Agriculture Bill Debate
Full Debate: Read Full DebateLord Grantchester
Main Page: Lord Grantchester (Labour - Excepted Hereditary)Department Debates - View all Lord Grantchester's debates with the Department for Environment, Food and Rural Affairs
(4 years, 2 months ago)
Lords ChamberAt the start of the House’s considerations on day three of Report, I declare my interests as stated in the register, and that I am in receipt of funds under the CAP system.
I rise to move Amendment 89ZA in my name, and I thank my co-signatories to Amendment 93—the noble Baronesses, Lady Bakewell and Lady Boycott, and the noble Lord, Lord Krebs—for transferring their support to this amendment as well. This amendment relates to subsection (2) of Clause 35, “Marketing standards”, in Part 5. That imported food products comply with British domestic standards needs to be backed up with certainty for the British consumer. Clause 35 also specifies Schedule 4, where agricultural products are made relevant to marketing standard provisions.
It is vital that the Bill sets the vision for the future approach of the UK’s agricultural and food policy. It can also signal to existing and future trading partners that the UK is committed to championing high quality and high standards in food around the world. While the establishment of the Trade and Agriculture Commission may have calmed some people, the temporary and limited nature of that body—which we will discuss in a later group of amendments—has served only to energise others.
There was a lot of debate in Committee on labelling, and this will be reflected today in discussions on amendments in the next group. In the UK, there are several quality schemes—the Red Tractor mark, Freedom Food, British Lion, organic and many others—which allow consumers to know at a glance that the products they are purchasing meet certain requirements. While these should continue to act as identifiers of quality British product, rather than being extended in their scope, Amendment 89ZA would allow the department to introduce the merits of some form of “meeting UK standards” badge. However, labelling would not work universally in practice, as 50% of food is consumed outside the home. The importance of the food service sector has been highlighted repeatedly throughout discussions on the Bill. That is why the amendment is linked intrinsically to Amendment 93 in this group, which I shall speak to now.
I am grateful that the Government agree that Amendment 93 is understood to be consequential to Amendment 89ZA. I begin by thanking the noble Baroness, Lady Bakewell of Hardington Mandeville, for adding her name to this amendment, signalling how important this is to her and her party. I also thank the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, for consistently championing high standards in production methods, the environment and the importance of nutrition.
The strong theme running through your Lordships’ deliberations on the Bill is that of standards. This is not just a matter of food safety. Standards are important in husbandry methods—agricultural, horticultural and forestry—environmental and climate aspects, food nutrition and labelling, and imported foodstuffs marketed in this country. This group of amendments will determine how the UK’s standards will be set at the outset of our EU exit, and how they will be maintained.
Low-quality food cannot be allowed to jeopardise rural communities by undercutting UK farmers with product made using methods that would be illegal here. The National Farmers’ Union mounted a campaign on production standards that attracted over 1 million signatures. A Which? report found that British people really care about their food and expect that the UK will maintain high standards and, with time, enhance them—95% of respondents agreed with such a statement.
Consumers care about the welfare implications of, for example, US production methods that necessitate that chickens need chlorination to be made safe. They do not want chlorinated chicken or hormone-treated beef to be permitted to be imported and available on supermarket shelves. Voters who voted to get Brexit done can be forgiven for thinking that this was going to be enshrined in legislation—after all, it was in the Conservative Party manifesto. Now certainly is the chance to get it done here. In the Commons, a previous Conservative Government Minister, Neil Parish, proposed a similar amendment. He is now chairman of the prestigious Environment, Food and Rural Affairs Select Committee.
This amendment makes various key improvements. It prevents any agri-food chapters of a trade agreement being ratified unless, first, the Secretary of State has laid before Parliament a statement confirming that any products imported into the UK will meet the minimum production standards of British law at the time of entry into the country. Secondly, the Secretary of State must lay regulations specifying a process for determining that the standards to which an imported food product has been produced or processed
“are equivalent to, or exceed, the relevant domestic standards and regulations in relation to animal health and welfare, protection of the environment, food safety, hygiene and traceability, and plant health”.
Thirdly, the House of Commons must approve the relevant trade deal chapters, and your Lordships’ House must debate them, in much the same fashion as it did the Brexit withdrawal deal.
Supermarkets have also endorsed the commitment to protect British food standards from dilution in trade deals. Waitrose and Aldi have committed to not stock lower-standard imported food. Just recently, the first stage of the Defra-commissioned national food strategy, chaired by Henry Dimbleby, also called for such a verification programme of core standards for imported food.
I turn now to Amendments 94 to 96, in the name of the noble Viscount, Lord Trenchard. His explanatory statements claim that Amendment 93 as drafted is inconsistent with the WTO’s sanitary and phytosanitary agreement as it refers to domestic, not international, standards. I hope noble Lords will indulge me if I read a short extract from the WTO’s own guidance on SPS agreements:
“The Agreement on the Application of Sanitary and Phytosanitary Measures sets out the basic rules for food safety and animal and plant health standards. It allows countries to set their own standards. But it also says regulations must be based on science. They should be applied only to the extent necessary to protect human, animal or plant life or health. And they should not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail. Member countries are encouraged to use international standards, guidelines and recommendations where they exist. However, members may use measures which result in higher standards if there is scientific justification. They can also set higher standards based on appropriate assessment of risks so long as the approach is consistent, not arbitrary.”
Finally, the last part says:
“The agreement still allows countries to use different standards and different methods of inspecting products.”
I am very grateful to all noble Lords who have spoken in this debate. I am encouraged by all the support I have received, and many cogent points have been made. I know that several noble Lords, especially from the Cross Benches, have been unable to speak today, which has been very unfortunate at a very crucial stage of the Bill. Their contributions would have been very worth while.
I thank the Minister for his response. I know from previous meetings that this is a subject that he feels very passionate about, and he has done his best to present the line endorsed by the Secretary of State. I did my best to count, but I am not sure that I heard full cogent answers to the six tests asked by the noble Lord, Lord Krebs, in his remarks.
Remarkably, this is about the Government being unwilling to enact all of their own manifesto promises, due to their ideological obsession with realigning with a trade deal with the US—a deal which increasingly looks to be in peril, given the recent uproar over the internal markets Bill, which threatens to break international law, and the consequential interventions from members of the US Senate and Congress.
The Minister mentioned that the European Union (Withdrawal) Act carries into UK law the existing safeguards from being a member state. However, these provisions can be quickly and dramatically weakened through secondary legislation, which carries far less public and parliamentary scrutiny and amendment, and I would suggest that the noble Lord and his department are aware of this. If the Government think they can break international law, they will not worry about breaking electoral promises.
The most secure way to protect standards is to put them directly into the Bill. Without that, negotiations are left wide open to pressure for Ministers to agree that a trade deal is good for Britain on balance, while sacrificing what so many hold so dear: how we produce our food. UK standards will not be protected through higher tariffs, to price out lower-standard imports. This will merely invite tit-for-tat tariff wars, damaging UK exports. Stability for food producers and a supply chain are best achieved by certainty, by writing our standards into law.
The National Farmers’ Union has now come out and called for support for this amendment. When it comes to trade standards and taking legislative action to prevent the importing of inferior food products that undermine our own standards, there has been an unprecedented alliance between farmers, consumer groups, charities such as the RSPCA and the National Trust, supermarkets, the Green Alliance UK, and even a previous Conservative Secretary of State for Defra.
I have listened very carefully to the noble Viscount, Lord Trenchard, and I do not agree that there is a contradiction between subsections (2)(a) and (2)(b) in the amendment. After all, imports should also comply with WTO and SPS agreements. I maintain that our amendment does not fall foul of WTO regulations, and that it stands up.
I wish to say to the noble Baroness, Lady Noakes, when she says that the amendment is unnecessary as it is in the Government’s intention: what of other Governments? Her disagreement falls.
The EU directorates on behalf of member states already come to audit and do many of the actions that the noble Lord, Lord Lilley, claims are not undertaken internationally—those of inspecting food and denying access to the EU market, which those that do not comply have to abide by. We must be assured this continues. I also thank my noble friend Lord Rooker, with his ministerial experience, for his explanations of the vital work of the Food Standards Agency.
This is a case of delivering on promises made to the British people and preserving the high standards that make British agriculture what it is: that is, among the best in the world. I call on all Members of your Lordships’ House to support the amendments, starting with Amendment 89ZA. I now wish to test the opinion of the House.
I thank the noble Lords who have returned with these amendments from the debates in Committee on provisions in Part 5, Clauses 35 to 37, on marketing standards. Regulations around marketing, labelling, traceability, country of origin and GI schemes remain critical to providing accurate and appropriate information to the consumer.
The complexities behind the list of EU Commission delegated directives cover various product sectors, including wine, and are the subject of Amendment 89A, in the name of the noble Lord, Lord Holmes. These regulations under the withdrawal Act also include country of origin, protection of designations of origin and geographical indicators, and traditional terms are important to facilitate frictionless trade with the EU and enhance the future of UK exports, which have been established so successfully.
The noble Lord, Lord Tyler, and the noble and learned Lord, Lord Wallace, return with their Amendment 92A on the importance of geographical indicator schemes not only for fantastic products for Cornwall but for many artisan food products, such as Lincolnshire Poacher cheese and Melton Mowbray pies. The House also discussed these schemes on the Trade Bill proceedings in the last Session, as spoken to by the noble Lord, Lord Tyler. The adding of value to local specialisms is a crucial element in encouraging skill, pride and prestige in rural entrepreneurship. We agree that it is of considerable importance that a successful trade deal is concluded with the EU. It is also great that my noble friend Lord Foulkes is able to be with us in the Chamber; his words were gin-clear on the merits of Scottish produce.
These regulations will be subject to the affirmative approval procedure, which should not only contain an impact assessment but be subject to consultation. I thank the noble Baroness, Lady Neville-Rolfe, the noble Earl, Lord Lindsay, and the noble Lord, Lord Curry, for highlighting the importance of a widespread and exhaustive consultation on their Amendment 91. Alteration of existing requirements should proceed only on the basis of proper and widespread consultation with producers, the supply chain and the consumer to ensure an appropriate balance.
I am sure that the Government appreciate the merit behind these amendments and that the Minister will provide additional reassurances to satisfy the House.
My Lords, I will start with Amendment 89A. Marketing standards establish detailed rules on the quality of agricultural products and the provision of product information to consumers. They are intended to make sure that products offered to consumers are accurately and consistently labelled and of acceptable quality, and that unsatisfactory products are kept off the market. They are overall in the interests of producers, traders and consumers. They encourage high-quality production, improve profitability and transparency and protect consumer interests. At present, certain agricultural products marketed in the EU must conform to marketing standards and associated labelling requirements set out in EU law. The marketing standards apply at all marketing stages, including import and export.
The noble Lord, Lord Holmes, asked why we could not do nothing. We all despise unnecessary bureaucracy, but VI-1 forms are needed until the end of the transition period under the terms of the withdrawal agreement. We will be looking at these rules again at the end of the transition period. I reassure him on digitalisation: the administration of maintaining marketing standards of imported wine products, including the digitalisation of VI-1 forms, is included in the current scope of Clause 35(1). These provisions do not therefore need to be explicitly added into the clause. The scope to replace VI-1 forms with an electronic document is also covered under retained EU law, specifically Article 27 of retained EU delegated regulation 2018/273. Therefore, the purpose of this amendment is already covered. The Government cannot digitalise unilaterally, but it is already an option under retained EU law, and we are looking at introducing it. It is likely that South Africa will be the first partner we seek to do this with at the end of the transition period.
I turn to Amendment 91. Clause 35 will give the Secretary of State the power to make regulations and amend existing EU and domestic legislation concerning marketing standards to ensure that they are tailored to meet the needs of domestic farmers, retailers and consumers. A full review of the marketing standards is going to be undertaken. As part of this, detailed policy thinking, stakeholder engagement and consultations will need to take place. Any changes would be made with the purpose of tailoring the marketing standards to fit the needs of the domestic farming sector.
I can confirm unequivocally that any use of the powers in Clause 35 would be covered by an existing duty to consult. As for the question about the bias towards consultation, I say that the Government’s preference is to consult the public on these matters. We would never rely solely on the views of representative bodies, and we will not bias our consultations towards one group.
Marketing standards are covered by food law, and a duty to consult is contained in Article 9 of regulation 178/2002. This regulation states that
“There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.”
This regulation will become retained EU law via the European Union (Withdrawal) Act 2018.
One of the principles of good law making is not to repeat law which already exists, in order to protect the coherence of the statute book. We are aware that there is an exemption for urgent situations in Article 9 of Regulation 178/2002 and I place on record that there are no plans to make any urgent amendments using the Clause 35 power. Urgent changes would usually be made under food law instead. There are specific regulations which cover food information and safety and there is no future intention to broaden the powers in Clause 35 to cover any such areas.
It is standard procedure that a summary of the responses to a consultation be published on GOV.UK within 12 weeks of it closing. Further to this, any statutory instruments made using the power will also be accompanied by an Explanatory Memorandum and a proportionate analysis or full regulatory impact assessment where the net direct cost to business is above £5 million. The Explanatory Memorandum will include details on the outcome of any consultations which have taken place. A more detailed analysis of the consultation outcome will also be published on the departmental website at the time the statutory instrument is laid before Parliament. The impact assessment will provide the rationale for government intervention, details of all the options considered and the expected cost and benefits, particularly for businesses. Clause 35 is subject to the affirmative procedure. Any statutory instruments which are introduced must be actively approved by both Houses of Parliament. This procedure ensures that Parliament can properly scrutinise the statutory instrument before it comes into force.
Turning to Amendment 92A, I assure the noble and learned Lord, Lord Wallace of Tankerness, that we fully expect all 88 geographical indications from the UK to remain protected in the EU after 31 December this year. I understand the point made by the noble and learned Lord, and the noble Lord, Lord Foulkes, about the relevance of these to the Scottish economy, particularly whisky and smoked salmon. I am not sure I got the reference to potatoes. Geographical indications do not have to originate from EU member states to be protected under the EU’s geographical indications scheme. The EU currently protects products from many non-EU countries such as Japan and China.
If the EU wanted to remove UK geographical indications from its register, it would have to go through the burdensome process of changing its rules. Of course, the Government cannot guarantee what the EU will do, but it has given no indication whatever that it is considering such changes. It would be, in the words of the noble and learned Lord, “capricious” of the EU to try to do so.
If the UK does not secure a new trade agreement with the EU, we will, under the withdrawal agreement, continue to protect EU GIs in the UK. There would therefore be no incentive for the EU not to reciprocate. The noble and learned Lord, Lord Wallace, and the noble Lord, Lord Foulkes, asked me to be more specific on that point. I cannot, because we are in the process of negotiating these issues. The UK is definitely not seeking to loosen its GI rules. GIs are very important to the UK and the Government will establish robust GI schemes at the end of the transition period. All UK GIs will continue to be protected in the UK from 1 January 2021. The Government’s objective in trade negotiations with the EU will be to secure the best outcome for UK GIs and, obviously, the UK economy as a whole.
I hope that I have given enough reassurance, and that the noble Lord, Lord Holmes of Richmond, will feel able to withdraw his amendment.
My Lords, it is a pleasure to follow the noble Baroness, Lady Young of Old Scone, and I agree with her comments on the TAC. This group of extremely important amendments completes our debates on this issue. A large number of your Lordships have spoken knowledgeably and passionately on the subject.
During previous debates on this subject, many noble Lords reiterated the inadequacies of the Trade and Agriculture Commission as currently proposed. It is advisory only; there is no compunction on the Government to follow its advice or recommendations. The noble Baroness, Lady McIntosh of Pickering, asked the Minister whether the Government are satisfied with the temporary commission or whether an amendment to make it permanent would be better, so that it had some teeth and would therefore be able to respond to the first Dimbleby report.
There are no members representing the views of environmentalists or animal welfare or consumer groups. Can the Minister say how the commission as set up will inspire and maintain the confidence of the public, given that its chair referred to public concern over chlorinated chicken and hormone-treated beef as “alarmism”? Making such a statement does little to reassure the public of his independence.
Amendment 101 from the noble Lord, Lord Curry of Kirkharle, sets out how the TAC should be established and operate. This is very specific, and I will avoid making a Second Reading speech. It is bizarre that the Government do not wish the TAC to continue its work into the future. This amendment will not create a barrier to trade. The majority of farmers’ income will come from producing and trading food.
The noble Lord, Lord Randall of Uxbridge, in his Amendment 102, seeks to correct the deficiencies of membership of the original commission and ensure a more inclusive membership. This is an amendment to the splendid amendment of the noble Lord, Lord Curry of Kirkharle. The noble Earl, Lord Dundee, has similarly spoken to his amendment on membership of the TAC.
My noble and learned friend Lord Wallace of Tankerness has reminded us of the view of the NFU in Scotland that the standards of our farmers should not be undercut by trade deal standards and should be safeguarded.
The noble Lord, Lord Rooker, and the right reverend Prelate the Bishop of St Albans made powerful speeches. The noble Lord, Lord Rooker, reminded us that the NFUs of England, Scotland, Wales and Northern Ireland, together with the CLA, all support this amendment, which respects the primacy of Parliament.
With a few notable exceptions, every speaker is in favour of the Trade and Agriculture Commission, which had enormous support during previous stages of the Bill. Ensuring the TAC is independent, representative and has the necessary legislative backing is vital if it is to be successful.
This group of amendments is all about protecting farmers and ensuring that the public can feel confident in the food we buy and eat. I feel certain that the Minister understands the strength of feeling in the House on this issue. I trust that his response to the questions posed this evening will be positive, and that those of us concerned about this subject can be reassured. And I apologise for my croaky voice.
This has been another good debate on another key issue in the Bill. I thank all noble Lords who have spoken on these amendments, which cover the key variances of opinion on approaches to food standards for imported product through the mechanism of a Trade and Agriculture Commission.
In Committee, I expressed anxiety about the approach of a Trade and Agriculture Commission, should this be the only way that UK food and production standards could be maintained as future trade deals are negotiated. From these Benches, we wanted to secure the enactment of the UK’s minimum level of food standards by enshrining it in legislation. That your Lordships’ House passed this measure earlier tonight has added to our confidence that the House of Commons is being asked to think again on this issue.
This allows us to approach these amendments with confidence that the Trade and Agriculture Commission could provide valuable insights and independent analysis on all trade deals concerning food standards, which would encompass the equivalents of production methods, welfare standards and environmental conditions that apply in the UK.
There are essentially two amendments from two very eminent Members of your Lordships’ House, although they are subject to further amendments. Amendment 97 is led by the noble Baroness, Lady McIntosh of Pickering. She has come into the House from the Commons, having served as a very successful chair of the other place’s Environment, Food and Rural Affairs Select Committee. I pay tribute to the way she steered that prominent committee.
Amendment 101, also with amendments, is proposed by the noble Lord, Lord Curry of Kirkharle, and others. It has the backing of the National Farmers Union, which has been prominent in discussions throughout proceedings both here and in the Commons. The NFU could not team up with a better proponent for agriculture. The noble Lord, Lord Curry, spoke of his reflections on his career in agriculture. Over many years, he and I met at several key moments of agricultural policy developments. They might be designated as crossroads for agriculture. Here is another: he will probably say that he has met me too often.
While I commend the amendment in the name of the noble Baroness, Lady McIntosh, we much prefer the reconsidered amendment in the name of the noble Lord, Lord Curry, and I am grateful for the remarks of my noble friend Lady Henig in her summary of the situation. We will support Amendment 101 rather than Amendment 97, should that be pressed to a vote.
We welcome the developments that took place over the summer and I can signal that we will approve the amendment, with or without the further amendment in the name of the noble Lord, Lord Randall of Uxbridge. Amendment 102 widens the representation on the commission and further enshrines its permanence beyond the temporary nature that was the Government’s very limited concession on this proposal. That amendment provides better clarity on Amendment 101 than Amendment 104 in the name of the noble Earl, Lord Dundee.
The amendment in the name of the noble Lord, Lord Curry, puts the commission on a statutory and permanent basis, with key powers to make recommendations to the Government and Parliament on all future trade deals. This key improvement should be taken back to the Commons for reconsideration, underlined by the widespread approval of this House. This key mechanism to adjudicate independently on trade deals is needed for consumer confidence and demanded by farmers, endorsed by all their unions in all parts of the United Kingdom. The NFU has secured the agreement of the British public through a petition signed by over a million people.
The potential loophole that exists for food that goes into the food service sector needs to be plugged by the commission. We would contend that your Lordships should return this amendment to the Commons with a powerful majority. The commission could build up considerable expertise that will be crucial for the future of food standards and an excellent resource in parliamentary scrutiny of future trade deals.
My Lords, I thank noble Lords for contributing to another thought-provoking debate. I will deal with the amendments as one because they are so interrelated.
As noble Lords will be aware, the European Union (Withdrawal) Act 2018 retains in law our standards on environmental protections, animal welfare, animal and plant health, and food safety at the end of the transition period. The independent advice of our food regulators, the FSA and FSS, and the rigorous processes they have developed, will continue to ensure that all food imports into the UK are safe and meet the relevant UK product rules and regulations, including imports under new free trade deals. A range of other government agencies, such as the Veterinary Medicines Directorate, the Health and Safety Executive and the Animal and Plant Health Agency, will ensure that the full range of standards and import requirements within their remits are upheld.
I am sure that the noble Lord, Lord Trees, will remember what I said in response to an earlier group of amendments, but I will repeat it. The FSA has doubled the number of risk assessors since 2017. It can draw on the expertise of 100 scientific experts and support staff and has recruited 35 additional members to its advisory committees. It also takes into account wider consumer interests such as the impact on the environment, animal welfare and food security.
The noble Lord, Lord Trees, also spoke about the Japan trade deal. The audit and verification function is currently being developed within Defra and will be in place and operational before the end of the transition period. All existing import standards will continue to apply to the new Japan trade deal, as they will for other trade agreements.
In addition, a range of established stakeholder groups is already in place to advise the Government on trade policy development. These include the DIT’s agri-food trade advisory group, which has a recently renewed membership of more than 30 representatives from the industry who will provide close technical and strategic advice to the Government as negotiations progress. This approach has been welcomed by these stakeholders as a way to input meaningfully into ongoing trade talks. Defra also continues to run various supply chain advisory groups, such as the arable group, the livestock group and the food and drink panel. These groups already provide valuable expert advice to help the Government develop trade policy and they will continue to do so.
In addition to this, the Government listened closely to valuable feedback from Parliament and stakeholders, most notably the NFU—of which I should declare my membership—to strengthen these existing arrangements. In July we established the Trade and Agriculture Commission, which operates under the auspices of the Department for International Trade. Defra is closely involved in this work and Defra officials are part of the commission’s secretariat.