Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 25th February 2020

(4 years, 8 months ago)

Public Bill Committees
Read Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 February 2020 - (25 Feb 2020)
Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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I beg to move amendment 1, in clause 1, page 2, line 6, leave out “may” and insert “must”.

This amendment would require the Secretary of State to provide financial assistance for the purposes listed in Clause 1.

It is a pleasure to serve under your chairmanship, Mr Stringer. I welcome everyone to the Committee. I suspect we will have lengthy and interesting discussions, and I am sure we are all very much looking forward to that.

To those who were here some time ago for Committee stage of the Agriculture Bill in the last Parliament, the amendment will look remarkably similar to the opening amendment then, although of course the world has moved on. This is a big issue, but I would like to preface my detailed “may”/“must” comments with some overarching observations.

I should make it clear from the start, as we did on Second Reading, that the Opposition support many of the principles underlying the Bill. Indeed, as I have pointed out before, one can find similar sentiments about improving the common agricultural policy and making it more environmentally friendly as far back as Labour’s 1998 rural White Paper. We have already said that the shift to incentivising farmers to provide greater support for the environment and deliver public goods, and to providing finance for that, is welcome.

I think there is widespread agreement about that—interestingly, not just in this country. Those who were present at yesterday’s debate on an agriculture statutory instrument will know that I spent some time then explaining how the European Union has sought to green the common agricultural policy, including by promoting measures such as environmental land management schemes. I observed that I find it slightly puzzling that a Government so enamoured with burnishing their green credentials did not fully use flexibilities such as the 15% in pillar 2 that could have been transferred to environmental schemes in England. However, a repentant sinner is always welcome—despite the nagging suspicion that some may not be entirely repentant.

The Opposition seek to work constructively to improve the Bill, but also to tease out what we see as some of the underlying contradictions, not least by pointing out that the Government are proposing a framework system for agriculture that does not see food production as a key part of its role. I quite understand why those fighting for a shift to environmental goods—they have fought the good fight for many years—may be nervous about the risk of business as usual through the back door, but we must be aware that just exporting our environmental damage somewhere else does not help. I must say that the Secretary of State’s continuing refusal to put into law the standards we need to apply to imported food does little to assuage concerns, and his comments at the weekend did little to reassure us. We will return to that at a later stage.

Members do not just have to take my word for that. They might want to look, for instance, at the powerful response to the new immigration system from the British Poultry Council last week. Its chief executive, Richard Griffiths, said the proposals

“have shown a complete disregard for British food production and will have a crippling effect on our national food security”—

a very strong statement from an industry leader. He continued, and this is the salient point for this morning:

“We cannot run the risk of creating a two-tier food system where we import food produced to lower standards and only the affluent can afford high quality British produce”.

That is the danger—some farmers paid via environmental land management schemes to do good things, with a bit of food production on the side, while the food that most people in our country eat is imported to lower standards. That is the risk, and we will not take it.

Our support is qualified on the Government coming clean on the plan. On a day when Sir Michael Marmot has laid out the consequences of the policies of the last 10 years—shameful consequences in my view—it is hardly surprising that people are worried, because the creation of a two-tier country is part of a piece, and the architects of this Bill have also been responsible in other policy areas for where we find ourselves today, in a disunited kingdom. We are not prepared to see this continue. For our purposes today, how much better if we had had the food strategy, and probably the Environment Bill, in place already, but we are where we are.

Having made trenchant criticisms of the Government, it would be churlish of me not to acknowledge that there have been improvements since the first version of the Bill, and we welcome them. We have noticed that the Government have been responsive to constructive criticism of their proposals and made additions to the Bill from its previous incarnation, following strong interventions by stakeholders. We hope that the Government continue to be receptive to improvements, because we believe there is certainly room for improvement.

It is precisely because changes have been made to the Bill, and because the climate and ecological crisis has become ever more pressing in the year or more since the Bill was last in Committee, that it is so important that we have returned to scrutinise this new version of the legislation. Our amendments are intended to strengthen the Bill—to give it more bite and deliver greater certainty to our farmers, to tackle the health and climate crises, and to fill in some of the gaps and missed opportunities.

I turn to “may”/”must” in amendment 1. Clause 1 gives the Secretary of State the power to provide financial assistance for the public goods purposes listed in the clause. It stipulates that the Secretary of State may do this, but there is no requirement to do so. Our amendment would change that, so that the Secretary of State must provide financial assistance for those clause 1 purposes, which I suspect we will debate at some length.

The simple fact is that the Secretary of State is not bound to do those things; they do not have to do them. The Government have guaranteed the previous annual budget under the common agricultural policy to farmers for every year of this Parliament, but what about after this Parliament? What guarantees do we have that financial assistance will continue to be provided for these public good purposes if that is not a strong requirement in the Bill?

What guarantee can the Minister give that the promised budget will be allocated? We still do not have the long-promised broader policy statement on ELMS. I wondered whether that was what the Prime Minister was working on at Chevening last week—I can imagine him spending his week doing the detailed policy work—but I am told that it is imminent and will be available within minutes. I think it is slightly disrespectful to Parliament to introduce such an important part of the policy process half an hour after Committee proceedings have started—I am sure we will all spend our lunch time poring over it.

I understand that the Secretary of State’s need to avoid the difficulties of his predecessor earlier this year and to have something to talk about when he is at the National Farmers Union—once a pressman, always a pressman. I rather admire that; however, I think we should have seen the statement before today.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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I arrived in the office just before nine this morning to discover that these documents had been produced. That makes things very difficult, because we may have missed the opportunity to table amendments to this part of the Bill if anything in those documents raises concerns. As my hon. Friend said, it is wrong that this situation has been dictated by the need for the Secretary of State to make a speech at the NFU this morning. The Committee should take precedence.

Daniel Zeichner Portrait Daniel Zeichner
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My hon. Friend is absolutely right. We are politicians and we know how the world works, but it is a pity. This Government have a strong majority and are at the start of their term; surely they should not be running scared so soon. Frankly, it speaks volumes. I do not blame the Minister—I am sure she is doing what she has been asked to do—but this raises particular difficulties for us. Until we have seen the documents, we will not know whether we should have tabled different amendments. We probably have a fair idea of what is in there, but this is no way to proceed.

Do we know that the money will actually be allocated? This is a change to a new and complicated system. The experience of stewardship schemes in the past is that they have not always been easy. We heard very enthusiastic evidence the week before last from some who say that everything will be wonderful. That is not what I hear from others. The question in my mind is whether budget allocated will be different from budget taken up. My sense is that many farmers think they are going to get the same kind of money, minus the 10%, in the years ahead. They may not. There is no guarantee that they are going to get the same amount for doing something slightly different. The money may be allocated in very different ways, which is part of the concern that people feel.

The shift that we need to see in our agricultural systems towards producing food in a way that is less destructive to the environment and that reduces agriculture’s contribution to climate change is too important to leave to the optional discretion of Secretaries of State. Under the current wording, we find ourselves in the uncomfortable position whereby current and future Secretaries of State will be under no actual obligation to provide financial assistance to address agriculture’s contribution to climate change, despite that supposedly being a key driver of the Bill.

If the Government understand just how important the environmental and climate crisis is, it really is not such a tough ask for them to back up their commitments with stronger wording in the Bill. Others had the same discussion about the previous iteration of the Bill, so I am well aware of the current Secretary of State’s arguments against the change—that by keeping this as a power and not a duty, the Government are following a legislative tradition—I am sure the Minister has been given appropriate examples to make that point. I will not re-rehearse the point, but she will note that it was not only the Opposition who expressed that concern last time. She may find that some Members on her side of Committee care and worry about this issue. I would gently point out that the circumstances are really rather different now; in fact, the case has been strengthened since the previous discussion, given the climate emergency that we are facing. We hardly need look very far around the country to see the evidence of that.

Of course, we are also now leaving the European Union and embarking on a journey of considerable financial uncertainty for farmers and the wider rural community. That is why we need strong legislative commitments that guarantee long-term support for the environment and the climate, and financial certainty for our farmers. All that the amendment would do is make it a requirement to provide the financial assistance.

Other measures in the Bill are worded as requirements. Clause 4 makes the preparation of multi-annual financial assistance plans a requirement, while clause 17 obligates the Secretary of State to report to Parliament on UK food security. There are other provisions in the Bill where the power is a duty. The amendment would ensure that clause 1, which is pretty much at the heart of what we are talking about, has equal standing to other clauses. Shifting the power to a duty would rightly open the Secretary of State’s actions up to proper parliamentary scrutiny. If it is the law that the Secretary of State must provide finance for those essential activities, and they do not, they can be held duly accountable.

Victoria Prentis Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
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It is a great pleasure to serve under your chairmanship, Mr Stringer, at this very exciting time for agriculture. I thank the hon. Gentleman for his broadly kind words this morning and for his acceptance that we have a great deal in common across the House, as we move forward in planning the next stages of food production, farming and other systems that we want to implement to make sure the environment is better protected. We have much in common in this area at the moment.

As a newbie to this Committee, I also welcome those who served before and who, as the hon. Gentleman said, did a great deal to improve the Bill, which appears before us today in a new, streamlined form. Clause 1(4) includes an important mention of the role of food production as part of what we do in our countryside. It makes it clear that encouraging the production of food in an environmentally sustainable way is necessary. That is one of the most important changes made to the Bill, and I hope the hon. Gentleman recognises that.

The hon. Gentleman also referred to standards. I am sure we will return to this discussion, probably next week, when we discuss imports and how that issue will be taken forward. I ask him to accept that my predecessor and I—and, indeed, many Government Members who are interested in agriculture—have always been clear that it is important that we are committed to the highest possible standards of food production. We want reasonably priced food, but produced to a standard of high ecological and animal welfare.

Kerry McCarthy Portrait Kerry McCarthy
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Can the Minister clarify whether she is talking about standards in the UK or standards of imports, too?

Victoria Prentis Portrait Victoria Prentis
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It is a great pleasure to take an intervention from the hon. Lady. She and I have worked together for many years on food waste reduction, so we have had a certain amount to do with each other in that sphere.

The Bill deals with standards in British agriculture that we impose on our farmers. It is inevitable at this exciting time for our nation that we will also stray into discussions on imports. I do not wish to shut those discussions down, however the Bill concentrates on the financial assistance that we give to the people who produce food in our countryside and are engaged in other schemes that, hopefully, will help us to enhance the environment.

I wish to restate the Government’s commitment to giving farmers, stakeholders and the public as much certainty as possible as we move away from the common agricultural policy towards our new policy of public money for public goods. I know that the previous Committee discussed at enormous length whether “may” or “must” should be used. As you may have heard, Mr Stringer, I am a former Government lawyer, and I am aware of the way in which legislation is often framed. When talking about financial assistance—which I politely say is what makes this different from the other clauses that the hon. Member for Cambridge referenced— it is traditional, in this sphere at least, although not in all Government legislation, to use the word “may”. Two examples are the Natural Environment and Rural Communities Act 2006 and the Science and Technology Act 1965, which both use the word “may” when discussing financial assistance. I would suggest that, in this situation, that is not an unusual piece of drafting nor one that in any way lessens our commitment to providing the financial assistance to which we have committed for the remainder of this Government.

We listened to hon. Members’ concerns during the passage of the first version of the Bill and have included new duties relating to financial assistance. The provision of the multi-annual financial assistance plans under clause 4 is a significant change, which sets out our strategic priorities for financial assistance under clause 1, with the first plan starting in 2021 to cover our seven-year transition period. Publishing these plans and other reports required under part 1 will ensure greater transparency and provide necessary certainty about the amount of public funding that has been allocated under clause 1.

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Kerry McCarthy Portrait Kerry McCarthy
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Mr Stringer, amendment 11 is in this group. Is it in order for me to speak to that amendment now?

None Portrait The Chair
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It is in order. We are debating amendments 2, 11 and 3.

Kerry McCarthy Portrait Kerry McCarthy
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Thank you for that clarification.

My amendment 11 is very similar to the Labour Front Benchers’ amendment 2. It would give the Secretary of State the power to provide financial assistance for the purpose of

“establishing, maintaining and expanding agroecological farming systems, including organic farming.”

For a number of years, I chaired the all-party parliamentary group on agroecology for sustainable food and farming. We have not yet reconstituted in this Parliament, but the group has gone from strength to strength. It is fair to say that, when I first got involved, it was very niche; we would have meetings with a small handful of people. Now, however, we regularly pack out Committee Rooms—standing room only. As I said, I chaired that group for a number of years, apart from when I was in the shadow Cabinet, when my hon. Friend the Member for Cambridge kindly took over.

Contrary to what the right hon. Member for Scarborough and Whitby just said, agroecology is not just about organic production. I entirely refute what he said about organic productivity and so on. Unfortunately, I do not have the figures to hand, but I am sure that the Soil Association will soon be in touch with him and the rest of us to put straight some of the things he said about the ability of the country to feed itself under an organic system.

Agroecological systems include organic, agroforestry, pasture-based livestock systems, integrated pest management—farming in a way that does not require pesticides—low-input mixed farming and biodynamic agriculture. All such things deliver a higher level of benefits and co-benefits across the farm than conventional systems do. Organic farms have 50% more wildlife than conventionally farmed land, and healthier soils with a 44% higher capacity to store long-term soil carbon. Obviously, too, if the soil is more fertile, that increases productivity. The amendment is supported by Sustain, the Landworkers’ Alliance, the Soil Association and many others.

My hon. Friend the Member for Cambridge mentioned food deserts. The survey that he mentioned showed that two of the top five food deserts in the country were in south Bristol: the estates of Hartcliffe and Withywood. In the top 100, an area in my constituency is also listed. In a city such as Bristol, that is really surprising. Bristol prides itself on going for gold among the Sustainable Food Cities later this year—I am sure the Minister supports that; we are surrounded by countryside, with an awful lot of urban food growing; and Feeding Bristol does a tremendous amount of work to encourage healthy eating and tackle food poverty. Yet we still have those areas where that is a difficult problem to crack, so I very much hope we will pay particular attention to that in the food strategy that the Government are developing.

On the amendment, as I said, agroecology integrates food production with delivery of environmental and social public goods. That would give farms the support and incentives they need to transition to ecological farming models. I am sure that at some point we will talk about climate change, but land use—the sustainable use of land, which means sustainable agriculture—is absolutely intrinsic to meeting our global climate targets. We will discuss later why there is no commitment to net zero in the Bill, as supported by the NFU. We must take the situation seriously, and it is so frustrating that, year on year, all we talk about is fossil fuel use and industry, with perhaps a little nod to transport and electric vehicles, but we do not talk about this incredibly important angle—locally and in the impact overseas with deforestation and so on, as was mentioned.

The recent Institute for Sustainable Development and International Relations modelling report makes it clear that a 10-year transition to agroecological farming, which was also recommended by the RSA’s food, farming and countryside commission, can deliver the food and environmental outcomes needed to feed Europe and to tackle the crisis we face. Were the Minister to look at the example set by France, she would find that there is far greater focus on agroecology and organic farming, and it has been done very successfully.

The Bill only rewards farmers for managing land or water in a way that protects or improves the environment; agroecology would reward them for integrated, whole-farm action. At the moment, a farmer might still farm unsustainably in the middle of the field, so most of the farm would not be sustainable, but could get the public money for public goods for things done around the edge. Farmers will be able to pick and choose—to cherry-pick certain things that they do—and that will not transform farming in the way needed.

If agroecology is specified as a Bill purpose, the Government could also chose to develop schemes that deliver social benefits as part of the farm system, such as community projects for public education about food growing and cooking. That is so important, to change farming from being seen as part of a countryside versus town thing; everyone eats food and benefits from the growing of healthy food.

The Bill fails to support whole-farm systems in delivering public goods in an integrated manner. Agroecological farms, including organic, at the moment may get start-up funding under clause 1(2), and certain agroecological approaches may get funding under clause 1(1), but there is not support for whole-farm systems to deliver public goods on an ongoing basis. That is not explicit anywhere in the Bill; I think it should be.

None Portrait The Chair
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May I clarify the answer to the hon. Lady’s initial question? It was completely in order to debate amendment 11. If she wishes to press it to a vote, that will be after the debate on amendment 40. I hope that is clear.

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Daniel Zeichner Portrait Daniel Zeichner
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The right hon. Gentleman tempts me to go back to the Marmot report. Sadly, not everyone is living to 100—not everyone necessarily wants to live to 110 or 120, of course—and the worry is that the increase in life expectancy appears to have stalled. However, he makes an important point. I am not one of those who thinks that life was so much better in the past. Most of us can recognise plenty to celebrate in the modern world and in the technological advances we have made, but alongside those advances we have learnt some of the downsides and unintended consequences of some of the things that we can now do. Perhaps we are at a point in time—to go back to this being a key moment in developing our policy for the future—to look at the decisions made 40 years ago to tackle scarcity and shortage. Now, we might be tackling a different set of problems. That is why the debate is so important, but the right hon. Gentleman makes an important contribution.

Going back to the potential issues with pesticides, in March 2017 the report of the United Nations special rapporteur on the right to food highlighted the fact that chronic exposure to agricultural pesticides has been associated with several diseases and conditions, including cancer, developmental disorders and sterility, and that those living near crop fields are particularly vulnerable to exposure to those chemicals.

Again, I acknowledge that some of that is contested, but it would be unwise to suggest that there is no potential problem here. If we can find ways of reducing the risk, that is surely something to be sought. It is also the case that, while those who are administering the pesticides should use protective equipment when using agricultural pesticides and there are clear guidelines and rules on that, adjacent rural residents and communities do not necessarily have anything like the same protection—most do not have any protection at all—and there are still no mandatory measures in the UK specifically for the protection of those rural systems.

Alongside that, boosting our supply of fruit and veg is particularly important for public health, as we have just discussed, so that people can have access to fresh, sustainably produced fruit and vegetables closer to home. We know that low intake of fruit and veg is among the most important dietary risk factors for chronic disease, including heart disease and stroke. I am told that, sadly, only 31% of British adults and 8% of children currently achieve the Government’s recommendation of five portions of fruit and vegetables per day.

We are using far less of our agricultural land to produce fruit and vegetables than we could—only 1.4% in England, when the Public Health Policy Evaluation Unit estimates that we could be using up to 19% of land to cultivate crops of fruit and vegetables. Looking back, we had a very different mix in past times. This is part of the wider discussion about the extent to which we are part of a global trading system and want to import things that we could very well produce here. Again, it is part of the economic trade-offs.

Kerry McCarthy Portrait Kerry McCarthy
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I was pleased to see mention of pulses in amendment 35. People often talk about fruit and veg, but pulses are not only good for the soil, in terms of fixing nitrogen, but an important part of a healthy diet. In certain parts of the country, including East Anglia, which my hon. Friend is very familiar with, they are a booming part of the agricultural sector. For example, for people who cannot handle gluten, there are pea-based pizza bases and things like that. I have spoken to producers about them. Does he agree that we ought to be pushing that as well?

Daniel Zeichner Portrait Daniel Zeichner
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As ever, I find myself in agreement with my hon. Friend, who makes an important point. I am still chastened by one of the hon. Members opposite chiding me about my comments on eastern England at the evidence session, because I am very proud of eastern England, but I do reflect occasionally that the landscape has changed over the decades. We are very efficient food producers, but—there is always a but—there have been some costs to that in terms of environmental degradation. There is an opportunity, through these changes, to move some of that production to the kind that my hon. Friend is suggesting.

My guess, although I do not know for sure, is that many farmers would be quite happy to do that, because we know that farmers tend to operate within the rules that this place sets. That is why we have a responsibility to make that more attractive and to incentivise it, and not necessarily to make it attractive to carry on as we have done in the past. There is a real opportunity there, and I am sure we will talk further about diversification opportunities, but I must say that I worry sometimes about imagining that everyone wants to be diversified. Some people went into farming because that is what they want to do and they do it very well, and we should recognise that.

Going back to fruit and veg, the Public Health Policy Evaluation Unit’s written evidence to the Committee estimates that, if there were a gradual increase in land use for fruit and vegetable production to 10% of suitable land, fruit and vegetable intake could increase by around 3.7% and 7.8% respectively. That could prevent or postpone around 3,890 cardiovascular disease deaths between 2021 and 2030. My guess is that the science is not exact, but the drift of the argument is clear. There is an opportunity here, and I very much hope that, as we discuss the environmental land management schemes in more detail, we will be reassured by the possibilities.

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Victoria Prentis Portrait Victoria Prentis
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I thank the hon. Lady for drawing attention to this important and pressing topic. We on the Government side are committed to leaving our environment in a better condition than we found it. That includes facing the challenges associated with climate change and with greenhouse gas emissions. That is why we legislated in June 2019 to introduce a net zero target to end the UK’s contribution to the most serious environmental challenge we face: climate change. We are the first major economy in the world to legislate for a carbon net zero target.

We have not made sector-specific targets, so I will not be accepting the hon. Lady’s amendment, although we are pleased with the ambitious target set by the National Farmers Union for its members. We are committed to continuing to work with the agricultural industry to tackle climate change together. One example is the £10 million of Government money given in May 2018 to help restore more than 10,000 football pitches’ worth of England’s iconic peatlands, which she referred to. This year we will establish a lowland agricultural peat task force that will build on the work already begun in this important area.

Kerry McCarthy Portrait Kerry McCarthy
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On the subject of peatlands—I have an amendment on this, to be considered later—it is one thing to talk about restoring peatlands, but if grouse moor owners are being allowed to burn peatlands, a huge amount of damage is being done, by destroying what is a natural carbon sink and releasing carbon into the atmosphere. Does she agree with me, and with her ministerial colleague in the House of Lords—he has indicated that he believes this too—that we ought to ban that practice?

Victoria Prentis Portrait Victoria Prentis
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I do not necessarily agree that all burning should be banned outright. Some low-level burning is not necessarily as harmful to the environment as the hon. Lady suggests. We can agree on the importance of peatland as a place to store carbon, and the importance of working together to ensure that peatland is restored and improved.

I move on to our £90 million industrial strategy challenge fund—the transforming food production initiative. Through this fund, we support industry-driven research and development to move agricultural systems towards net zero emissions. It has some relevance to the point made by the hon. Member for Newport West. It is important for us always to be open-minded and able to look at evidence. Everything we do must be evidence-based in this important area. This investment will support the development and adoption of advanced precision technologies and solutions to boost the efficiency of our agriculture. It will help to ensure that we produce high-value food in a way that maximises productivity and environmental performance.

The original drafting of the clause enabled the Secretary of State to give financial assistance for the purpose of

“managing land, water or livestock in a way that mitigates or adapts to climate change.”

We envisage that these objectives will be delivered by a broad spectrum of activities, and therefore all agricultural or horticultural activities that contribute to this purpose would already be within scope of funding support under clause 1(1)(d), as drafted. I hope that I have demonstrated that we already have the powers in the Bill to cover the proposed content.

Victoria Prentis Portrait Victoria Prentis
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The Government legislated for net zero emissions, and in doing so we decided not to make sector-specific targets, but we absolutely support the NFU’s ambitions. I do not know whether the hon. Gentleman watched “Countryfile” at the weekend, but there was an interesting piece on agricultural emissions that mentioned both livestock practices and the keeping of nitrogen within soil. This debate, as he says, is not really partisan; we do not have different passions for this. We need to work carefully together, always looking at all the evidence, with improved support for research and development, which the Bill absolutely provides for. I hope that we will be able to meet the NFU’s exacting targets.

Kerry McCarthy Portrait Kerry McCarthy
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My concern is that other sectors have quite a clear road map for how we get to net zero, and carbon budgets that deal with that. I have never seen that for agriculture. I was quite worried that the previous Secretary of State seemed to think that the answer was all about technological solutions and weird and wonderful things, rather than in how the land is farmed. That is what is missing. Some of us have been talking about this for a very long time, but the Minister talks as if these solutions are new to the table and need to be investigated. There are a lot of good practices out there that would help. Why is there not a clear agenda or line of direction from the Government for achieving that?