Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020

(4 years, 4 months ago)

Lords Chamber
Read Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 112-VII Seventh marshalled list for Committee - (23 Jul 2020)
Surely the case for consultation is equally compelling here. I have no doubt, because we have heard it all before, that the Minister will seek to reassure us that of course the Government will consult. If that is to be the case in practice, why not let them also give us the assurance of it being buttressed to make that the case in law?
Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, I put my name to Amendment 289, tabled by the noble Baroness, Lady Ritchie of Downpatrick, not only because agriculture remains Northern Ireland’s most important and largest industry, but because of some particular political issues that affect Northern Ireland. I recognise that the Minister has tabled some amendments in this group on the relationship with Ministers in the devolved Administrations and I welcome that. However, as my noble and learned friend Lord Wallace of Tankerness has just emphasised, it is important that Ministers in the devolved institutions are serious decision-makers in their own right and in their representation of the people of Scotland, Wales and Northern Ireland and not just rule-takers from outside.

However, in the case of Northern Ireland, there are two other important issues that I believe this amendment facilitates by encouraging and, indeed, requiring the members of the Northern Ireland Executive to work together to develop bespoke legislation and an approach to agriculture that addresses the particular needs of Northern Ireland and the challenges and opportunities of the island nature of Ireland as a whole.

These agricultural issues are practical matters. I found in the negotiation of the peace process that when they could engage on practical issues, rather than those involving profound constitutional principle, it was often possible to reach a surprising degree of agreement between parties that were otherwise in deep disagreement. Recently, we have seen further evidence of this, as the Northern Ireland Executive have dealt quite well with the Covid-19 crisis in comparison with others. By inserting a sunset clause in this Bill, we would be giving a specific encouragement to Northern Ireland Ministers to engage in practical negotiations on the agricultural industry which, as I say, is not a partisan matter.

It was often noted that the late Lord Bannside, when he was Dr Ian Paisley MEP, was able to work closely with the predecessor of the noble Baroness, Lady Ritchie, as leader of the SDLP, John Hume, who was also a Member of the European Parliament. Their co-operation was especially notable on questions of agriculture and the common agricultural policy. Our sunset clause would, in my view, encourage just this sort of bipartisanship and cross-community co-operation on agriculture in Northern Ireland.

The second reason for ensuring that the Northern Ireland Executive take up the development of their own legislation is that, in my view, the next few years will see significant changes in the relationships between the north and south in Ireland. It is clear from the protocol with the EU that Northern Ireland will have a special relationship with the rest of the island, which remains within the EU—something quite different from the rest of the UK. Indeed, it will be the only part of the UK with a land border with the EU and, with particular reference to this Bill, it uniquely has farms that straddle the border. In some cases, part of a farm will be inside the EU and part outside it.

It seems to me inconceivable that by 2026, the date in this clause, it will not have become necessary to develop new ways of addressing these issues that will be quite different from the ways that other parts of the United Kingdom—whether devolved or not—relate with the EU. By then, we will be almost 30 years on from the end of the Troubles that so deepened division on the island. A sunset clause will give the Northern Ireland Ministers the encouragement and freedom to address this complex and developing network of relationships. For these two reasons, I strongly support the insertion of this new clause after Clause 45 in the Bill.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I associate myself with the amendments in the names of the noble and learned Lord, Lord Hope, and the noble Lord, Lord Wigley, and also with the remarks of the noble and learned Lords, Lord Hope and Lord Wallace. I am proud of the fact that I am a non-practising advocate, so I maintain an interest in matters north of the border.

As I entirely endorse the comments that the noble and learned Lords have made, I want to ask my noble friend a specific question with regard to the consultation that is asked for under these amendments. With regard to Amendment 291, I associate myself with the request from the noble Lord, Lord Wigley, for a UK framework for agriculture. What form will the consultation on these regulations take? Presumably, the regulations must be relatively far advanced, so when would my noble friend expect the consultation to commence? In reply, can he take the opportunity to inform us what developments there have been on the common frameworks? I understand that, originally, there were to be 24; we now hear word that there will be only three. They are absolutely key to this part of the Bill and to ensuring good faith—I know my noble friend likes to use the phrase “bona fides”—between the four parts of the United Kingdom. With those few words, I support the amendments in this group.

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Baroness Worthington Portrait Baroness Worthington [V]
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My Lords, I am conscious that we are into our sixth session of debate on this Bill. I do not wish to detain the House unnecessarily, so I will be very brief. I am also very conscious that the remaining amendments in this group pertain to the marketing standards in organic products, while my amendment relates to the climate change impacts of agriculture. We had a very good debate last week when we looked at a group of amendments focused on climate change, and I certainly felt that there was strong cross- party support for a strengthening of the references to climate change in the Bill.

Agriculture makes up a significant proportion of the UK’s greenhouse gases, and I am sad to say that over the last 30 years that contribution to our greenhouse gas emissions has remained relatively unchanged. In 1990 agriculture was responsible for 58.9 million tonnes of greenhouse gases, and in 2017, the latest figures, the figure was 45.6 million tonnes. That accounts for 10% of the UK’s greenhouse gas emissions.

The two most prominent gases for which UK agriculture is responsible are nitrous oxide and methane. Some 70% of the UK’s nitrous oxide emissions and 50% of our methane emissions arise from agricultural practices. These are both powerful gases in the short term, and we have seen very little change in the contribution that we have been making to the global climate risk from these sources.

My amendment would require the Government to start to consult on the introduction of a comprehensive policy to address these climate change causing emissions from agriculture. As I tried to convey last week, this should be seen as an opportunity for the sector. By implementing a very low-level carbon price in the sector, the Government would be able to implement a polluter pays principle, but, more importantly, through the gathering of revenues from those sources of pollution they would then be able to make payments, grants and rewards to farmers who took actions to reduce their emissions.

I believe that there is an interest in the Government in extending the use of carbon pricing, since it has had such a beneficial and successful effect in other parts of the economy. We have used a succession of different ways of carbon pricing in the power sector to unleash huge sums of investment into novel solutions. I have no doubt that the ingenuity of our farmers and land managers would be unleashed if we implemented a similar system of levying a small charge and then rewarding innovation in the sector.

The time is late and I will be brief. The consultation that we would require the Government to undertake would also look at the protection of UK practices by levying a similar carbon price on equivalent imported products. I am very grateful for being given this opportunity to speak again about the important subject of climate change. Agriculture, as we have debated previously—

Lord Alderdice Portrait The Deputy Chairman of Committees (Lord Alderdice) (LD)
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I think the noble Baroness has frozen. I call the noble Lord, Lord Carrington.

Lord Carrington Portrait Lord Carrington [V]
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I tabled Amendment 247, which relates to marketing standards, after discussion with the National Farmers’ Union. It is important and appropriate to be clear about why we should have marketing standards for agricultural products. This is something that the European Union has undertaken, with our full support. It therefore follows that, on leaving the European Union, we too should ensure that the provisions for establishing marketing standards in the UK are clearly set out in the Bill.

The precise wording of the amendment is taken from the purposes in the common market organisation EU regulation 1308/2013. If the purpose of marketing standards is clearly defined then subsequent regulations could be brought in only for legitimate purposes, as defined in Clause 35. I would therefore be grateful if the Minister could give his reasons for departing from this previously agreed and acceptable wording, as set out in the CMO.

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I am being reminded of the time. I will look at all the questions that have been asked. I know there have been quite a number; it has been a varied debate. I hope, given the points that I have made, that the noble Baroness, Lady Worthington, will feel able to withdraw her amendment tonight.
Lord Alderdice Portrait The Deputy Chairman of Committees (Lord Alderdice) (LD)
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I have received one request to speak after the Minister. I call Lord Holmes of Richmond.

Lord Holmes of Richmond Portrait Lord Holmes of Richmond [V]
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My Lords, I have two quick points for clarification, if I may. First, could the Minister confirm from the Dispatch Box that GI schemes have not already been wittingly or unwittingly traded away in the EU deal? Secondly, on the VI-1 forms, it seemed to me that he was saying that we will not be looking to impose a VI-1 paper-based regime come 31 December. Is it right that we will not be seeking to have such a scheme when we leave?

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Lord Alderdice Portrait The Deputy Chairman of Committees
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My Lords, we now come to Amendment 257. I remind noble Lords that anybody wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear in the debate.

Amendment 257

Moved by
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Lord Alderdice Portrait The Deputy Chairman of Committees
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We now come to the group of amendments beginning with Amendment 264. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate.

Clause 40: Power to make regulations for securing compliance with WTO Agreement on Agriculture: general

Amendment 264

Moved by