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

(3 years, 9 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)
The two other duties outlined in proposed new subsections (1)(c) and (d) involve the care, treatment and support of the workforce, and are basically to confirm the accepted rights, responsibilities and norms of employment in this country.
Lord Greaves Portrait Lord Greaves (LD)
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My Lords, I enthusiastically added my name to the amendment proposed so ably by the noble Lord, Lord Judd. I also enthusiastically support the whole amendment proposed by the noble Baroness, Lady Jones of Whitchurch, who is an expert in this subject.

What the noble Lord, Lord Judd, is really talking about is not just agricultural workers, but the future health and prosperity of villages. In much of south-eastern England, villages have effectively been turned into dormitory settlements for some time. The same process, particularly together with people retiring, is happening in the rest of England. If we really want viable, thriving, multigenerational communities that can support schools, shops and so on in villages throughout England then we have to have housing that ordinary young people can occupy when they get together, get married and so on, otherwise they will be forced out into the towns and lost for ever, and the villages will become older and older. We see that process happening all over the place.

Not everything that Baroness Thatcher’s Government did was a disaster, but one of their great disasters was the right to buy in rural areas. Every village used to have its own little council estate, as well as little cottages that provided for young people and what I call ordinary people—working-class rural folk. They have almost all gone; a few places were lucky and were allowed to except themselves.

Some 46 years ago I became the chairman of the housing committee in Pendle. In one village there was a little settlement of two rows of cottages owned by the water board, which had let them go derelict. It was going to demolish them because they were of no use to it anymore. I managed to get the council to buy and renovate them. By working with the parish council and the WI in that village, we made sure that they were available to rent for local people. Then came the right to buy. I am still proud of the fact that, as a result of what I did, that wonderful little settlement still exists and was not knocked down but, unfortunately, it is all now owner-occupied and selling for extraordinary high prices by east Lancashire standards.

Something has to be done about this. I believe that a new generation of rural housing to rent at affordable prices should be an absolute priority for a Government. Having said that, this issue is not for this Bill, but for other action by the Government, but Governments of all kinds have not taken this seriously for years.

The only other thing I will say on this is that the amendment by the noble Baroness, Lady Jones, refers to seasonal workers. There are a lot of people going around now saying it is dreadful that people in this country are too lazy, too fat or whatever it is to pick strawberries, plant cabbages or whatever they might be required to do. I do not think that is the problem at all. The problem is that, for young people setting off and making their lives, seasonal work by its very nature is not attractive. They want qualifications and training, as in this amendment, and jobs—not jobs for life, because they have gone, but nevertheless skills and qualifications that will lead them to a secure career and the ability to get jobs throughout their lives. Going to pick potatoes in potato-picking season simply does not do that.

I believe that the future for seasonal work is to reduce a large amount of it by introducing far more robots and mechanisation into the countryside. That may be what the parts of the Bill concerning productivity are all about, I do not know; perhaps the Minister can tell us. I also believe that if that happens, it may be possible to turn some of that seasonal labour—I say some of it; perhaps not a very high proportion—into permanent full-time jobs. Perhaps that would be not for the farmers themselves, but for the contracting companies providing the labour and the machinery to do different things at different times of the year. That is the kind of strategic approach that we want.

I do not know whether the noble Baroness’s strategy thinks along those lines, nor whether the Government are thinking about a strategy for this, or whether they are just panicking about the fact that fruit will go unpicked this year, next year or whenever, but that kind of strategic view is what is required. It is a very good reason to pass the amendment so ably moved by the noble Baroness, Lady Jones.

Lord Whitty Portrait Lord Whitty (Lab) [V]
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My Lords, I can be reasonably brief because my noble friend Lady Jones introduced her amendment so comprehensively. I also support the amendment from my noble friend Lord Judd.

A new British agricultural policy requires a new sort of agricultural and horticultural workforce that is more highly skilled, with differential skills but nevertheless better skills and qualifications recognised, and with a more permanent existence. We certainly do not require a reliance on gangmasters and seasonal workers imported temporarily from overseas.

It has been a mistake to rely so heavily on overseas labour for our agricultural workforce. It has been a mistake to cut back on agricultural and horticultural training. It has been a mistake to abolish the Agricultural Wages Board, which I strongly opposed at the time. It has been a mistake not to use the powers introduced in legislation in my time at Defra to enforce proper standards where there are gangmasters. There are some decent gangmasters, but the Covid episode has shown that many workers in this sector, both agriculture and the processing industries, are treated appallingly and housed in terrible conditions, which in some cases has thrown up problems with the spread of Covid. There have been a number of mistakes and we are not starting from a good position.

The new form of agricultural policy throws up a lot of new challenges that will need flexibility, higher skills and better management, but we have a chance to rectify this. The terms of the amendment set out a framework for a much more substantial strategy to recognise and update the skills of the workforce that we will require. Without it, we will not deliver a brave new world of English agriculture or a better impact by agriculture on our environment and our countryside. I strongly support the amendment; indeed, I regard it as an essential part of the Bill and of our future strategy.

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Lord Blencathra Portrait Lord Blencathra (Con) [V]
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My Lords, it is a pleasure to follow my noble friend Lord Naseby, especially since I agree with so much of what he has said. On this occasion, however, I regret that I have to disagree with my noble friend Lord Randall of Uxbridge. I shall be brief because I am conscious that I must leave time for those colleagues who wish to speak on every single amendment. Where I take issue with my noble friend Lord Randall is on the words, “application” and “any pesticide”. I have made this point previously so I need not go into the detail, but we must not demonise all pesticides if they are no threat to humans, animals and wildlife, and if they are applied properly, as my noble friend Lord Naseby has just said. I agree with my noble friend Lord Randall that I do not want to see clouds of aerosol spray wafting across fields and settling on people, animals and buildings outside the intended zone, even if that spray is just soapy water, and I agree completely with what the noble Lord, Lord Whitty, said in his moving introduction to this amendment. It is just not acceptable for people anywhere to be sprayed with any substance, no matter how harmless, from agricultural activities.

As a former MP for a rural constituency with lots of villages, I deplored incomers who would complain about cowpats on the road, but everyone is entitled to a pesticide spray-free environment. However, we are now getting the technology that can permit the micro-application of tiny amounts of pesticide. The chemical is not sprayed over everything, but is applied to the individual weed. I used to use Roundup in the garden because it was an excellent pesticide, but latterly I applied it by touching just one leaf of the weed with a tiny bit of it on a sponge attached to the end of a cane. That is the poor man’s garden method of micro-application. Farmers cannot do that over vast acreages, but I do not want to see a blanket ban on all pesticides, however safe and however applied, as the amendment suggests. The technology is coming onstream to permit the safe application of small amounts of pesticide directly on to weeds. They are of crucial importance and they cause no harm to people, food or the environment.

Lord Greaves Portrait Lord Greaves
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My Lords, it is always a pleasure to follow the noble Lord, Lord Blencathra, in this Committee, not least because I am mesmerised by the picture of that wonderful mountain, Blencathra, in the background while he speaks. I have a terrible problem listening to what he is saying because I am remembering wonderful days out on Blencathra. I congratulate him on a common-sense speech. It saves me having to try to reply to the noble Lord, Lord Naseby.

I wanted to add my name to the amendment tabled by the noble Lord, Lord Whitty, because it is a cross-party amendment and I thought there should be a Liberal Democrat on it, but the list was full, so I added my name to the amendment tabled by the noble Baroness instead. They are both sensible amendments with which to pursue this debate. In his speech, the noble Lord, Lord Whitty, concentrated mainly on the problems for residents who are subjected to spraying, whether it is done in ideal conditions or whether it is being done in accordance with the instructions on the packet. That the health of too many people is suffering as a result of this is pretty well established. Many of us have had letters before this Committee with individual instances and anecdotes. As someone once said, anecdote is the singular of data, and there is enough of it around.

It is also a problem for people who visit the countryside and use footpaths that are not adjacent to fields but are around the field margins or across the middle of the field. At the very least, we ought to be moving to a situation where notices are put up. Farmers may say that is an imposition, but it is not. During the recent Covid lockdown, loads of farmers put up notices asking people to behave sensibly and to keep away from their houses. Some very sensible notices were produced by the NFU which showed how farmers could comply with the access law and at the same time ask people to behave sensibly when they—we—were walking on their land, so it can be done. A requirement for sensible signage during the periods when spraying is taking place telling people what is going to be sprayed is only sensible so they can watch out. People go walking in the countryside for their health, and they do not want to walk through clouds of poison.

I support both these amendments and hope that the Government will find a way of adding a provision to the Bill on Report.

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Earl of Dundee Portrait The Earl of Dundee [V]
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My Lords, like the noble Baroness, Lady Young of Old Scone, and others, I support Amendment 227, which, as a proposed new clause, advises a land use strategy for England, as the noble Baroness explained.

First, it is consistent with the purposes of the Bill, for if we carry out the Bill’s dual intention of improved food security and environment conservation, we will have followed a different land use strategy in any case.

Secondly, however, we do need targets—this is what the noble Baroness’s amendment implies—for these are what strategies must use if they are to be successful. Meeting them does not have to be mandatory, but setting them in the first place makes it far more likely that we will get nearer to where we hope to be in 30 years’ time than if we do not start out with such targets in the land use strategy for England.

My Amendment 228 relates directly to the new clause suggested by the noble Baroness. It

“would enable the Secretary of State to support landowners to make land available to new entrants and farming entrepreneurs.”

As we are well aware, the average age of a United Kingdom farmer is 60—that has been mentioned frequently in our debates—yet for new and aspiring farmers, land continues to be hard to come by. Nevertheless, although it is a long-standing problem, we are now even more challenged in two ways.

We are challenged first by the terms of the Bill, for its twin aims of improved food security and land conservation require of our farmers ever more energy, vision and initiative; and, secondly, by the economic circumstances affecting and surrounding the United Kingdom, including the impact of cheap imports from the United States and of highly subsidised agricultural produce from European Union states. These considerations make it all the more necessary to encourage new entrants to farming.

On measures to increase their opportunities, the Scottish Land Commission recently made some useful recommendations proposing business incentives for young farmers and income tax relief incentives for landowners to make more land available. Provided that they already own three hectares of land and produce a workable plan, new entrants aged between 16 and 41 would qualify for a business grant, some of which would be paid at the outset and the balance of which would be paid at the end of four years if by then they have generated a stipulated amount of business income. Corresponding to this, under the current farm business tenancy scheme, income tax relief incentives would also be offered to landowners provided that they have contracted with a new entrant for not less than 10 years.

Does my noble friend the Minister agree that new entrants to farming are essential to the success of the Government’s intentions; that measures along the lines of the Scottish Land Commission’s recommendation would achieve a significant uptake; yet, that apart, but in the first place, the resolve of the Secretary of State to provide such incentives to encourage new entrants to farming should now be incorporated within the Bill? I beg to move.

Lord Greaves Portrait Lord Greaves
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My Lords, I have put down Amendment 228A largely because I had an amendment down in one of the mega-groups at the beginning of this Committee—that seems a long time ago now—which I never spoke to, because there was too much to speak to in that group and so I just ignored it. The noble Lord, Lord Judd, very carefully and kindly spoke at length about it, which I was very grateful for, and the Minister actually replied to my amendment, even though I had not spoken to it, so I got something out of it.

It seemed to me that the amendment moved by the noble Baroness, Lady—I am going senile, I think—

None Portrait A noble Lord
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Young.

Lord Greaves Portrait Lord Greaves
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The noble Baroness, Lady Young of Old Scone—at least I can pronounce “Scone” correctly. Her amendment provides a good handle to put this issue back in as far as planning is concerned.

My original amendment was all about the need to incorporate or relate the ELM schemes—particularly in tier 2 and tier 3—to all the other strategies of different bodies and organisations in an area, particularly the planning system. It seems to me that, if there is to be a new system whereby the Government put money into farm-level schemes under ELMS, larger schemes under tier 2 and even larger landscape schemes under tier 3, there should be a very clear relationship between these and the local planning system, and it should be a two-way relationship.

First, the scheme should take account of the local planning system and the local plan. Secondly, the local plan and local development control decisions on planning permissions should take account of the tier 2 and tier 3 schemes in particular. Otherwise, we will end up with public money, provided through the new ELM system, being put into schemes that then conflict with the policies of the local planning authority.

This is true for both plan making—which is one half of local planning—and actually determining particularly large-scale planning applications. If there is a tier 3 scheme to do something exciting with a valley and then somebody comes along and wants to build a large housing estate there, and the local plan itself—whether it is the district plan or the neighbourhood plan—does not take account of the tier 3 scheme being in existence, one can see that it is not going to be very helpful.

Therefore, the national planning policy statement ought to be modified to say that local planning—local plans and local planning decisions—should take account of ELM schemes, particularly the landscape-scale schemes and the larger-scale tier 2 schemes. The advice to local planning authorities about developing their local plans, and to parish councils about developing their neighbourhood plans, should say that they should take account of ELM schemes in their area. That just seems to be common sense to me.

Local planning is about spatial structures and elements, and it is increasingly about environmental and ecological things like wildlife corridors. If there is going to be a wildlife corridor in the local plan, then that needs to be linked up with the tier 2 or tier 3 scheme so that the farmers are then encouraged, by being provided with money, to do useful things in that wildlife corridor. The same applies to biological enhancement zones, large-scale SSSIs and even small-scale SSSIs—the abandonment, or neglect, of many SSSIs is a scandal. Landscape-scale policies in the local plan ought to be linked in with landscape-scale policies under ELMS.

I happen to live in a parish called Trawden Forest on the edge of Colne. The whole of Trawden Forest is a landscape conservation area, the purpose of which is to try to prevent people doing damage to such things as the special, historic local walls around fields that we have, and local structures such as that. If that is in existence as a council policy and part of the local plan, which it is, then it ought to be taken into account by whoever Defra appoints in that area to develop landscape or tier 2 schemes. Enhancing the structures in the conservation area scheme should be part of the farm-level schemes, the tier 2 schemes or whatever.

I had to do some campaigning, along with the Ribble Rivers Trust, which has done excellent work, because when the northern forest was announced two or three years ago, for some reason Lancashire was missed out. There is a huge bite in Lancashire that was not to be in it, despite the fact that adjoining parts of West Yorkshire and North Yorkshire were. We are in it now, so that is okay, but if there is to be a northern forest, with a particular focus on a lot of tree planting in the area, that ought to be taken into account in the ELMS. ELMS ought not to be regarded as something on its own; it ought to be incorporated with all the other planning that is taking place locally, so that the whole thing is integrated and the public money going into the public goods in ELMS contributes not just to the farms, but to everything else going on in the area.

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Baroness Quin Portrait Baroness Quin (Lab) [V]
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My Lords, it is a pleasure to speak after the previous three speakers. I added my name to the amendment tabled by my noble friend Lady Young of Old Scone and I support the point that she made in moving her amendment, especially her explanation that this is about updating the regulatory framework, plugging gaps in it, bringing it into line with environmental goals and creating, as I think she put it, viable cross-compliance mechanisms.

Earlier in this Committee stage, I spoke about the need to know what we are talking about when we refer to “environmentally friendly farming” and “nature-friendly farming”. I believe that this amendment, along with others, would help to forge a proper understanding of this and avoid getting trapped in silos—a point made a few minutes ago by my noble friend Lady Jones of Whitchurch.

I also added my name to Amendment 230 on hedgerows, in the name of the noble Lord, Lord Randall of Uxbridge. I have always felt very strongly about the removal of hedgerows and about their proper maintenance in an environmentally friendly way. The debate about hedgerows goes back a long way—even to before we entered the EU. In many ways, British agriculture was a leader in hedge removal over the years, and I am very glad that the mood on this has changed greatly in recent times.

The replacement of hedges and the retention of hedgerows are very important. There is a certain irony in that originally there were grants for removing hedgerows, whereas now there are grants for replacing them. None the less, I welcome that change in priorities. When I was an Agriculture Minister, I was keen to support EU action to protect hedgerows as part of the development of the CAP’s second pillar.

I believe that many farmers are keen to play their part in the maintenance and re-establishment of hedgerows. An interesting example that I came across recently was of a farmer who had replaced a long stretch of tumbled stone wall with new hedging but then used the redundant stone to construct a series of rubble mounds to create a bespoke habitat for wheatears. It struck me that that was a good example of thinking about the environment at every stage of an agricultural project.

I agree very much with the part of the amendment in the name of the noble Lord, Lord Randall, that concerns the ban on cutting hedges from 1 March to 31 August during the breeding and nesting season. In conclusion, perhaps this is something all of us with gardens should consider carefully. Earlier today in this debate, the noble Lord, Lord Blencathra, I think, talked about the fact that gardeners as well as farmers use pesticides. Well, gardeners often have hedges and sometimes they cut those hedges, even savagely, during the nesting season. Obviously, action to encourage gardeners on hedges is outwith the scope of this amendment and even of the Bill. But I would ask the Minister whether encouraging gardeners to be more environmentally friendly is something that the Government are taking up with the Education Department, perhaps, to make it part of environmental education in schools.

In short, I support both amendments I have spoken to. I hope the spirit of them, even if not every word of them, will be taken on board by the Government.

Lord Greaves Portrait Lord Greaves (LD)
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My Lords, what a pleasure to follow a succession of speakers with whom one agrees almost entirely. I added my name to Amendment 231 as an expression of solidarity with all the amendments in this group, which come to the heart of one of the major problems of the Bill. Okay, we are doing away with cross-compliance from the CAP grants most farms have taken advantage of, and moving to a system where a proportion of farms—perhaps a high proportion—will take advantage of, for example, tier 1 schemes. They will be an improvement on cross-compliance if they work properly, because each one will be tailored to the specific circumstances of that farm. That ought to be an advantage, as it ought to be possible to get the best benefit from the particular and unique circumstances of every farm that takes part.

However, the main problem is that there will be some farms—we do not know how many, but they may be large, efficient farms—that decide not to take part in ELMS because they think they can make a profit in the new environment without doing so, without doing all the fiddly things the Government are insisting on through ELMS. Those are the farms where there is a huge risk of a severe loss of environmental benefit and a severe deterioration of everything good that farms give that people have been talking about—ponds, hedgerows and everything else. I do not think we have had an answer from the Government yet on how they are going to deal with that particular problem. These amendments seek to do it by setting up a system of regulation—if I have understood them properly—that will insist that all farms undertake certain basic minimum things.

The Minister has said on at least two occasions in Committee that under the new system there will be no compulsion, and everything will be voluntary. I am very worried about some of these big, supposedly efficient but environmentally inefficient enterprises that might undermine the whole thing.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees
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The noble Lord, Lord Cormack, has withdrawn from the debate so I call the noble Lord, Lord Addington.