Agriculture Bill

Lord Bruce of Bennachie Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Thursday 17th September 2020 Lords Chamber

Moved by

[Lord Bruce of Bennachie]

60: Clause 20, page 17, line 28, at end insert—
“( ) Before laying regulations made under subsection (1), the Secretary of State must consult— (a) the Scottish Parliament,(b) Senedd Cymru, and(c) the Northern Ireland Assembly.”

[Lord Bruce of Bennachie (LD) [V]]

My Lords, in moving Amendment 60, I will also speak in support of my Amendment 92, to which the noble Baroness, Lady Humphreys, and the noble Lord, Lord Thomas of Gresford, have added their names. Both amendments have a similar purpose, although Amendment 92 is put in stronger terms.

Amendment 60 relates to the Secretary of State’s powers to make regulations regarding markets and storage in the event of exceptional market conditions. While these powers, if used, would apply to England, the implications for agricultural sectors in the devolved parts of the UK could be significant, as much of the output—certainly a significant amount of it—of farms and food processors in the devolved areas is marketed to and through England.

The Bill gives the Secretary of State the power to provide financial support or make regulations where there are exceptional market conditions, described as “a severe disturbance” or the threat of such, in agricultural markets. That could create a situation where financial support for English producers, or regulations inhibiting non-English producers, disadvantages producers from other parts of the UK. That could arise without deliberate intent, so I argue that it is in the interests of the Secretary of State to accept Amendment 60, which would require him or her to consult the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly.

--- Later in debate ---

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

I have received no requests from noble Lords to speak after the Minister, so I call the noble Lord, Lord Bruce of Bennachie.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, I thank all those who have spoken in this debate for their support for my amendments and the noble Baroness, Lady Ritchie, and noble colleagues who have spoken on the Northern Ireland sunset clause so clearly and unequivocally. I believe that all three of these amendments are central to how our devolution settlement is to proceed.

The Minister is a face of government that we all find attractive: he is constructive and conciliatory, and I am sure that, given his background, when he talks about engagement and discussion across the devolved Administrations, he does it in entirely the style that we see here. However, I am afraid I have to say to him that there are other members of the Government whose style is far less conciliatory and can be abrasive.

We have legislation coming down the track that is absolutely crucial to the future of the devolution settlement, especially the Trade Bill and the United Kingdom Internal Market Bill, where it would appear that the Government, frankly, are bent on centralising control and weakening the devolution settlement. Given the point about agriculture being so important to the devolved Administrations, there is perhaps an opportunity in this Bill to put those markers down. Actually, I would have liked it if the Minister could have accepted Amendment 60; I accept that Amendment 92 was a tease for further discussion about some form of qualified majority voting.

However, with regard to just saying, “We consult; therefore, we do not need to consult”, I say that the time will come when some decision will be taken without consultation, and there will be no recourse because there is nothing in law to prevent it. That will be disruptive and a shame. The Prime Minister says that he is moving his legislation to protect the future of the union. The reality is that nobody threatens the future of the union more fundamentally than our current Prime Minister, and Ministers should understand that the precious union is very delicate at the present time.

Ministers need to reach out not just with reassurance but a willingness to create a mechanism, as my noble friend Lady Humphreys said, that will enshrine the way decisions are taken and disputes are resolved in ways that do not leave it—because this it is where the Bill leaves it—to Westminster and the English Secretary of State to override devolved decision-making. The Bill allows that to happen; these amendments were designed to prevent that happening, and I regret—but am not entirely surprised—that the Government have not accepted them. However, I can assure him—and I am sure that other noble Lords will agree with me—that these issues will return in spades in the debates we will have on the coming legislation between now and Christmas. In the meantime, I beg leave to withdraw my amendment.

Amendment 60 withdrawn.