Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

Amendment 116 covers the transparency of information. Transparency is in the public interest. However, we must be mindful that, in many cases, farmers running farm businesses from their farms also live at those farms, with their families and children. Family farms are the backbone of British farming. There are times when it would be appropriate to limit the publishing of private information. For example, in the past, campaigns have been run targeting dairy farms and poultry farms. Public disclosure of information should be handled sensitively and be limited in nature to ensure that the private interests of farmers and their families are not jeopardised.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this is my first opportunity to speak on this Bill, as unfortunately I did not make the cut at Second Reading. I would like to say briefly that, having been involved in the backroom in a previous iteration of this Bill, as adviser on the environment to Theresa May, I know the immense hard work that has gone into it by many civil servants, the Bill team and Ministers. This is a pretty difficult circle to square, because there are so many interests—as we have heard today. I would also like to pay tribute to Michael Gove, who had the inspiration to bring forward the innovative and ground-breaking idea of money for public goods.

In that capacity, I was fortunate enough to make a series of visits to farms. I have no direct farming interests, although if you were to go back three or four generations, I think you would find that my family worked on the land. I echo the words of the noble Earl, Lord Caithness: farmers are custodians of the land. They want to look after the land, and they want to know what they have to do. By and large, they care for their land in a way that perhaps those of us who only visit it cannot really understand. I also echo the words of the noble Lord, Lord Carrington. Having been in a family business myself, as the fourth generation, I understand exactly the problems and concerns of family businesses. As the noble Lord said, these are not just businesses; the family lives on the land. Those are important issues.

I understand the general drift of the amendments in this group, particularly those tabled by the noble Lord, Lord Addington. There is a great danger of narrowing the recipients. Farmers and farming businesses are, of course, going to be the primary beneficiaries of the management of public goods. However, the aim of the Bill is to make it a little wider, mainly because the environmental land management scheme will also be the principal mechanism for delivering many of the ambitions of the 25-year environment plan. We should not, therefore, limit the scope to agricultural land only. I have a great deal of sympathy with Amendment 103, which talks about other things that should be included. For example, I do not think that blanket bogs would be classed as agricultural land, yet they will play a vital role in future climate change mitigation.

I also associate myself with the words of the noble Earl, Lord Devon, about social prescribing and the merits of getting out into the environment and nature. It does not always have to be in the countryside. Agriculture and farming are not exclusive to rural areas. In my former constituency of Uxbridge—from where I am speaking now—there are several farms, and most people would not realise that. They are not something that you get only in the rolling landscapes of England.

[Baroness Butler-Sloss [V]]

My Lords, I was delighted by what the Minister had to say about native breeds. None the less, there are a number of amendments in this group which I would like to identify as potentially limiting the financial assistance for native breeds such as Dartmoor, Exmoor or New Forest ponies. They are Amendments 10, 15, 30, 64, 85 and 103. There is a particular concern about Amendment 64, which appears to suggest financial assistance only for agriculture, leaving out the native breeds. Amendment 103, after Clause 1, would limit the benefit of financial assistance in such a way as is likely to be a disincentive for landowners to use native ponies for conservation in other regions. Dartmoor ponies are currently used as conservation grazers right across the country.

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[Lord Randall of Uxbridge [V]]

My Lords, I have added my name to Amendments 6 and 18 and I am very happy to support the noble Lord, Lord Addington, on those. I am very keen on getting more public access, but it is not just about creating new footpaths and so forth; it is about improving what we have as well, as he said. If footpaths are very muddy, that will put people off. I have examples locally where we used to have a bridleway. That got very muddy, the hooves churned it up and it is now very good for horses, very good for cyclists and very good for walkers, so this can be done and is, I think, very important. I have taken a great interest in getting more access to the countryside. It is not just about wheelchair users, although that is very important.

I got a great deal of assistance from an organisation called Birding for All and a gentleman called Bo Beolens, whose blog goes under the title “Grumpy Old Birder”—I was rather sorry that he got there first. He pointed out to me the problems you can have. For example, he can be given a key so that he can drive his car to a car park—somewhere walkers cannot go but he can get to a hide or something—but he has to get out of his car, assemble his wheelchair, go to the gate, unlock it, get back to the car, take his wheelchair down, go to the other side of the gate, get out again and repeat the process. It takes a long time and a lot of effort, so there have to be some innovative ideas. However, as I said, it is not just that. Something he pointed out that I think might have some resonance for many Members of your Lordships’ House is that, as you get older, sometimes you want to sit down on your walk, calling for provision of some resting place. It does not have to be a fancy seat; it could be an old log appropriately placed, or something like that. So, there are lots of things that can be done.

The other thing that has not been mentioned is getting access for those people who are very nervous of going out into the countryside, or even into nature. It does not have to be into the countryside; as I said earlier, we have lots of suburban areas. They are normally referred to as BAME, but there is another expression, which is the “visible minority ethnic” population, who feel very nervous about going out into areas where they do not see many other people who look like them. If we want to encourage more people to get into and understand the countryside, including farming, this is something we have to look at.

The Minister echoed the word “balance”, which was used previously, and balance is all-important here. The noble Lord, Lord Addington, mentioned the fact that there are competing desires. As somebody who goes out to enjoy nature, I am not always entirely chuffed to find myself in an area where there are lots of cyclists hurtling around when I am trying to spot a butterfly or something else, so there has to be balance.

I also well understand that landowners and farmers are nervous because, as we have seen in recent weeks and months, where people have been going out there seems to be an increase in irresponsible littering and fly-tipping, although that is a slightly different thing. I can understand why they do not want to have open access too much. We must also not forget irresponsible dog owners. Although it is probably a minority, you need only one person or a couple people to leave things around to put people off allowing access. Even on those areas that have public access, about a month ago a very important heathland in Surrey was set on fire. almost certainly by people using portable barbecues. I think that has also happened elsewhere. I can understand why, if I were a farmer, I would want there to be a balance in letting people in. We have to persuade and educate people on how to treat wild open spaces with respect.

That said, this is an important area that we should look at. For those people getting payment for public goods, public goods could well be encouraging people to use the countryside.

[Lord Greaves]

My Lords, yes, there have been fires on Pennine moors during the hot weather and lockdown, almost certainly caused by barbecues. I am one of the people pressing the Government to ban the use of mobile barbecues on open spaces. The sooner it happens the better.

I have been musing on the fact that I cut my teeth in the House of Lords on the Countryside and Rights of Way Bill almost exactly 20 years ago. At least three of us here in this debate are survivors of the all-night sitting we had in Committee—one of 11 Committee sessions. The Opposition at that time, the Conservatives, wanted 23 if I remember rightly. It was negotiated down to 11. If Members here think that they are hard done by, you ain’t seen nothing yet.

At that time there was also a pretty strong anti-access lobby in the House of Lords that was vociferous and quite angry. It is interesting that that has almost entirely disappeared and even those who raise questions are now reasonable and polite about it, which was not always the case at that time. That is a result of the success of the legislation that the then Labour Government brought in 20 years ago, which I was very proud to have been associated with in a very minor way.

I got together a speech to make today about how important access and recreation in the countryside are, but it is not necessary any more because it is generally accepted that that is the case. The value of recreation in the countryside for mental as well as physical health is generally accepted and that argument has been won.

As my noble friend Lady Scott said, we are talking about trying to make sure that things do not get worse and that they get better. Better small-scale facilities such as signposts and stiles that you can get over without demolishing dry stone walls in the process—I have done that twice in my life, simply because the facilities had deteriorated and it was a little-used footpath—help proper use and help land managers and farmers to cope with people walking across their land. It is win-win.

I am particularly supportive of Amendment 59, which is about enhancing access infrastructure. I am very fortunate to live in Pendle, on the edge of the town, with access to wonderful Pennine countryside, up on the Yorkshire border with Lancashire. Over the years, a huge amount of work had been done there on providing this kind of access. It is now beginning to fall apart a little, partly because the county council does not have the funding for it and partly because the schemes under which the work was done are not there anymore. It is very important indeed that the replacement and maintenance of facilities is part of what we are talking about.

I want to say something about the work that is going on in the Mendips by the Trails Trust, which the Minister will know about, as part of one of the trials looking at the provision of better and improved access. Will the Minister comment on that and tell us whether that kind of thing is going on in other areas? The trust is finding a lot of new bridleways, and those will be highly valuable. Indeed, I signed my name to the amendment from the noble Baroness, Lady Hodgson, about better bridleways.

One thing that is forgotten about is cycleways. Cycleways are not just urban things—they can be rural. They can be combined with horse riding and walking on local byways; indeed, you can cycle on a bridleway, but very often the surface is not all that good for cycling. They are not part of the rights of way legislation, because, at the time when that was based, cycles did not exist—they had not been invented. This is something that should be looked at now.

I ask the Government to look specifically at the problems raised by my noble friend Lady Scott concerning the ending of cross-compliance. Rights of way authorities have found cross-compliance requiring landowners to adhere to the Highways Act 1980 valuable, basically because they could threaten them for not doing it if they were getting grants. If that is removed, will a cross-compliance-type ruling be automatic, particularly in tier 1 grants and schemes, insisting that cross-compliance on rights of way on the land continues to exist—it would not be called “cross-compliance” but it would be the same thing—as a condition for getting the grant? Even if the grant does not cover rights of way at all, will landowners still be required to adhere to cross-compliance?

Finally, I come back to rights of way improvement plans, which I mentioned at Second Reading, and which the access authorities are supposed to have in place. Very often, the enthusiasm that went into these plans has gone, because rights of way departments have shrunk under the cuts to local authority budgets. The Environmental Land Management Policy Discussion Document, published in February, says that tier 2 outcomes are

“locally targeted environmental outcomes”

with

“some form of spatial targeting and local planning”.

This seems to be ideally suited to rights of way improvement plans across an area. Is that the kind of thing that the Government will look at and consider favourably? Will they encourage rights of way improvement authorities to put forward plans and try to integrate them into the new environmental land management system?

Agriculture Bill

Lord Randall of Uxbridge 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]

The next speaker is the noble Lord, Lord Marlesford. Lord Marlesford? If the noble Lord does not wish to speak, we will move on to the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this has been a very interesting little debate on this subject, which I am incredibly interested in. I am grateful to the noble Lord, Lord Greaves, for introducing these amendments. The debate has shown that the problem is to some extent with the term “rewilding”. Although he gave the definition, there are a lot of misconceptions about what it might mean because a lot of people have different meanings that they put on it. As we have heard, they go from the reintroduction of apex predators down to just changing an area. There have been some very successful examples of rewilding. However, we would do better to talk about restoring. A lot of that has been going on, and I have a feeling—the Minister will explain—that this is already part of the Bill. This would be something for public goods.

There have been some very successful reintroductions of formerly native species, not necessarily those that have been mentioned, but some of the butterflies, such as the large blue and the chequered skipper, and cirl buntings, which in the south-west were almost extinct. I was rather shocked when, a year or so ago, I mentioned to someone that I had seen cirl buntings in the Chilterns, and they looked at me as if to say, “I’ve actually met someone who saw cirl buntings in the Chilterns”. I did not think it was that long ago, but that is how we end up as we get older. I would love to see them reintroduced. It would not be a huge problem. Perhaps if farmers or land managers in those areas could be given some financial assistance. There also may be other people who could do it.

The noble Baroness, Lady Scott of Needham Market, mentioned Wicken Fen. A large, unprofitable carrot farm, I believe, up near Lakenheath is now the RSPB Lakenheath Fen Nature Reserve, which was established because the RSPB was concerned about the rising sea levels affecting a lot of the species currently along coastal areas, such as bitterns and bearded tits. That has been highly successful. These are the sorts of things that I would like to see included.

I want to see a helping hand, and it does not have to be on a large scale. Some of us do not entirely mow the lawn but let some of it grow wild to encourage insects and other flower species; that could be called rewilding, but that is not large scale.

I am very impressed by the extensive knowledge of nature, which I should have known there would be, in your Lordships’ House. I have been passionate about nature since I was a boy, and I recommend to anyone interested another good book besides the rewilding one regarding Knepp. It is Rebirding: Rewilding Britain and Its Birds by Benedict Macdonald, which shows that some of the species that we are talking about were here go back further than just a couple of centuries. It is a very worthwhile read. I await the Minister’s remarks, but this has been a fascinating debate.

[The Deputy Chairman of Committees]

I call the noble Lord, Lord Clark of Windermere. We do not have the noble Lord, Lord Clark, so I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

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[The Earl of Dundee [V]]

My Lords, I support and will first comment on Amendment 97, tabled by the noble Lord, Lord Teverson, and others. The new and welcome direction pointed by the Bill is furthering the joint aims of healthy food production and good environmental land management. Whole-farm agroecological systems are central to this. They should therefore be clearly described. That is what Amendment 97 would do.

Following this, and for the same reason of its central consistency with the Bill, I am in favour of Amendment 42, which would ensure that financial assistance is given for whole-farm agroecological systems. I also support Amendment 48, which would properly recompense farmers more than the Bill currently does for converting to organic and ecologically sustainable systems. I am in favour of Amendment 84, on encouraging agroforestry, and Amendment 96, which seeks better to reward nature-friendly farms. I agree with Amendment 120 about monitored targets for integrated pest management, and equally with Amendment 217, which advocates improved productivity programmes related to soil analysis.

Amendment 41 in my name relates directly to Amendment 40 on agroforestry, tabled by the noble Lord, Lord Teverson. It encourages a connection between afforestation and agroforestry. Its purpose is for agroforestry development to contribute towards afforestation targets. Although most of the target of 30 million trees which the Government have committed to plant will apply to upland areas, through agroforestry an increasing proportion could be planted on lower ground, which is otherwise, and for good reason, often the sole preserve of agricultural production. Conversely, agroforestry itself, where deployed on low ground, can assist afforestation targets, since it maintains fields of agricultural crops, with trees planted at certain wide intervals between them.

Through agroforestry, as carried out on United Kingdom farmland, it is estimated that 920 million trees could be planted in fields, yet this would cause agricultural output to reduce by only 7%.

[Lord Randall of Uxbridge [V]]

My Lords, I shall not detain the Committee long. I have added my name to several of these amendments. I want to underline the importance of getting some of these things right—whether it is nature-friendly farming, the reduction of pesticides, the increase in organic or the agrochemicals reduction. I support particularly Amendment 117 in the name of the noble Baroness, Lady Bennett of Manor Castle, on meadows and grasslands. I am a member of Plantlife, as I am of Buglife.

These amendments are crucial. But the time is late. Very eloquent people are making their points and I think it is time for me to be quiet.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, today’s important debates have been greatly enhanced by the pleasure of hearing the noble Lord, Lord Rooker.

My Amendment 259 is in this important group. I am grateful to my noble friends Lord Patel and Lord Wigley for their support. Chemical weapons were developed in the Second World War and then remanufactured as pesticides, now used in agriculture for around 75 years. In 2013 the Government accepted all recommendations from two important reports. The first was the Bystanders Risk Assessment Working Group of the Advisory Committee on Pesticides. The second report was from the sub-group of the Advisory Committee on Pesticides: the Pesticides Adverse Health Effects Surveillance working group. Both were scathing about the use of pesticides and laid out the dangers. Yet, although accepted, their recommendations remain largely unimplemented.

It is a worrying indictment that 70% of our land is used for farming and almost all of it, except for the 3% for organic farming, is subjected to spraying that is not dose-controlled in any way. In 2014, 17.75 million kilograms of pesticide were sprayed on the land. Carried in the wind, harmful residues have been found several miles downwind. The dangers to health are now recognised. A 2017 report by the UN special rapporteur on the right to food found that chronic exposure to agricultural pesticides was associated with several diseases and conditions, including cancers, and that those living near crop fields were particularly vulnerable to exposure.

The International Panel of Experts on Sustainable Food Systems report describes the unacceptable harm caused by the current chemical farming systems and the energy consumption in the manufacture of these chemicals. It exposes just some of the astronomical health costs externalised by the current system, and states an urgent and overwhelming case for action.

The Lancet Commission on Pollution and Health report on global deaths and chronic diseases from outdoor air pollution, including from the use of pesticides, has the lead author saying that his biggest concern is the impact of the hundreds of industrial chemicals and pesticides already widely dispersed around the world.

I remind all involved in this Bill that the effects are cumulative, because these chemicals often sit in fat stores and are not cleared. The chemicals disrupt the internal hormonal environment; they are endocrine disruptors and make cells more susceptible to mutations, abnormalities and malignancy.

I turn briefly to one of these, glyphosate, used in the weed killer Roundup, which has a large number of tumour-promoting effects on biological systems, including direct damage to DNA in sensitive cells, disruption of metabolic processes and modification to more toxic molecules. Epidemiological evidence suggests correlations between glyphosate usage on crops and a multitude of cancers that are reaching epidemic proportions, including common cancers and lymphoma. In the US, many lawsuits have been brought against the producer Monsanto, which is now part of Bayer.

The effect on the developing nervous system and on the adult neurones is not clearly known, but we must take the precautionary principle. Rats exposed to high levels of glyphosate, their offspring and the offspring’s offspring—two generations on—developed malignancy, obesity and birth abnormalities. Neurotransmitter changes occur in rats and mice exposed to glyphosate, and mice display mood and movement changes. Increased understanding of epigenetics suggests that harm experienced by the adult may be handed on by epigenetic factors to offspring not even yet conceived.

I spoke in the previous debate on the theme of future generations and I return to that now. We cannot ignore the cumulative evidence. In my amendment, I suggest an annual report to Parliament on the safety of herbicides and pesticides, taking into account evidence from the analysis of foods that should be glyphosate-free but appear to be contaminated by windborne spray. Neurotoxic effects on pollinators and the damaging effects on human health of these chemicals cannot be ignored.

As we leave Europe, we are free to produce more of our own food for our own market and ensure that our food is safe and of high nutritional quality. We must make also sure that imported food meets our new high standards. Going forward, pesticides need to be designed out of farming systems, for the environment, for health and for the market-ready production of excellent food; hence my amendment.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I have added my name to Amendment 274, although I am thoroughly behind the other amendments in this group. I will not go down the line of Heathrow; it always gets me excited because I am firmly opposed to any expansion there.

There is really nothing further that I would say; the eloquent speech of my noble friend Lord Caithness really said it all. I also pay tribute to the NFU for its work on trying to reduce carbon emissions. I am very keen for us to get on with this discussion and debate, so the only thing that I will say is that one thing that is sometimes forgotten when we talk about sequestering carbon emissions is wetlands. That is something that we can look at very seriously in the Bill. If the noble Earl, Lord Devon, is correct and there will be problems, wetlands may be the answer. The Bill may supply the answer to how that is done.

We want to get on with the Bill, though, because while we have been congratulating and paying tribute to farmers and land managers all along, if we are not careful and do not get this legislation through, we will not be able to pay them.

[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.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

[Lord Curry of Kirkharle (CB) [V]]

My Lords, my interests are as recorded in the register. I fully support Amendment 144, in the name of my noble friend Lord Carrington, to which I was happy to attach my name. I am very concerned about the gap in support as the current basic payment scheme is unwound and access to the new ELM scheme becomes available, as planned, in 2024. As I said at Second Reading, this is fraught with risk. The delays caused by indecision on Brexit and then the impact of coronavirus mean that the ELMS pilots are just under way. Meaningful conclusions will take a couple of years or more to interpret. The design of the schemes, and the value of public goods that we hope will be delivered by this brave new model for supporting the management of the countryside, must be promoted to farmers and land managers with confidence. We need the evidence from the pilots and there is no slack in the timetable to experiment or for systems to fail and be rerun, which is why many of us are deeply concerned about the Government’s reluctance to change the current seven-year transition plan. At Second Reading, I suggested that the Government should be willing to extend the period to eight years.

Under the current plans, there will only be three years by the time the Bill becomes law to draw conclusions from the pilots and then launch the ELM scheme to the entire farming sector. Tens of thousands of family farmers are not prepared for the scale of the change that the Bill will introduce. It is the most fundamental change in support, and the greatest cultural change, that any farmer in Britain today has ever faced. At present, there is no way farmers can prepare for this change because, for obvious reasons, there is no information available on the basis of which they can begin to consider their future plans and make decisions.

This change in policy is a unique opportunity to facilitate restructuring of the sector, but this cannot be rushed. Every farmer needs to consider the impact of the change on their individual business. As a result of the scale of this challenge, it is inevitable that there will be a capacity problem. The quantum of qualified consultants who are trusted and able to provide 30,000 or 40,000 farmers with informed advice in good time to make considered decisions will be an enormous challenge. To ensure that the potential benefits which the ELM scheme can deliver, and which will hopefully be realised, will require careful consideration by each farmer and land manager.



If ELMS is launched in 2024 as planned, there will be a deluge of applications and the capacity of the RPA and Natural England to cope with the volume will be stretched to the limit. The possibility of every farmer who wishes to participate in the ELM scheme being able to do so in 2024 is unrealistic. For all these reasons, the Government need to think very carefully about the timetable. This amendment is designed to help smooth the impact. Limiting the dismantling of support from the BPS to a total reduction of 25% until the ELM scheme is available is a sensible approach.

I restate what I said at Second Reading: I reassure the Minister that I am enthusiastic about this bold change in policy and genuinely believe that we can lead the world in delivering a wide range of crucial outcomes from the management of the countryside, provided that the policy is well designed and land managers are appropriately incentivised. It would be a disaster if such an important change in policy was rushed through and we failed to engage appropriately. I hope that the Minister will be able to reassure the House that the department will adopt the timetable proposed in this amendment. It would be very much appreciated by farmers and land managers and would ensure a greater chance of achieving the desired outcomes.

Very briefly, I have considerable sympathy with the purpose of Amendment 149 tabled by the noble Duke, the Duke of Wellington. Smaller livestock family farms, both in LFAs and in the lowlands, are the most vulnerable to these changes. They manage some of the most precious landscapes in Britain and are a crucial part of rural communities. The choice of taking a hard-nosed commercial approach, resulting in many being forced out of business, or a more sympathetic view that would require some special care and support to help those farming businesses adjust to change is a no-brainer, otherwise the impact could be disastrous. The Minister is aware that I chair the Prince’s Countryside Fund. We have supported over 1,000 such farmers through the Prince’s Farm Resilience Programme, with considerable success. It is essential that these crucial farming families are given appropriate support to ensure that they can adapt their businesses, not just to survive but to prosper in this brave new world.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will not detain you long. I have every sympathy with the impatience of the noble Lord, Lord Teverson, to get on with improving our biodiversity. However, I do not think it is feasible to bring this forward from seven to five years, so I am afraid that I cannot support that, however much I am keen for the things that we all hope for to take place.

I agree very much with my noble friend Lord Caithness. The more I have listened to our proceedings, the more respect I have for farmers—I had a great deal of respect for them before—and I can imagine what it is like facing these changes with all the uncertainty that we have just been talking about. Having been not in farming but in retail for most of my working life, I can imagine the concerns about the future. I would also say, however, that we always work to deadlines. If we extended things, we would be in a similar position, so I cannot support any extension as discussed—very eloquently—by many noble Lords.

I have put my name to Amendment 147 in the name of the noble Baroness, Lady Jones of Moulsecoomb, principally to emphasise my concerns over any reduction in animal welfare. I have no doubt at all that British farming has the highest standards of animal welfare in the world and I do not think for one minute that that will be negated by anything in the Bill, but I wanted to underline my concerns on that.

Again, I give my support in as far as upland farms, and to some extent some livestock in the lowlands, are some of our most precious guardians of the countryside and are really threatened by some of these measures. I urge the Government to look at this; I am sure that they will.

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[Lord Lucas (Con) [V]]

My Lords, I support what the noble Earl, Lord Devon, said about less than five years being far too short for average farm tenancies if we are to succeed with a comprehensive agri-environment scheme. I also agree with him that accepting half a loaf now may not lead to the other half appearing; I think we all ought to understand, in this House, how that works. I am very grateful for Tony Blair’s willingness to accept half a loaf all those years ago.

My interest in this group is in Amendment 242. I am not an agricultural tenancy specialist; I come at this from an education point of view. Subsection 11(3) is an odd bit of legislation. It abolishes a large chunk of Part 1 of Schedule 6 to the Agricultural Holdings Act, which is full of definitions—I cannot, for the life of me, understand how we can do without them, but presumably it all fits in with the rest of the Bill. The bit that we are left with is a restatement, effectively, of one bit of Part 1 of Schedule 6, which governs the interface between the successor to a tenancy and that successor going off and learning their trade at an agricultural college. But it says that you are allowed only three years, and a lot of modern level 6 courses in agricultural colleges now last four years, because they—quite rightly—incorporate a year’s experience.

Today, I listened to the Universities Minister, Michelle Donelan, urging universities to be much more flexible and offer structures that are part-time, modular and akin to continuous professional development over many years. Looking to the future, therefore, the answer is not my amendment, but to remove the time restriction from this clause entirely. A successor to a tenancy ought to be allowed to have been studying their craft, and it ought not to matter where and in what pattern they have been doing that, particularly when we are currently urging such institutes of education to offer a much wider variety of ways in which agricultural education can be obtained. We ought not to be stuck in the past in this clause.

[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.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

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

My Lords, I speak to this amendment in my name, so ably led by my noble friend Lady Fookes. It enables us to put an end to much suffering incurred by thousands of animals over the years when they are exported for slaughter.

Animals have to endure many hours of transport to meet their end. While I understand that the EU has comparable slaughter regulations, not all countries oversee these with the rigour they should. A report in September 2016 by a committee of inquiry of the French Assemblée Nationale confirmed that there were serious welfare problems and breaches of EU law on welfare at slaughter in French abattoirs.

Exporting animals for slaughter is simply a welfare insult. As we have heard, the long journeys are stressful for the animals and in some cases result in enormous suffering due, for example, to overcrowding, high summer temperatures and animals receiving injury en route. As mentioned in debates on other amendments, animals should be slaughtered at the closest possible point to production. In this day and age, there is no reason why they cannot travel on the hook, rather than on the hoof.

Figures provided by the Animal and Plant Health Agency show that around 40,000 animals were exported last year. Of these, I understand that around 30,000 were sheep, with just over half going to the continent. These animals are mostly going to France, Belgium, the Netherlands and Germany, but some are going to Hungary and Bulgaria, which have a large onward trade to the Middle East, where slaughter conditions can be simply terrible.

The proposed new clause also bans export for fattening. APHA figures show that 3,446 calves were sent from Scotland on long journeys to Spain and Italy in 2017, to be fattened for beef and veal. I gather that a number of English calves have also been sent. Not only does scientific evidence indicate that young calves are not well adapted to cope with transport; they may end up being kept in systems that are illegal in the UK on welfare grounds. It is therefore important that the ban included fattening as well as slaughter. Otherwise, animals will be exported for fattening that will then result in slaughter.

There will be limited impact from this clause on British farming, because the numbers are small when compared with the UK herd size. As my noble friend has mentioned, banning exports for slaughter was in our Conservative manifesto. The Bill is the perfect place to bring in this provision. While I understand that there may be some work to make this happen, that is no reason to delay the legislation. This trade is cruel, and if the UK wishes to consider itself to be a country leading in animal welfare, it needs to act to stop such practices now. I therefore hope that the Government will use this opportunity to back a ban on live exports for slaughter and fattening, due to the extensive suffering that it causes, and accept the amendment or undertake to work to bring something similar forward at the next stage of the Bill.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I added my name to that of my noble friends Lady Fookes and Lady Hodgson of Abinger. I did so slightly warily because I was not convinced that the Bill is the measure in which we should be adding this provision, but I do not doubt the need for it. As we have heard, it was a commitment in the Conservative manifesto at the last election, and I admire the doggedness of my noble friend Lady Fookes in keeping on this subject for a long time. She has been incredibly patient, and it is time that we looked at this matter seriously. It is incredibly complex to legislate for this and is not quite as simple as it might seem, for a variety of reasons that I am sure the Minister will tell us.

However, as regards travel within the UK, I can remember—not as far back as 1973 but in 1979—travelling on the “Good Shepherd” between Shetland and Fair Isle, where sheep were being transported. It was stormy, and I remember that sheep are not good sailors on small boats. I will not go into the result, but it is not easy to transport animals.

Our worry is, as has been said, that while we are told that inspections take place once animals leave our shores, we have great doubts that that has been done properly. Onward transport, not just across the channel, but to Bulgaria and elsewhere, and then on to the Middle East is of concern. I should like the Minister in his reply to say exactly where we are with this.

I should also add that I cannot support Amendment 277 in this group. However appalling the production of foie gras is—I am no great fan— criminalising people who might have some in their luggage as they come across the channel is not the way forward. It should be more about education.

[Baroness Jones of Moulsecoomb [V]]

My Lords, I support both amendments in the group. On the first, it was a pleasure to hear the noble Baroness, Lady Fookes, and her long, noble and sincere fight to protect animals that are exported.

Amendment 277, in the name of the noble Baroness, Lady Jones of Whitchurch, is about foie gras. I strongly disagree with the noble Lord, Lord Randall, that we should not penalise people who import it. We would not like it if people brought back bits of dead dog in their luggage. We hate the thought that, in some countries, dogs are eaten; yet, somehow, it is okay with ducks and geese. Foie gras is a brutal and horrific system of animal abuse. The practice is illegal in this country, but it can be circumvented by allowing people to import it from elsewhere. The simple point is that it does not matter if the animal abuse happens here or abroad; it is still animal abuse. A duck or goose is harmed just as badly in another country as it would be here.

I echo the noble Baroness, Lady Fookes, in asking why both these provisions are not already in law. Why will the Government not commit to amending the Bill on Report on these issues? It would get a lot of public approval, which the Government are probably in need of at the moment. Banning live animal exports was always a given by Brexiteers, who gave it as an example to lure green-minded people to support Brexit. It is time for the Government to make good on that and give us what we voted for.

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[Lord Randall of Uxbridge [V]]

My Lords, I thoroughly support these two amendments in the name of the noble Lord, Lord Whitty. He and the noble Baroness, Lady Jones of Moulsecoomb, have expressed everything I wanted to say. We have talked about the need to look after biodiversity and the environment, but what could be more important than the health of fellow human beings? I support these amendments.

[Baroness Henig (Lab)]

My Lords, I will speak to Amendment 221, to which I have also put my name. This is my first contribution in Committee, and I have listened and learned an awful lot from the debates thus far. I have long-held concerns about the pollution and contamination caused by the widespread use of pesticides and chemical treatments across increasingly large parts of our agricultural land.

I am no expert on the effects of pesticides on human health and our wildlife, but the noble Baroness, Lady Finlay of Llandaff, and the noble Lord, Lord Patel, most definitely are. The House heard them talk in detail on a previous group of amendments about how exposure to agricultural pesticides is linked with many diseases and conditions. The noble Lord, Lord Whitty, emphasised that in moving the amendment. It is obvious that those living near crop fields are particularly vulnerable to exposure.

The Government have had in place a national action plan looking into this problem since 2013, but little seems to have resulted and unsurprisingly, it has been described as “woefully weak”. I read the Minister’s letters to Peers after Second Reading, in which he said that the Government will develop their policy in a revised national action plan on the sustainable use of pesticides, and that they will consult in coming months. This is not an adequate response to what is a serious, well-documented and ongoing health hazard.

We have all agreed that the Agriculture Bill is a landmark piece of legislation. It is going to provide the foundation for our agricultural and environmental policies for decades to come. The Minister in the other place described it as an ambitious Bill. But it is not ambitious in this area. What is our strategy regarding the use of pesticides? Are we going to have a target to reduce their use to, say, half, as the EU has adopted? Or, is our strategy to aim to remove them completely from our food and farming system, as at least one Chief Scientific Adviser has advocated? We need to hear about more concrete action and a clearer strategy than that revealed thus far.

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I also draw attention to Amendments 296 and 297, in the name of my noble friend Lady Jones of Whitchurch, on similar replacement measures to tackle soil degradation. When I was chief executive of the Environment Agency, there was a growing problem with muddy floods after the run-off of soils from bare ground, often from the inappropriate siting or management of potato or maize growing. In the last few years, we have now seen for the first time in aerial pictures of the UK and its coasts evidence of substantial soil erosion, travelling down the rivers and out to sea on a grand scale. If we are not to lose our precious soils, this amendment is absolutely required.

[Lord Randall of Uxbridge [V]]

My Lords, it is always a great honour to follow the noble Baroness, Lady Young of Old Scone, and I am sure that nobody would tire of hearing her, even at this time. I am sure that I will hear a collective sigh of relief because I think this will be my last contribution to the Committee. I thank the Committee for its indulgence, not least my two noble friends on the Front Bench who have had to listen to my ramblings.

The noble Baroness, Lady Young of Old Scone, has already referred to the two amendments standing in my name. I am grateful to her and to the noble Baronesses, Lady Bennett of Manor Castle and Lady Quin, for putting their names to Amendment 230. I am grateful again to the noble Baroness, Lady Young, and to the noble Lords, Lord Greaves and Lord Addington, for doing so on Amendment 231.

As has been discussed, these amendments regard the potential loss of the good agricultural and environmental conditions—the GAECs, or whatever they are to be called. Amendment 230 relates to GAEC 7a, which includes: maintaining green cover at the base of a hedge for two metres either side from its centre; not trimming hedges during the main breeding season of nesting birds; not removing stone walls, earth banks, stone banks or material from these, as they provide important habitats for many plants and animals. If this amendment were inserted, it would amend the Hedgerows Regulations 1997 to ensure that these important protections are maintained.

Replacing elements of GAEC 1 to protect ponds and small water body habitats is also important, because a wide variety of small water bodies are vital for freshwater biodiversity. But they remain largely overlooked and generally excluded, as I understand it, from government policies such as the water framework directive and river basin management plans, which describe how we should protect freshwaters. Small standing waters, ponds and small lakes are particularly important for biodiversity compared to other freshwaters. These waters support a surprisingly large proportion of freshwater biodiversity and are especially important for uncommon freshwater species.

Amendment 231 would change the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 to provide a requirement for buffer strips of green cover adjacent to watercourses, surface waters, et cetera, mirroring the current cross-compliance requirements in GAEC 1. This amendment would also require land managers to keep a farm map with surface water, boreholes and so on marked outside nitrate-vulnerable zones. The term “surface waters” is included in GAEC 1 and is taken in common parlance to include ponds and lakes. I think that Amendment 231 would provide legal certainty on this. I thank noble Lords for listening to me.

[Baroness Bennett of Manor Castle [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Randall of Uxbridge. He set out very clearly the benefits of Amendment 230, to which I was pleased to attach my name, and Amendment 231, to which I am pleased to offer my support. It is a little unfortunate that this got split from Amendment 117 on meadows, which the noble Lord kindly backed after I had tabled it, because the two fit together rather nicely. They are two hugely valuable biological and ecological resources that are to a large extent being destroyed and lost in parts of our countryside. It is undoubtedly true that the common agricultural policy was responsible for a huge amount of destruction, but the cross-compliance, or GAEC, regulations have in recent years helped to at least keep what we still have. It is crucial that under the new arrangements we do not lose that protection, and that is what these two simple amendments aim to do. I hope very much that the Government will be able to take them on board and incorporate them in the Bill.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I start with an apology to your Lordships, and particularly to the Minister. On Thursday evening I implied that my contributions to this Committee would be at an end. My excitement at seeing the light at the end of the tunnel made me forget that there was this group of amendments—so I apologise for that.

I do not think I need to add to what has already been said. I have been listening to lots of speeches, some of which are rather like those pieces of classical music that you think are going to end; they carry on a bit and carry on, and only eventually do they come to an end. I do not want to do one of those. I just want to say to my noble friend and to Ministers generally that I understand where the problem is: there is perhaps a conflict between two departments, the department that the Minister represents and that of trade.

I would also say, with the experience of having been a Whip in the other place for a long time, that sometimes you have to read the Room, and I would say that there are things the Government could be looking at. If they thought the establishment of the commission was a good compromise, it was a good start, but I am afraid its composition leaves many people a little wary and, as my noble friend Lady McIntosh said, the short period for which it is going to be in existence is also a concern.

I say to my noble friends on the Front Bench that I was always taught in business that if you are having a problem with cash flow, it is rather like a car that is heading towards a brick wall: it is better to either slow down and then go round that brick wall or to stop. It is not a good idea to go rushing at full speed, hoping that you can brake at the last minute and avoid a crash. I would say that a little more has to be offered.

This is important. I understand the arguments and I support Amendment 273. Things have moved on a bit, but we need to see a little more, otherwise I am afraid that things will not be all that easy for the Government in this regard.

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Lord, Lord Randall. I note his constructive comments on brick walls and the dangers of driving at them at speed, and I am sure the Government too will have noted them. I again draw attention to my entry on farming matters in the register of interests.

My name stands on Amendment 276 in the name of the noble Lord, Lord Hain, Amendment 278 in the name of the noble Lord, Lord Empey, and Amendment 280 in the name of the noble Lord, Lord Bruce. I am delighted to support all three noble Lords who have spoken and I will not repeat the comments that they have made, save to pick up the very important thread that the noble Lord, Lord Bruce, has introduced previously and repeated today: namely, the real dangers in the present climate for hill farmers. I am concerned about them in Wales, but of course that is an equal concern in other parts of the United Kingdom. I certainly am not prepared to see them sold down the river in order to secure a trade deal with Trump’s America. That is where I come from on this bank of amendments.

I very much endorse the comments made by the noble Baroness, Lady McIntosh, in introducing Amendment 270 and her comments on the need to avoid unfair competition from subsidised imports and the need for there to be a level playing field. I agree with the comments made earlier regarding the vital importance of this amendment made by the noble Lord, Lord Curry, and repeated by Lord Greaves; this may be the most important bank of amendments in Committee.

I pick up the point concerning the commission that has been announced today. It may last for only six months and it may not have real teeth, but it gives an indication of the direction in which we should be moving. Perhaps it may be a main thread for us, when we return to these matters on Report, to take up the weaknesses in the commission suggested by the Government, put it on a permanent basis and give it real teeth. If we are able to do that, we might be able to introduce some safeguards, which undoubtedly people the length and breadth of these islands want with regard to the security of the food that comes on to the market and that they will be consuming.

I also endorse the point made by the noble Lord, Lord Hain, about the range and width of the bodies which support the aims of these amendments. With such a cross-section of bodies, the Government would clearly be very ill advised to ignore their comments.

All these varied amendments underline the real concern in all parts of these islands, but also all parts of the Committee, with regard to the significant dangers of food being imported whose standard is below that required of UK-produced food. I accept that Ministers in both Houses have given assurances on these matters but, to my mind, there have to be safeguards in the Bill—in legislation—to underpin any assurances of this sort. They have to be on a statutory basis if they are to have some meaning. That is why I hope very much that we may have some indication from the Minister today that the Government will still consider further steps, over and above the commission announced today, in trying to meet the real fears described by so many noble colleagues in this debate. Finally, I join others in thanking both the Ministers for their diligence during Committee. I look forward to returning to many of these issues on Report.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

I refer to Acts in some of my amendments because the many strategies that might be touched on simply are not solid enough to have that effect. We need something that has the force of law. I hope that the Minister can give a series of positive answers, so that people know what they will be entitled to, and who will benefit from it. It will be a combination whereby the farmer, or other land user or manager, gets a benefit from giving something good to society: public money for a public good. Can we have a definition here? The Government started this: they said “access”. What do they mean by it?

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I shall not detain the House long. I have added my name to those of my noble friends Lord Caithness and Lord Dundee on Amendment 5, because, as has been said, it is important that we get clarification. We must also ensure that farmers and other land managers realise that the access provisions are voluntary and will not be imposed. We need to take everybody along with the new framework, and the new way of looking at how we finance our agricultural system. If land managers fear that this will be compulsory they may not take part in it. Obviously, there is a good reason why we want more access—but it must be voluntary.

I echo the thoughts of the noble Lord, Lord Addington, about making paths, if possible, accessible to all, not just to what he called the hardened rambler. I also concur that there are occasions when paths and access must be curbed, for various reasons. Even nature reserves have to close paths because a bird—or some other creature, but it is normally a bird—has decided to nest right by them, and the last thing it needs is a lot of people walking past. I hope that the Minister can give us the clarification that we desire.

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

My Lords, it is a pleasure to follow the noble Lord, Lord Randall of Uxbridge. I offer the Green group’s support for Amendment 2 in the name of the noble Earl, Lord Devon. My noble friend Lady Jones of Moulsecoomb will speak on other amendments, so I shall confine myself to this one. Amendment 2 has multiple benefits. As the noble Earl explained, it would improve the clarity of the Bill, with “health and wellbeing” being measurable and quantifiable terms rather than the—if I may say so—rather woolly drafting of “enjoyment”.

This also helps us to come to terms with the rest of the debate and to set out clearly what the Bill is trying to achieve. We need our countryside to provide multiple services for us. In terms of our health and well-being, we need a great improvement from our present diet, to one packed with fruit and vegetables. We also need widespread broadly available leisure opportunities, and we need to look after the health and well-being of the natural world so that it can maintain biodiversity and bio-abundance, store carbon, prevent flooding, provide clean water, et cetera.

The economy is a complete sub-set of the environment, and ours is in a parlous state, as the RSPB reminded us this week with its reflections on our “lost decade for nature”. There is a context to the Bill involving contesting views, summed up as “sparing versus sharing”. The idea behind sparing is that we trash much of the land—the soils, the biodiversity and the waters—but we leave some of it, in its still surviving or restored state, as pristine as possible. Spare some, and the devil—or the agrochemical companies—take the rest.

Sharing involves looking after all our land—the soils, the wildlife, the air and the water. Those are things that everybody needs around them all the time for health and well-being—rural and town residents, visitors, and those who eat the food that comes from them. That is, as the noble Earl’s amendment says, for their health and well-being. An occasional visit to a specially protected treasured area will not deliver health and well-being if the rest of our countryside is trashed.

When we reach Amendment 78 in the name of the noble Lord, Lord Whitty, and consider the damage done by pesticide application, this will all come into acute focus. Amendment 2 gives us a chance, in the early stages of the Bill, at the start of today’s debates, to set out a crucial understanding of how our health and well-being, and our future, depend on looking after every inch of our environment. If we live in a healthy land, we will have a healthy society.

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[Lord Greaves (LD)]

I shall speak specifically to my Amendment 48, which concerns commons. I am not sure how it ended up in this group, but it does not matter. In Committee, we had a longer discussion and I put it in a group on its own, so as to talk about quite a lot of the issues connected with commons. On this occasion, in order to save time, I did not mind in which group it ended up, as I can talk about it in any event.

Again, I am grateful for the help and advice that I have had from the Foundation for Common Land and the Open Spaces Society. It is interesting that they come from different angles. One comes from a management of the commons angle and the other starts from an access angle, but they come together and work together because it is necessary to do so.

I need to go through again briefly what common land is. It is land registered as common land in a register kept under Part 1 of the Commons Act 2006 or the Commons Registration Act 1965. It is land owned by one person or a number of people which is subject to the rights of other people—the commoners—to use and take some product from it. Nowadays, typically that is the grazing of animals.

Common land is only 3% of the total land area in England but it is 37% of the land above the moorland line. It is therefore used by hill farmers, who depend on the rough grazing, natural grasslands and other sorts of moorland. It accounts for a fifth of the area of the SSSIs in England—not a fifth of the number of SSSIs but a fifth of the SSSI land, as a lot of the moorland SSSIs are quite large. It delivers many public benefits and includes two-fifths of the access land in England. It is often designated in different ways for nature, and, not surprisingly, over 90% of common land was under an environmental stewardship scheme under the CAP. Importantly, these sorts of schemes can continue on the upland commons. However, there are also lots of small, local commons, such as the ones referred to by my noble friend Lord Addington, many of them vital for informal local recreation, such as the village common where people play rounders or whatever. They are also often environmentally important for the reasons given by noble friend.

The problem is the management of the commons under the ELMS. How does a system designed to provide financial support for all these different purposes to traditional owners cope with a number of different interests—owners, commoners and perhaps others? They may be competing interests, and individual commoners may have different views on what should happen. In Committee, I asked the Minister whether the Government had already turned their mind to the administration of agreements in relation to commons, with the particular difficulties that can arise in negotiating, administering and delivering them. The noble Baroness, Lady Bloomfield, said among other things that the Government were working in the trials to create commons-specific land management plans and systems. There are two tests and trials which I understand include substantial amounts of common, one in Cumbria and one in Dartmoor.

Since then, I was very grateful to have a meeting with civil servants and lawyers, and I was astonished how many people in and around Defra had an interest in commons. It was an extremely interesting meeting, and I was very grateful indeed. I am sorry that the Minister could not come, but I understand. I asked about the two specific local tests and what the Government were doing in relation to small, lowland commons, to find systems for them. I understand that there will be some small, lowland commons in the tests and trials once the national system is brought in next year. I was told—this is where it got interesting—that they were developing toolkits to understand the issues; everybody develops toolkits nowadays. These are toolkits not for what should happen but to understand the issues. One very interesting comment by one of the people in the meeting was that we need to focus on what we need to learn. This all gave me to understand—and it was extremely useful for this, if nothing else—that, as had been suggested to me by some of the people from the Cumbria test and trial, working out what to do with commons is really in the early days. In particular, I asked about disputes and was told that they were still working out a way forward. This was all very honest, and I was grateful to be given that time.

It really comes back to what I said before about the Bill—that we really have to treat the Government as though they are on trust on these matters; we have to trust them to do it properly and do it right. As far as commons are concerned, as the months go by following the passage of this Bill, I shall certainly be on the Government’s back. Indeed, I got some promises in relation to the tests and trials taking place and so on, that people would keep in touch with me—and I shall keep in touch with other noble Lords, such as the noble Baroness, Lady McIntosh, who are interested in this issue. I hope that together we can form a little group and follow it through with the Government.

It was confirmed that the details of the ELMS with regard to commons would, along with lots of others, be outside legislation. I tabled this amendment saying that that should not be the case simply because it was the amendment that I had tabled in Committee, and I had not had time to think of a new one, but I am not going to push it to a vote when we get to it in order. A lot of work is taking place, but it is at a very early stage, and it will be very important that a lot more work takes place much more quickly. This whole thing is going to come rushing up on people, and we really do not want the commons missed out.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Greaves, and his very interesting thoughts on commons. That is a very useful debate to have and one we must take seriously. I echo the words of those who have been talking about the need to get new entrants into agriculture and develop diversity.

I have added my name to Amendment 16 in the name of my noble friends Lord Caithness and Lord Dundee, who have already spoken about it adequately. I am delighted to see that climate change mitigation is in the list, because we have to take it seriously. I know that the NFU has set an ambitious target with regard to being net zero, so that is something that the agriculture sector is taking very seriously.

I congratulate my noble friend Lord Caithness on his myth busting around the fact that farming can be eminently profitable and nature friendly. As we have all been hearing, nature-friendly farming is the way forward. I also send my congratulations on his words about the Allerton project of the Game and Wildlife Conservation Trust. I visited it a few years ago and was incredibly impressed by the work there. He mentioned the grey partridge. In conjunction with the Game and Wildlife Conservation Trust, National England and others, there is also the Peppering Partridge Project, which shows that not only can farming be very beneficial to wildlife but game shooting can be very beneficial to wildlife. That might seem slightly counterintuitive, and I speak not as a shooter myself, but it shows how all those different aspects can work together.

The noble Lord, Lord Greaves, talked about trust. I have immense trust in the entire ministerial Defra team. We are very fortunate in this House to have my noble friends Lord Gardiner and Lord Goldsmith, and in the other place we have other very committed people who take the environment and farming interests very seriously. There is always the case of not knowing what is going to happen later but, at the moment, I have immense trust in them and wait to hear what they have to say.

[Lord Cormack (Con)]

My Lords, this has been a fascinating and thoughtful debate, and I would like to make a few remarks about three amendments. My noble friend Lady McIntosh of Pickering set us off to a good start. However, I want to talk not about Amendment 6 but rather about Amendment 7, and really for the reasons mentioned by the noble Baroness, Lady Jones of Moulsecoomb, who referred to those very important words “pasture fed.”

The only thing that really terrifies me about farming is the increasing move in certain places, particularly across the Atlantic, towards what can only be called factory farming, with vast sheds occupied by living creatures who never see the light of day. The glory of farming is, in many ways, pasture farming. Anything that we can do we should do to encourage our farmers to pasture their cattle, have their sheep on the hills and, indeed, to have their pigs eating their mast in the woods —and, of course, to make sure that we move away from that ghastly poultry farming which so polluted one of the loveliest stretches of the Wye earlier this year, when it seeped out from massive chicken battery farms. Anything we can do to emphasise the importance of pasture farming should be done.

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

My Lords, I shall speak to Amendment 14, in my name and those of the noble Baroness, Lady Bakewell, the noble Lord, Lord Randall, and the noble Earl, Lord Devon. I am very grateful for their support. Currently, all farmers in receipt of common agricultural policy payments have to deliver, under the cross-compliance regime, a range of standards described as “good agricultural and environmental conditions”—a snappy little title. Some of the standards have now been enshrined in UK law but some have not, and would disappear when the good agricultural and environmental conditions provision disappears with the end of direct payments to farmers and the end of the cross-compliance regime.

The standards that would be lost are primarily those covering the management of hedgerows, the protection of soils and the provision of watercourse buffer strips. My amendment is aimed at ensuring the delivery of all the standards for good agricultural and environmental conditions, which were previously assured by cross-compliance and which all farmers receiving subsidy had to respect, and to make sure that they will continue to be a condition of receiving public money under the new system.

The Minister very kindly organised a meeting with himself and Defra officials, and they acknowledged that the holes that I have identified, which would be left by the cessation of the cross-compliance regime, were indeed holes, and that something would have to be done to plug them. The Minister has indicated that the Government plan

“an intensive consultation on standards in the autumn, laying out what standards should be achieved by all farmers receiving public subsidy, but there is not yet any agreement on the mechanism for enforcing such standards and the design principles and regulatory strategy are still being worked up.”

As noble Lords know, direct payments are due to start to taper shortly, though the date will be a subject of debate in this House later on Report. It is not entirely clear when cross-compliance requirements may disappear. Can the Minister clarify that date? Whenever it is, we could well end up with a gap in hedgerow, watercourse and soil protection during the transitional phase, and possibly beyond, depending on the results of the intensive consultation on standards. I suggest that the holes that the Minister acknowledges in environmental protection would be very easily and, if I may say so, elegantly plugged by this amendment, so I hope that he will accept it. I beg to move.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, taking my cue from the noble Lord, Lord Rooker, on the previous group of amendments, I do not want to pontificate about this. The amendment has been eloquently proposed, and I am delighted to have added my name to that of the noble Baroness, Lady Young of Old Scone. She has previous talked about baubles on Christmas trees, and now she has provided us with an eminently suitable plug. I am concerned that if we are not careful, these things will, although maybe not on purpose, be allowed to slip down the plughole, so I urge the Minister to ensure that we have an ample plug, to stop this happening.

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

My Lords, I am pleased to have put my name to Amendment 14, and particularly to emphasise the importance of cross-compliance GAEC regulations on the preservation and management of soils. I spoke to my own soils amendment in Committee, and I appreciate the Minister’s subsequent letter identifying the various ways in which soils may be protected going forwards.

However, the variety of potential soil protection measures and regulations on its own reveals the weakness of the post-Brexit system, as none of the methods identified has the broad and clear application of the cross-compliance regulations with which farmers are so familiar. As the Minister has already accepted in responding to the second group of amendments, sustainable soil management, including the maintenance of organic matter within our soils, is undoubtedly the most important element of environmental land management. Farming is soil management. Healthy organic soils are an essential carbon sink, and provide an astoundingly diverse ecosystem for microscopic life beyond our comprehension. They also minimise run-off and erosion, decrease the need for artificial fertiliser and ensure better productivity. The loss of the regulations, and the gaps that the noble Baroness referenced, will cause terrible damage to our net-zero targets.

Agriculture Bill

Lord Randall of Uxbridge Excerpts

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

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Whitty, and of course the noble Baroness, Lady Finlay. I support these amendments wholeheartedly. I would like to speak at length about them, but I will keep my remarks quite short so that we have plenty of time for a vote.

It seems strange that in America, Monsanto—or rather the new company, Bayer—is paying out $10 billion to settle tens of thousands of claims that Roundup causes cancer, yet it still claims that this a perfectly healthy product, does not put warning labels on the product and says that it is safe. It strikes me as very strange that anybody could deny that this amendment is necessary.

The amendment does not do what I would like it to do—that is, ban all pesticides from 9 am this morning—but it protects the more vulnerable people in our country. In particular, it protects children in schools, childcare settings and nurseries, people in hospitals, and people in any building used for human habitation. It seems such a sensible amendment—I do not know why the Government do not see that it is necessary.

I urge all noble Lords to please vote for this and make sure that the Government get the message very clearly.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I was pleased to be able to put my name to Amendment 78 from the noble Lord, Lord Whitty, and it is a pleasure to follow him. It is of course always a pleasure to follow the noble Baronesses, Lady Jones and Lady Finlay.

There is no need for me to repeat the arguments that have been so ably put, except to say this. As Members who have been following our deliberations will know, I have been speaking about the importance of preserving our wildlife and biodiversity. One of the seminal works that I remember reading when I was very young was Silent Spring by Rachel Carson, in which she highlighted the devastating impacts of DDT on wildlife. However, this is much more fundamental: this is about protecting human life. If we have not yet learned that people sometimes assure us that everything is all right when it patently is not, we need think only of the tobacco industry—as the noble Baroness, Lady Finlay, said—and of asbestos. We would be failing ourselves, the public and our fellow human beings if we did not recognise the harmful nature of pesticides.

I am not an expert to know whether they should be banned entirely, as the noble Baroness, Lady Jones, has suggested. I am sure that there are many in the agricultural sector who say that they are incredibly important. However, one thing we can do is to get this amendment into the Bill, because it would protect so many people. It is not just about protecting those in rural communities, because the fumes can waft over other areas. I have not heard so far—although I am willing to hear it—the reasoning of my noble friend on the Front Bench, but from what I have heard so far, I am happy to support the amendment in the name of the noble Lord, Lord Whitty.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, I alert the House that we have been having some technical difficulties with the noble Earl, Lord Dundee, but I hope that he is now on the line.

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By extending both the mandate and lifespan of the Trade and Agriculture Commission, I believe the correct balance of independent and parliamentary oversight would be established to truly assess the consequences of future trade deals for the agriculture sector and, if need be, the potential avenues for a course to ensure that measures are taken to uphold our standards. I hope the House will support Amendment 101.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is a great pleasure to follow the four signatories—proposers and seconders—to Amendment 101, particularly the noble Lord, Lord Curry of Kirkharle. I support this amendment and added an amendment to it because I wanted to ensure that this Trade and Agriculture Commission had full representation from some of the people who should be on it. I notice that my noble friend Lord Naseby has added another amendment. Actually, I am not sure that my amendment is necessary; it was more to point out the lack of representation in these areas.

In the previous Division, I supported, some what reluctantly, the amendment of the noble Lord, Lord Grantchester. I did not do so because I doubted, even for one moment, the sincerity of my noble friend Lord Gardiner—I have immense respect for him—but I have been around politics for a while now, and I know that all parties can change manifesto commitments and find some way out of them. Sometimes it is more difficult to explain how they have changed them; for example, I remember a Conservative manifesto pledge about the expansion of Heathrow—“no ifs, no buts”—and that soon changed. I will not get on to that hobby horse at the moment, but I am saying that, despite assurances, things can change.

Therefore, I will address this amendment’s extension of the remit of the Trade and Agriculture Commission beyond the short period for which it has been set up. I believe it was set up because the Government needed something to try to quell those who were anxious about where the Government were going. I do not think it went far enough. We just sent something back to the Commons, having agreed the amendment of the noble Lord, Lord Grantchester, and—from my 12 years’ experience as a Whip in the other place—I think there is every chance of it being overturned.

However, as has been said, the Government have a wonderful opportunity; as the noble Lord, Lord Rooker, put it, what is not to like about this amendment? As we heard, it has the support of the NFU, the CLA, environmental bodies and that well-known left-wing organisation the Mail on Sunday. Therefore, this is not some bearded environmentalist’s amendment; this is something that I think the public would like to see as a matter of reassurance. The Government could take credit for accepting this amendment—or tabling their own modification—to reassure the country that we will not be sacrificing our standards to gain a particular trade benefit. Of course those trade deals are incredibly important, but not at any price.

I urge my noble friend on the Front Bench to have a good look at the amendment and to think that if the noble Lord, Lord Curry of Kirkharle, puts it to the House, I will be supporting him. I am sorry to say to my noble friend Lord Naseby that I will not be pressing my own amendment, but we ought to look at some sort of compromise that will sort out this remaining issue.

Most of the time when I have spoken, it has been about the environment and so forth. This is one issue where I am fully supportive of farmers and their livelihoods.

[The Earl of Dundee (Con) [V]]

I agree with my noble friend Lord Trenchard on the question of criteria to ensure that UK standards comply with WTO rules. However, in this grouping my main consideration is the composition of the Trade and Agriculture Commission itself. So far, the suggested membership comprises larger industry representation and experts covering quite a narrow group of issues. It does not take in those for environmental matters, climate, pesticides, food safety and other public interests; nor does it those from small and family farms. Consequently, arising from current proposals for this type of restricted TAC membership, there is the worry that problems raised by the public and farmers’ organisations would not be sufficiently addressed, the public interest thereby becoming neglected and even undermined.

That is why Amendment 104 in my name seeks to broaden the composition of the TAC to make it more representative and effective, hence the proposal that its membership instead should look after a much wider field of public interest. That would include animal welfare; climate; pesticides; food safety; hygiene and traceability; agricultural livelihoods; the protection of the environment, including forests; and fair trade with developing countries. I am sure the Minister would agree that this might be a better way to proceed.

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[Baroness Jones of Moulsecoomb (GP)]

My Lords, the noble Baroness, Lady Jones of Whitchurch, has laid out the need for this amendment with great clarity, and perhaps I can inject a little bit of the emotion that this amendment gives rise to for me. Earlier, I said that the amendment on food standards was probably the most important one, but in fact, this is of course the most important from a long-term point of view because it is all about survival. I am trying to save the planet and the people on it; even the noble Viscount, Lord Trenchard, is part of the group that I want to save—from itself, really.

We know that farming is a massive source of greenhouse gas emissions, and it is likely to grow as a percentage of our emissions as we decarbonise other parts of the economy. Therefore, it is going to get worse and worse if we do not have a clear plan for how to go forward. For me, this Government have shown no urgency; I cannot convey the urgency I feel when I think about what is happening to our planet and the destruction caused by our burning fossil fuels. The Government have not shown any logical trajectory towards zero carbon emissions; they are just dabbling, with a good idea here and an idea there that is probably not quite so good. There is no coherent vision.

The Government have to start budgeting carbon in exactly the same way that they budget money. I realise that budgets are out of the window at the moment due to the coronavirus, but the fact is that we do need to think about it like that and say that, if we allow one area to have more carbon, we have to decrease it in another. Actually, the Green Party has been calling for a “carbon chancellor”: somebody who can take an overall look at this issue, understand how the systems and the economy work and try to make a coherent plan.

This Bill has been bouncing around for three years now and has been delayed several times. It was written two years before the Government adopted a net-zero carbon emissions target, which means that we need to update it because it does not reflect the new net-zero target that the Government have set themselves. Amendment 100 is a genuinely cross-party amendment and will set British farming on a trajectory towards net-zero emissions. We desperately need it, and I very much hope that the Government will listen.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is always a pleasure to follow the noble Baronesses, Lady Jones of Whitchurch and Lady Jones of Moulsecoomb. The hour is late, but it is also late for our planet. While I do not take quite such a pessimistic view of the Government’s actions in this field as the noble Baroness, Lady Jones of Moulsecoomb—in fact, they should be congratulated in many respects—for many of us, things are not moving fast enough, and we need to encapsulate some of this in the Bill.

I agree that the NFU has brought forward its own ideas, but there is a lot more to this. For example, I know that Defra is looking at the issue of burning blanket bogs, but surely, under ELMS, we will not be able to give money to land managers who consistently burn peat bogs. That should also be part of the Bill.

I will not detain noble Lords any longer. I support the amendment and I recognise that the Government have taken steps towards it. Perhaps we are too impatient, but we need to get on with it.

[Lord Krebs (CB) [V]]

My Lords, this amendment has been most ably introduced by the noble Baroness, Lady Jones of Whitchurch. I want to briefly re-emphasise the reasons why I strongly support it. As the noble Baroness said, agriculture has to play its part in meeting our net-zero commitment. At the moment, as she also said, agriculture may account for only some 10% of UK emissions, but by 2050, if nothing is done about agriculture and other parts of our economy play their part, it could account for about a third.

In earlier debates, the noble Earl, Lord Caithness, referred to an excellent new book by Professor Bridle entitled Food and Climate Change Without the Hot Air. Professor Bridle expresses the challenge by calculating that, at the moment, the average daily food-related greenhouse gas footprint for each of us in the UK is six tonnes of carbon dioxide equivalence. To limit global warming to 1.5 degrees, we need to halve emissions by 2030. In other words, if food and agriculture are to play their part, the footprint of every one of us has to go down from six to three tonnes of carbon dioxide equivalence per day within 10 years.

We have already heard from the noble Baroness, Lady Jones of Whitchurch, that the climate change committee has repeatedly reported that agriculture and land use are not making their required contribution to our greenhouse gas emissions reductions. This leaves an intolerable burden on other sectors, as the noble Baroness, Lady Jones of Moulsecoomb, has already said. I will share a different quote from the climate change committee’s 2020 report to Parliament:

“Agriculture and land use, land-use change and forestry … have … made little progress.”


It concludes that there has been no net change in emissions over 10 years, and no coherent policy framework to deliver change.

The noble Lord, Lord Randall of Uxbridge, referred to peat bogs. Last Sunday’s Observer reported that there are currently no plans to stop burning peat bogs this autumn. Peat bogs are a major carbon store and burning them releases significant amounts of carbon into the atmosphere. Surely, if the Government are serious about their green credentials and about reducing greenhouse gas emissions from land use and agriculture, they should ban this burning now.

Agriculture is not delivering the necessary greenhouse gas reductions. This Bill is the chance to change that and ensure that the right policies are put in place. The Climate Change Act is, in the argot of the day, an oven-ready framework within which to place both agricultural emissions reduction targets and climate adaptation to make our future agriculture resilient to climate change. That is why we need to support this amendment.

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[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Amendments 102 and 102A are amendments to Amendment 101. Does the noble Lord, Lord Randall of Uxbridge, wish to move Amendment 102?

[Lord Randall of Uxbridge (Con) [V]]

I shall not be moving the amendment.

Amendments 102 to 102A not moved.