Water Companies: Licence Conditions

Earl of Devon Excerpts

Wednesday 1st May 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

The noble Earl knows that it would be improper of me to comment on the details about Thames Water. I assure him and the House that we are taking an extremely close and careful look at this. It is in all our interests that the financial resilience of our water sector, as well as the individual players within it, is maintained and enhanced to ensure the level of investment required to improve water and address the issues related to sewage.

[The Earl of Devon (CB)]

My Lords, given the increasing regulatory and compliance burdens on water companies due to the Environment Act and such other essential recent legislation, is it not simply becoming unprofitable to invest in the water industry, which surely will make nationalisation at some point inevitable?

[Lord Douglas-Miller (Con)]

I do not think that I agree with that assessment at all; it certainly is not this Government’s policy to nationalise the water industry or indeed any other industry. Environmental issues around water companies are certainly highlighted more greatly than they ever were in the past. The Government have put a huge effort into monitoring the level of sewage and other pollutants going into the water systems. That, in part, is leading to much greater awareness of issues that have probably been going on for a very long time, and we are committed to fixing those issues.

Land Use Framework

Earl of Devon Excerpts

Tuesday 12th March 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

I thank the noble Lord for his question. Several government departments have targets with land use implications, and we are working with them to understand and take account of their land use expectations, as well as those within Defra. That includes the Department for Energy Security and Net Zero, the Department for Levelling Up, Housing and Communities, the Department for Transport and the Department for Science, Innovation and Technology. We are in consultation with all those departments at the moment.

[The Earl of Devon (CB)]

My Lords, I attended a soil health conference this morning which was excellently chaired by the noble Baronesses, Lady Hayman and Lady Bennett. Soil health is synonymous with appropriate land use. The repeated refrain from the experts was the importance of localised knowledge to manage our essential soils, including at individual field levels. In developing that land use strategy, what steps will the Government take to ensure that local land managers, who know their land best, are properly and actively consulted?

[Lord Douglas-Miller (Con)]

The Government are not currently planning to consult formally on the framework. We are not convinced that the benefits of formal consultation outweigh the burdens it could place on the many sectors involved in land management. We have engaged with relevant groups during the development of the land use framework, including other government departments, as I said, the devolved Administrations, and academics, including the Royal Society. We intend to engage more widely ahead of the framework’s publication. Most importantly, the development of the framework has also been informed by those managing land and farming. We have worked with farmer groups and investigated the decision-making processes of those farming in different landscapes across England.

Environment Agency: Flood Defence Expenditure

Earl of Devon Excerpts

Tuesday 20th February 2024 Lords Chamber

[Lord Douglas-Miller (Con)]

The issue relating to flooding is not so much where we build our houses but how we build them. Historically, there have been some real challenges putting the right defences in place when houses have been built on flood plains. The reality is that if we banned any housebuilding on any flood plains, we would build very few houses going forward.

[The Earl of Devon (CB)]

My Lords, I live and farm in a community that was inundated by inches of rain in a couple of hours last September. The 400 year-old school is no longer usable and ancient houses are uninhabitable. The cause of this was a simple lack of maintenance of culverts, ditches and drains by National Highways and local government. They simply do not have the budget to do that. What are the Government going to do to address this and ensure that local government has the money it needs to do the jobs we need?

Land Use in England Committee Report

Earl of Devon Excerpts

Tuesday 25th July 2023 Lords Chamber

[The Earl of Devon (CB)]

My Lords, what a privilege to be sandwiched between the noble Baroness, Lady Mallalieu, and the right reverend Prelate the Bishop of Carlisle for his valedictory speech—two Members of your Lordships’ House who have contributed so much to rural issues.

I point out my interests in the register, and thank the noble Lord, Lord Cameron, and the whole committee, for their excellent work on this important topic. There is so much to debate but, as has been mentioned, it is the last day of term, so I will contribute solely to three matters: the three Ms of multifunctionality, mud, and medieval land tenure.

As to multifunctionality, I note the Government’s reluctance to agree to a separate land use commission, which I am sure is disappointing to the committee. I suspect the next Government might be more attracted to the idea and I look forward to hearing the views of the Front Benches around the House. I am, however, somewhat sympathetic to their reluctance. Not only does a land use commission suggest connotations of a 1930s command economy, where the Government dictate what shall or shall not be done with each piece of land, but a land use commission may add unduly to a sense of bureaucracy and confusion surrounding land use.

The NFU has highlighted farmers’ overwhelm by the plethora of competing demands and, as a farmer and land manager, I have to agree. Since I started farming at home in 2015, the flood of acronyms that has deluged us is exhausting—from the relatively comprehensible BPS, ELS and HLS, we now have ELMS, SFI, BNG, LNRS, EIA, EIP, NbS, NRNs and SEAs, and that is just part of the glossary. The sector is drowning in well-intentioned initials and is confused. Are we farmers making food? Are we ecosystem services managers offering sequestration? Are we habitat bankers trading biodiversity? Are we public enemies responsible for climate change thanks to our belching livestock and river pollution due to our slurry pits? Are we purveyors of access, health and well-being? Are we rural business proprietors seeking to diversify into tourism and hospitality? Or are we simply stewards of our green and pleasant land, trying to get by and leave something for the next generation? In truth, we are all these things, and the sooner government policy and public perception can embrace the multifunctionality of these roles, the better.

For that reason, I applaud the committee’s emphasis on multifunctionality. I am, however, somewhat concerned that, despite its breadth of aspiration, it has been somewhat blinkered as to the extent of land and land uses that it has considered—which leads me on to mud. I note that the report contains 70 references to “wood” and 46 references to “forest”, but only two references to “wetlands” and seven references to “marsh”—of which five references are to Dr Tim Marshall, who is a planner. I note my interests as a member of the Wetlands APPG, alongside the noble Earl, Lord Leicester, and I am therefore surprised that not more could be said by the committee about the potential of our internationally significant wetlands and marshlands.

Anyone present for yesterday’s climate change debate would have heard me beat the same drum and repeat yet again the concern I raised in debating what are now the Agriculture Act and the Environment Act—that the intertidal habitats around our island nation are ignored at our peril. They are the front line in our defence against the sea and storms, they are the most protein-abundant and biodiverse ecosystems, they have huge sequestration and water purification capacities, and they are accessible and often approximate to our large and needy urban populations. They are where we mostly go on holiday yet they are hugely vulnerable and repeatedly ignored, and the regulations that govern them are not fit for purpose. I will repeat the request that I made last night of the noble Lord, Lord Callanan: will the Minister please acknowledge the importance of intertidal habitats and undertake to consider how they are best regulated and managed for all our benefit?

Finally, on medieval land tenure, August is medieval month at Powderham so it is very much the theme of the month. The noble Lord, Lord Moylan, has set this up well by his reference to private property rights. Here I note my interests as someone whose property interests derive from medieval times—the period of feudal rights. That may sound archaic and somewhat eccentric, but a surprisingly vast proportion of UK land is owned by the descendants of William the Conqueror’s Norman invaders. At a time of debate over land use and access and the duty of private landowners to offer public goods, it is perhaps worth considering that fact afresh.

I note that I am working with the University of Exeter alongside the Duchy of Cornwall on a proposed research project entitled “Past Harvests”, looking at medieval sustainable land management practices to extract lessons for our future land management. The thing that struck me was that feudal barons owed clear and defined duties to their sovereign, arising from their title to the land. Those duties included the duty to protect the kingdom and to provide knights and soldiers, most famously, but also other public duties. The noble Lord, Lord Moylan, references a war footing and, in this day and age, landowners are once more integral to the defence of the realm: this time, against the ravages of climate change. Does the Minister therefore agree that private land ownership could give rise, by its very nature, to a set of public duties to provide managed access to land, healthy, locally sourced food, carbon sequestration and water purification that could provide a fresh paradigm for considering in the context of the Government’s land use framework? I would be interested to hear the Minister’s thoughts.

Genetic Technology (Precision Breeding) Bill

Earl of Devon Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I note my interests as listed in the register, both as a farmer and as an IP and technology litigator at a law firm that represents clients active in this space.

I too welcome the noble Lord, Lord Roborough, to this House and congratulate him on an excellent maiden speech; I am glad to have another Devonian in our midst, particularly one who is so close to the cream and who brings such a wealth of expertise in markets of natural capital.

While welcoming one new Member, I regret the retirement of another. Viscount Ridley would have contributed significantly to our review of this Bill, and his absence will be keenly felt. I hope his rebellious backing of my conservation covenant amendment last year did not contribute to his departure.

As a committed environmentalist, farmer and cross-border IP practitioner, for me, this is a significant and exciting Bill. It promises considerable benefits to our food supply, to animal welfare and to our national well-being; it can contribute to our net-zero ambitions, our climate resilience and our restoration of biodiversity; and it also provides great prospects for our innovative bioscience and agritech industries.

It is the last of these benefits that is probably the most exciting. Generally as a nation, we flatter ourselves in thinking that what we do on our very small island will move the needle much on global climate change, food supply or biodiversity; we simply do not have the land to make a significant difference. But with excellent universities and research centres, harnessing a structured and internationally accepted regulatory framework, we can make technological advances that have a significant impact on a global scale. That is the gold standard for which we must strive.

The Government are therefore to be congratulated on bringing forward this Bill, but they must also be wary that these bright and shiny opportunities do not blind us to the dangers that many fear from the technological developments being considered. For those comfortable with biotechnology and its regulation—and plenty of eminent speakers today fall into that category—these fears about gene editing and the use of precision breeding may seem misplaced, but they may indeed be fed by unreasonable suspicions and a certain amount of hyperbole and misinformation. I note that certain briefings mischievously describe gene editing as a form of “deregulated” or “exempt” genetic modification. However, we need to be mindful of public sentiment and bring consumers with us by openly developing robust safeguards, transparent regulatory processes and proper parliamentary oversight. The Government must temper their tendency to introduce critical policy through secondary legislation that sidesteps oversight and engenders mistrust.

There is a major public relations element to this Bill, and the Government must strive to educate in order to overcome the worrying statistics revealed by Defra’s public consultation. In our post-pandemic, social media-mired world, we cannot ignore the fact that the vast majority of individuals and businesses disagree with regulatory liberalisation for genetically edited organisms. Can the Minister please provide any insights into the public information efforts that will be introduced to support the aims of this Bill?

Public information leads us to the question of traceability and labelling. It is important that consumers are conscious of where their food comes from and how it was grown, and universal traceability of our diet is an important goal, particularly as we seek to shorten supply chains and ensure producers are answerable for the manner in which our food is produced. But I do not think labelling is the answer here, as gene-edited produce that presents no additional risk to health or well-being should not be forced to compete unfairly with non-GE alternatives. If, as suggested, such produce actually improves health and animal welfare, or saves resources, then producers would undoubtedly extol those virtues in their own marketing.

I have already referenced the international export opportunities presented by this Bill, particularly for technology that can be developed. However, can we be certain that it presents no risks to our existing agricultural export business? Both the World Trade Organization and the European Commission are considering the regulation of gene-editing technology. Can the Minister please assure us that, by being an early adopter and taking a lone path, we will not unwittingly exclude ourselves from these international markets? In particular, what mechanisms are in place to ensure we maintain equivalence with future EU or WTO regulations?

I note some uncertainty regarding definitions and the market sectors impacted by this legislation. Briefings I have received focus largely on animals and plants for the food chain, but I trust the Bill will be equally applicable to silviculture and particularly the crucial development of disease-resistant and climate-resistant tree species, which are essential to the fulfilment of our extensive net-zero tree-planting commitments. Equally, I note that the legislation applies only to multicellular organisms. I wonder whether we are missing out by not addressing the opportunities presented by microbial proteins, which are single cell and an important alternative animal feed.

I agree with the concerns raised in the other place over animal welfare, and the fact that gene-editing technology must never be used to create animals able to withstand lower-standard living conditions. That said, it is a complex issue; for example, if we can help to create native breeds that survive in our inevitably hotter climate, that would surely be a good thing, even though some might say it enabled them to endure harsher living conditions.

The Bill asks much of the Food Standards Agency. I hope the FSA is prepared, and will be fit, for this important purpose.

I would be interested to understand the intellectual property implications of this legislation. Considerable intellectual property resides in the technologies developed to achieve gene editing, as seen in the extensive recent CRISPR technology disputes in the United States. Jurisdictions around the world remain uncertain and divided about the patentability of edited genes themselves, particularly where they are not otherwise naturally occurring. Can the Minister confirm whether the Government have considered that issue? It would be significant if gene-edited organisms were themselves protectable by the intellectual property regime, providing potential monopoly power to multinational agritech firms that would prohibit open access to the important public goods that should be created by the Bill.

I look forward to the Minister’s response and to working with noble Lords to deliver, I hope, a better Bill.

Environment Act 2021: Targets

Earl of Devon Excerpts

Tuesday 25th October 2022 Lords Chamber

[Lord Benyon (Con)]

Absolutely. We had the water framework directive when we were part of the European Union. We have transposed it into UK law. We want to make sure that it is right for the United Kingdom’s environment. However, that directive had very clear markers, which, to be honest, we failed to hit over many decades. Now, with this investment and the huge drive towards different farming techniques, we should see much clearer evidence about how we will hit those targets to get our water courses flowing and functioning properly; that will be available to everyone.

[The Earl of Devon (CB)]

My Lords, we have a biodiversity crisis but also a well-recognised housing crisis in rural areas. How do the Government seek to avoid the introduction of biodiversity net gain and the off-setting of 10% of biodiversity loss exacerbating the housing crisis, particularly in rural areas?

[Lord Benyon (Con)]

The noble Earl is absolutely right. We need to see more houses built. We want them built in the right place. Biodiversity net gain is a welcome addition to ensure that we not only protect habitats from damage but replace them—and some—in future. Small housing schemes in rural areas are, I am absolutely convinced, the right way forward because they have the almost unique element of being popular. We need to find housing particularly for younger families in rural areas, where they are finding it much too expensive. Exception site housing, which has been unbelievably helpful in that direction, needs to be stepped up a gear. I hope that my fellow Ministers in the new Administration will understand that this is a popular way of delivering housing.

Agricultural Fertiliser and Feed: Rising Costs

Earl of Devon Excerpts

Wednesday 29th June 2022 Lords Chamber

[The Earl of Devon (CB)]

My Lords, I am grateful to the noble Lord, Lord Redesdale, for securing this important debate. I note my interests as a Devon farmer and a lawyer working for a firm with an agricultural law practice.

The noble Lord, Lord Campbell-Savours, highlighted the humanitarian catastrophe unleashed by Russia’s invasion of Ukraine, from the devastation on the ground to the blockade of the Black Sea, which has held hostage so much of the world’s wheat, sunflowers and other key food commodities on which so many rely. As we focus our attentions on the unprecedented impact of these events on our own food and farming sectors, let us not forget the unimaginable suffering that will be experienced by the Middle East and north Africa over the coming months and years. The Government have my support in urgently seeking to unlock routes to market for Ukraine’s produce.

I turn specifically to the impact on UK fertiliser costs. The numbers are stark, as we have heard, with fertiliser prices increasing fourfold or more. I am aware that the Government have taken preliminary steps to address these costs, but ammonium nitrate has gone from £200 to £800 a tonne, and I understand that the cost of gas suggests it may reach £1,000 a tonne soon.

At the same time, domestic fertiliser production has plummeted as one of only two fertiliser factories in the UK has shut. I was totally unaware of the fragility of our domestic fertiliser production, and I ask the Minister to explain what steps the Government will take to ensure that domestic production recovers and that we establish better resilience and variety of production in the years ahead. It seems highly risky to allow a single company to control all domestic fertiliser production, and it suggests a severe market failure in a strategically crucial agricultural input. Will the Government undertake to monitor this and ensure it can never happen again?

Given that fertiliser cost and supply are likely to remain tight for months, if not years, and that the cost of imported animal feeds will also remain prohibitive, what steps are the Government considering to promote domestic production of alternatives? We have already heard about legumes, such as peas and beans, which are well suited to the UK climate. They are an excellent alternative to soya, they are flowering plants that support biodiversity, they fit well into a combinable rotation and, crucially, they are not dependent on nitrogen fertiliser.

I understand that Northern Ireland has run a protein crops payment pilot in recent years. Will the Government consider expanding this across the UK in response to the fertiliser and feed cost crisis, or perhaps as part of ELMS or the sustainable farming initiative?

Talking of sustainable farming, I went back to Professor Dieter Helm’s work, Green and Prosperous Land: A Blueprint for Rescuing the British Countryside, which I bought in 2019 when we began to consider the Agriculture Bill. His was the seminal work that inspired the agricultural and environmental revolution that we are currently undertaking. In his chapter on food production and self-sufficiency, the professor notes the farming industry’s concerns that farming is about food production and food security first, and then about nature. Dismissing this, he noted:

“Food security is largely an empty slogan of lobbyists. It should not be taken seriously.”


How times have changed. Following the hard Brexit, the pandemic, escalating climatic catastrophe and now the war in Ukraine, the world has turned on its head. Food security, famine and the migration and misery they cause are now top of the agenda.

I have been a keen proponent of the environmental and biodiversity agenda in recent years but have always sounded a word of caution, particularly given the excessive demands being placed on our island’s limited reserves of natural capital. Many of us called for longer to complete the agricultural transition from BPS to ELMS, citing the considerable stresses that would be placed on the fragile farming community. Those requests were rebuffed, with the Government confident that seven years would be sufficient. With fertiliser and feed prices now at unprecedented and wholly unsustainable levels, are the Government giving any further thought to the timing of our agricultural transition?

Noble Lords will recall plenty of debate over the merits of rewilding and the concept of sparing productive land for nature, rather than sharing it. Given the crisis in food production, will the Minister finally confirm that government policy favours the sharing of land and will not support the wanton destruction of productive and essential farmland in pursuit of expensive dreams of an impractical prehistoric wilderness that never truly existed?

Does the Minister agree that environmental benefit will be achieved not by condemning farmers and punishing them but by ensuring their operations remain profitable and productive, while improving environmental and biodiversity outcomes through agri-environmental schemes and agritech solutions? Our academic research institutions are leading the world in these two sectors, and we need to support them better.

I am looking for some silver lining. This crisis may present an opportunity to fast forward the development of environmentally friendly alternatives to existing production methods. Of particular significance is the need to find natural, organic alternatives to the polluting and energy-hungry application of nitrogen fertilisers. For instance, what steps are the Government taking to encourage the development and application of seaweed-based fertilisers? Seaweed is rich in nitrogen, potassium phosphate and magnesium. Given our extensive coastline, surely this is an area ripe for expansion.

Likewise, our green and pleasant land delivers one thing, grass, better than almost anywhere else on earth. Given the cost inflation and the environmental degradation inherent in soya-based animal feeds, will the Minister endeavour to provide better support to the pasture-fed meat and dairy industry? Of particular concern in Devon is the ongoing uncertainty regarding the farming rules for water, which remain opaque and unclear. Their uncertain and punitive enforcement is preventing the application of much-needed organic matter to Devon’s pastures.

Finally, conscious once more of the terrifying hunger that will result from the war in Ukraine, are the Government making any efforts to ensure that UK farming produce is available to assist those hungry and in need around the world?

Food, Poverty, Health and the Environment Committee Report

Earl of Devon Excerpts

Thursday 10th June 2021 Lords Chamber

[The Earl of Devon (CB)]

My Lords, it is a pleasure to welcome the noble and right reverend Lord, Lord Sentamu, to the Cross Benches. I hope he finds them as supportive as I have. It is also a pleasure to speak in the Chamber once more. It has been a very long year since last I was here, and a similar length of time since this excellent report was first published. The 12-month delay to this debate has only increased its urgency.

My appreciation goes to my noble friend Lord Krebs and the whole committee for producing such an excellent and insightful report in the teeth of the pandemic. The inequalities of which they write have been brutally exposed by Covid-19’s assault on those with poor diet and related ill health. There could not be a more important time to consider its conclusions and to press for the change that our nation is so hungry for.

As many have said, in reply the Government will doubtless repeat their reliance on the national food strategy, which is due to provide its second and concluding report at some point this year. The work of Henry Dimbleby and his team is to be welcomed and applauded, but we must be wary of the Government kicking the can by delegating their responsibility to bodies that will report at some future point. Assuming that the national food strategy reports later this year, the Government have a further six months to respond, so we will not see those details until the summer of 2022. With every month of delay, inequalities and ill health build. This delay will be fatal for many.

I note my interest as a Devon farmer—not quite Neanderthal but with some feudal origins. I am also a member of the advisory board of the South West Food Hub. I will restrict my focus to issues of food production, education and procurement.

As your Lordships are well aware from the Agriculture Act and the Environment Bill, never in recent times has there been more upheaval in policy and funding for land management. The loss of basic area payments and the introduction of ELMS heralds a sea change in how our rural environment is funded, providing public money for public good and moving focus away from the provision of food. Your Lordships will recall many hours debating the 10 ELMS purposes in Section 1(1) of the Agriculture Act, none of which include the provision of food—the basic purpose of agriculture for a millennium. Section 1(4) does require the Secretary of State to

“have regard to the need to encourage the production of food”,

but it is a secondary concern—it is a “regard”. British farmers are now predominantly environmental land managers.

Add to this elements of the Environment Bill, such as local nature recovery strategies and biodiversity net gain, and we have additional incentives pushing farmers away from the production of food towards the provision of ecosystem services. These worthy developments risk fundamentally altering our land use, and I request that the Minister reaffirm the Government’s commitment to the principal role of farming being the provision of locally sourced, sustainable and nutritious food for the benefit of the British people. If that is not the case, we need to know.

At the same time as these major upheavals are impacting farming, the Government are pursuing a trade policy focused on establishing a post-Brexit free trade network at seemingly any expense. The import of lower-cost, lower-standard agricultural products are at the heart of those negotiations. At this very moment we are in an arm wrestle with Australia over its desire for access to British consumers for Aussie red meat, providing an existential competitive challenge to the British pasture farmer.

Although I agree with the report that we need a dietary shift to less and better-quality meat, that shift should not be to meat produced to lower welfare and environmental standards imported at considerable carbon cost. This would not improve the diet of the British public. Indeed, it might make meat even cheaper and thus increase its consumption, moving us yet further from the Eatwell guidelines. Rather than subjecting our high-quality livestock production to an uneven playing field through unbalanced trade capitulations, our Government should be banging the drum for grass-fed British meat and dairy as the highest-quality and most sustainable natural protein available. Will the Minister confirm that British livestock farming will not be sacrificed by the noble Lord, Lord Hannan, on the altar of free trade?

The story of our food and the sustainable natural heritage from which it derives needs to be better told. Professor Dasgupta’s recent report on the economics of biodiversity is adamant that environmental education is key to restoring an understanding of our natural world. The Government have not responded to that recommendation, and I wonder whether the Minister can let us know whether they intend to do so.

I applaud the Government’s efforts to increase public understanding of a healthy diet, and to making health education compulsory for state-funded pupils. If the Government are able to do that for human health, would it not be reasonable to expand the syllabus to include our planetary health, thereby providing all state-funded pupils with the environmental education Professor Dasgupta considered essential? This would enable them to adopt both a healthy and an environmentally sustainable diet.

As the noble Lord, Lord Curry, has noted, public food procurement is the one area in which the Government could have the quickest and most fundamental impact on public health and sustainable food production. I note the Government’s commitment to using public sector procurement to improve the quality of food, as well as supporting local communities, improving nutrition and sustainability.

The South West Food Hub is a community interest company working in partnership with the Crown Commercial Service to deliver a new approach to public sector food procurement, known as the future food framework. The aim is to support small and medium-size producers in the region to sell directly to public sector institutions, ensuring that hospitals, schools, prisons, the armed services et cetera are eating healthy and locally produced food procured at a consistent and affordable price. The scheme both minimises food mileage and maximises the opportunity for those consuming the food to engage with and understand its production. Will the Minister confirm the Government’s support for the work of the South West Food Hub and its ground-breaking pilot with the CCS?

Finally, there has been much talk of obesity and the Government’s obesity strategy. As a member of the National Plan for Sports and Recreation Select Committee, I just add that we will be addressing another aspect of the obesity crisis—as the noble Lord, Lord Krebs, well knows—with a view to encouraging greater activity and well-being for those who we hope will be enjoying a healthier and more balanced diet. I congratulate the Liaison Committee for its joined-up thinking in that regard.

Environmental Land Management Schemes

Earl of Devon Excerpts

Monday 24th May 2021 Lords Chamber

Asked by

[The Earl of Devon]

To ask Her Majesty’s Government what progress they have made towards developing environmental land management schemes.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I declare my farming interests as set out in the register. Our approach to environmental land management is the cornerstone of our new agricultural policy. Work to deliver the schemes continues at pace. In March 2021, Defra published plans for piloting the sustainable farming initiative, which opened for expressions of interest. All successful agreements will come into force from October 2021. Preparations to pilot the new local nature recovery scheme and to launch early landscape recovery projects continue. They are expected to start from next year.

[The Earl of Devon (CB) [V]]

My Lords, it is a pleasure to welcome the Minister to the Dispatch Box at such an important time for British farming. I declare my interests as a Devon farmer. Does the Minister agree with His Royal Highness the Prince of Wales that farmers face a unique triple threat from decreased basic payments, increased trade and an uncertain transition to sustainable farming under ELMS? Do the Government accept that the uncertainty over the details of that transition is bad for farmers and, more particularly, worse for the environment?

[Lord Benyon (Con)]

Like the noble Earl, I certainly recognise the need to provide further certainty. That is why in November we published the agricultural transition plan, which set out in detail how we will phase out direct payments and will support the sector to contribute to environmental goals and to be profitable and economically sustainable without subsidy. Since then, we have launched the initial farm resilience fund, opened the Countryside Stewardship scheme to further applications and published a consultation on delinking and the lump-sum exit scheme. More than 2,000 farmers have applied to pilot the sustainable farming incentive. Across the summer, we will provide further information on early rollout of the sustainable farming incentive, the farming in protected landscapes programme and our tree health pilot, and we will announce the successful applicants for the farming resilience fund.

Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021

Earl of Devon Excerpts

Monday 22nd March 2021 Lords Chamber

[The Earl of Devon (CB) [V]]

My Lords, I note my interests as a Devon farmer. Given the weekend’s criticism of Members speaking in their own interest, I add that I am proud to speak for farmers from Devon. This House is well served by Members with hands-on experience, and I particularly appreciate that both the Minister in this House and the Secretary of State in the other place are themselves farmers and are sensitive to farming interests.

I am grateful for the hard work of Defra in implementing the Agriculture Act, but these regulations raise concerns. Like many farming families, I sat down last week, having established harvest 2021, to review budgets and understand the implications of the agricultural transition on farming operations. The many uncertainties are a challenge for farmers, the environment and the provision of the affordable, healthy and nutritious food that our nation so desperately needs right now. But of more immediate concern is the fact that these uncertainties risk severely limiting the adoption of ELMS, thereby frustrating the Government’s well-intentioned reforms.

As to the direct payments to farmers regulations, do the Government accept that decreased financial support will result in less money to invest in new equipment and technology and will require farmers to intensify their current farming practices in order to maintain their viability? This can only mean a decrease in relative productivity and an increase in environmental degradation. What steps are the Government taking to monitor these impacts during the transition period?

On direct funding, how much do the Government expect to save by these regulations, and where will that funding now be applied? Will 100% of the savings be redistributed to farmers? Can the Minister confirm that none of these funds will be diverted to the administrative expenses of the agricultural transition?

Finally on this regulation, what are the Government’s plans for future reductions beyond 2021? I agree with the noble Lord, Lord Rooker; farmers are already planning for 2022, and necessary investment will not be made if they do not have a clear idea of their future funding streams. Without a clear road map, productivity and the environment will suffer.

I welcome the launch of the sustainable farming incentive pilot. Is it correct that the SFI pilot is unavailable to any farmer already part of the Countryside Stewardship scheme, and thus is available only to those who have chosen not to enter such schemes or whose schemes have recently expired? If so, it seems unlikely to be an effective pilot, if those being asked to trial SFI are sceptics and non-adopters.

Turning to the Agriculture (Financial Assistance) Regulations, the mechanics of monitoring compliance are essential, but the extent to which inspection burdens farmers, and particularly farmers’ families, will directly impact their popularity. In this regard, there are a number of serious concerns. The regulations suggest that inspections may occur at a “reasonable hour”, but nowhere is that term defined. Given the working hours and seasonality of farm work, this may be particularly challenging. Inspection mid-harvest or mid-lambing could be an unreasonable hour, at any time of day.

Inspections may take place anywhere other than a private dwelling, and yet, as the Minister knows, a typical farmhouse kitchen is often the administrative heart of farming operation, and sometimes also a creche for newborn lambs. How will inspectors gain access to the records they need if they cannot access private dwellings? Equally, how will the privacy of farming families be preserved under such an inspection regime?

There are notice provisions before a virtual inspection by live video link, but there are no such notice provisions required before inspection by remote sensing, thus inspection by drone is permitted without notice at any reasonable hour of the day. This raises major concerns for privacy and security, particularly as drones are now popular with criminals scouting rural targets. For those living on isolated farms, the presence of a drone overhead can be very disconcerting. Furthermore, many farmers have diversified into tourism, particularly here in the south-west. As drafted, these regulations may permit drone inspections of campsites and holiday lets, irrespective of the privacy concerns for guests.

It is not apparent either who the “authorised person” will be, and who such “other persons” as the authorised persons think necessary are. These individuals have considerable powers of inspection and enforcement, including the ability to take documents, inspect computers, and take a photograph or a record in digital form of anything on or associated with the land or premises. This is a remarkably wide power. Indeed, it suggests that taking a digital copy of the family computer, if used in the farm office, would be permissible, and I see no safeguards around how these powers may be exercised.

Finally, the right of appeal under Regulation 31 is to a person or persons appointed by the Secretary of State, with no specificity on independence or qualification. Given that it is the Secretary of State’s own determination that is being appealed, it seems contrary to the interests of justice to permit him or her to appoint the appellate tribunal.

This is by no means an exhaustive list of concerns, but they are extensive. Unless they can be resolved, there must be major concerns about the attractiveness of the entire regime. I look forward to hearing the Minister’s reply.