Agriculture Bill

Lord Judd Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Lord Judd (Lab) [V]]

My apologies for the disruption to services, but I am afraid that my computer went down completely just before I was called. I record my warmest appreciation to everybody who has worked so hard to make sure that I am able to join the debate— thank you. My relevant interests are all unremunerated and are in the register. I should perhaps specifically mention that I am a vice-chair of the All-Party Parliamentary Group on National Parks and a vice-president of the Campaign for National Parks.

While there is a great deal to be welcomed in this Bill, and the Minister is personally to be congratulated on the part he has played in bringing it before us, there is still a great deal to be put right. Too much is aspirational or only indicative. With teeth and sufficient scope, ELMS could prove a significant step forward. Does the Minister therefore not agree that this must inescapably entail more effective alignment of the Bill with the Climate Change Act and Paris Agreement?

We need practical provision to meet the challenge of food security and muscular methods of enforcement to ensure that public payments for public goods are really delivered and not just a theory. We need specific identification of such public goods: for example, quality of air and soil, reduction of pollution, well-being of uplands, provision of our vital precious landscapes, enhancement and development of woodland and remaining wilderness, peat bogs, the countryside in general, public access to that countryside and rights of way, and urgent regeneration of biodiversity—plants, animals, insects and wildlife. As has been mentioned by several noble Lords, we need stringent regulation of imported foodstuffs, to make certain that our higher standards are not in any way undermined, not least in any trade deal with the United States. We should also spell out and reinforce the responsibilities and duties of the national parks, areas of outstanding national beauty and other special sites in developing a complementary policy in these spheres.

The National Trust has reminded us that soil degradation in England and Wales cost the economy £1.2 billion per year, that between 2009 and 2014 the distribution of British bee species declined by 49% and that farmland birds—

[Baroness Bloomfield of Hinton Waldrist]

May I remind the noble Lord, Lord Judd, of the speaking time limit?

[Lord Judd [V]]

My Lords, it would be sad if this potentially very significant Bill were to become, in the end, just another recycling of good intentions. It needs muscle and teeth. This House must now get down to the task of providing that muscle and teeth. That is very much our responsibility in the weeks and months ahead.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

As your Lordships may know, I am chairman of the Cumbria Local Enterprise Partnership and, as such, one of the NP11. We are engaged, with many others, in trying to level up the north. In many ways, agriculture has many of the economic attributes of the north of England and it too deserves levelling up.

[Lord Judd (Lab) [V]]

My Lords, my interests, all unremunerated so far as they are relevant to the Bill, are listed in the register. I hope that the noble Lord, Lord Gardiner, as he listens to these amendments, will be encouraged and proud that he has stimulated so much interest among his fellow Peers and that so many are anxious to help him ensure that the Bill is as effective as it should be. I always enjoy following the noble Lord, Lord Inglewood. As someone who lives in Cumbria, he has illustrated again today why he is held in such widespread respect. He always speaks with knowledge, experience, balance and wisdom and we should be grateful for that.

I strongly support Amendment 83, in the name of the noble Lord, Lord Greaves—in many ways, I wish I had put my name to it. If financial assistance is to be effective, it must be informed by reconnaissance and strategic understanding of all that is associated with the specific objective for which it is being given. This amendment makes a terrific contribution to the quality of the Bill by pointing out that it is essential to look at all the other activities, many of which will be receiving government assistance in their own right, and to make sure that what is being done fully harmonises with them. It strengthens the effectiveness of what is being sought. It also makes for better financial accountability, because it is possible to see how relevant the financial support really is. It does a great deal to enhance the potential contribution being made. The noble Lord, Lord Greaves, has done a great service by bringing to bear his considerable experience on the front line of local government and rural affairs. I hope that he will pursue this issue on Report, if necessary, and that the Minister will feel able to respond positively.

[Lord De Mauley (Con) [V]]

My Lords, I will speak briefly on Amendments 5, 17 and 27, in the name of my noble friend Lord Lucas. I declare my interest as a landowner and land manager, and as Master of the Horse. My concerns centre on the fact that the breeds of semi-wild, native ponies on Dartmoor and Exmoor, and in the New Forest, are, in some cases, on the critically endangered list, yet represent important gene pools which we lose at our peril. These genetic resources could offer a sustainable way to increase food production and/or improve our capacity to adapt to climate change. They could also help us tackle the emergence of new animal or plant diseases by contributing to a breadth of genetic traits. As has been found in areas such as plant science, genes from ancient species can help us tackle 21st-century problems. These ponies do not fit neatly within the definition of wildlife, any more than they do within that of livestock. Amendments 5 and 17 could mean that the potential financial support and protections currently offered by the Bill for semi-wild pony herds is significantly impaired.

For the same reason, like the noble Baroness, Lady Mallalieu, I have significant—perhaps greater—concerns about Amendment 27. Removing the word “native” would destroy the whole reason behind the clause, changing its meaning entirely. The Explanatory Notes point out that the clause is concerned with

“the conservation and maintenance of UK native Genetic Resources relating to livestock or equines.”

As the noble Baroness said, Amendment 27 might also inhibit the UK’s ability to comply with our obligations under Aichi target 13 of the biodiversity convention and sustainable development goal 2.5, which require us to conserve the genetic diversity of the UK’s livestock breeds. If Amendment 27 were upheld, it could lead to the waste of a great deal of public money because it would support investment in any breed, without differentiation. I am afraid that I cannot, therefore, support these amendments.

--- Later in debate ---

[Lord Inglewood [V]]

My Lords, with the first group of amendments, we did the easy bit: we discussed the generalities. Now, as we move towards specifics, it becomes harder. I will not speak to a specific amendment, for the simple reason that I agree with them and I disagree with them. It is all a muddle. My starting point is very much the remarks of the noble Lord, Lord Liddle, and my noble friend Lord Marlesford. After all, at the end of the war, it was clear that agriculture was coterminous with the rural economy. That is no longer the case. The remarks of my noble friend Lord Marlesford about the Rural Business Unit, merit very serious consideration and have an important part to play in the evolution of policy in this area.

As far as the immediate matters we are discussing are concerned, the crucial thing is to think about the provision of public goods. This is not a form of outdoor relief, but an arrangement for the acquisition, in the public interest, of things it is desirable for the public to have. Their acquisition divides into two separate things. First, it is an ongoing product which is essentially a function of maintaining land, but to do that, in certain circumstances it is necessary to invest capital. If you start looking at the economics of it in that way, it becomes more understandable.

The other thing that I have learned from farming is that just about all you can be certain of is that things go wrong. In this country, as we know, an awful lot of agriculture is conducted under the landlord and tenant system, but this disguises a whole range of arrangements between landlords and tenants. In those arrangements, the various parties contribute very differently and the risk is carried differently. In any event, if you are thinking about these subjects, how do you deal with the landlord and tenant system separately from that of owner-occupiers? How, in financial terms, is an owner-occupier with large borrowings different from a tenant who is borrowing “money” from a landlord? That makes it very difficult.

In addition, there is not only one form of land tenure. In the north, where I come from, there is a great deal of common land, as we have heard this afternoon. The problems with common land have caused considerable injustice in the way in which they have locked, or failed to lock properly, into environmental payments. The noble Baroness, Lady Ritchie, spoke about conacre in Ireland, which I have heard about but never come across personally.

Furthermore, in looking at public money for public goods, we have to be clear that what is suitable in place A is not suitable in place B. Different bits of Britain are completely different from one another. I live in Cumbria, on the edge of the Lake District, but I spent a number of years in East Anglia on the edge of the Fens. They are as different as the automotive industry and the aerospace industry. We have to be very specific and careful and start by thinking about what advantage the public can gain from any particular place.

In terms of money, it seems axiomatic that there should be proper audit. This must be accounted for properly because, in any commercial transaction and wherever public money is involved, you have to be able to see what is going on and trace it properly. However, confidentiality is also important, a point which I think has been made. I am a dairy farmer; we have had our supplier on to us about security in the face of animal welfare activists.

At the end of the day, it is for the Government to work out what they want to buy under the principle of public money for public goods. As I and others have said, they are pretty vague in their own mind about what they want to do. In dealing with the consequences for the people on the ground, as much as possible—this has been touched on by a number of speakers—if it is appropriate to find an agreement between the various interests involved in the use of land, that must be a very good starting point to take it further forward.

[Lord Judd [V]]

My Lords, I return to the basic amendment for this group from the noble Lord, Lord Addington, and the noble Baroness, Lady Scott of Needham Market. It makes sense. It spells out more fully the range of activity which I am sure the Government intend to cover and specifies some of these areas more clearly. At this point in our economic history, which is not very cheerful, horticulture may become very much more important than it is even today. It may become an important part of our way of life and an important way of generating income for a cross-section of people. This will not be altogether a bad thing. It will lead to a better quality of life for them, frankly, than what they may have been involved in before. For all these reasons, we should be grateful for this amendment. I certainly support it.

[The Deputy Chairman of Committees]

I regret that we have been unable to reconnect with the noble Lord, Lord Naseby, so I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

--- Later in debate ---

[Baroness Hodgson of Abinger (Con) [V]]

My Lords, I will speak to Amendment 100 in my name. I welcome the opportunity to take part in scrutinising this legislation. It was a great disappointment that the Government did not allow more time for Second Reading and prevented me and other Members of this House from taking part. I declare my interest as a director of a company that owns some farming land. Also, I recently served on the Rural Economy Select Committee and, some time ago, on the Farm Animal Welfare Committee and the FSA animal feedingstuffs committee. I am a member of the BHA.

Amendment 100 is a probing amendment. First, there is no definition in the Bill of “public access”. I also raise the issue of allowing walkers and riders access to agricultural land. While there is a good number of footpaths, in some parts of the country bridle paths are in short supply. Horse riders have access to only 22% of the public rights network, which is the only real way they have of accessing countryside.

Certain responsibilities and liabilities go with creating bridle paths, which means many landowners are reluctant to create more. With the number of cars and bicycles now on the roads—cyclists can be a real danger to horse riders too, as they seem so silent and frightening to horses—there are far fewer safe place for horse riders to go. Access to agricultural land would give the benefit of opening up more safe places to walk and, especially, to ride.

[Lord Judd [V]]

My Lords, the noble Lord, Lord Addington, is to be congratulated on this group of amendments. They are vital, and I am very glad to be associated with Amendment 111. I would have been associated with more if there had been spaces when I came to put my name down.

In our modern society—urbanised, digitalised, impersonal—it is serious for the whole future of humanity that so many people have totally lost contact with the countryside. Whether it be about the inspiration, an uplifting experience, or the spiritual or physical enhancement of being there, enjoying it and being active within the countryside, it is just not a reality for many people. We have a major challenge to put this right. It seems that all of us who have engagement with the countryside have a big responsibility for it—whether the land be in private ownership, public ownership, national parks or whatever—to make sure that people are re-engaging with what is, of course, in the end, fundamental to the well-being of society and to people’s own well-being in terms of food and the rest.

There has been too much surreptitious—sometimes quite sinister—cutting off of access to the countryside. We should take this very seriously indeed. It is wrong and it is very dangerous in terms of what I have just been saying. For these reasons and many others, these amendments are crucially important and I am very glad to be able to support them.

[The Earl of Devon]

My Lords, I am amazed to hear that there were 11 days in Committee for the then CROW Bill and we have four for this much larger and more extensive Bill. It is amazing how things have changed.

I have been steward of the family farm for only a few years. During that time, I have experienced a number of issues with public access. We have had IRA bombs hidden in the woods; we have had oysters stolen; I have seen lambs mauled by dogs; I have seen sheep bludgeoned to death with baseball bats. We have chestnut blight throughout our woods spread by spores, which are carried on feet, and asbestos fly-tipped in ancient forests. I have just restored the belvedere tower that was burnt down by vandals more than 50 years ago. Public access to the countryside is quite sobering and your Lordships might be surprised that I am very supportive of it. It really needs to be managed, because it has incredibly dangerous and negative implications if it is not handled well.

It requires more than 45 minutes of this debate to really do justice to the issues but, as I see it, access is principally about education in what the countryside is about, how it works and how it is managed. I am encouraged that some of these amendments really focus on that. They focus on education on the countryside and what farming is about. Farming is about life and death, uncomfortable decisions and balancing the well-being of animals with the well-being of humans. The more that ELMS can be used to encourage responsible, sustainable and resilient access to the countryside for the benefit of people’s health and well-being, the better for all of us and, particularly, the better for land managers, whose management of the land suddenly becomes relevant to a much wider swathe of the population.

I am pleased with the positive reaction to the suggestion that health and well-being benefits are the purpose of access. Can the Minister comment and think about how we are funding this access, and whether it is just ELMS or whether we could perhaps look to the national health budget to provide additional financial support if we are doing so much good for people’s health and well-being, particularly their mental well-being? Perhaps some of the health budget can be directed towards land management for the benefit of public access.

We really need to think very firmly about biosecurity. I mentioned the chestnut blight, but there are so many diseases that are rampant in our countryside. Farmers do not exclude people from the countryside just because they do not want them there: they often exclude them because it is very damaging to have people all over the countryside, particularly in sensitive areas where one is dealing with disease and pestilence that is really ravaging so much of our native flora and fauna.

There is also physical security. Many in rural areas live in isolated houses; free access to the countryside can cause all sorts of issues with rural crime, fly-tipping and health and safety. Who pays when someone trips and falls? How does insurance cover that? All these things need to be worked through if we are to encourage more access to the countryside, as I hope we will be able to do.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

[The Deputy Chairman of Committees]

I call the next speaker, the noble Lord, Lord Judd.

[Lord Judd (Lab) [V]]

With great respect to colleagues, I do not intend to speak on these amendments.

[The Deputy Chairman of Committees]

In that case, I will call the noble Baroness, Lady Jones of Moulsecoomb.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[The Deputy Chairman of Committees]

The noble Baroness, Lady Meacher, has withdrawn from the list, so I call the noble Lord, Lord Judd.

[Lord Judd (Lab) [V]]

My Lords, I want to speak to the whole group of amendments as I find the interrelationship between the various amendments on this occasion particularly interesting. My noble friend Lord Whitty has been talking about food security. This group focuses on food security not only in the context in which he mentioned it—although that is vital—but in the context of the most unstable period in world affairs that we can remember. It is very important to think of food security in that context as well.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

[Baroness Worthington (CB) [V]]

My Lords, it is my pleasure to speak to Amendment 73 in the name of the noble Earl, Lord Caithness, and Amendment 274. I also strongly support the other amendments in this group.

Like many, I have been listening to the many varied and fascinating debates that have surrounded the Bill in Committee. I am holding myself back and contributing only to this group of amendments. This is partly because, while this is not my area of expertise, I look at this through the lens of the need for us to take a whole-economy approach to climate change. This is therefore the group on which I thought I had the most relevant comments to make. I hope noble Lords will forgive me if I speak for a little longer than others have on this group, just to articulate why it is so fundamental to the Bill’s success that we address climate change front and centre in the Bill.

The Agriculture Bill is essentially a framework piece of legislation, but the collection of measures in it lack an overriding purpose and an overriding legislative goal for which we can hold the Government to account. The function of moving from the current system of the common agricultural policy to a new set of parameters and rules that the UK can set for itself is welcome. We all know that the current system of subsidies for agriculture has had many impacts, many of them environmental but many of them social, and this has affected how we interact with our land. We now have an opportunity to set a new path, and the Government should be commended for the policy statements they have made and the signals they have given about this new change in direction. That is very timely and will be very significant for generations to come.

With that, I ask the Minister if the Government could seriously consider adding a clause to the Bill that would make it perfectly clear that it is part of an endeavour to realign our agricultural and food sector with that goal of being climate-compatible and net zero by 2050. The noble Earl, Lord Caithness, has eloquently made the point that this sector, more than any other, will feel the impact of a disturbed climate—a climate that can no longer be predicted, where extreme weather events impact our ability to grow food and sustain our land in the way that we have been accustomed to. It is imperative that we take action in the long term to secure a stable climate.

The other interesting fact about agriculture and food is that both are a source of climate change emissions and greenhouse gases but also a significant sink—a way of absorbing more of the excess greenhouse gases back into our soils, our forestry and our land. So the sector is in a unique position, both to reduce its own impact and to increase its ability to be a central part of the solution for getting to net zero. For those reasons, it is imperative that we make that clear in the objectives of the Bill. Clause 1 says that future payments will be tied to environmental sustainability, but that is not precise or clear enough to give the Bill the direction of travel that it really needs or to give clarity about the purpose of the Bill and this change of direction.

At the moment, when we think about tackling climate change, one of the most politically difficult issues is that of who will pay for taking actions that at the moment may cost more but that we know will be beneficial for future generations. With agriculture, we are in a unique position in that we already see large sums of public money going into the sector. There is no need to discuss how we introduce a carbon price and no need to talk about taxation. We have a system that already sees a large amount of money from taxpayers flowing into the sector. It is fully understood that that can continue through a transition period, but we will be attaching a requirement that those payments deliver a public good. That public good, as defined through the lens of climate change, would see large amounts of money being given to farmers who found innovative ways and solutions to reduce greenhouse gas emissions and enhance our ability to store carbon in our land.

This is a huge and exciting opportunity for the Government. We have set out for this net-zero target, we have legislated for it and we have led the world in doing so, but now we really need to demonstrate that we understand what that means and we know what policies we will need to get us there. The more cost-effective those policies are, the more we can point to our success and see other countries follow that path. We have an opportunity with this redirection of public money to demonstrate that it is eminently possible and hugely exciting to achieve net zero in our agriculture, food and forestry sectors at an accelerated pace.

If the Government are able to craft their own version of this group of amendments, clearly setting out that it is a core aim and we will see net-zero provided through this sector, it will be a fantastic opportunity to provide clarity for the sector. As we approach the next conference of parties of the UNFCCC in Glasgow next year, which we are hosting, we will also be able to point to our own domestic legislation to show that when we talk about the need to drastically reduce emissions and stabilise the climate, we are not just talking about it but doing it. We are putting in place the sectoral policies and sectoral laws that will drive investment.

This will be an opportunity. There is no doubt in my mind that, as we transition from the current subsidy system to a new system, it will be greatly beneficial to have a carbon target for the sector because it will draw in investment from other parts of the economy. If we wish to reduce our taxpayers’ subsidy into the sector, what better way than to do so through private sector investment paying for the public good of carbon reduction, carbon removal and carbon abatement in this sector? It will relieve pressure on the public purse and enable money to flow into the sector from those sectors finding it harder to abate. That is a wonderful opportunity, and with a bit of thought we can make that explicit in the Bill.

To summarise, this group of amendments deserves careful attention from the Government. I look forward to hearing the Minister’s reply, and we hope to see the Government take this on and bring something forward. This is not just about climate change; it is an opportunity to create clarity and drive inward investment and private money into the sector. It is an opportunity for the UK to develop a set of framework legislation that we can be duly proud of and which we can announce and discuss in the global context in Glasgow next year.

I, too, pay tribute to the NFU and all the farmers who are potentially running ahead of many in government and many commentators in acknowledging that this can be done and that it is an exciting opportunity. They believe that we can get to net zero in this sector earlier than 2050. We should be giving them legislation that makes it completely clear that we as a society, as a whole, are backing them in that and want to create the right framework to enable them to do it.

I will not detain the House any longer, but I hope I have conveyed my enthusiasm for this group of amendments. It would be fantastic to see a version of any of the four of them in the Bill in its next stage. I very much look forward to the reply from the Front Bench.

[Lord Judd (Lab) [V]]

My Lords, this is a very important amendment. It is a rather historic occasion, because I cannot recall any other occasion on which I have associated myself with the noble Earl, Lord Caithness, politically, but I completely associate myself with him on this occasion. For me it is quite simple: if we will the ends, we have to will the means. It is clear that agriculture not only contributes to the problem but could be doing far more to help solve the problem. We all have to think, wherever we are in society, how we can change our ways in order to play a practical part in this urgent priority for the survival of the human race. I therefore commend the amendment and am very glad to see the other amendments in the group addressing ways in which agriculture can contribute towards the objective—not just how it can restrain itself, but how it can contribute. This is a practical priority, and I hope the Government take it very seriously.

--- Later in debate ---

[Baroness Jones of Moulsecoomb [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Wigley. He feels passionately about these issues and I enjoyed his speech very much.

I agree with others who have said that this Bill is an enabling Bill. In essence, it gives the Government a lot of power and trusts them to go off and implement what we have decided without many checks and balances. I cannot imagine that there are that many people left in the UK who actually trust the Government any more, so why should members of your Lordships’ House trust them?

The collective theme of the many great amendments in this group is that they would, in one way or another, force the Government to show their working and allow Parliament to mark their homework. I think this is something that we need to take very seriously.

Turning to the amendments to which I have attached my name, Amendments 127, 134 and 137 are important because they will tie the Bill to the Environment Bill and ensure that funding is sufficiently allocated to achieve the environmental aims. There is little written into either the Environment Bill or the Agriculture Bill —two enormous Bills—to create a cohesive framework; both seem rather to create their own stand-alone systems. It is as if two teams drafted them and they were not allowed to speak to one another but just got on and produced their own Bill. Both Bills are setting up very long-term systems that will spread their tendrils throughout huge parts of our economy, and it makes sense to bring these together now, or we will be back here in a few years’ time, trying to close the gaps.

[Lord Judd [V]]

My Lords, I am very glad to support this amendment. It seems to me absolutely crucial that at this juncture, of all times, we should be committing ourselves to making sure that proper funding is available for agriculture. It is one of these difficult situations: for quite a long time in Parliament I have been concerned about it. We have a Minister in our midst who takes these issues very seriously, but he will not necessarily be there for ever—alas—and that means that we do not know what lies ahead; nor do we know how far the Treasury and other key members of the Government share the commitment and aspirations that we know he has.

It seems to me, therefore, very wise of my noble friend to table this amendment, because it is saying that we must not allow circumstances, inadvertently or deliberately, to create situations in which the amount of funding available for agriculture decreases. This is the very time that this should not happen, and I believe that this amendment relates to other amendments, not least those by my noble friend Lord Whitty which are coming up in a moment—or at least this evening, we hope—in which he talks about smallholdings and the rest. The point here is that I think we are entering an economic phase in which land and the opportunities it offers for productive, constructive and creative activity will become necessarily more available and more important than ever. I am very glad that my noble friend has wisely tabled this amendment.

[Viscount Trenchard]

My Lords, I have heard it said many times by Ministers that the total amount of agricultural subsidy to be paid in 2021 will be no lower than the amount to be paid in the current year. I look forward to hearing the Minister’s confirmation of this. However, I am not sure that the noble Lord, Lord Grantchester, is quite right in his drafting of Amendment 105, because “the total amount provided” under Section 1 in 2020 is obviously zero. I think that what the noble Lord wanted to say was that the amount to be paid is no less than the total amount, including amounts provided under the direct payment scheme and other existing schemes.

I am not sure that it is fair to limit the proportion of financial support spent on administration or consultancy. A farmer might spend a high proportion on consultancy in one year and then nothing for several years. Different farmers categorise spending on administration in different ways, and if a farmer spends all his financial support on unnecessary administration, it follows that he will not be achieving the approved purposes and will not therefore qualify to continue to receive support. I am therefore unable to support Amendments 107 and 123, but I would support Amendment 112, permitting carry- over of unspent funds—but probably only to the next year, which I think is reasonable. Amendment 128, proposed by my noble friend Lady Rock, achieves the same purpose, although, again, I suggest limiting the right to carry over to the following year only.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Lord Randall of Uxbridge [V]]

My Lords, I echo the words of the noble Lord, Lord Whitty, and the noble Baroness, Lady Young of Old Scone, about connectivity. The problem is not just in rural areas; it is here too, in suburban Middlesex. However, I am even more relieved that the noble Baroness spoke to Amendment 222 before I did, because she is much more eloquent than I am, and it is something I support.



With regard to the community infrastructure levy, it is of interest that, since 2009, only one local authority has carried out a viability assessment on whether agricultural buildings can afford to pay the CIL. This assessment concluded that the local authority should pay the farmer to build a new farm building.

At a time when the Government are looking at all sorts of innovative ways to cut out red tape and so forth in the planning area—I may have concerns about them if they impinge on environmental interests—we should make sure that we give those in the agricultural industry a fair deal on these properties. After all, they will not be used for profit in the same way that an extension would be, or in any other ways. I support what the noble Baroness said, and I hope the Minister will take note.

[Lord Judd (Lab) [V]]

My Lords, I have great joy in very warmly supporting this amendment moved by my noble friend Lord Whitty. The future economic prospects for Britain and the great changes to our way of living and our society that may become necessary only emphasise the urgency of what he is talking about.

I live in rural Cumberland, right up in a valley, where an unwelcome social development is becoming very obvious. Farming, and hill farming in this instance, is increasingly done by elderly people who find it more and more difficult to cope. Consequently, the land gets bought up and concentrated in the ownership of a few people, very often living far away.

Therefore, my noble friend’s amendment has wider implications and challenges beyond what he is specifically talking about. I think it would be nothing but good for British society if more young people who wanted to become involved in farming had that opportunity. Too often, you hear of people who would like to be in farming but cannot afford to get into the system as it has emerged, and who are looking for small, manageable farms.

It is also true that, as we are taking a balanced diet and all the rest so seriously, we may need to concentrate far more on a variety of farming which lends itself to producing varied diets and to the self-sustaining approach to agriculture. For these reasons, I am very glad to support my noble friend.

[Baroness Jones of Moulsecoomb [V]]

My Lords, this is a near-perfect group of amendments, and the Government would do well to pick all of them up. It is certainly good luck that your Lordships’ House has so many very talented people who can help the Government to improve the Bill.

Reforming agricultural tenancies and giving greater protection for tenants and their families would help give the security needed to take a long-term view as a guardian of the land, make beneficial investments and work the land to its fullest potential. The county farm amendments are also brilliant and should be encouraged in order to bring more enthusiastic entrants into the agricultural sector. I echo the dismay of the noble Lord, Lord Whitty, that county farms are being sold off; I am sure he knows that his adopted county of Dorset has recently sold six county farms.

Alongside smallholdings, I ask the Minister how he sees the provision of allotments in improving our food security, resilience and health. There is a huge underprovision of allotments in this country, with multi-year waiting lists. I confess that I am a very keen allotment holder—I do not think my nails will ever be the same again after this lockdown—so I know how wonderful they are and encourage the Minister to include allotments in Government plans for our food systems. A housing estate should not be built these days without some sort of allotment close by so that people can get out, grow food and get their hands dirty.

--- Later in debate ---

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

My Lords, I am very glad to follow the noble Lord, Lord Krebs, and the wise words that he has given us. I hope the Government will take heed of what he has to say and the need for action. I support and endorse everything that has been said about food poverty and the difficulty of finding affordable and nutritious food for many people on low incomes.

I will speak in support of Amendments 164 and 167, which I have signed, as well as Amendments 160, 170 and 171, and will take a slightly different approach. The first two amendments are aimed at securing co-ordination on food security across the UK. This is essential if we are not to risk disruption in the supply chain and unfair terms of access to affordable and nutritious food in all parts of the UK. Looking at the devolved regions, one can see that Scottish food exports are about £3.6 billion per annum to the rest of the UK and about £1.6 billion internationally. Northern Ireland exports £3.5 billion, of which £1.26 billion goes out of the UK, and Wales exports around £337 million, most of which goes to the EU. Therefore, agriculture is important to the economies of the devolved Administrations in terms of value and employment, proportionally more so than across England, although the north and the south-west of England also have significant agricultural sectors.

Of course, all parts of the UK are dependent on food imports. We are a long way short of self-sufficiency, as many people have reminded us. Therefore, it is not hard to see the potential tensions that could arise. In reality, the south of England is the main domestic market for the devolved Administrations’ food production. In normal times, this is a good example of our internal market, and I am very proud that we in Scotland produce extremely good-quality food that I think people in London and the south-east appreciate and are often prepared to pay a premium to receive.

However, if there was a crisis of supply that left home-grown food for domestic consumption in short supply in the devolved Administrations while maintaining supply in the south, this could cause problems. Alternatively—in reverse—if the south was kept short by diversion into local markets, the same problems would arise. By the same token, if there was disruption to imports of key food that led to the supplies being diverted to the larger markets at the expense of the periphery—meaning people in Scotland, Wales and Northern Ireland would face shortages or higher prices, or both—the same difficulties would arise.

Therefore, for something as critical as food, the market cannot be the sole recourse at times of crisis. The noble Lord, Lord Hain, has quite starkly pointed out that the market puts nutritious food beyond the reach of many people. Co-ordination among all the tiers of government is required to ensure a fair and equitable distribution of affordable and nutritious food. There is a problem now, but it could be considerably worse if we take the combined threats that we can see ahead.

The other amendments that I support are aimed at anticipating the possibility of potential shortages in good time so that appropriate UK-wide action can be taken. It is quite likely that, when we leave the EU on 31 December, we could face disruption to our food supplies; I have pointed this out before. There will be delays for inspection of foods, cost and additional bureaucracy, all of which could lead to a loss of supply and a diversion of supply away from the UK. I have made the point that it may not be due to a lack of willingness to supply the UK or any kind of boycott; it may just be that bureaucracy and cost make other markets more attractive and profitable, leaving us at a disadvantage. Indeed, if trucks or fresh food transport is sufficiently delayed, then food will perish or be damaged, and lose quality.

Even if we manage to avoid a spike that causes that to happen, readjustments will take place in UK and EU agriculture and food production to take account of Brexit arrangements that we do not yet know about. These other amendments, therefore, require the Government to set targets, anticipate adverse changes, take action and report—in the first place within 12 months, and then every three years.

In the post-pandemic, post-Brexit world, with looming climate change and other problems potentially disrupting harvests and yields, the UK cannot rely on the global marketplace and must have a domestic strategy. The Government have not been good at planning for crises or disasters. Accepting these amendments might show that they are willing to learn.

[Lord Judd [V]]

My Lords, this amendment has been very important in enabling a wider debate. As we have been hearing, food security is fundamental to the welfare of the nation, in terms of health, diet, fitness for work and the ability to live life fully, but it also has implications for what our agricultural production does that accelerates climate change. It relates also to all the other impacts of climate change on our agriculture—a terrific and complex range of impacts.

In view of this, it seems simple and clear that we cannot afford to have a laid-back approach to reporting and accountability. There needs to be vigour and frequent reporting, as far as is reasonable. The Bill is currently too relaxed and complacent, and the debate has emphasised the importance of the first amendment in this group, which demands more frequent reporting. From that standpoint I am very glad that my noble friend has moved this amendment and am only too pleased to support it.

[Baroness Ritchie of Downpatrick [V]]

My Lords, I support the amendments in this group, particularly those to which I have added my name. This is probably one of the most important debates in Committee, because it deals with food security and insecurity, which is key to the development of a new agricultural policy in the UK, in the context of both Westminster and the various devolved regions. That is the opportunity afforded by the new dispensation in a post-Brexit relationship, notwithstanding the fact that I would have preferred to remain in the European Union.

In relation to the amendment, there is a need, as has been pointed out by the noble Baronesses, Lady Jones of Whitchurch and Lady McIntosh of Pickering, for a greater level and frequency of reporting, and I have added my name to Amendment 162, which deals with reporting on an annual basis: it should be mandatory and it should be in the Bill.

I have also signed Amendment 167, in the name of the noble Lord, Lord Hain, which addresses food insecurity. This really goes back to the issue of individual food insecurity, the issues around resources and the need to improve general health and well-being. That should also be explicit in the Bill.

Looking at the issues of food security and insecurity, there is a clear need for those food security targets to be met and monitored. If we are serious about underpinning food security, the legislation needs to be toughened and strengthened, as stated in Amendment 171. We therefore need a dynamic report, on an annual basis, with a food plan in place.

I was also a member of the Select Committee, under the very able chairmanship of the noble Lord, Lord Krebs, which produced the report entitled Hungry for Change: Fixing the Failures in Food. As outlined by the noble Lord, Lord Krebs, the report dealt with issues to do with resources, and the nature of the current welfare system that prohibits people having proper access to the money to buy good-quality, nutritious foods. It dealt with: the lack of availability of nutritious food for certain groups of people; the impact of marketing; the impact of having to go to food banks on people who rely on benefits—raised by the noble Baroness, Lady Boycott; and the need to deal with reformulation.

Another issue is trade deals. We have to ensure that we have better-quality food and that we are not forced to deal with food from other countries that is poorly produced in inhumane conditions, or food that may be infused with hormones or chlorine. Our report asked that the Government commit to detailed and routine monitoring of the levels of food insecurity. That data should be published transparently and be subject to scrutiny, to ensure that trends in food insecurity can be linked to wider socioeconomic reforms and can inform policy in other areas, such as public health and welfare, so that efforts to tackle food insecurity can be targeted effectively.

In summary, it is vital that the Minister is willing to accept these amendments, which strengthen the Bill. Our report has been mentioned in previous sessions. Has the Minister had time to peruse it? Does he have any initial thoughts, in advance of Mr Dimbleby’s report on the whole area of food? I support the amendments in this group, particularly Amendments 160, 162, 167, 171 and 173, in my name and that of my noble friend Lady Jones of Whitchurch.

Agriculture Bill

Lord Judd Excerpts

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

Moved by

[Lord Judd]

219: After Clause 34, after subsection (1)(c)(i) insert—
“(ia) affordable housing,”

[Lord Judd (Lab) [V]]

My Lords, I thank my noble friend for the very warm reception that she given to my amendment. I strongly support what she is putting before the Committee. It seems to me vital and very sensible.

The word “crisis” is overused these days, but we really do have a crisis in rural areas. What used to be thriving communities based on agriculture have become very dependent on people from other parts of the country who, like me—I plead guilty—have settled in those areas. We have now reached the stage where communities in rural areas have real difficulty in getting even the basic services that they need, such as social workers, health workers and the rest, because they simply cannot afford to live in the area. That goes for farmers, people who want to farm and those who have come from generations of farmers and want to continue that tradition.

On Tuesday, we debated the measures to help people who want to farm to prepare to do so, and my noble friend Lord Whitty put forward a very important amendment in that context. However, we must recognise that, if that intention is to be fulfilled, it is essential that they have the facilities and support that they need to establish themselves. My noble friend’s Amendment 218 talks about ensuring that

“agricultural workers have sufficient access to … financial advice … mental health support, and … any other support the Secretary of State deems appropriate”.

That is right, but I feel that no single provision is more important than ensuring that they have the housing they need to be able to maintain family life and do not to have to travel great distances so they can to play a full part in the community, as well as performing in agriculture.

As I have said, I am grateful to my noble friend for being so friendly towards my amendment. I just hope that her amendment, and my amendment to it, will commend themselves to the Committee. I beg to move.

[Lord Carrington (CB) [V]]

My Lords, I declare my interest as a farmer and landowner, as set out in the register. I have added my name to this important amendment—Amendment 218—tabled by the noble Baroness, Lady Jones of Whitchurch, because I believe that without a duty to sustain the UK agricultural industry workforce, the aims of the Bill, and in particular the continuation and development of sustainable farming, cannot happen.

Currently, farming is characterised by one-third of farmers being over 65 and only 3% being under 35 and by a very unattractive career image in terms of earnings. With this Bill and its aim of encouraging the retirement of older farmers and intention of bringing younger people into the industry, it is vital that education and training are raised up the agenda, and that means improving formal qualifications.

At the same time as encouraging our own young into the industry, we need to make sure that, as envisaged in subsection (1)(a) of the proposed new clause, where necessary we can supply seasonal workers, even if that means bringing them in from abroad. A vegetable or fruit grower in Lincolnshire, or wherever, will soon give up his labour-intensive operation if he cannot get the pickers. The result will be that production moves overseas, with the associated negative consequences for the environment and food security.

After a 185% growth in UK soft fruit production over the past 20 years, this is a very dangerous situation. The National Farmers’ Union estimates that we require around 70,000 seasonal workers, with the bulk being required between April and September. The ONS estimates that 99% come from the EU. Up until March—the slow season—the shortage was estimated at around 5%. The Pick for Britain campaign has been very welcome but the results have been somewhat patchy, and, as the economy recovers, furloughed workers will return to their jobs, which will exacerbate the problem. The Government’s seasonal workers pilot scheme, although expanded from 2,500 to 10,000 overseas workers, is woefully inadequate and is scheduled to end this year. Can the Minister tell us what is likely to replace this scheme?

In his letter of 29 June, the Minister, the noble Lord, Lord Gardiner, drew attention to government activity in the area of training and skills—in particular, the apprenticeship programme and technical education—together with the increasing funding that is available, all of which is most encouraging. This is the purpose of proposed new subsection (1)(b). We should all welcome the development of a new farming qualification to attract teenagers into the business by increasing the support of T-level courses. The Government’s Institute for Apprenticeships and Technical Education is currently looking at the content of courses. Currently listed are crop production, forestry, habitat management, land-based engineering, livestock production, ornamental and environmental horticulture, and trees and woodland management and maintenance. All that is ongoing. I believe it is of such overall importance that it needs to be specifically contained in the Bill and thereby protected from future attempts to pare back this crucial element of both agriculture and the wider skills of the environmental land management scheme.

--- Later in debate ---

[Lord Judd [V]]

I most warmly thank all those who have participated in this debate; it has been a good debate. I also thank the Minister; I find that it is important to the quality of our whole proceedings that we have a Minister who is rooted in the issues with which we are involved. He speaks with great understanding and sympathy, and a good deal of enlightenment. His remarks have been encouraging, particularly his offer to continue talking with those of us who have concerns in this area.

I also take this opportunity to thank my noble friend Lady Jones of Whitchurch for the warm welcome she gave to my amendment. Everything that has happened in the debate demonstrates how right she was to bring her amendment. I hope, therefore, that what I have proposed is helpful and that when—it probably will be “when”—we pursue this on Report, we will simply take a belt-and-braces approach to ensure that the Minister’s good intentions and undertakings to us are entrenched in the legislation and incorporate the two amendments together. I think that would be a sensible thing to do. In this context, at this stage, I beg leave to withdraw my amendment.

Amendment 219 (to Amendment 218) withdrawn.

Agriculture Bill

Lord Judd Excerpts

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[The Earl of Devon (CB) [V]]

I remind noble Lords of my Devon farming interests and note my American links. I join other noble Lords in thanking both Ministers and the many House and departmental staff for their efforts. I congratulate Minette Batters of the NFU and many others for their tireless work on these issues. Jamie Oliver has been a leading voice for high standards in our national diet; I thank him and his audience as well. But I remain unconvinced that protection of our national food standards is necessarily the right course. I invite the Committee to consider the unashamed promotion of our national food standards as an alternative.

It is now day seven of this Committee stage, and I am embarrassed to note that, in this wide-ranging agricultural debate, the Devon cream tea has yet to be mentioned. It is my ancestral duty to correct that and to remind your Lordships that it was my Saxon predecessor Ordwulf, alderman of Devon, who first recorded serving scones, cream and jam to the builders of Tavistock Abbey in 997 AD. As an aside, could the Minister confirm whether the Duchy of Cornwall is answerable to Parliament? If it is, Devon would be most grateful if the Minister could confirm whether the Duke of Cornwall has any more ancient records of serving the cream tea. If he does not, it might settle an important local debate, once and for all.

Why is this particular piece of peninsula politics relevant? When I left California with my family, seven years ago, we served cream tea to our friends using Devon clotted cream, which was abundantly stocked in the local Santa Monica deli. When we left London for Devon some two years later, we tried the same, but could not find Devon cream in London; it was all from Cornwall. I came to realise then that the brand value of Devon cream is stronger in America than in England.

Along similar lines, we recently saw Her Majesty’s grandson Peter Phillips gamely promoting Jersey milk to the Chinese, whose appetite for meat and dairy is set to rise exponentially over the coming decades. Consider also our traditional French nickname, les rosbifs, and recall the celebration of English beef by William Hogarth and Henry Fielding, who famously wrote:

“When mighty Roast Beef was the Englishman’s food,

It ennobled our veins and enriched our blood.

Our soldiers were brave and our courtiers were good

Oh! the Roast Beef of old England”.

We can combine this ancient heritage and global brand recognition with modern environmental science. Studies increasingly identify grass-fed meat and dairy, typical of our western counties, as offering a lower carbon footprint and higher environmental benefit than alternative confinement systems, which house livestock indoors, feeding them intensive arable crops, hormones and antibiotics. Nations around the world are beginning to set net-zero targets, following the UK’s bold lead. I note that Joe Biden recently targeted net zero for the United States by 2050, which will include carbon-neutral food and farming.

Rather than protecting our farmers from high-carbon low-welfare imports, as these amendments seek to, might we not consider placing all our efforts on promoting our low-carbon high-welfare exports and re-establishing British farming as a world leader? It is for this reason that I am concerned that the trade, food and farming standards commission could be a regressive step. I do not believe that the commission that has been agreed by the Government and launched today has nearly the mandate it needs to achieve what the industry and consumers want. The commission will report in six months with a series of recommendations, but it will have no real impact on the Government’s negotiating strategy and no binding say. It is transparently a way of kicking the agricultural standards issue into that very same long green grass on which we West Country farmers pride ourselves.

Finally, I note that the Government are conducting dual negotiations with both the EU and the US, whose experienced trade delegations have long been driven directly by their farming interests. In contrast, our trade negotiators are mere debutantes due to be ravaged by their weathered counterparts, without a farming chaperone to protect them. We are all aware of the strength of the agricultural lobby in the US. This fall, the midwestern farming states are due to reprise their enormously influential role in US national politics. Similarly, none can forget the scenes of French farmers shutting down Paris with manure, in defence of their interests. Farmers have a radical sway over politics across Europe. Here, conversely, farming interests are conservative and convivial, as is graphically illustrated by the genteel hereditary voices—included mine—that have been so vocal in this debate.

I worry that this Government are not fearful enough of our farmers. They may need to become so, if our rural interests are to be fully realised in the ongoing trade negotiations.

[Lord Judd (Lab) [V]]

My Lords, I originally put my name down to speak to Amendment 271, in the name of my noble friend Lord Grantchester. I am glad this is a cross-party amendment; that is very significant.

I make this observation as an old-timer: this has been a particularly significant debate. It has been powerful for revealing the great wealth of experience and wisdom available in this House—noble Lords speaking with real authority because they are absolutely involved in the issues we are discussing. That needs to be recognised. It is epitomised by the Minister and my noble friend Lord Grantchester, both of whom are rooted in farming communities.

I say to the Minister, again as an old-timer, that it is not often you see a Minister have such great respect and understanding across the House. This is enhanced by the way he listens and responds, and because of his authority, speaking from his background. It is one thing to have generated good will and respect in the House—that is to be treasured—but the real test of the Minister will be what he delivers in response to this debate. We may say that the quality of everything he has said is significant but then find that it had no effect whatever on the legislation that is put forward. The test will be the clout he brings to bear within the department and, significantly, with his fellow Ministers, who I am certain will not all be sympathetic.

In speaking to Amendment 271, it is important to recognise that it is not only by our arrangements on international relations and trade that we will be able to ensure the high standards and quality of our agriculture—and that is vital—but we have to look to our own laurels. Not everything is perfect in our own country; think of foot and mouth and factory farming. Both for animal welfare and, more importantly in some ways, for human health, these are experiences about which we must be very vigilant. In taking a tough line in our relationships with the outside world, which I am sure is right, we must redouble our efforts all the time in the standards we achieve in our own agriculture.

Agriculture Bill

Lord Judd Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Tuesday 15th September 2020 Lords Chamber

[Lord Judd (Lab) [V]]

My Lords, I hope that even at this late stage in our proceedings, the Minister and Government will be able to take this group of amendments seriously and give them serious consideration, with a view to making necessary adjustments to what they finally bring forward. In supporting this interesting group, I emphasise my support for Amendments 7, 16 and 48.

On Amendment 7, I simply say this as a former president of Friends of the Lake District and a vice-president of the Campaign for National Parks. I cannot speak for those organisations, but all my experience with them and with my own family and friends is that, in many parts of our national parks and beautiful parts of the country, livestock are an important part of the scenic setting. I and my family—I speak subjectively—always feel a sense of contentment when we see cattle grazing, but one big condition of all that is that I cannot allow my enjoyment to mask my anxiety lest the farming is not of the highest quality. From that standpoint, this amendment is very valuable indeed.

What is put forward in Amendment 16 is just straightforward sense. I hope that my colleagues agree and that the Government can take it on board. We constantly talk about the relationships between landscape and climate change, countryside and climate change and agriculture and climate change, but this enables the Minister to take practical action to provide support in that context.

We also worry very much about what is happening to the condition of our soil; this is dealt with in the amendment. I have just spoken about landscapes. To encourage members of the farming community to see their role as trustees of our national inheritance in this sense is very important indeed.

How can I—living in Cumbria, five miles from Cockermouth—possibly overlook the importance of flood protection measures? What happened at the time of the great floods in Cockermouth was that the valley up where I live was filling up with water. I was stuck in London at the House and was ringing my neighbours, asking, “What’s happening? How’s it going?” A very great friend of mine, a hill farmer, said to me on the phone: “Well, Frank, all I can say is that I have never seen the valley fuller of water, and it’s got to go somewhere.” That is quite a dramatic illustration of what happened. It went somewhere. The bridge broke at the bottom of our section of the valley and the water poured through and down, out of control, towards Cockermouth.

Wildlife and the environment are concerns we frequently speak about, but we must not just sentimentalise. Here we are giving power—authority—to the Minister to take appropriate action, but it must be appropriate action. I hope the Government will feel able to make some adjustments to meet those points.

On Amendment 48, I have become deeply concerned about the neglect of common land. We may sentimentalise about it and some people may find it controversial, but for any of us who have an ongoing and lasting relationship with and deep commitment to the countryside, common land and the encouragement of a community approach to agriculture are tremendously important. Again, what is envisaged here is underlining the authority of the Minister to take necessary supporting action.

This is a thoughtful group of amendments and I hope the Government will take them seriously.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, for those of us who have spent decades advocating for human society to work with instead of against nature, the specific references to agroecology in these amendments represent a great success. These amendments would each expand the principles of agroecology and ensure that ecological outcomes were delivered.

In particular, I have attached my name to Amendment 7 from the noble Baroness, Lady McIntosh of Pickering, which would specifically support pasture-fed livestock systems and the improvement of landscapes and biodiversity linked to pastureland. This is all about a farming and ecosystem format that can help to move us towards some sort of food security.

Food security will be an absolutely huge challenge. Anybody who watched David Attenborough’s programme on Sunday will be aware that he mentioned several times that biodiversity is falling. We need biodiversity drastically. If we do not have it, growing food will become harder and harder. We are at a point in the world where some of it is burning, some is melting and neither of those things is good for the human race.

In addition, the world has not even fully met any of the 20 biodiversity targets set a decade ago by Governments globally. Nature protection efforts have been ineffective. We already have 1 degree of warming and are heading towards 3 degrees of warming. It will be a world that we simply will not recognise.

I am delighted to support Amendment 16 from the noble Earl, Lord Caithness, and Amendment 11 from the noble Earl, Lord Dundee. Amendment 16 would ensure that agroecology was truly nature friendly. Amendment 11 would support farming opportunities for new entrants and young farmers, ensuring a healthy supply of innovative and motivated farmers ready to take on the challenges and opportunities of greening our farming and land management.

I hope that in his response the Minister will set out specific and deliverable plans for each of these issues.

--- Later in debate ---

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I will be very short. I was working from an old version of the Marshalled List when I signed up to speak on this group and I discover that the amendment I wished to speak to has been regrouped somewhere else, so I am not going to say anything. I am sure the House will be deeply grateful.

[Lord Judd (Lab) [V]]

My Lords, I simply want to say that I strongly support Amendment 30, because where the end is wished, the will must be provided. There is altogether too much hollow rhetoric and good intention in this area. We need firm commitments, and that involves the discipline of preparing the budgets that are necessary to deliver them. I congratulate the noble Lords concerned on having emphasised this vital point.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, this has been another lengthy debate on how the financial assistance provided by the Secretary of State is to be properly assessed, including transparency of information to ensure that the public good principles of financial assistance are fulfilled, and on bringing the multiannual financial plan for consideration in Parliament before being brought into effect—quite a simple statement that has a wealth of detail behind it. The financial assistance scheme will have an impact on the farming community. It is, therefore, imperative that this impact should be assessed and that the outcomes and public responses are considered, as the noble Lord, Lord Curry of Kirkharle, said. It is important that there is transparency around payments for public good.

At first, I was not in favour of Amendment 28, as I am anxious that farmers are not subsumed in collecting information and data. However, I understand from my noble friend Lord Allan of Hallam that the majority of this data is already collected by farmers, as he indicated this evening. It is therefore important that this information should be readily available and transparent, as the right reverend Prelate the Bishop of St Albans pressed for.

Again, transparency is at the root of amendments around the multiannual financial plans. Setting expectations around financial assistance is key. The farming community, like every other industry and household, needs to know what it can expect and plan accordingly. Will the Minister indicate how such strategic priorities will be funded if a budget for this annual expenditure is not set?

My noble friend Lord Teverson again returned to his wish to see the plan period brought forward from seven to five years. His amendment found little support in Committee, but I fully support him in his very powerful arguments. The Agriculture Bill is heralded as a new dawn for farming and land management, but it would seem that the Government are taking a very softly-softly approach. In many ways, this is to be welcomed, but it is not good for the environment, which is suffering now. We might previously have said that the environment was suffering badly; now, we say that it is suffering catastrophically. The environment can longer afford for us to take a softly-softly approach. We must act now and move the transition forward from seven to five years: that is part of the process of acting now. As my noble friend Lord Teverson so eloquently and passionately said, we have to do something now. Will the Minister indicate why he believes it is better to take a softly-softly approach and watch the environment deteriorate around us? I do not believe that this was pledged in the Conservative Party manifesto.

The noble Earl, Lord Devon, has amendments on the timings of the multiannual assistance plans, as has the Minister. I am encouraged that the Government have tabled Amendment 35, which says

“in the case of the first plan, as soon as practicable before the beginning of the plan period for the plan.”

Can the Minister say just how soon he imagines “as soon as practicable” might be? If he can give reassurances on this, I think the House would be satisfied.

The level playing fields sought in the two amendments tabled by the noble Lord, Lord Wigley, are essential so that farmers who are currently living close to the edge of financial viability can be reassured that financial assistance will be provided. This is a very important group of amendments and I look forward to the Minister’s response.

--- Later in debate ---

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I add my support for the amendment in the name of my noble friend Lord Grantchester on the provision of advice, training and guidance for those in receipt of financial assistance. The noble Baroness, Lady McIntosh of Pickering, made a good point about there being a kind of free application need as well.

As a nation, we are asking farmers and land managers to make big changes in the way they manage the land —to deliver not only productive and efficient farm businesses but a whole range of public goods as well. Therefore, good advice covering all those issues will be really important.

It was delightful to hear the noble Lord, Lord Whitty, reminisce about the demise of the publicly funded agricultural advisory system. It flourished after the war to get productivity up but got knocked on the head in the 1990s. Now, many farmers get advice solely from their commercial agronomists, which is altogether too narrow a focus. Advice and training will be particularly important for small farms.

I do not think that a publicly funded or publicly promoted advisory system needs to be top down and statist. Many noble Lords have made the point that local conditions are very important, and that is absolutely clear. We have experience in this country of a number of organisations that have set up county branches to give advice and support, and to bring together farmers around common issues on a local basis. I think that we could rapidly reinvent that. Therefore, the role of the Government needs to be to stump up some money and to give a modest amount of assurance on the quality of the advice being given. At the end of the day, farmers will take advice only from people whom they trust and feel comfortable with, so that has to be built into whatever system is introduced. It would also be beneficial to create some small local businesses in the advisory field to help boost the rural economy. There is a real role for government here.

[Lord Judd (Lab) [V]]

My Lords, this is a very sensible amendment. In everything that we have debated in session after session, the scope of responsibility that we now see lying with farmers and their families has been emphasised. The significance of that cannot be underestimated. Therefore, we must ensure that, particularly with all the new requirements that we are properly asking of them, there is proper preparation.

I cannot help smiling when I think back to a time in the 1960s after my and my wife’s graduations—I was at the LSE and she was at Exeter; I am surprised that this is not mentioned more often. Through our marriage, we had a very good friend who was in what was called the agricultural advisory service. Back then, I thought what a sensible, practical service it was, and he was an enthusiastic professional working with it. He brought a lot more to it than just a professional background and skills; he brought a great deal of commitment and imagination, and he formed a real relationship with the farming community. Incidentally, he also told us a good deal about the realities of farming.

I congratulate my noble friend on having introduced the amendment. I am just very sad that, after all these years, we are reinventing the wheel.

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, I too support this amendment and I am grateful to the noble Baroness for tabling it again. Farmers have absolutely no idea what the future holds and what ELMS will contain—and we have none either. We have a blank canvas as far as that is concerned. Even on the last amendment, on training, my noble friend on the Front Bench said, “We are doing schemes—we still do not really know what we are doing, but we are doing tests at the moment to see what the best way forward is”.

Having heard the debates earlier on Clause 1, and having had support across the House for nature-friendly farming, it would seem to me utterly logical to include an amendment such as this, so that any potential farmer who reads this Bill will see that there is an immediate link to the environment. Therefore, I commend the amendment to the House.

I would also point out that this amendment will not cost the taxpayer a penny. In that respect it is one of the great amendments: it merely links two bits of legislation, and in doing so might even save the taxpayer money, because farmers and land managers will have a much clearer idea of what they are supposed to be doing to try to achieve a better and healthier farming environment.

[Lord Judd (Lab) [V]]

My Lords, the value of the amendment is that it calls our bluff. The environment is something of which we are all in favour, like goodness and all the rest. But the question is: how do we turn our commitment in that sphere into action, and into substance? The amendment brings that home. We should not just get on with the task of agriculture and then add, “There’s an environmental concern, isn’t that nice?” We must relate the two, and this is the way to do it, so I am glad to support the amendment.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, during the various debates on this Bill I have made the connection between it and the Environment Bill that is coming down the line. The environment improvement plans and the Government’s 25-year environment plan cannot be divorced from what is happening in the Bill that we are discussing. All speakers have supported the amendment, and have made very similar comments.

The Agriculture Bill provides for multi-annual financial assistance plans, including identification of strategic priorities for assistance, the regard to be had to these strategic priorities when setting the budget, and monitoring the impact of the financial assistance given. There is, however, currently no requirement to take the goals and ambitions of the 25-year environment plan and the Environment Bill into account when setting strategic objectives for financial assistance.

It would be possible for the Secretary of State to set these strategic priorities under the Agriculture Bill, and for that to have no relevance to the key environmental strategy that should be guiding all investment in the natural environment. This appears to be nonsense, and presents a risk to environmental recovery, since the financial assistance schemes created by the Bill, particularly the ELMS, will be one of the main mechanisms for funding and achieving the goals of the 25-year environment plan. The CAP similarly failed to make the structural link to wider objectives, which allowed it to undermine environmental ambitions. But moving away from the CAP presents a unique opportunity to rectify this failure.

The noble Baroness, Lady Jones of Whitchurch, and my noble friend Lady Parminter, along with noble Lord, Lord Krebs, have set out the case extremely clearly. Amendment 31 would give the Government a duty to consider the country’s environmental improvement plans when setting priorities for financial assistance schemes. This would ensure policy coherence. Environmental improvement plans will be created by the Environment Bill, and the first one will be the existing 25-year environment plan. But we do not yet have the Environment Bill.

The Government clearly intend to design the new environmental land management schemes, which are currently only in pilot stage, in such a way as to support delivery of the 25-year environment plan. However, over the years we have seen the failings of the CAP, highlighting the fact that good intentions do not always lead to the desired outcomes. How often that happens in life. I can hear my mother’s voice in my ear as I speak. Creating structural links between policy areas in law is not only important but vital, with the environment in its current state of catastrophic decline.

The Minister is aware of the concern on this issue, not only in this Chamber but in the whole country. I hope that he is in a position to give reassurance and commitments. If not, we will be supporting the noble Baroness, Lady Jones of Whitchurch, and others in the Lobby.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP) [V]]

I support Amendment 38 in the name of the noble Duke, the Duke of Wellington. There is really no doubt that UK performance in the area of organic conversion has been astonishingly poor, and we have not seen a will or determination from the Government to make the progress that we might have hoped for in the past but can now hope for in the future. This amendment is a very modest step in that direction.

We can only look with envy at what is happening across the channel. The EU’s farm to fork strategy aims to see a 50% reduction in the use of pesticides by 2030 and a 50% reduction in the use of antimicrobials for farmed animals and aquaculture, as well as 25% of farmland being used for organic farming—roughly 10 times as much as we have now—by 2030. We are being horribly left behind. We look at countries around the EU and see that Austria is already at 24% and Italy at 15%.

As the noble Baroness, Lady Young of Old Scone, said, one of the things our failure to support this conversion means is that we are seeing more imported food. It is often food of higher value and it is being denied to our farmers—that is, farmers do not have access to that market because they are not growing organic food.

The noble Earl, Lord Caithness, said that other forms of farming can be environmentally friendly and sensitive. I would certainly say that of course you do not have to be organically certified to be environmentally sensitive, but this is the only system of registration, recognition and guidance that we have for agroecology. Organic systems by definition are agroecological. Anything else is just making a claim or suggesting that it is happening. Many of us probably feel we know it when we see it when we walk into a field, but that is not the same as something that immediately pushes in that direction.

I encourage the noble Duke, the Duke of Wellington, to consider pushing this issue forward if we do not hear a satisfactory answer from the Minister. We need to take at least this modest step forward.

I also want briefly to express support for Amendment 42. We know that farmers, like many other small and medium-sized enterprises, can have huge problems with payments from the large companies they supply, such as multinational manufacturers and supermarkets, but they really should not be waiting for payment from the Government; they should be able to rely on that.

[Lord Judd (Lab) [V]]

My Lords, the proposed legislation will inevitably cause a great deal of extra work for not only Whitehall but many farmers on the front line. They have a lot of burden and a lot of challenges; their time is scarce.

In recent years, but particularly in the context of Covid-19, we have seen the consequences of ill planning, of the rushed implementation of new measures and of promises unfulfilled, including the consequent maximum disruption. Rationalisations after the event are no substitute for all the promises at the beginning. For those reasons, there must be time for civil servants and others, and particularly farmers themselves, to prepare properly. In that context, the amendment moved by the noble Baroness, Lady McIntosh of Pickering, has insight and sensitivity and realises the practicalities of what is involved.

When it comes to Amendment 41, in the name of my noble friend, the same arguments that I have just applied are highly relevant. What is important about this amendment is that it sets out in detail the things that must be in place and tested. That means not just uttering words off the back of an envelope or making a press statement from No. 10 Downing Street, but ensuring that these things are tested and proven. At stake is the success of the new arrangements. That will be very important, as we do not want disruption of agriculture and total chaos for farmers. From that standpoint, I believe that Parliament has an overriding duty to make sure that it is convinced about what is proposed and that we are able to vet it and give, or withhold, our approval. This is an important amendment and I am glad to be able to support it.

[Lord Northbrook (Con)]

My Lords, I declare an interest as a landowner, an arable farmer and a recipient of payments from the BPS and its predecessor schemes. I will be brief, as the arguments have been well rehearsed on most of the amendments, which I support.

I support the reasons given by my noble friend Lady McIntosh for seeking to delay the start of the seven-year transition rule, having heard her concerns about farmers not knowing about the first plan, mentioned in Amendment 35, until after the Bill has become law.

I also support Amendment 37, in the name of the noble Lord, Lord Carrington, and his well-judged comments on the countryside stewardship and production grants. This amendment seems entirely sensible, in that it would stop any further reduction beyond 25% until the ELMS was available.

I also back Amendment 39, tabled by my noble friend the Duke of Wellington, the aim of which is to support small hill farmers. I wonder whether he might consider extending it to small lowland livestock farmers.

I am also sympathetic to Amendment 42, tabled by my noble friend Lady Rock. I would just like to say how good the RPA’s performance has been in recent years, and I am sure that that will be extended to the new regime.

Agriculture Bill

Lord Judd Excerpts

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

[Baroness Jones of Whitchurch (Lab)]

My Lords, I shall speak to Amendment 50 in my name. Attentive colleagues will have noticed that our Amendment 50 is very similar to the amendments now being proposed by the Minister. We are very pleased that the Government listened to our arguments on this issue in Committee. At that time we argued that, particularly in the light of the Covid experience, regular reporting on food security was essential. We know that when we leave the EU transition period there will be an even greater need for a focus on the reliability of the food supply chain and our capacity to guarantee that the nation will be fed, so regular reporting to Parliament is essential. It is good to see the Government taking this issue seriously.

I know there are other noble Lords who believe that the report should be published more frequently. We think this is a fine judgment, but on further reflection we continue to believe that a first report to Parliament within 12 months followed by every three years thereafter is the right balance. It would make the three-year report a substantial intervention rather than an annual routine occurrence, it would enable us to have a significant debate on the consequences of any shortfall, and it would ensure that the report stood out from the voluminous annual reporting cycle that Governments are required to issue without any real analysis. So we support the Government’s amendments, and I hope they show the true intent of the Government to make the food security reports a major contribution to future policy direction in this sector.

I also welcome the amendment from the noble Baroness, Lady Boycott, who rightly raises the issue of “household food insecurity”. It is clearly important that any analysis of food security should look at the national picture but also at issues of distribution, equal access and food poverty of the individual. This is an issue that we hope to address in our national food strategy amendment, which we will come to later.

The amendment by the noble Earl, Lord Dundee, rightly flags up that measures on food security are meaningless unless there are also reliable sources of livestock feed available either domestically or through being imported. The amendment in the name of the right reverend Prelate the Bishop of St Albans makes an important case for any food security report not just to be aesthetic analysis but to be a document with objectives and targets for the future.

All these amendments are making an important contribution to the shape and substance of any future food security reports, and I hope the Minister is able to take them on board in his response. In the meantime, we thank the Minister for his helpful amendments. We hope this is a sign of the seriousness that the Government will assign to these reports and any action that will need to follow.

[Lord Judd (Lab) [V]]

My Lords, as we have heard from my noble friend Lady Jones, there is a great deal of agreement between the Opposition and the Government on the importance of the Government’s amendments. The only point that I would make in strong support of what my noble friend has said is that food security is such a vital issue and that things can, through unforeseen circumstances, change so rapidly that, if we are to make what we are attempting to achieve through these amendments effective, shorter time spans are not only necessary but absolutely essential. I hope that the Minister will be able to agree.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I shall speak to Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, and to Amendment 53, in the name of the noble Baroness, Lady Boycott, both of which I have attached my name to.

I start with Amendment 53, which concerns adding household food insecurity to the matters on which the Government must report. As the noble Baroness, Lady Wilcox, noted earlier, adding to our remarks last week, although we can treasure the contribution of people who donate to food banks and the volunteers who work in them, food banks themselves are a national disgrace. No one should have to rely on charity to feed themselves. The government reports on food security and insecurity should also include not just what food is available but whether everyone has access to a full, healthy diet, and whether it is available to them financially, physically—I am thinking of things such as food deserts—and practically. On that latter point, do they have the cooking facilities and the energy they need to prepare the food?

On Amendments 50 and 52, I agree with an earlier comment that the question of whether the Government should report every three or five years is finely balanced. I welcome the fact that the Government agree that reporting every five years is not nearly often enough. I think that there is an argument to be made either way, although I can probably live with a three-year reporting cycle, and I hope it is something that we can get a real national focus on. Food security is one of the central roles of government—surely making sure that people do not starve has to be right up there.

I did a little survey of the news this morning, looking at what is happening around the world. I discovered that the Chinese corn crop is expected to fall by 10 million tonnes—nearly 4%—from the latest government estimates after heavy wind and rain toppled crops in major production areas in the north-east corn belt. That follows the events in America in August, when, across Iowa, 14 million acres of insured crops were damaged by what is known as the derecho—that is, conditions very similar to those experienced in China. I do not need to rehearse for your Lordships’ House just how difficult a year this has been for our farmers. The idea that we can simply rely on buying food on the global market is a very dangerous approach for all kinds of reasons, but food security has to be top of the list.

Just this morning I was at a Westminster Food & Nutrition Forum policy conference on the future of agricultural land use. There was a very interesting contribution from Adrian Aebi of the Federal Office for Agriculture at the Swiss embassy in the United Kingdom. I was interested to learn that Article 104 of the Swiss constitution provides that the agricultural sector shall sustainably make

“an essential contribution towards … the reliable provision”

of food and

“the conservation of natural resources and the upkeep of the countryside”.

Mr Aebi also informed us that the Swiss Government have clear targets for local food supplies and for improving diets, and they have expressed their intention of pushing towards a more plant-based diet for both environmental and human health reasons. I do not have the information to judge exactly where Switzerland might sit on a global league table of food policy but the UK clearly needs to do better. The Government keep saying that they want to be world leading in these areas, so we need to see clear targets from them on such things, particularly in relation to England.

It is interesting that reference to this issue is made in the Swiss constitution. Of course, we have our unwritten, accidentally accreted over many centuries, constitution that lacks such provisions. That is perhaps something to think about for the future.

I welcome the progress that we have made in this area. We have moved forward but we need to keep focusing on food security as a crucial part of government policy. Seeing all the work that is happening in your Lordships’ House on this issue, I am confident that certainly we will keep working on it.

--- Later in debate ---

I do not think that phrase adequately identifies both desirable and undesirable foods, or the problems; “ultra-processed food” is perhaps a better identifier. However, that is a minor quibble with an excellent amendment setting out a framework which says to the Government, “This is a key role of your job as a Government and we need to see a food strategy for England as soon as possible.” I think that we have all been impressed by the work of Mr Dimbleby on the interim food strategy—that is lovely and could obviously feed a big part of producing the strategy envisaged in the amendment—but it is just one more privatisation. Relying on a private individual appointed by the Government with no legislative framework simply is not good enough for this crucial area. I urge all Members of your Lordships’ House to back this amendment.

[Lord Judd (Lab) [V]]

My Lords, my heart always cheers when I see an amendment to any legislation by the noble Lord, Lord Krebs. He brings experience, wisdom, knowledge and insight in a disciplined way to our proceedings, and I thank him warmly for this amendment. I am also glad to see my noble friend Lady Jones in full support.

We can in this House sometimes sound a bit like a Greek chorus, wringing our hands about what is wrong, social evils and the things that are failing to deliver the kind of society we all claim to want to see. The great thing about this amendment is that it takes the opportunity of this Bill to bring in a comprehensive and disciplined way some muscle to what we are going to do—demanding plans for action in specific areas by specific dates.

I have just looked through the list in the noble Lord’s amendment and think of all the hours that we have spent in this House discussing these things:

“increase sustainability of food production … improve dietary health and reduce obesity”—

how we lament obesity, but here is a firm suggestion as to what we should do about it. The list continues:

“incorporating the environmental sustainability of food into the Eatwell Guide … ensuring that domestically produced food meets environmental sustainability standards … ensuring that food waste is minimised”—

the noble Lord, Lord Greaves, spoke powerfully on this point; I too become appalled and disgusted when I see the mountains of food that go to waste. The amendment further calls for:

“ensuring that public procurement meets both health and sustainability standards … providing increased funding for research and development into sustainable agriculture … supporting local and regional food identities … supporting procurement of food produced in the United Kingdom where appropriate and sustainable … developing an assurance scheme for food produced in the United Kingdom to enhance consumer confidence in the safety, quality and sustainability of such food … ensuring the reformulation of less healthy foods using fiscal and other appropriate means … restricting the marketing, promotion, and advertising of less healthy food both in retail outlets and through the media … reducing food insecurity, food poverty, and obesity in the lowest income groups”—

how we profess our concern about this grave social issue, but in the midst of our society we have these areas in which food insecurity, food poverty and obesity are so prominent.

I could go on, but I quote at length from the amendment because the points in it need to be spelled out for all to hear. I am very glad that the amendment has been moved. It is a helpful way of bringing the production of food and the whole system of agriculture into a direct relationship within a comprehensive strategy for dealing with many of the social and immediate problems which confront us. It is a terrific amendment and I shall be glad to support it.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Lord, Lord Krebs, on moving this amendment, which on the face of it has much to commend it and covers a wide-ranging issue. In his introduction, he stated that he wanted to put in the Bill what the Government are committed to doing to deliver safe, healthy and affordable food to all. I cannot imagine that any Member of your Lordships’ House would disagree with that.

We are very fortunate to benefit from the expertise and knowledge of the noble Lord, Lord Krebs, the noble Baroness, Lady Jones of Whitchurch, the noble Baroness, Lady Boycott, who is, of course, a member of the advisory panel on the national food strategy, and indeed the noble Baroness, Lady Bakewell of Hardington Mandeville, all of whom have signed this amendment.

The noble Lord also went on to say that the Government are committed to publishing a White Paper six months after the publication of part 2 of what I call the Dimbleby report on the national food strategy. After that, Mr Dimbleby is invited to review progress six months later. My concern with the amendment, and I look forward to what the Minister will say in summing up the debate, is that it pre-empts part 2 of the national food strategy. It is not always that I say this, but again I commend the Minister in this regard, because the Government seem to be on the side of the angels and have commissioned Henry Dimbleby to produce his report. I pay tribute to Mr Dimbleby and all those who have contributed, such as the noble Baroness, Lady Boycott, Minette Batters and a host of others who have huge expertise and add great value in this field.

I understand, looking at the first part of the national food strategy, that the recommendation covers two main themes: making sure that a generation of our most disadvantaged children do not get left behind, that eating well in childhood is seen as the very foundation stone of equality and opportunity, and so it goes on; and then the second part of part 1, which I am going to draw on heavily when I come to later amendments. Mr Dimbleby talks of the essence of sovereignty being freedom, saying that this is a one-time opportunity to negotiate our new trade deals, that the Government must protect the high environmental and animal welfare standards of which our country is justifiably proud, and so it goes on.

So I am slightly confused, because I do not disagree with one iota of what is in this amendment. But there are many issues that I have found cause to criticise the Government on, and my noble friend has been patient in the extreme in listening to this, both outside and inside the Chamber, and I thank him for that. But when the Government have gone to the lengths of commissioning a national food strategy, are we not being a little pre-emptive in Amendment 58 before the House this evening?

--- Later in debate ---

[Lord Rooker (Lab) [V]]

My Lords, this is an absolutely first-class proposed new clause. It is completely rounded in many ways.

I want to deal with the first part of the amendment, which relates to seasonal workers. Again, I plead guilty because I have some history here. I realise that it means seasonal workers, and not overseas workers, some of whom are permanent—indeed, in many of our meat plants and abattoirs, their occupations are permanent. Returning to seasonal workers, we have a problem. I plead guilty to the fact that when I was the Home Office immigration and nationality Minister in 2001-02, it crossed my desk that we had to abandon the seasonal workers scheme because we were getting ready for the accession of eight new EU members in 2004, where we would recruit openly, and it was always known that Romania and Bulgaria would be ready-made sources of agricultural workers.

The one thing about the previous scheme that was almost unique was that it was based, in a way, on higher education around the world. We had, I think, workers from over 100 countries who came to the UK on a seasonal basis. I was told at the Home Office, “The thing is, they all went back home.” That was the whole point. It was very much based on higher education—they had courses to go back to, but Britain probably benefited economically for much of their time here.

Now, we are leaving the EU and we have not done anything. It is no good the Home Office simply saying that we have to recruit British people. That has not worked this year, notwithstanding the problem with the virus, and it will not work next year either. Therefore, it is not about turning the clock back, but we need a professional, strategic seasonal workers scheme. In many ways, we are unique in the things that we grow, in our climate and in the difficulty of recruiting our own people on a seasonal basis. It used to be easy to do in my younger days, as I know—as an engineering apprentice, I picked fruit in Scotland.

The fact of the matter is that we had a scheme that worked. As I say, the only reason we abandoned it was in getting ready for the accession of eight new countries to the EU—but we are leaving the EU, are we not? The point is that it was not that seasonal with the eight new countries.

It is not easy, I know, having been at the Home Office in the years I mentioned. When I turned up at Defra in 2006-08, I was on the receiving end, and thought, “Oh dear me, I made a mistake there.” Even though we were recruiting lots, we were still in trouble with the flexibility on our farms. We have now reached a point where we ought to have such a scheme. The Home Office should not be concerned or worried about it. All the evidence shows that it was based on higher education. The students were flexible; they were in different academic years and came from around the world, so they fitted in quite well. As I say, they came from more than 100 countries—and they went back home. The Home Office seems to be obsessed with people coming to this country and staying here. That is not what the scheme was for.

Having made that point earlier, I do not wish to say anything else except that I agree very much with what my noble friend said about the work of the noble Lord, Lord Curry. I absolutely 100% support the thrust of this rounded amendment.

[Lord Judd (Lab) [V]]

My Lords, I strongly support this amendment, as indeed I did in Committee. I thank my noble friend for being so resolute in standing by it. I express my appreciation for the way in which she so warmly welcomed my small but important amendment in Committee; it is now incorporated in the proposals before us.

The position on housing can be dire for those who wish to work on the land. It is simply impossible to find housing that is affordable. The absence of other public services and support services is a great hazard too because, let us face it, so much of the countryside has been turned into a middle-class urban extension.

Affordable housing is crucial, but the main point that I want to make in support of the amendment as a whole is that we can debate how we want the land organised, arrangements for ownership and so on, but in the end it is the motivation, quality, training and preparation of the workforce who are going to work the land that is crucial. This amendment is the result of an utterly sensible understanding that if we want to have successful agriculture, we need an enlightened, positive approach to the preparation of people, particularly young people, wanting to enter the profession in order that they may be as well equipped as possible to work it effectively.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this is indeed an excellent amendment. I congratulate the noble Baroness, Lady Jones of Whitchurch, and the other noble Lords who signed it. It would make a fantastic improvement to the Bill and to the future of our farming industry because it takes such a wide-ranging and holistic look at the agriculture and land management workforce, including training, mental health, financial health and, of course, affordable housing. Affordable housing is hard enough to find anywhere in Britain, but on the land it is even harder.

Noble Lords know that the Bill represents quite a sea change in our approach to land management and is an opportunity to craft a much greener future. We need to train and develop what one could call a new land army to seize this opportunity. The future needs new skills, new knowledge and a new passion for our natural world. Without a workforce plan we will fail to deliver the intended changes, so I think the Government should embrace this opportunity and accept the amendment.

At the very least, the Minister should undertake to conduct a broad and far-reaching workforce review and planning process. I know that we keep asking for plans for definitive actions but they really are necessary and they are so lacking in the Bill. In particular, what conversations has the Minister had with colleagues in the Home Office about the post-Brexit migration system and the availability of highly motivated people from all over the world who would like to come to Britain to contribute to what I hope is going to be our greener farming system?

--- Later in debate ---

[The Duke of Montrose (Con) [V]]

My Lords, I am very glad to be able to talk on this subject, and I declare my interest as a livestock rearer in Scotland.

This group is much focused on animals involved in exports, and I was thinking that many other speakers in the House today would want to comment on this. My remarks today are directed at Amendment 73—in the name of my noble friend Lady Fookes—in this group, which is, in the first instance, to do with the transport of animals within the UK. However, some comments inevitably will have a bit of a read-over to exports.

My noble friend Lady Fookes has a reputation as one of the foremost advocates of animal welfare in the UK, and this amendment brings forward a lot of proposals that would make life easier for animals and—if they had a chance of a practical outcome—might even make life easier for farmers. However, I will point out what seem to me like some practical difficulties. At the same time, it is proposing a very different world to the one that most of us see around us, and it would require a great deal of government intervention to bring it about. My noble friend Lady Hodgson is pressing the Government to do something in regard to the verbal intention they have given, but I feel it is a fairly big ask at this point.

My noble friend’s concept of requiring producers to take their animals to the nearest abattoir within 10 kilometres, unless prevented by a list of circumstances, has got problems, not least that in the last 10 years we have lost over 200 small abattoirs across this country. There has been some reduction in certain kinds of stock, but a major trigger was the regulations that were brought in from Brussels about the equipment and standards in abattoirs, and we are committed to maintaining those standards.

The end product of any of these units is a very perishable commodity, and I have no doubt that everyone is aware of that. The prices vary widely every year, both by season and availability in world markets. To limit farmers to only one buyer in a small abattoir is a recipe for commercial rip-offs. As a farmer in a mountainous area of Scotland that relies on sheep production, I say that we are only economically able to produce lambs in a limited season, and the net effect is that, at certain times of year, there is a huge flood of lambs looking for buyers, while at other times there is practically nothing that would keep the processing chain viable.

However, if my noble friend can achieve a solution to these drawbacks, there is another difficulty that is contained in her proposal. Due to a lack of small local abattoirs, farmers take their stock to livestock auction markets or collection centres, where the numbers can be combined to make the cost of haulage economic to an abattoir that has capacity for those numbers.

There is a difficulty in that all these markets and sites are regarded as agricultural holdings, and most of the stock will have come from more than 10 kilometres away, while all of it would be required to be held at these units for 24 days before undertaking a journey of up to 10 hours. This happens to be almost exactly the driving time from the two main markets of Aberdeen and Stirling to what is currently one of the main recipients of their throughput. It strikes me that the amendment as currently worded applies particularly to journeys starting in England; perhaps it is more than a coincidence that it has not described journeys starting in Scotland.

Unless there is a ready way of overcoming these major drawbacks, would we not make better use of this time to apply our minds to what would make livestock transport more bearable for the animals themselves? I would like to draw your Lordships’ attention to one of the most distant parts of the United Kingdom. On the Islands of Orkney, animals have to be driven to a ferry, but they have developed pods for the animals on the ferry, such that the journey to Aberdeen is regarded as an animal’s rest period before starting an ongoing journey. This does not read over immediately to other forms of transport, but it shows that, with a little thought, there could be other solutions. But I am afraid that, with its present wording, I would not be able to back Amendment 73.

[Lord Judd (Lab) [V]]

My Lords, for a number of years in the 1960s and 1970s, I had the honour of representing one of the Portsmouth constituencies in Parliament. With a home in Portsmouth at that time, I was close to all that was happening. An abiding memory, which I cannot drive from my mind, is of the sheer dismay one felt at the noise of the frightened, uncomfortable, anxious cattle and sheep on the quayside, waiting to be transported to the mainland of Europe or elsewhere. It was a horrible sound, and it became all the more poignant because it was right beside thousands of decent British people setting off on their journeys by car, in comfortable boats with good catering facilities, for their holiday abroad.

Since then, having moved to the north of England 25 years ago and become very much part of our rural community—I live in quite a remote valley—it frequently strikes me that the contrasts are appalling. There is the beauty and scenic value of these wonderful cattle grazing in the fields. We know they are sentient beings. What fate is about to overtake them? It seems crucially important that, as civilised beings, we set the highest standards in these areas, and I am very glad to see that a number of your Lordships feel as strongly as I do, if not more so, and have taken the steps to give us the opportunity to support amendments to persuade the Government to give greater expression to our civilised values in the way we treat our fellow sentient animals, be they sheep, cattle or whatever. It will be a blot on our conscience—on our whole being—if we stand by while these appalling journeys are undertaken.

It is not just the conditions in Portsmouth, or God knows what conditions there are on the ship, or in what transport and for how far on arrival in a foreign country the animals will travel. It is the way in which in Britain we move our cattle about. They are sentient beings that have been grazing, enjoying and enhancing the countryside, but are then herded, full of anxiety and bewilderment, into vehicles that are driven impersonally. There is a lot that we can do to improve the animal kingdom for which we are responsible.

--- Later in debate ---

[Baroness Fookes (Con)]

My Lords, I warmly support this amendment and indeed have added my name to it. I must say that I am blessed if I can understand why this causes so many problems to the Government. I can understand how the regulations about how many hours an animal should travel raise all sorts of issues, but this is a general statement and I do not see why it cannot be introduced pretty quickly. I particularly like the part of this amendment proposing that an annual report must come forward from the Secretary of State to explain

“how the duty in subsection (1) has been discharged.”

I hope that is not offputting for the Government. It seems fairly reasonable to me and I hope that it can be introduced very rapidly.

[Lord Judd (Lab)]

My Lords, again I congratulate the noble Baroness, Lady Hodgson, and thank her for having introduced this amendment. The amendment speaks for itself and she spoke to it well. In light of what happened on the previous amendment, I am sure we will get reassuring words from the Minister asking us to take them to heart and not press the amendment. It would be more convincing if a declaration of that kind, which I know he makes in good faith, were backed up with some specific indication in terms of timing—what will this mean and how speedily do the Government intend to act.

[Lord Inglewood (Non-Afl)]

My Lords, as a number of noble Lords may know, I am a livestock farmer, and if you are a livestock farmer you have to try to ensure that the animals in your care have the highest levels of welfare. It seems to me that that is axiomatic, and I believe that, as a general proposition, it is incumbent on all us to treat animals of all kinds properly, whether farmed animals, domestic pets or whatever other category they may fall into. My concerns about the previous three amendments are that, quite honestly, they are very blunt instruments and I could not support them in the form they were drafted, for the kinds of reasons that were made clear by the noble Duke, the Duke of Montrose, and the Minister.

I remember many years ago there was discussion, when I was a Member of the European Parliament, about whether it was appropriate to introduce the concept of sentience into the legislative codes of the Union in order to underpin and safeguard the position of animals. At that time, I am prepared to admit that I was unsure about that, but since then, I am beginning to think that I was wrong. I do not believe that animals have rights as such, certainly not in the sense that we have human rights, but I do think, as I have explained on previous occasions, that humans have responsibilities—indeed, they should be legal obligations —towards animals and that these should be enforced. Therefore, I have come to the conclusion that something along the lines that we are discussing tonight, and was debated inter alia in the general election campaign, is appropriate, because it means that we can deal with these issues in a much more targeted and specific manner. I think that this would be much more beneficial, both for the society as a whole and for animals, than just simple, very broad, blanket statements, which is the approach that some people have adopted.

Agriculture Bill

Lord Judd Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness Quin (Lab) [V]]

My Lords, at this late stage and given all the powerful speeches we have heard, I shall be very brief in my remarks, which are aimed at supporting Amendments 89ZA and 93. I also express my support for the remarks made by my noble friend Lord Grantchester in his opening contribution.

There have been many excellent speeches, but I was particularly struck by my noble friend Lady Henig’s telling analysis of the problems that we are in danger of creating in the UK’s internal market and the consequent political tensions between different parts of the UK if we do not stand firm on our commitment to high food and environmental standards. This danger of disunity has already begun with the Prime Minister’s dramatic U-turn, which resulted in a trade border being established in the Irish Sea.

In addition to listening to us—I know the Minister is doing so but I hope the Government will too—I hope that the Government will respond favourably to the impressive and wide-ranging coalition of farmers, environmentalists, consumer groups and those who have signed petitions, emailed and written to us as parliamentarians on this issue.

Amendments 89ZA and 93 are an effective improvement to the amendment which, sadly, failed in the House of Commons. They are not identical to the earlier amendment and I hope that, as a result, the Government will accept them and translate their stated commitments into proper guarantees in the Bill.

[Lord Judd (Lab) [V]]

My Lords, the noble Baroness, Lady McIntosh, said that we need this provision in the Bill. She is absolutely right. The reason why the amendment proposed by my noble friend Lord Grantchester and others is so important is that we have put considerable effort and commitment into build up the standards of food, animal welfare and husbandry and, as we were debating earlier, pesticides. It would be quite wrong, inadvertently or deliberately—and we cannot discount deliberately, given the way things are—to allow the commitment with which we have made all these improvements to be rapidly undermined. We need these amendments very seriously.

As a former Defence Minister—albeit long ago—I often remarked that we like to use the phrase, “The primary responsibility of government and Parliament is the safety of the British people”. Here, we are talking about a very real dimension of the safety of the British people, not to mention animal welfare; it is as strong and important as that. I therefore hope that there will be widespread support in the House for these vital amendments.

We get lots of interesting and well researched briefs from all sorts of people who are concerned about the Bill. The strength of feeling about our responsibility at this juncture to put our commitment firmly in place and reinforce it has never been more convincing. I am very glad, therefore, to be able to support the amendments.

[Lord Chidgey (LD) [V]]

My Lords, it is always a great pleasure to follow the noble Lord, Lord Judd. I speak in support of these amendments, in particular, the requirement to meet environmental and other standards which are at least equivalent to, or exceed, those which apply to UK-produced agricultural goods.

Noble Lords may recall that I spoke in Committee in support of protecting and enhancing our countryside and of concerns about the pollution being suffered in the catchments of chalk streams such as the Rivers Alre, Itchen and Test, all in Hampshire. In particular, I referenced the activities of the agricultural processing and distribution group Bakkavor in its industrial plant close by the River Alre in Alresford. The abstraction and discharge of water from the Alre has been linked to the rise in pollutants exceeding the levels permitted by the Environment Agency.

I can now advise your Lordships that Bakkavor has since announced its decision to close Alresford Salads in October. The resultant job losses at a difficult time are, of course, a worry, but clearly, Bakkavor and similar businesses can operate their food processing plants from proper industrial sites anywhere, near or far. They do not have to pick sites that threaten the ecology and environment of unique chalk streams with their pollutants, or damage the infrastructure of historic towns with their 40-tonne lorries trundling through medieval streets. As the chairman of the Alresford Society has pointed out in a letter to the Hampshire Chronicle of 3 September:

“The focus now needs to be on what might happen to the Alresford site in the future. The market for ready to eat food, including washed and bagged salad, is large and growing”.


Could the current large water extraction licence held by Bakkavor be transferred to another operator? Could the discharge consent licence be renegotiated in the face of damning scientific evidence? If diversion into a mains sewage system was considered feasible and affordable, the town would still continue to suffer the daily stream of 40-tonne lorries through streets that were built to cater for stagecoaches.

I believe there is an opportunity within this Bill to avoid this. Alresford is just one example. It is on the boundary of the South Downs National Park. The local plan states:

“It will only permit development …. which has an operational need for a countryside location … or proposals for the re-use of existing rural buildings, which should not cause harm to the character and landscape of the area, or neighbouring uses, or create inappropriate noise, or light, or traffic generation.”


Nevertheless, the Minister will be aware that in 2018, the Government announced changes to the town and country planning order 2015, allowing adaptation of agricultural buildings, which could undermine restrictions set out in local plans. Could the Minister assure me that, in such sensitive rural areas, local planning restrictions will remain paramount?

This Bill can provide the means to protect towns like Alresford and surrounding villages, within the chalk stream catchment, from environmental vandalism for generations to come, if only by employing and reinforcing the regulations that are now in place. Unchecked industrial development should never take precedence over the preservation of our rural environment, particularly the unique chalk stream catchments of rural Hampshire. To that effect, I am very pleased to place on record that, following its inaugural meeting, I have become a vice-chair of the All-Party Parliamentary Group for Chalk Streams. Its intent, inter alia, is to monitor and hold to account, those agencies whose actions could damage chalk stream ecology and environment.

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I welcome Amendment 100 and echo many of the sentiments in it, but pay regard to the role that farmers, landowners and the landscape have in reducing the challenge faced by climate change and helping to restore biodiversity, much of which has been discussed through the passage of the Bill.

There is a potential role for farmers in ELM schemes going forward. There is a lot more that the natural landscape can do, not least in areas such as national parks. I know that the North York Moors National Park is keen to play its role and is waiting to hear from the Government about how it can do that under the ELM scheme; in particular, what advice it can offer to farmers and rural businesses that can help. There will be opportunities to plant trees and to help carbon sequestration. Pasture-fed and grass-fed livestock will also help.

There are other opportunities in the Bill, which I hope my noble friend will explore in summing up this group of amendments. There are possibilities to adapt to and mitigate climate change. I always get excited about Slowing the Flow at Pickering and the possibility of rolling out other such schemes, working with nature to store water temporarily on the land. We must not lose sight of the fact that many farmers are small or tenant farmers. They do not own the land, so will not benefit from any of these schemes. I hope that my noble friend and the Government bear that in the back of their mind. The Bill already reflects a commitment that helps farmers to manage livestock in a way that mitigates and adapts to climate change. I welcome the opportunity provided by Amendment 100 to discuss those issues.

[Lord Judd (Lab) [V]]

My Lords, it really is quite obvious that this amendment is vital, and I congratulate my noble friend on having introduced it.

We talk a good deal about the impact of climate change on farming and all the difficulties and challenges that it presents, but we do not talk enough about the negative impact of farming on the climate and the acceleration of climate change that results from such negative realities. We also know that that need not be so and that a great deal can be done in farming at least to ameliorate the negative contribution but also to find ways of not contributing at all to the negative impact. From that standpoint, I believe it is essential that we have in place real and effective arrangements to measure and monitor changes in agricultural performance, habits and styles to meet the challenge that we are talking about.