beef PGI—protected geographical indication—and Scotch lamb PGI. That is a difficult one for us, because we work within the structure that we have. We are not a lobby organisation like the NFU and so on, and we work very closely with Government. Really, we want to see a clear framework that our levy payers can effectively work within.

Jonnie Hall: May I respond to the question? Today, there are four settlements of the CAP within the United Kingdom, and it is absolutely vital that that continues to be the case going forward. A one-size-fits-all approach across the United Kingdom would be seriously difficult to manage and implement, and it could be seriously damaging to certain areas, particularly in Scotland. Remember that Scotland is predominantly about livestock. Given the nature of our terrain, the agricultural profile of Scotland is very much in that “less-favoured areas” category. It has very extensive agricultural systems. Something that may look right in terms of delivering the right policy outcomes for Cambridgeshire would not look right in Argyll on the west coast of Scotland. We have very different farming structures and very different farming needs, so the support has to be tailored, as it is today, at the devolved level.

The question is really about what vehicle that should be delivered through. There was an earlier point about whether to deliver it as part of a UK Agriculture Bill and having a schedule in there for each of the devolved Administrations, or whether Scotland should do something separately, through the Scottish Parliament, and run its own Scottish agricultural policy. It is vital that Scotland has the latitude to implement the right measures, appropriate to its needs.

However, we also have to respect and protect the internal UK market, so that there is not a huge disparity in how farmers are supported, which could distort trade within the UK. We are not in that game. We recognise the importance of preserving the integrity of the UK internal market, which is vital. We currently operate under the CAP, but we have four different settlements for it. We are looking in the future to operate under commonly agreed regulatory frameworks, so that we all play by the same rules but are not necessarily on a level playing field in terms of how support is delivered. That is the case today.

[The Chair]

Dr Drew, I know you have to leave, but if you have any further questions, please ask them.

[Dr Drew]

Q On Northern Ireland specifically, you have to take account of what happens south of the border. We should not get into Brexit, but to what extent does this Agriculture Bill have to fit with what is happening south of the border? You obviously have people who farm both sides of the border anyway, so the support system cannot be radically different from that in the Republic, can it?

Ivor Ferguson: I think it can. We fully understand that south of the border they will retain the CAP area payment system. I have been saying that we should not necessarily go along with that. We think that, if the payment structure was of low-level payments on an area basis, it would give us the opportunity to ward farmers on to an activity—producing goods, whether beef, milk or whatever.

The most important thing is that farmers who are actively farming and doing a good job should perhaps receive greater payments, and also related to their productivity and their looking after the environment. At the end of a long day, so long as the system rewards farmers for doing a good job, it does not matter in what way it is developed, because at least the farmers would be rewarded in a similar way or with similar amounts of money. We do not have to deliver it in the same way, so long as we get to the same point in the end.

Wesley Aston: In terms of the importance of the Bill to Northern Ireland, we support the idea of being able to regionalise and have that flexibility going forward. One overarching principle, at a UK level, is budgetary cycles, which are UK-wide, and also things such as standards, which are UK-wide. Those are the areas in the Bill that are important to us. In terms of the support measures, if you like, the ability to regionalise is critical, but at the UK level we have to have certainty around those other issues for all parts of the UK.

Ivor Ferguson: I would like to add on standards that it is so important for us to maintain the standards and to make sure that no food of a lower standard is imported. In Northern Ireland we export at least 80% of our products into the mainland GB market, so any lowering of standards would have a devastating effect on Northern Ireland.

[Colin Clark]

Q In your submission, NFU Scotland said that the inclusion of a schedule bespoke for Scotland’s agricultural policy needs is important. Would a schedule in any way limit Scottish policy?

Jonnie Hall: No; if the schedule was written in the right way it would be about enabling and it would provide Scottish Ministers with the powers to develop, deliver and implement a Scottish agricultural policy, as is effectively the case under the CAP. That is essentially what we are looking for. It is a choice of which vehicle the Scottish Government choose to use and whether they want the vehicle that currently has its engine running and is sitting in this particular Westminster process, or something that might be brought forward through the Scottish Parliament.