Direct Payments to Farmers (Legislative Continuity) Bill

Fay Jones Excerpts

Committee stage & 3rd reading: House of Commons & Committee: 1st sitting: House of Commons & 3rd reading & Committee: 1st sitting
Tuesday 28th January 2020 Commons Chamber

[George Eustice]

It is complicated—as ever—with the common agricultural policy, but I tried to explain this point in my opening remarks. It is a quirk of the way that the EU budget works that the EU borrows the money for the pillar one payment—the BPS and area payments—from next year. Because the payments are made typically from December onwards, the money comes out of the 2021 budget. The pillar two payments come out of the 2020 budget—the year in which the money is spent. Put simply, we have not contributed to the 2020 capped budget because it is borrowed from 2021. I know that is complicated, but in essence we are not paying twice.

[Fay Jones (Brecon and Radnorshire) (Con)]

Am I right in saying that the Welsh Government take 15% of the direct payment away from farmers and transfer it into pillar two, and that that is the most that any Government across the European Union can take?

[George Eustice]

Yes, my hon. Friend is right. Under the common agricultural policy, there is provision for something called modulation, under which member states are able to transfer a chunk of money from pillar one to pillar two. Wales transfers 15%, or modulates by 15%, from pillar one to the pillar two budget. England modulates at the rate of 12.5%, and Scotland and Northern Ireland modulate considerably less, but still a little bit. There is a provision for that, and the Bill brings that regulation into UK statute.

Without clause 1, neither the Government nor the devolved Administrations would be able to continue to operate the 2020 direct payment schemes, and that would severely affect the agricultural industry, threatening the financial viability of agricultural producers who have planned on the basis of continuity of payments for this year. The direct payments basic legislation, and the implementing and delegated legislation, will become domestic law on exit day, as opposed to at the end of the implementation.

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[George Eustice]

For this year, the 2020 year, the payment window will be exactly the same as in previous years. The payment window opens on 1 December. Last year, the 2019 year, we paid around 95% of farmers by Christmas or the end of December, and the latest intelligence I have is that up to 97% of farmers have now been paid. So the vast majority of farmers—well over 90% and probably more like 95%—can expect to be paid in December 2020.

[Fay Jones]

On that point, I have a farmer in my constituency who is still waiting for his basic payment from last year. Rural Payments Wales is in a mess over a degree of payment. Will there be any opportunity, either in this Bill or in the forthcoming Agriculture Bill, to include a measure to allow compensation when farmers’ payments are delayed by Rural Payments Wales or the Rural Payments Agency?

[George Eustice]

That is a matter for the Welsh Government. I know that the RPA has had its issues in the past. All paying agencies in all parts of the UK are dealing with an incredibly complex body of law with a complex audit structure around it. As I say, with that being removed, I anticipate that all parts of the UK will find it easier to get payments out in a timely fashion by the end of this year.

I want briefly to touch on some of the other types of rules that are covered by this body of regulation. It sets out all the eligibility criteria—for instance, for common land and how to apply for it. It sets out specific requirements for areas such as the New Forest, which has a separate type of approach. It also sets out all the rules on transferring entitlements. There is a feature of EU law that states that someone can only claim on an area of land on which they have also lodged a so-called entitlement attached to that land, and there is a market in the transferable entitlement. The body of regulation also sets out all the so-called greening rules that were added in the last CAP reform. That includes the crop diversification rules for arable land, which stipulate that such land must have at least three crops. It includes the environmental focus area, which is the calculation someone can apply for their hedges to count towards that area. It lists the types of crops that qualify as leguminous crops for the purpose of the EFA rules. It sets out all the rules on buffer strips, including how wide a buffer strip must be when it is alongside a watercourse, and whether someone is allowed to have arable land or pasture alongside and adjacent to that buffer strip. The list goes on. It lists the types of crops that can count towards the three crop rule. For instance, it stipulates that a cabbage can be deemed to be the same as a cauliflower for the purposes of the three crop rule because they come from the same family. In other cases, it stipulates that certain crops are to be treated as separate.

Hon. Members may well be asking why on earth we will be bringing across regulations of this clunky nature. The answer, as I said at the beginning, is to provide clarity and certainty to farmers for this year only. The common agricultural policy, as currently designed, is a bureaucratic quagmire and we have no intention of retaining it for the long term. However, we recognise that evolving from the system that we have to the one that we want will take some years, and in this particular year we are proposing no change at all.

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[Neil Parish]

My hon. Friend raises a good point. If I interpret the Minister correctly, there will be much more flexibility to look at individual cases and have some discretion. I would like to see that written in blood before I am certain it will happen, as we have had so many problems over the years. My hon. Friend will know that we have had these problems not only in his constituency but across the country, and not for the want of the Minister trying to get this sorted. I believe he will, but we need to be aware of it.

I also welcome the Minister’s setting out that the entitlements for claims and all those things will be covered not only under this Bill, but in the new system. Entitlements for making claims have always been a major problem over the years, and as the systems have changed many people have fallen out of the various systems for being able to make a claim and then have had to appeal. Some of those appeals have been allowed, but some have not, and there has been some real hardship in some cases. This issue is important as we move forward.

One Conservative Member made a point about smallholdings, and it will be interesting to see what we do on that in the future, because at the moment we exclude those under 5 hectares from payments. If it is an area payment, I can see some logic to it, because of the number of claims, but if we are to move to a more environmental system, should not some of those smallholders also be entitled to a payment? I accept that that is very much for the next Agriculture Bill, but today’s Bill does allow for a continuation of payment and, we hope, some flexibility.

The Bew report recommended changes to the way in which the UK CAP funds are distributed among the UK nations. Following the review, the Government increased the amount of direct payment for Scotland and Wales. I very much welcome the money going to Scotland and Wales, but as an English farmer and someone representing an English seat, I naturally want to make sure that that goes as extra money and not at the expense of those payments coming to English and Northern Irish farmers. I think I have had the assurance from the Minister that that is the case.

[Fay Jones]

Does my hon. Friend agree that farmers in my constituency are at somewhat of a disadvantage, in that the Welsh Government want to phase direct payments out much faster than the UK Government? My local farmers who sit on the border between Wales and England will be looking over the hedge at neighbours who enjoy an awful lot more support from their Government.

[Neil Parish]

I very much welcome my new hon. Friend—it is great to have her here representing Brecon and Radnorshire. She makes an interesting point. I believe we are almost going too fast in transferring from one payment to another, given the history of not always getting these things correct in the first place, and so I would take a bit more time. The Welsh Government are going faster and that is the wrong way to go, because we have to make sure that the environmental schemes are up and running, and that they are not only delivering for the environment, but delivering cash into the pockets of farmers. I made this point last week when I said on Second Reading that some farmers believe they can replace all the money that comes from the basic farm payment with the new environmental schemes. They may or may not be able to do that. Perhaps some on permanent pasture, upland and grassland might do so, but others might not, and in Wales, that will be piling on the agony if they are not at all careful.