Committee stage & Committee Debate: 6th sitting: House of Commons
Tuesday 25th February 2020

(4 years, 1 month 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)

Division 5

Ayes: 6


Labour: 6

Noes: 10


Conservative: 10

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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I beg to move amendment 12, in clause 1, page 2, line 28, after ‘activity’ insert—

‘, provided that such assistance does not contradict or undermine the purposes in section 1(1).’

This could possibly be described as a probing amendment. There is general agreement that the Government’s commitment to the principle of public money for public goods is welcome. This amendment is a safeguard to ensure that the delivery of public goods is not undermined by any financial assistance for improving productivity. There is some concern that it could mean a greater proportion of the money going to the productivity head rather than to public goods. If the new environmental land management scheme is to be successful and provide value for money, all the payments need to contribute to the delivery of public goods.

It is still not clear how the future Budget will be distributed between financial assistance for public goods and productivity, and there is concern that we could end up with a pillar one and pillar two-type system—again, where public goods take second place. I am seeking assurances from the Minister. If I am confident that her assurances are credible, I will not push this to a vote.

Victoria Prentis Portrait Victoria Prentis
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I thank the hon. Lady for that assurance. I understand that she wants to ensure that we do not provide financial assistance to improve productivity or production in a way that would harm the environment or undermine any of the purposes in clause 1. I hope that is a fair summary of what she said.

Kerry McCarthy Portrait Kerry McCarthy
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It is partly about not undermining that, but it is also partly about how the money is divvied up. If a huge proportion of the money goes towards productivity, it is not clear how the budget will be divided. That is what I am seeking clarity on—that there is money for public goods.

Victoria Prentis Portrait Victoria Prentis
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I cannot give the hon. Lady absolute assurance at the moment as to how the budget will be divided, as that is a matter for the development of the scheme. We will do a great deal of work developing it, including years of pilots and a great deal of consultation, in which, I am sure, she will be involved. I can assure her that it is not our intention to put the productivity wing on a higher level than allowing damage to the public purposes, which are there to protect the environment, or the other purposes is clause 1. That is absolutely not our intention. Our ambition is to leave the environment in a better state than we find it.

We intend to continue to be a world leader in animal welfare and health standards. We will promote engagement, as is clear from clause 1, with our natural heritage and beautiful landscapes. However, a productive, competitive farming sector is also our priority. We think our farmers are among the best in the world, providing healthy and nutritious food for our population. We will support them to become more productive, so that they can provide more home-grown healthy produce.
Kerry McCarthy Portrait Kerry McCarthy
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Just to clarify, it would help if the Minister could give an assurance that all payments need to contribute to the delivery of public goods, whether it is a payment for productivity or directly for public goods. She phrased it to me in the negative—they should not undermine public goods—but the intention of this Bill is that everything should support that public goods agenda.

Victoria Prentis Portrait Victoria Prentis
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I think the hon. Lady and I are dancing around the same issue, which is that the ambitions do not need to be mutually exclusive. We absolutely believe that producing food and managing a sustainable environment can and should go hand in hand. Improving productivity is normally about improving efficiency by using less energy and fewer pesticides to produce the food that we eat. Greater efficiency can also mean using less land, so that other land can be freed up for other purposes such as tree planting. I share the hon. Lady’s concerns, however I feel that her amendment would restrict our ability to offer financial assistance in the most effective way.

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Daniel Zeichner Portrait Daniel Zeichner
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I appreciate why trying to get the balance correct is a difficult dilemma, but it is crucial that we do so. We are not satisfied, frankly, that we are getting the clarity that is required. We understand that this is a framework Bill, but much more detail is required to give certainty, so—I may be speaking on behalf of my colleagues here—we would like to push the amendment to the vote.

Kerry McCarthy Portrait Kerry McCarthy
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I am afraid I am not satisfied with the Minister’s reassurances and would like to push the amendment to a vote.

Question put, That the amendment be made.

Division 6

Ayes: 6


Labour: 6

Noes: 10


Conservative: 10

Kerry McCarthy Portrait Kerry McCarthy
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I beg to move amendment 14, in clause 1, page 2, line 32, leave out subsection (4) and insert—

‘(4) In framing any financial assistance scheme, the Secretary of State must have regard to—

(a) the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way; and

(b) the need to ensure that all farms and horticulture units, including those smaller than five hectares, can access financial assistance.”

The key point in the amendment is paragraph (b), which deals with the need to ensure that all farms and horticultural units—including those smaller than 5 hectares —can access this financial assistance. In 2014, the then Secretary of State ruled that a farm needed to be more than 5 hectares to receive direct payments. The decision to increase the limit from 1 to 5 hectares excluded one in six English farmers during the transition from single to basic payments.

During the oral evidence sessions we heard evidence from Jyoti Fernandes at the Landworkers Alliance that the threshold resulted in smallholders being at a serious disadvantage. In designing any new scheme, the threshold should be scrapped. Every farm, no matter what its size, has the ability to deliver the public goods listed in clause 1. The farms and horticultural units showcased in the latest Landworkers Alliance report, “Agroecology in Action”, illustrate what they can achieve in terms of encouraging biodiversity, building soil health, replacing agrochemicals, mitigating climate change, integrating communities and enhancing economic resilience. Earlier we discussed the need to bring food production closer to communities. Often, it is the smallholdings that do that. They also tend to have higher levels of employment than conventional farms. A 2017 study of agroecological farms smaller than 20 hectares found that they employed 26 times more workers than the UK per hectare average. It would be a huge mistake to exclude them from financial assistance.

It was good to see from DEFRA’s press release today that

“anyone from any farm or land type”

can participate. Will the Minister confirm that “any farm or land type” means farms smaller than 5 hectares?

Daniel Zeichner Portrait Daniel Zeichner
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I echo my hon. Friend’s comments. It is important that small farms are not left out of this legislation. As she said, in the evidence sessions we heard compelling evidence from the Landworkers Alliance that farmers on smaller holdings have been much disadvantaged to date by the current payments system due to the 5 hectare threshold, which cuts those with less than 5 hectares out of the system for getting payments. I was surprised to hear that 85% of its membership had never been able to get support for their work. We know why: back in the previous iteration of discussions, there was concern that small firms would not be subject to cross-compliance. That is my understanding. That was possibly a reasonable position to take, although I suggest that the answer to that is that there should be proper and appropriate checking and verification.

Precisely for the reasons that my hon. Friend has explained, we will support the amendment. We need to include many more people in the system and to make it far more likely that they will be able to benefit from it.

Victoria Prentis Portrait Victoria Prentis
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It should have been obvious from my previous comments that I am a passionate smallholder, so I listened to what Members had to say with considerable interest. As I have said, I cannot promise exactly how the ELM scheme will work going forward, but I hope I can provide sufficient assurance in the rest of what I say. Now that we have left the EU, we have the opportunity to design agricultural, horticultural and forestry schemes in a way that best reflects our circumstances and allows us to deliver the best possible outcomes.

As my predecessor said, we are determined to work with industry to co-design the new schemes and ensure we get them right. In determining whether there should be a minimum size threshold for eligibility, we will need to weigh up the benefits that can be delivered by small land holdings—benefits that I recognise—against the administrative costs associated with managing agreements, as the hon. Member for Cambridge mentioned. We need to ensure that the different schemes provided under ELMS provide value for public money.

Detailed eligibility criteria will be established for ELMS as soon as the schemes are developed, working with stakeholders. I can only apologise, because I do not have all the answers at the moment. This will be a very complicated, new set of schemes, which will take many years to develop.

I draw the attention of the hon. Member for Bristol East to clause 1(2), which is reflected in the press release she mentioned. It provides a power for financial assistance to be provided in connection with

“starting, or improving the productivity of, an agricultural, horticultural or forestry activity”.

The power clearly does not put any restrictions on the size of holding for which financial assistance can be provided. We will be designing our future schemes alongside industry in a way that delivers the best possible outcomes. I hope that she will withdraw the amendment.

Kerry McCarthy Portrait Kerry McCarthy
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I am confused by what the Minister is saying. She is right that there is no mention of any limit in the Bill, but her earlier words, before she mentioned the clause about start-ups, clearly suggested that she thought there could be bureaucratic problems. She was sort of putting objections in the way of extending the scheme to smallholder farmers. Today’s smallholder could be tomorrow’s big food producer.

I do not know whether the Minister wants to intervene to say more, but I do not think she has given any assurance at all. The 5 hectares issue has come up time and time again, including during previous discussions on the Bill. Why has the Department not got to the stage that it can give that assurance to smaller farmers?

Victoria Prentis Portrait Victoria Prentis
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As I said earlier, the environmental land management systems have not yet been worked out. It is clear from the scoping document that was published today that they will vary enormously in their size and scope. Some will be concerned with just one farm, and others will be concerned with multiple farms or even a whole area, in order to provide the best possible ecological solutions that we are all seeking. I am unable to provide the hon. Lady with an absolute assurance at the moment, but I hear what she has to say about the importance of small agricultural holdings.

Kerry McCarthy Portrait Kerry McCarthy
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Once again, I cannot accept the Minister’s assurances and would like to press the amendment to a vote.

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Robert Goodwill Portrait Mr Goodwill
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I thank the Minister for her explanation. As a humble farmer, I would not wish to have an argument with a lawyer on a legal matter. Her point makes sense. The land occupied by many of these game species will be subject to support through the Bill, not least because of the wish to restore natural habitats and environment, and preserve some of our fragile natural environments.

What is not in doubt is that when the animals have been shot, prepared and put on the supermarket shelves, they qualify as food. Therefore, it struck me that some points made in the evidence session were not prepared to look at this as a useful source of food. Having heard the Minister’s sensible and legally wise words, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Kerry McCarthy Portrait Kerry McCarthy
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I beg to move amendment 13, in clause 1, page 3, line 17, at end insert

““protecting or improving the quality of soil” includes the restoration of blanket bog and other peatland habitats.”

The right hon. Member for Scarborough and Whitby, the hon. Member for Edinburgh North and Leith, and I served on the previous Bill Committee.

Kerry McCarthy Portrait Kerry McCarthy
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And the Whip. That makes four of us; are there any more takers? Those of who went through the Bill then will remember quite a debate on trying to include soil as a public good. That was opposed by the Government and I remember that the right hon. Gentleman spoke vociferously against it. Lo and behold, it has now made it into the new version of the Bill. That shows that it is worth persevering with an argument, even if it seems to have fallen on deaf ears in the first instance. Someone may go away and think about it and come back and think: “She was right after all”.

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Victoria Prentis Portrait Victoria Prentis
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The hon. Gentleman is definitely getting action. I set out earlier what is being done to preserve peatland at the moment: £10 million of peatland restoration is definitely action, in my book. What I do not want to do is clog up—that is not a technical term; I am trying to find a soil-appropriate word—a definition of “soil” with something that happens in part above the soil, which is why I am resisting this amendment. The Government are committed to the importance of preserving peatland, but we need to ensure that all our soil types are protected by the part of the clause that is concerned with soil.

I hope I have reassured Opposition Members that we recognise the vital role peatlands play in helping to deliver on our agricultural and environmental commitments, and that there is no requirement to single out peatland in the soil provision of the Bill. I therefore ask the hon. Lady to withdraw her amendment.

Kerry McCarthy Portrait Kerry McCarthy
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I thank the Minister for her response, and I take her point about habitat, but peatlands are so important that I still think they could be included in this provision. The Minister has sort of argued both ways, in that she said “soil” did cover blanket bog and peatland and then said that this amendment would widen the definition, but this is so important and we do need action. As I have said, the Minister in the Lords, formerly the MP for Richmond Park, has made it clear that he wants a ban on peat burning. That is not specifically what this provision speaks to, but obviously we are going to give—

Robert Goodwill Portrait Mr Goodwill
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Does the hon. Lady agree that a distinction needs to be drawn between the blanket bogs—such as Saddleworth moor, where the fire got right into the bog—and the drier, heathland type of moor that we have in North Yorkshire? The North York Moors National Park Authority itself supports the traditional management of that moor, particularly for the benefit of sheep but also of grouse.

Kerry McCarthy Portrait Kerry McCarthy
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There is a whole argument to be had about the management of moors for the benefit of grouse, when grouse are imported into this country in their millions just so they can be shot by people on an away-day. I would not have thought that was a priority.

Given peatland’s carbon role, its importance in the area of flood mitigation and all the other environmental benefits I have mentioned, it is important that we spell this out on the face of the Bill. We argued in the last Committee about whether the definition of “soil” needed to be spelled out on the face of the Bill, and I am asking for it to be spelled out in greater detail this time around. As such, I would like to press the amendment to a vote.

Question put, That the amendment be made.