Agriculture Bill

Earl of Shrewsbury Excerpts

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

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I am pleased to support Amendment 12, moved by the noble Lord, Lord Curry of Kirkharle, and of course the amendments in the group tabled by my noble friend Lady Bennett of Manor Castle. I also should probably have signed Amendment 13, moved by my colleague the noble Earl, Lord Caithness, but I am afraid that sometimes these amendments just get away from me.

A direct experience of land, farming and wilderness is hugely important to understanding our place as human beings in the world and the impact that we are having on the environment and on our climate. As we begin to make the transition to a more sustainable, ecologically sound society with net-zero carbon emissions, public education is more important than ever. Education is a public good, and Amendment 12 reflects that fact, opening the door to enterprises that combine land management with education and training. I hope that the Minister will take these amendments away and ensure that environmental education and training is not left out of the Bill.

[The Earl of Shrewsbury (Con) [V]]

My Lords, I support Amendment 12 and I shall speak to Amendment 13, in the names of my noble friends Lord Caithness and Lord Colgrain. I ought to declare my interest as a member of the National Farmers’ Union.

Education is key to producing future generations of efficient farmers and land managers. While there are excellent world-class agricultural education facilities in this country—such as Harper Adams University in Shropshire and the Royal Agricultural College in Cirencester, to name but two—over the past few years a number of them have closed, such as Wye College, while a number of other establishments have downsized their activities considerably. In my opinion, it is vitally important that we have a world-class agricultural education system for this multifaceted agricultural industry.

I am pleased to have added my name to Amendment 13. I do not believe that “forestry” widens this Bill in the context of agriculture; I believe that forestry is a part and parcel of agriculture and the countryside, and therefore it should be included in the amendment moved by the noble Lord, Lord Curry. I support the amendment.

[Lord Lucas (Con) [V]]

My Lords, I thoroughly support Amendments 12 and 13. It has been very evident to me, since I moved out from a long career in London to live on the south coast, that even here, where we are surrounded by the most magnificent countryside, there are many people who are not connected to it. It is not enough just to provide opportunities; we have to invite people into the countryside by providing them with really good educational opportunities, particularly aimed at schoolchildren but for adults too. To my mind, that is a vital part of the strategy that underlies this Bill, so I am thoroughly in favour of Amendments 12 and 13.

I have tabled Amendments 32 and 33 in this group, which tackle rather different subjects. Over the next 25 years, we will face huge challenges in agriculture. Agricultural yields have been stagnating for a while, as the results of the last agricultural revolution reach their limits. We need to make some serious progress on increasing yield to have better productivity and to put less pressure on the demand for land. We need to make a lot of progress on biocides, so that we can start to reduce the side-effects that they have on wildlife and on the quality of our environment generally.

There are huge opportunities in these areas. The science of genetics is getting to the point where we can start to look at a whole new generation of crop varieties and indeed different crops, which should enable us to tackle both yield and disease resistance. The advances that we are anticipating in robotics will allow us to use much lower doses of biocides. Indeed, one British company is looking at killing weeds in mechanical ways rather than chemical ways.

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The word “balance” was used a lot on Tuesday, but at the moment the scales weigh heavily in favour of the public, with no compensation to help the farmer and the landowner. Unless that problem is addressed, many of the hopes and objectives of this Bill will not be met. I beg to move.

[The Earl of Shrewsbury [V]]

My Lords, I support my noble friend’s amendment. I believe it to be an extremely important one and I congratulate him on the way in which he moved it. It is a very wide-ranging subject. I have no problem at all with public access to land, so long as no damage is caused to property or to livestock. I believe firmly that if such damage is caused—not everyone who benefits from access to the countryside acts in a responsible manner—it is only fair that the owner or tenant of the property in question is compensated for the cost of that damage and its reparation.

To give an example, during the recent very hot spell, and with lockdown and social distancing in force, a field on the River Dove, very close to where I live in an idyllic part of the world called Dovedale—an area of outstanding natural beauty—was invaded by a large group of people, who picnicked there and swam in the river. The litter they left, both in Dovedale and by the river down in Mapleton, was like a carpet of detritus. It was atrocious—bottles, plastic bags, human waste and all sorts. It was cleared up and disposed of by the landowner at his own expense. Under the terms of my noble friend’s amendment, that landowner would have been reimbursed for his trouble. That seems to me to be only fair and right.

The other day, at Questions in your Lordships’ House, I asked my noble friend Lord Goldsmith whether it was the case that the landowner or the tenant should not be responsible for paying for the clearing of fly-tipping on their land. The answer that I got was less than satisfactory. My noble friend told me—to paraphrase—that the landowner or the tenant should pay for this because it was part of his responsibility of farming the land. That could not be further from the truth, and I think that is a pretty rough statement to make.

I support my noble friend’s amendment and I look forward to listening to what my noble friend the Minister has to say in this regard.

[Baroness McIntosh of Pickering [V]]

My Lords, I congratulate my noble friend on this amendment. I shall be brief, because it covers many of the points that I made on the third group. I also thank the Minister for adding Clause 1(1)(b), but I have questions for him. What form might the compensation take? Is one of the problems perhaps that rural crime is not taken as seriously as it might be?

I believe that such prosecutions come under the Environment Agency rather than the police. Should there be a wider use of cameras in rural areas believed to be prone to this? Where there is shared access between, for example, a county council as well as a different user of the land, should there be some arrangement to negotiate between them about who is responsible for policing this? How does my noble friend intend to police the current provision under Clause 1?

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Moved by

[The Earl of Shrewsbury]

26: Clause 1, page 2, line 18, leave out second “or” and insert “and”
Member’s explanatory statement
This amendment is intended to ensure there is not a disproportionate focus on either animal health or welfare, and that they are considered as interdependent.

[The Earl of Shrewsbury [V]]

My Lords, the prevention of disease among livestock is critical to ensure a vibrant future for UK farming. The outbreak of disease can cripple farms, cause chaos for farming communities and, ultimately, cost the British economy. For example, the foot and mouth crisis in 2001 led to over 2,000 cases of the disease, and in each individual case it meant a farm having to cull all its livestock. I know at first hand about that; I was farming right in the centre of it and all my neighbours had their livestock taken out. It was horrible.

Globally, it is estimated that as much as 20% of animal production is lost from disease. Furthermore, preventive measures to tackle the disease in the UK remain too low, particularly in the case of endemic diseases. Just one example is severe foot rot, which is found in 90% of lame sheep, despite a preventive vaccine being available. Sick animals are of course less productive, have reduced welfare, and place a major burden on farmers.

The Bill represents a real opportunity to reduce this burden and build a resilient and sustainable UK farming system. It is welcome that the Bill makes provision for financial assistance to be provided to protect or improve the health or welfare of livestock, which is recognised as a key public good in Clause 1(1)(f). Yet one crucial nuance in the language of that provision must change. It states that financial assistance can be provided for the purposes of

“protecting or improving the health or welfare of livestock”.

The health and welfare of livestock is not an either/or matter; they are of equal importance and, from my perspective, this opinion is well understood and shared by many, but especially by livestock farmers and vets. Therefore, the Bill must read that financial assistance can be provided for the purposes of protecting or improving the health “and” welfare of livestock.

The current wording risks effacing the interwoven nature of animal health and animal welfare. Preventing diseases is conducive to good animal welfare. Indeed, the reality it is impossible for animals in poor health to have good welfare. Moreover, it is not only important that we get this right from a legislative standpoint but, given that this line appears in the opening section of the Bill and that it epitomises the objective of the legislation—to provide farm support for the public good—it is critical to establish the right tone in relation to how the UK approaches animal health and welfare issues. As such, that is why I tabled this amendment, which proposes to replace “or” with the little word “and”. I beg to move.

[Baroness Bennett of Manor Castle [V]]

I thank the noble Earl for his introduction to this section on animal welfare, and I commend to your Lordships’ House Amendments 68, 125, 136 and 225 tabled by my noble friend Lady Jones of Moulsecoomb. I also express my support for Amendment 44, in the name of the noble Earl, Lord Dundee, which essentially expresses opposition to factory farming—a form of food waste that may come up in other sections of this debate.

However, my primary interest in this group relates to Amendment 77, and I thank the noble Baroness, Lady Boycott, for supporting it. It is something of an orphaned amendment in that it relates to Amendment 47, which is in group 9. However, I can see why it was put here, because it refers to consulting with

“persons and organisations who represent animal welfare interests … relevant non-governmental organisations, and … other persons the Secretary of State considers appropriate”.

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[Baroness Bloomfield of Hinton Waldrist]

I am grateful to all noble Lords who have taken part in this interesting and important debate on animal welfare. I shall say at the outset that I think we all want the same thing: we want the UK to be known for maintaining the highest possible standards in animal welfare. I am grateful to my noble friend Lord Shrewsbury for moving Amendment 26 and thus giving us the opportunity to have this debate.

The United Kingdom is already a world leader in animal welfare, and the Government are committed to retaining that status by maintaining and indeed strengthening our standards. My noble friend Lady Hodgson and the noble Baroness, Lady Ritchie, were correct about the symbiotic relationship between animal health and welfare, a point also made by my noble friend Lord Dobbs. I assure my noble friend Lord Shrewsbury that the current wording in the Bill is inclusive and provides for funding measures that support both animal health and welfare. The clause allows us to give assistance to make improvements in animal health without there also having to be a welfare benefit, or to welfare without there being a health benefit. An example of animal health without welfare improvement is enrichment through the provision of mechanical brushes for cows, while another might be the proximity of smaller slaughterhouses to reduce the number of miles that cattle have to travel, even if that does not necessarily enhance their health. The noble Lord, Lord Trees, is correct to point out that we intend to provide financial assistance in both areas. His illustration of a Venn diagram of how, when health and welfare interact, they are a smaller part of the whole was quite powerful.

The Government’s animal health and welfare pathway recognises the interconnection between animal health and welfare. It is about working in partnership with farmers, vets and their representatives to develop pragmatic actions that improve the health of livestock. Given that freedom from disease is one of the five key animal welfare freedoms, I can reassure my noble friend that in practice we will support both animal health and animal welfare. My noble friend Lord Caithness was correct to mention the need to build up greater animal resilience to disease, and I underline the credentials of my noble friend the Minister in this area.

I turn to Amendment 44 tabled by my noble friend Lord Dundee and Amendment 68 in the name of the noble Baroness, Lady Jones of Moulsecoomb. All animals, whichever system they are kept in, are protected by comprehensive and robust animal health, welfare and environmental legislation. This is further supported by species-specific welfare codes. Stockmanship and the correct application of standards of husbandry, whatever the system of production, are key to ensuring the good welfare of all farmed animals. This reflects the advice of our expert advisory body, the Animal Welfare Committee.

In the Government’s Farming for the Future: Policy and Progress Update, which was published in February, a comprehensive set of measures is set out to further improve animal welfare in England. The Government’s approach is based on working on three interrelated areas. The first area ensures that the baseline regulatory requirements will maintain our current high standards and continue their rise in future. Improvements should be sustainable for the sector and should be informed by the latest science and best practice. The second area of work aims to improve transparency for consumers so that they can make informed purchasing decisions that reflect their animal welfare preferences. Finally, using the powers in Clause 1, the Government are developing publicly funded schemes to provide animal welfare enhancements beyond the regulatory baseline that are valued by the public but are not sufficiently supported by the market. We are working closely with the Animal Welfare Committee to ensure that any future scheme is based on the best scientific evidence available. Here I am mindful of the comments made by the noble Lord, Lord Rooker. While outdoor rearing might be best for animals, land really is a scarce resource.

I turn to Amendment 95 tabled by my noble friend Lord Lucas. In other legislation such as the Agriculture Act 1947, “livestock” covers domesticated animals and birds that are raised to produce commodities such as meat, milk, eggs, leather, fur or wool. This Bill follows the existing definition of livestock, which is widely understood and relied on by those in and beyond farming.

Considering the case of farm dogs, it is difficult to draw the line between working dogs and dogs which are primarily companion animals. I reassure my noble friend that whatever the purpose of a dog’s presence on a farm, its health and welfare are still covered by the Animal Welfare Act 2006, which makes it an offence to cause unnecessary suffering to any animal and contains a duty of care to animals. That is part of the wider approach the Government have taken to the welfare of animals: for example, the ban on puppy farming, which was brought in through Lucy’s law. I do not have a line on maggot farming.

The Bill is the result of extensive consultation, including responses to the Health and Harmony Command Paper and discussions with the farming industry, vets and others. We have focused on farmed animals as the best way to drive up welfare standards, which is why the current definition is about production animals and does not include working animals such as farm dogs.

On Amendments 125 and 136 from the noble Baroness, Lady Jones of Moulsecoomb, the Farming for the Future policy update last February set out the Government’s work to develop financial assistance schemes to farmers to provide animal welfare enhancements. That work will inform the multiannual plan on these schemes, which are expected to come into operation during the seven years covered by the plan. The Government intend to set out further information on the early years of the transition in the autumn. The annual financial reports required to be published by the Secretary of State under Clause 5 will include the amount of financial assistance given through animal welfare schemes. Under Clause 6, the Government will publish reports that assess the benefits realised as a result of their animal welfare schemes.

On Amendment 225, again from the noble Baroness, Lady Jones of Moulsecoomb, I understand her concerns, but domestic legislation already protects animal welfare and environmental standards. For example, the Animal Welfare Act 2006 provides offences and penalties for those failing to meet animal welfare standards as required by law. Section 4 provides for offences connected to causing unnecessary suffering of an animal, and Section 9 provides for offences if steps are not taken to provide for an animal’s needs. Likewise, the reduction and prevention of agricultural diffuse pollution regulations makes it an offence to fail to meet environmental standards in relation to water. Section 11 makes it an offence to fail to comply with the regulations, and provides that the offence is punishable by a fine. These current rules, which I use as examples, ensure that those responsible for causing the harm, whether that be animal welfare or environmental, are those punished, and we have banned many cruel practices, such as battery chicken farms. It was interesting to hear from the noble Lord, Lord Rooker, speaking from his personal experience of looking round a broiler chicken factory farm, about how the farmer identifies his sick birds. I should also say that there has recently been a 53% fall in the use of antibiotics by farmers, which can only be welcomed.

On Amendment 77 from the noble Baroness, Lady Bennett, animal welfare is hugely important to the British public and indeed to all noble Lords who have spoken in this debate. In addition to the points already raised, I draw her attention to the aspects of the Bill which allow the Government to support plant-based production. Clause 1(2) allows the Secretary of State to give financial assistance in England for the purposes of starting or improving the productivity of a horticultural activity or for certain ancillary activities such as selling, marketing and preparing products derived from horticultural activity.

I have answers to the two other questions that did not fit into my speaking notes. My noble friend Lady McIntosh asked whether there would be funding for alternatives to antibiotics. Having already mentioned the welcome 53% reduction in the use of antibiotics, I say that Clause 1(1)(f)—I think it is paragraph (f)— covers alternatives to antibiotics. The noble Baroness, Lady Boycott, mentioned the worthwhile initiative of city farms, and Clause 1(2) could include those initiatives for support.

I hope that I have given sufficient reassurance and that my noble friend Lord Shrewsbury will feel able to withdraw his amendment.

[The Earl of Shrewsbury [V]]

My Lords, I am most grateful to all noble Lords who participated in this interesting discussion, especially my noble friends Lord Caithness and Lady Hodgson, who I am delighted felt it fit to support me. I am also most grateful to the Minister and her officials.

All the way through this discussion, which I found very interesting, I kept having déjà vu. Many years ago, when I was much lighter, braver and fitter, and did not have grey hair and a large stomach, I rode in a steeplechase in a wonderful place called Newton Bromswold. All the way around that three-mile course, I knew I was going to win, until I came to the winning post, and was beaten by a short head, having misjudged the thing. My noble friend Lord Denham was the Chief Whip in this House then and I had only just come here. He was in the crowd watching the race, and when I got off the horse, he said to me, “You just rode very well indeed, young Shrewsbury, but you really do need a new set of spectacles.” I will go away, consult, think about this again and read Hansard, and on that basis, I beg leave to withdraw the amendment.

Amendment 26 withdrawn.