Agriculture Bill

Lord Wigley Excerpts

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

[Lord Wigley (PC) [V]]

My Lords, I draw attention to my registered interests and to my membership of the Farmers’ Union of Wales. I am delighted to follow the comments made by the previous speaker.

The House knows of my opposition to Brexit, but it is happening, and probably on a no-deal basis, so we must mitigate its negative impact on agriculture. Clearly, new legislation must establish a framework for British agriculture, so Plaid Cymru does not oppose a Second Reading of this Bill. I do welcome three features of the Bill: the linking of funding to sustainable farming, the repatriation of the red meat levy, and the framework enabling the Welsh Government to bring forward their own legislation.

Agriculture is devolved, reflecting Wales’s special characteristics. It is essential that new arrangements facilitate Welsh farming’s ongoing viability, particularly Wales’s livestock and dairy sectors. But there are deeply worrying aspects of this Bill. Notwithstanding the Minister’s assurances today, I am extremely concerned at the absence on the face of the Bill of the means to uphold Britain’s food standards. It must be amended so that imported agricultural and food products fully conform to our existing animal health and welfare standards, and our plant health and environmental protection standards. The need for such safeguards has united agricultural unions, environmental campaigners and animal welfare lobbies.

The Conservative Party committed in its recent election manifesto that:

“In all of our trade negotiations, we will not compromise on our high environmental protection, animal welfare and food standards.”


Therefore, this House has every right to insist on having such safeguards on the face of the Bill. To claim that it is inappropriate to incorporate these provisions is curious. It ignores the fact that Clause 36 of the Bill specifies such an approach for imported organic foods.

The EU has for many years tried to set high standards for food production. The EU’s Food and Veterinary Office regularly inspects farms and processing plants in third countries. The EU has insisted on an equivalence on food entering the single market from countries with which it has struck a trade deal. It is totally unacceptable for us to facilitate a race to the bottom at a time when environmental, animal welfare and human health issues are at the top of the international agenda, reinforced by the coronavirus pandemic. What will the Government’s response be if this Bill goes through without such safeguards, but if the Welsh, Scottish and Northern Ireland Governments insist on such provision?

Will the Minister also confirm that nothing in this Bill relating to sustainable farming will be used to dissuade farmers from diversifying in order to maintain viable income levels, and that nothing in the Bill will be used to hinder farmers in supporting efforts to decarbonise our economy? Will the Minister also give an assurance that the creation of a British market will not be used to undermine initiatives taken by the Welsh Government to maximise local procurement and support local processing of food to gain maximum economic benefit locally from its production?

I shall raise issues at later stages concerning the mechanics of enabling Wales to control its own farming. For now, finally, will the Minister confirm that, under this Bill, the Governments of Wales and Scotland will be treated as equal partners with Westminster in all agricultural issues that have a UK or international dimension?

Agriculture Bill

Lord Wigley Excerpts

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

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

My Lords, I will pick up a theme started by the noble Earl, Lord Devon, when he mentioned the importance of this Bill. This is an absolutely vital Bill—a watershed Bill in British agricultural terms. It is going to be a template for the future, very much as the 1947 Act was a template for farming for about 50 years. It is a privilege to be allowed to take part in these proceedings, which demonstrate how important it is for the Government to get the Bill absolutely right, because it will set the tone for farming for many years to come.

The noble Earl, Lord Devon, was also right to question the wide spread of the Bill because the wider the Bill is spread, the less money there will be to go around, and important projects could well fall by the wayside. I too urge the Minister to clarify exactly how far this Bill is going to spread, whether reservoirs are to be included and whether the whole of forestry is to be included. There is a definitional problem here as far as I can see. In Clause 1(1) we talk about woodland and in Clause 1(2) we talk about forestry. Do these mean exactly the same things? I hope the Minister can be clear about that before we move to the next stage.

I added my name to two amendments in this group and I will first talk to Amendment 37, moved by my noble friend Lady McIntosh of Pickering. I was attracted to this amendment because it refers to

“protecting or improving the management of landscapes”.

Farmers do not exist in isolation but within a landscape, and farming is absolutely crucial to that landscape and its productivity. I am a great believer in multi-functional landscapes. There is no such thing as the average farmer: farmers vary hugely, as does the soil on which they farm. What is able to be grown in one field could be very different from that grown in an adjacent field, perhaps because the soil has changed from green sand to heavy clay and there are two different products to deal with it. Farming is therefore a much more complicated business than a production factory.

The idea of landscapes is gaining momentum, as the noble Lord, Lord Greaves, said and I agree with him on this point. The key factor in making landscapes work sensibly is to work on a big, cohesive basis. The Minister knows a lot about the great success of the Northern Devon Nature Improvement Area, which is a template for how such projects could work. It is working on a water catchment area, as the noble Lord, Lord Greaves, said, and it brings farmers and other users of the countryside together to get the right policy for that area.

Amendment 7, which is a probing amendment, concerns growing crops for biofuel. There is potentially a very big future market for farmers growing bioenergy crops such as miscanthus for carbon capture and storage. I would not want them to be unable to obtain taxpayers’ money, considering the public good they would be doing. Can the Minister confirm that bioenergy crops are also included in this ambit?

Turning to Amendment 67 in the name of the noble Lord, Lord Teverson, I like the idea in principle of trying to attach the rewards of this Bill to the Environment Bill. Of course, there is a fundamental flaw in the noble Lord’s proposal. If, for instance, he had a farm that was subject to a tier 3 grant in a nature recovery area, he could well be signing up purely to get the money. If I were farming outside that area—not a nature recovery area—but wanted to increase my songbird population, I would be excluded by the noble Lord’s amendment. I hope the Minister will take up this point because it is key to the success of this Bill. We have to enthuse the farmer: I would much rather the farmer was enthusiastic about biodiversity and improving the ecology and the soil—wanting to spend the time doing it—than in the scheme purely in order to get the grants.

[Lord Wigley (PC) [V]]

I am happy to follow the noble Earl, Lord Caithness. I certainly identify with his comments on the 1947 Act and its significance. God help us if agriculture went back to the state it was in in the 1930s. There needs to be a reliable, transparent and dependable framework which our farmers and everyone involved in the countryside can depend upon. I draw attention to my interests as declared in the register.

This Bill applies primarily to England, although Wales will also come within its scope until such time as Welsh Ministers decide to have our own legislation. As the noble Lord, Lord Bruce, mentioned a moment ago, Amendment 66 addresses the question of the relationship between Wales, England, Northern Ireland and Scotland and the new regimes that will emerge. In the context of the European Union, there has been a framework for some understanding, whereas at the moment, unless some mechanism is brought in, there is a danger of us not having such a framework. My Amendment 66, which is in this group, attempts at least to flag up this question and seek an answer. This issue is probably better addressed later in the Bill, when we have already dealt with provisions relating to Wales—Schedule 5 and Part 7. Amendment 290, in the name of the noble Baroness, Lady Jones of Whitchurch, is probably a better point at which to address it. None the less, my amendment gives the Minister an opportunity to explain the initial thinking on it.

I agree with what was said in introducing the first amendment about the need for certainty and clarity. We need transparency regarding what exactly is going to replace the existing regime. The CAP can rightly be criticised for being expensive and bureaucratic, but it had one benefit: it brought certainty. It is important that farmers and others have certainty. In order to invest in the land, they need long-term certainty. We need to investigate that issue in Committee.

I also accept entirely what the noble Lord, Lord Bruce, and others said about less favoured areas. We need clarity and certainty there, too, because they depended so much on the European regimes. I support the noble Baroness, Lady McIntosh, on the question of reservoirs and water storage—an issue that might become even more important, given the climate change dangers we are facing. Having said this, many of these issues will be discussed in greater detail in considering later amendments, so on that basis, I will curtail my remarks at this point.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Wigley. I will speak to my own Amendments 8, 22, 25, 31 and 50, which all relate to the issue of air pollution. I also support the amendments signed by my noble friend Lady Bennett of Manor Castle and Amendment 37, on pasture-fed grazing livestock systems, in the name of the noble Baroness, Lady McIntosh of Pickering.

In this clause, there is near-unlimited potential for amendments, so we should all be commended if we manage to stay focused on our most pressing issues. As I said, the main focus of my five amendments in this group is on reducing the air pollution that results from farming and from land management, and on recognising the benefits of doing so.

Agricultural activities are a critical source of air pollution in rural areas—not just the fumes from machinery but the chemicals, slurries and manures that are applied to the land. Reducing this air pollution would obviously be of great benefit to the people who live and work on and around the land, but it would also benefit nearby towns and villages while reducing the accompanying smells. In most cases, farming-related air pollution is not an inevitable by-product of farming activity; it is in fact a huge waste of resources. For example, the offgassing of ammonia and nitrogen gases is an escape of nutrients that would be much better off retained in the soil.

--- Later in debate ---

[The Earl of Caithness [V]]

In introducing the amendment, the noble Lord, Lord Addington, said that farmers would have to get paid to do all these good works in the future. We should pause and thank all the many farmers doing exactly these now without any money at all from the Government. They are doing it of their own free will because they love the land that they farm—they might have been farming it for generations—and the biodiversity and nature that goes with it. We must pay them a big thank you for continuing the work.

The noble Lord, Lord Addington, jogged my mind. It slightly irks me that we paid farmers to take hedges out and destroy landscape and biodiversity. We are now going to pay the same farmers to put those things back. It is worth remembering that a lot of farmers did not take out any hedges and kept the biodiversity but got no money at all for that.

I put my name to Amendments 65 and 106 and I was pleased to do so. Amendment 65, tabled by my noble friend Lady McIntosh of Pickering, would add the words,

“agriculture, horticulture and forestry in England”

to the end of Clause 1(3). At the moment, the wording just stops at “England”. It seems logical to put the words in the amendment into the Bill.

While I am on forestry, my noble friend Lord Gardiner did not say on the first amendment—I am not surprised —what he actually means by “woodland” and “forestry”. Are they the same or two different things? If there will be grants for help for forestry and biodiversity, presumably there will be no grants for people planting vast acres of Sitka spruce, which are biodiversity unfriendly.

Forestry also raises another issue covered by Amendment 106: who gets the benefit of these payments of public money? I will focus on tenant farmers, as my noble friend Lady McIntosh of Pickering did. When I was a land agent, my experience was that pretty well every tree was not in the tenancy agreement; it belonged to the landlord. Tenants were not allowed to plant woodland. That was excluded and outside the tenancy agreement.

We have an imbalance here and two different classes of farmer. We have the owner-occupier, who can do everything on their own land, and the tenant, who will be severely restricted. Who will get the benefit from these payments? If the tenant signs up to a scheme, I know many landlords who will say to them, “Thank you; I’m glad you signed up to that scheme. I’m glad you’re getting the money. Your rent is now going to increase and I’m going to take most of that money from you because you can afford to pay it.” Who will get this money? Is there a way one can incentivise tenants to do these schemes and reap the benefit that they deserve for putting the risk, capital and expertise at stake in doing so?

[Lord Wigley [V]]

My Amendment 94, which I will speak to solely, addresses a central weakness in the Bill, identified in this debate and the preceding one: the open-ended nature of the powers given to the Secretary of State under Clause 1, which states that money can be used for

“managing land … in a way that … improves the environment”,

or cultural heritage, or mitigating climate change, or improving the health of livestock, presumably including racehorses et cetera. That strikes me as far too open-ended an approach in a Bill that is, after all, an agriculture Bill.

Therefore, later in Clause 1, at page 3, line 12, I propose that these words be added:

“‘land’ means land that is used for agricultural, horticultural or forestry purposes or which is intended to be so used, or used for purposes ancillary to those functions.”

That gives a clear definition, to my mind, of the purposes of Clause 1(1). Without something along those or similar lines—no doubt the wording could be improved—it is far too open-ended. Although the present Minister and Secretary of State would want to work within the confines of the Bill, once it is on the statue book it will be open to all sorts of abuse. I do not think that is the intention of an agricultural Bill and that is why I propose this amendment.

[Lord Carrington (CB) [V]]

My Lords, I declare my farming and land-owning interests, as set out in the register, in particular my receipt of basic payments over the years. I support Amendments 2, 3, 15, 20, 23, 36, 64, 85 and 106, which aim to concentrate this agricultural Bill on farming, horticulture and forestry, with the associated aims of encouraging sustainable farming, strengthening food security, and improving animal welfare, access and the environment. However, we need to consider the starting point and existing situation, if the Bill is to succeed.

Currently, farmers are governed by the CAP and receive area-based payments. Figures show that 25% of farmers are profitable without the BPS. Direct payments account for around 58% of average farm businesses’ income. Figures rise for both beef and sheep. Although it is accepted that area-based payments are going and that payments will be made in exchange for public goods, there is little understanding among farmers of what this means. This is not helped by the almost complete lack of detail. Only 10 days ago, I received the policy discussion document on environmental land management schemes. It says all the right things, but clearly demonstrates how much more is to be done. The low take-up of current environmental schemes is due to them being both complicated and bureaucratic.

Farmers are not a homogenous group of wealthy landowners; nor is land homogenous. Farmers have very different levels of education and expectations of life. The Bill will shock most of them, because so much detail is missing and may not be available until 2024. This brings into question the Minister’s statement that there is a seven-year transition period. We will be clearer about what we are transitioning into only after 2024, which makes it a four-year transition by some definitions. Many farmers will just close their eyes and continue to farm as they know best.

For the Bill to be a success, there needs to be a high take-up of the new ELM scheme, otherwise farming profitability will sink, farmers will go to the wall and important farming skills will be lost. To avoid this awful scenario, ELM details are essential as soon as possible. In particular, we need to know how much farmers will be paid. Area payments have worked well, in the absence of any other reliable measurement, so do not discount them, although they sound like winding back the clock.

Agriculture Bill

Lord Wigley Excerpts

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

[Lord Inglewood (Non-Afl) [V]]

My Lords, having had the opportunity to read last Thursday’s part debate, I cast my short remarks in general terms. When I read what was said on that occasion, I was reminded of what my father said to me many years ago: real farming—that is, responsible farming—is farming with the grain of nature, because farming, agriculture and forestry are about cropping, not quarrying. This is why soil fertility matters, whether impoverishing the soil or treating it in such a hard way that the topsoil might blow away, as I understand has happened in parts of the Fens.

It is not as though some help, of an appropriate sort, cannot be applied. After all, there is a difference between a sensible and responsible application of fertilisers and certain pesticides to unlock the soil’s potential and simply using the earth as a kind of binding agent—a chemical mixture from which crops are derived. The same general approach applies to animals. I have considerable sympathy with proponents of organic farming, but if you have animals there are occasions when you simply have to use antibiotics, as we do on my farm.

All this shows that there is an interconnectedness in good farming practice, which brings us to questions of agroecology and agroforestry. Again, it is all a matter of integrating land uses and techniques, which is why agroecology is so important. Different uses on the farm need to complement each other in an ecologically and economically sustainable balance. I cannot see that there is any alternative but to have a degree of bureaucracy, because every farm is different.

In particular, I will touch on the espousal of agroforestry by the noble Baroness, Lady Young. It is important that we are clear, in this wider context, about the difference between trees, woods and forests. In particular, trees, copses and belts are important parts of farms, while forestry and large woods are something slightly different. Of course, the noble Baroness is an enthusiast for wood pasture. That is a very tricky one, because once you introduce stock, unless it is at a very low density, the trees get destroyed. In the north of England, where I come from, wood pasture has been very badly damaged by the introduction of livestock. It will cost a considerable amount of money to reinstate it, which is not to say that that is not the right thing to do.

All this is about human intervention in the workings of nature. If we do not run with nature’s grain, we shall destroy our countryside and degrade its products, which, as a number of noble Lords have said, are what we eat. That is why we must treat these things with such care. I suspect that the golden rule is that we must not be greedy. Of course, that includes the state, which must recognise that all of a farm’s outputs, as the noble Lord, Lord Krebs, commented last week, are important in whatever form they come.

[Lord Wigley (PC) [V]]

My Lords, I draw attention to my registered interests in agricultural matters and my membership of the Farmers’ Union of Wales. I give enthusiastic support to Amendment 259 in the name of the noble Baroness, Lady Finlay of Llandaff, to which I have added my name. I pay tribute to the excellent work that she has undertaken on these matters, as indeed has the noble Lord, Lord Patel, who spoke with similar professional authority earlier in this debate last week.

My support for the amendment arises for three reasons. The first relates to the very real dangers of disabilities being triggered by exposure to chemicals among children, including babies in the womb. As an MP, I served for 11 years as vice-chair of the All-Party Group for Disability, working closely with the redoubtable Jack Ashley on these issues, not least regarding thalidomide. That experience taught me that we must always be guided by the precautionary principle. If there is any doubt whatever about possible ill effects of herbicides and pesticides, they should be banned unless and until it is proven beyond doubt that they are safe, not only for human beings, but for animals.

In this context, I respectfully disagree fundamentally with the noble Viscount, Lord Trenchard, the last speaker in this debate on Thursday evening. The break has allowed me to study his precise words. He said that leaving the European Union gives us the opportunity to develop our own food standards, avoiding the

“unnecessary and costly burdens on farmers”

because of EU regulations,

“which rely too much on the precautionary principle”.—[Official Report, 9/7/20; cols. 1324.]

I fundamentally disagree with this approach and invite the Minister to indicate whether the Government will distance themselves from the noble Viscount’s remarks.

My views are coloured not just by my involvement with disabled children. I have previously referred in the House to my late cousin, Owen Wigley, a Minnesota farmer who died from a condition that his family are convinced was triggered by exposure to the weedkiller Roundup, which is the subject of a raft of court cases in the United States. I have seen the devastating impact on the natural environment in my home area, where use of such chemicals in too strong a mix, which had not been adequately dose controlled, as the noble Baroness, Lady Finlay, mentioned, had the effect of wiping out all plant life in a field for a whole season, leaving it unusable for agricultural purposes. My wife also had a relative, a farmer in Wales, whose close family was convinced that his health suffered enormously from the effect of such chemicals in sheep dips. When I was an MP, I had a constituent whose family were convinced was severely disabled from exposure to such sheep-dipping chemicals.

Thirdly, I add my voice in support of the need to safeguard the process of pollination. The vital contribution of bees and other pollinators to our wildlife is fundamental to the survival of our natural environment and, in turn, humanity itself. This amendment provides an opportunity to place a responsibility on all engaged in the production of food to have a proactive awareness of these dangers at the forefront of their minds, and for the living world to be protected from such dire consequences.

If we are, rightly, to place such responsibilities on our food producers in these islands, they must also, most assuredly, be criteria against which the standards of all imported food should be measured. Products that fail to meet the required standard should be denied access to UK markets. I was so glad to hear the noble Lord, Lord Burnett, highlight this. I urge the Government to accept Amendment 259.

[Baroness Quin (Lab) [V]]

My Lords, a number of amendments before the Committee refer to nature-friendly farming in general. Others refer to specific activities within nature-friendly farming. While each of us may know what we mean by that, and the kind of schemes that we would favour, a comprehensive definition of what it means is more challenging. Amendment 96 certainly makes a good attempt to define “nature-friendly”; I support it, and the remarks made by the noble Earl, Lord Caithness. However, there are clearly different views, with some favouring low-input farming, some talking about agroecology and some about organic farming. Others favour conventional, or intensive, farming, sometimes combined with a precision approach and with generous field margins and set-aside schemes. These would create habitats for particular animal, bird or plant species and could, therefore, also qualify as nature friendly.

Like other noble Lords, I was struck by the figures quoted by the noble Duke, the Duke of Wellington, showing that the UK seems to be moving away from organic farming, in the opposite direction to many of our European neighbours. What is the Government’s view of this trend? Do they want our organic sector to expand and, if so, by how much? Perhaps, as the noble Lord, Lord Lucas, pointed out, soil quality is one of the key aspects to take into account in deciding what nature-friendly farming is. Do the Government agree that monitoring soil quality, then acting on those findings, needs to be done? Do the Government have their own definition of nature-friendly farming, or will they limit themselves to funding schemes judged to be nature friendly or, as has just been said, working with the grain of nature.

I turn, finally, to the main point on which I would like assurance. Will the Government commit to taking a regionally sensitive approach in England to supporting eligible projects and schemes under the Bill? The noble Lord, Lord Greaves, spoke about the distinctiveness of the natural environment in his part of the north of England. He mentioned the curlew, a bird which is the symbol of Northumberland National Park. I declare a non-financial interest as president of the Northumberland National Park Foundation. I am glad to tell the noble Lord that, during lockdown, I have seen many curlews in the river estuary in my locality. I hope that the Government will agree that working with regional and local wildlife trusts and other environmental organisations, as well as with farmers in the different regions and localities, will be important in evaluating schemes and identifying which species of animal, bird and plant life are under threat in particular areas.

To conclude, I ask the Government to ensure that regional diversity is built in to their overall policy of ensuring that agricultural and environmental policies work hand in hand.

Agriculture Bill

Lord Wigley Excerpts

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

[Lord Cameron of Dillington [V]]

My Lords, I have added my name to Amendment 131 because of the worry that political short-termism could interfere with what is a very long-term and often unstable industry. In farming, when you buy a bull, you are not likely to sell the progeny of that animal for at least three years. If you buy a dairy calf, it is two years before it produces its first litre of milk. If you invest in projects such as a new grain building or new milking equipment, you are likely to be taking out a 15-year mortgage, so that enterprise has to last for 15 years before you start to get any real return.

All this means that it would be incredibly helpful if you had a long-term perspective from whatever Government are in power or will be in power; you need a degree of certainty that the rug will not be pulled from under your feet after only five years. Of course, no business expects to operate in a world of total certainty, but farmers have enough uncertainty as it is without Governments removing key building blocks at short notice. Not only do we farmers get floods, droughts, pests and diseases, but our farm product prices sometimes literally halve overnight, dropping some 20% to 30% below the cost of production. It is difficult to make a decent living from a small farm.

All I am saying is that I think we owe it to our farmers to take government backing for agriculture, in whatever form that currently happens to be, out of the five-year political cycle and allow farmers the comfort of a seven-year, multi-annual financial plan. I realise that no Parliament or Government can bind their successor, but it would be politically much more difficult for them to change the rules if a seven-year term for a financial plan were in this Bill.

[Lord Wigley (PC) [V]]

My Lords, I very much agree with the noble Lord, Lord Cameron, when he spoke a moment ago about the dangers of short-termism. That issue is vital when we are talking about long- term investment. I draw attention to my registered interests.

I have put my name to Amendment 134, tabled by the noble Baroness, Lady McIntosh. It requires financial provisions to be linked to strategic priorities, addressing the same issue as that referred to by the noble Lord, Lord Cameron, and the noble Baroness, Lady Ritchie. The central message of this and other amendments in this group is to ensure that the good purposes in the Bill and as committed to by Ministers at the Dispatch Box are tied to the financial mechanisms—that one links to the other, and there is certainty.

The lead amendment in this group, Amendment 105, moved by the noble Lord, Lord Grantchester, focuses on the need to ensure adequate finance—specifically, no less than has been provided in the recent past. Given our present economic plight, it is clear that assurances along these lines are very much needed.

Amendment 112 deals with carry-over, as does Amendment 128, in the name of the noble Baroness, Lady Rock. This question is one that we really need to give some attention to. We had difficulties in the National Assembly, as it then was, in Cardiff a few years ago when the Welsh Government very sensibly arranged not to spend money at year-end for the sake of it, but to carry it over into a consolidated fund for strategic purposes. That money was immediately taken back by the Treasury. If ever there was an example of short-term thinking and punishing people for sensible approaches to financial planning, that was it.

Maintaining the level of cash support for agriculture is clearly regarded by the farming fraternity as a key issue. A plethora of general commitments may well have been given to assuage their fears, but we need a specific commitment in the Bill, if possible. That is why I believe these amendments are important for the House.

[Baroness Jones of Moulsecoomb [V]]

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

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

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

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

Agriculture Bill

Lord Wigley Excerpts

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

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie. I very much support her points. She can add my name to the list of those she mentioned as supporting her amendment. Again, I declare my registered interests, as I did in earlier Committee debates.

Government Amendment 209, on identification and traceability, which recognises the need to work with the devolved Governments, is of course welcome. I know that this provision was requested by Welsh Ministers. However, this group of amendments goes way beyond identification and traceability. As I indicated in the debate on the very first group of amendments in Committee, I acknowledge that my Amendment 291 sits more comfortably with Amendment 290 in the name of the noble Baroness, Lady Jones of Whitchurch, which proposes an agricultural co-ordination council; perhaps we will hear the arguments in favour of that later in this debate.

In fact, that amendment then stood as the lead amendment of a group that lent itself to such a purpose. Tacking Amendments 290 and 291 on to government Amendment 209 makes less sense, but we are where we are. However, I very much add my support the comments of the noble Baroness, Lady Finlay of Llandaff, the noble and learned Lord, Lord Hope, and the noble Lord, Lord Hain. The theme has already begun to emerge and it goes way beyond Amendment 290.

None the less, the general setting in which these two amendments arise represents a dimension much broader than the agricultural setting. The issue of a UK single market replacing the European single market goes to the heart of the relationship between the four nations of these islands. If Westminster gets this wrong, it will have far-reaching constitutional implications. However, addressing the issue in an agricultural context is a good starting point.

As the noble Lord, Lord Hain, emphasised a moment ago, the whole rationale of devolution was to create political structures that can facilitate different policies in different parts of these islands, responding to the different needs and circumstances that exist. That is most certainly the case in the context of agriculture. Because of our mountainous terrain in Wales, the nature of our agriculture is different from that of England, as indeed is much of the farmland of Scotland. Northern Ireland is again different, with its links to the Irish Republic and into the European single market. Our farming in Wales is much more dependent on the livestock sectors—sheep, beef and dairy farming. Unless a free trade agreement can be reached before the cliff edge of 31 December is upon us, our departure from the EU will have absolutely devastating effects on our agriculture, particularly our hill farms, as has been mentioned in several debates in this Committee.

It is totally inconceivable that any Welsh Government of any party or combination of parties would stand by and allow the devastation of our rural life that would ensue. They would be expected to intervene—that would be a political imperative—but, of course, intervening to help Welsh agriculture in such dire circumstances would inevitably have a knock-on effect on agriculture in England and Scotland. Likewise, initiatives by Westminster to help any particular sector in England would have consequences for the other three devolved regimes, so there must be a framework mechanism for the UK single market. On that much we are probably agreed across this Committee.

The problem is to determine the nature of that mechanism; that becomes a political question. The nationalist Benches in the other place are sometimes taunted that we are happy to see our nations conceding power to a European single market but not to a British single market. That gibe ignores the geopolitical reality within the UK compared with that within the EU. If all the rules and priorities within the EU single market were dominated by a single member state—Germany, say—and the German Government had a veto over all other member states, the EU single market would have long since collapsed.

Our fear, shared among many and across parties in the devolved Parliaments of Wales, Scotland and Northern Ireland, is that England will insist on determining the policies and priorities of the UK single market at the expense of the ability of the devolved Governments to secure and implement policies needed by their own people—in this case by their own farming communities.

To that extent, Amendment 290 provides a requirement for unanimity between the four Governments in making any changes to the framework; that is welcome. It had been my hope that by the time we were debating these issues in the context of this Bill we would have made progress on the general trading structures alongside which any agricultural provision has to exist. We are not there yet, though there may perhaps be a greater indication of government thinking before we get to Report on the Bill. We may therefore need to come back to it.

In conclusion, I press upon the Government to approach this whole issue from the viewpoint of seeking an agricultural framework compatible with a broader framework of relationships between the four nations of these islands and to accept that, if there is to be a stable ongoing relationship, it has to be based on a partnership of equals. A larger population does not give any nation the right to impose its policies on all others, or we would now be acknowledging that China—by dint of its size—has a right to impose its will on the international order. A framework solution within the UK will inevitably have some form of federal or confederal relationship between the nations of these islands, based on transparent and equitable mechanisms and underpinned by mutual respect, not population size.

I hope that, by the time we come back in September, the Government will have developed their thinking along these lines. If they do not, it bodes very badly not just for co-operation within the agricultural dimension but for the future constitutional outlook of the four nations of these islands.

[Baroness Jones of Moulsecoomb [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Wigley. I will keep my comments very brief. I have already spoken to similar Amendments 147, 148 and 154, highlighting the risk of these potential cost-cutting and corner-cutting clauses—but I welcome the opportunity to prompt the Minister to reassure me, as he so often does.

Agriculture Bill

Lord Wigley Excerpts

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

[Lord Hain (Lab) [V]]

My Lords, I thank the noble Baroness for her comments, specifically those on Amendment 212, standing in my name and that of my noble friend Lord Wigley, which seeks to

“provide for repatriation of the levy collected in the United Kingdom supply chain to the devolved administration of origin.”

The agricultural processing sector in Wales, from whence I am speaking, is relatively small in comparison to the agricultural output of Welsh farms. The red meat sector is the predominant agricultural activity in Wales, and the processing facilities servicing this sector are strategically placed throughout the UK to maximise accessibility in a system that is heavily reliant on roads and HGV transportation for the movement of livestock.

With levy funding allocated according to place of cull rather than an animal’s point of origin, the centralised processing system disadvantages farmers in Wales. Furthermore, key products such as Welsh lamb and beef, which benefit from the protected geographical indication status—PGI—and derive a greater market share due to this status, are culled in other areas of the UK. It is these locations, not Wales, that receive the levy funds. This imbalance, driven by the streamlining and consolidation of the red meat processing and supply chain sector, is causing additional stress on a red meat sector already under significant financial strain in Wales. Levy Boards, with their increasingly important role in promoting the food products of Wales and working with the agricultural sector to improve efficiency and profitability through knowledge and best practice, should receive an equitable share of levy funds that allow them to work effectively in their respective areas of the UK.

As the UK seeks to negotiate new trade deals with other nations, it is the successful marketing and promotion of our flagship products in Wales, such Welsh lamb, 92% of which is currently exported to the European Union, that could deliver transformational change for farmers there. It would be unfortunate if these opportunities could not be delivered due to a poorly structured levy funding mechanism.

The issue of fair levy funding dispersal is also an important consideration when looking at the delivery of sustainable food production in the UK, a point referred to in passing by the noble Baroness, Lady Jones. A proportionately funded levy body could look beyond helping farmers and the supply chain with economic performance towards a focus on environmental and social considerations, especially sustainability.

Looking further ahead, we would all like to see a food supply chain based around local production, processing and consumption; that would provide potential benefits not only for the farmer but for the climate change mitigation agenda, which is so crucial. That is the long-term goal. In the meantime, having resources allocated fairly to the levy bodies will enable them better to support our agricultural producers as they move towards economic and environmental sustainability. I hope the Minister will accept this amendment and indicate that when he comes to reply.

[Lord Wigley (PC) [V]]

My Lords, I am happy to support the amendment moved by the noble Baroness, Lady Jones of Moulsecoomb, and I agree with her comments. I also agree particularly with the noble Lord, Lord Hain, about the sectoral challenges in Wales and the importance of the facilities being available and of directing, as far as possible, resources towards sustaining them.

Slaughter being located close to the point of production is important from the environmental point of view and indeed to sustaining employment in rural areas. This has been challenged in recent years by a number of economic factors which have tended to favour moves towards centralisation. The question of the resources available from the levy has been a burning issue in Wales. I am convinced that Ministers are aware of that; indeed, the Government have acknowledged it. It is therefore important that a guarantee be put into the Bill regarding the availability of such a levy to Wales, as well as to other locations where beef slaughter takes place. For these reasons, I strongly support the amendment.

--- Later in debate ---

[Lord Wigley [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Finlay of Llandaff, and I agree very much with the points that she has made. They underpin the reason I added my name to Amendment 255, in the name of the noble and learned Lord, Lord Hope, who spoke earlier. The points made by the noble and learned Lord and the noble Baroness, Lady Finlay, very much come together in the context of this amendment and this part of the Bill.

Earlier today, we started with a debate that was carried over from late on Tuesday evening. We discussed the relationship between the Governments of these islands, the way to secure a harmonious relationship within the UK single market and the need to get a framework for that purpose. The response that we got from the Minister to that debate, and particularly to the points that I raised at some length on Tuesday evening, was, quite frankly, non-existent. It is not good enough to say that we can have a semi-ad hoc working relationship between Ministers and that they will come together and sort things out. There has to be a formal framework.

I accept that the Minister, who replied to the earlier debate, might not be in a position to bring forward those proposals at this point, but in the light of points made by the noble and learned Lord, Lord Hope, the noble Baroness, Lady Finlay, and others, I press him very strongly to give a commitment at the end of this debate that, between now and Report, the Government will seriously look at some practical working framework arrangement that can be agreed between the four Governments and that meets the sort of practical difficulties that have been pinpointed in this series of debates.

I believe it is important to get that sorted out now and not to find further down the road that we are in an almighty mess and that unnecessary tensions have built up which threaten to undermine the structures that we are currently so keen to construct for a harmonious working of the agricultural market within these islands.

[Baroness Henig]

I am very pleased indeed to speak after the noble Baroness, Lady Finlay of Llandaff, and the noble Lord, Lord Wigley. This is a very wide-ranging set of amendments in this group: it covers food labelling, climate change and greenhouse gas labelling, marketing standards—including the importing of wine—and a geographical indications scheme. That is pretty wide-ranging, it seems to me.

However, I only wish to speak to Amendment 256 on standards. I have added my name to it and was happy to be able to support the noble Baroness, Lady McIntosh, on it because, as she said earlier, she and I—together with the noble Baroness, Lady Jones—pursued the issues of high-quality food and high standards of animal health, welfare and hygiene in the context of the Government’s Trade Bill last year. We were very pleased eventually to get a form of words agreed with the then Minister, which were included in the Bill. Amendment 256 is very much based on that amendment that was agreed last year.

Therefore, I am rather disappointed that we now seem to be back to square one, with the Government once again talking about the importance of high standards in these important areas but refusing to turn these words into any form of legislative commitment. We know how widespread and strong public support is across the United Kingdom for our existing high standards of animal hygiene, health and welfare and for high-quality foodstuffs. I could cite any number of public surveys on these issues, and they all show strong public support for the existing United Kingdom regime and high levels of opposition to cheap food imports from abroad reared without regard for animal health or hygiene and often, as we know, in extremely insanitary conditions.

It is not often that I have to tell the House that I have found myself in full sympathy with both the National Farmers’ Union and the Mail on Sunday. However, on this issue, I am at one with their campaigning and, clearly, so are well over a million of my fellow citizens, who have signed their petitions.

It is very clear to me—though I am sure the Minister will deny it—that the Government are pursuing two incompatible goals. They are expressing their verbal support for high food and animal hygiene and welfare standards, but at the same time they are pursuing trade deals with the United States and potentially other countries whose farm lobbies are working aggressively to open up new markets in the United Kingdom for their inferior but cheaper products.

I thought that the issues this raised were put extremely well by a Conservative former Cabinet Minister in the other place—again, I do not often agree with former Conservative Cabinet Ministers but, on this occasion, she said something that rang absolutely true. She said:

“Exposing our farmers to uncontrolled competition from lower-cost, lower-welfare imports would not only undermine our commitments on protecting the environment and on the compassionate treatment of animals, it would have a huge impact on the rural economy. There is a great risk that many livestock businesses could go bust across the country.”


I could not agree more and, in fact, the noble Baroness, Lady Finlay, said something very similar about Wales. Is this risk something that the Minister is prepared to countenance as the new agricultural framework takes shape?

A further serious issue for the Government in relation to standards has also just been raised. Northern Ireland, as we know, will remain in the EU’s single market and customs union, so its standards will be protected. However, Scotland is not in this position, much as it would like to be. There is no way that the Scottish Government will agree to any trade deal that allows for the reduction of existing food and animal welfare standards. The United Kingdom Government have the power to negotiate treaties, but they have to work with the devolved Administrations to implement those provisions, and I can see serious differences developing here, which would inevitably drag the devolved Administrations further away from London. Hence, I very much support Amendment 263A.

I fully understand and respect the Government’s determination to ensure that their ability and flexibility to negotiate trade treaties in the best interests of the United Kingdom is not undermined by legislative provisions. The noble Lord made that point in his letter to noble Lords after the Second Reading debate. Of course, the problem is that the great majority of people in England and the devolved Administrations do not believe that lower food and animal welfare standards are in the best interests of the country, and that is where the problem lies. This issue of standards is not going to go away; it will continue to be a big issue and I am quite sure we will return to it on Report.

--- Later in debate ---

[Baroness McIntosh of Pickering]

My Lords, it gives me great pleasure to follow the noble Lord, Lord Hain, and I endorse the comments of the noble Lord, Lord Foulkes of Cumnock, on his Amendments 264 and 265, which I was delighted to sign. I endorse his sentiments and hope my noble friend will look favourably on his amendments, particularly Amendment 264, in much the same vein as I support my noble friend Lady Neville-Rolfe’s Amendment 257. I think it is essential there should be proper consultation with the relevant interested parties before regulations are adopted, as I will set out. For the same reason, I support Amendment 265, in the name of the noble Lord, Lord Foulkes. I am sure my noble friend will agree that this is a genuine oversight and I hope she will look favourably at approving these or similar provisions before the Bill leaves the House. I also associate myself with Amendment 269, which is incredibly similar to the provisions in my Amendment 256, which was supported by other noble Lords: I would like to see the same apply in Wales as in England and other parts of the United Kingdom.

[Lord Wigley [V]]

My Lords, it is a delight, even at this late hour of the night, to follow the noble Baroness, Lady McIntosh. I very much agree with the points made by the noble Lord, Lord Foulkes, and particularly, of course, with the points made by the noble Lord, Lord Hain, on Amendment 269, which also carries my name.

There are many threats facing agriculture in Wales and in the other parts of the United Kingdom at this time, but there are also opportunities, and to grasp those opportunities to the full we have to build on the reality and the understanding of the standard of food we produce. Therefore, we need whatever co-operation mechanisms that have to be brought forward to ensure that agriculture in Wales, as in other parts of the United Kingdom, is working to that agenda, and that the world knows that we are working to that agenda, and that food and food products from Wales and the UK will be seen in that light, and equally that those food products coming into the UK from agricultural regimes that are of a lower standard will be seen as unacceptable.

This is relevant not only in terms of the food itself—the content and the way it is manufactured—but also in terms of the impact that the process has on the environment. That will be an increasing consideration in all parts of the world when people come to judge the products of these islands. The policies we have in Wales, putting an emphasis on the needs of future generations, is particularly relevant in this context, and this group of amendments gives the Government the opportunity to respond on this issue and to give some certainty as to how they see these important elements being safeguarded.

[Lord Purvis of Tweed (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord and to agree with his remarks, and to agree with the noble Lord, Lord Foulkes. I support the need for consultation, for the good reasons outlined at the very beginning of today’s proceedings by my noble and learned friend Lord Wallace and the noble and learned Lord, Lord Hope, who is also taking part in this group.

Can the Minister clarify the status of the legislative consent Motion from the Scottish Parliament with regard to this part of the Bill? If he can give information about that, I would be grateful. Formal consultations are vital in this part of the Bill, given that the regulations made under this clause could have significant impacts on the design and implementation of support schemes in Wales and Scotland. What is the policy framework for the limits on the regulations?

The Government have said that the regulations are concerned with maintaining WTO compliance under the agriculture agreement; however, they can also allow for regulations made by a Minister serving in a capacity as an English Minister, but impacting Scottish and Welsh schemes for the benefit of English farmers. Given the need for a resolution of disputes between the appropriate authorities regarding the classification of domestic support, with the Secretary of State in effect acting as a final arbiter, clarification from the Minister on this point will be important.

As well as proposing individual limits on the amount of domestic support that may be given in England, Wales, Scotland and Northern Ireland, the Government will set the effective aggregate ceiling, which is more in line with the relevant national budget, to meet the AMS ceiling under the agriculture agreement.

I understand that the EU has successfully transformed its agricultural support under the CAP from the amber box to the green box under the agreement. It has been argued that this change has not been challenged by other WTO members to date because of the scale of the EU. We may not necessarily have that in future as a stand- alone, individual country, so what is the Government’s policy intent? How will we engage in negotiations with other countries, which may take a different view from the one they took with regard to classification and interpretation while we were a member of the EU?

Given that this could be very relevant in our trade negotiations, can the Minister confirm that these regulations will not be used as part of any trade deal with the US? Given that the US has a more relaxed interpretation of the schemes under the WTO box classifications, there is not a level playing field between the UK and the US. That provides the US with a competitive advantage. We operate a number of quality schemes that it does not, but the US insists that the WTO agreement is the ceiling; we do not. Under its recent agreement with China on poultry, for example, neither country will go beyond what the WTO has agreed. We do not take that position. Will the Government allay some concerns and state that we would not reduce any of the support schemes with regard to the viability, standards and quality of our markets—not necessarily changing primary legislation but the support schemes that ensure our market is of the highest standard? I would like reassurances from the Minister in that regard.

The Minister is a sincere man. We have had these discussions during the Trade Bill and no doubt we will in September. He has said there will be no changes to primary legislation. When I asked the Trade Minister recently whether any trade agreements going forward—not continuity agreements but new trade agreements—will not change any of the support schemes or statutory instruments regarding standards, he could not give that assurance. I would be grateful if the Minister could allay my concerns and state that these regulations will not be used to make a meaningful change to any of the existing standards and qualities that the Americans might see as uncompetitive.

Agriculture Bill

Lord Wigley 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.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am delighted to follow the noble Lord, Lord Wigley, and to support Amendment 270 in the name of the noble Baroness, Lady McIntosh of Pickering, to which I have added my name. I also support the other amendments in this group.

This debate on food and trade standards is one of the major issues in the Bill. It directly correlates with the debates we had last week on food security and insecurity. If we have strong food standards, as we do, and which we do not want undermined or undercut in any way, it therefore relates back to the issue of food security. The major issue then was that, as a result of Covid, many people were experiencing insecurity and an inability to access that sound food supply.

Like the noble Baroness, Lady McIntosh of Pickering, I welcome the establishment today of the Trade and Agriculture Commission. I welcome its official launch as it contains representatives from the farming unions and the hospitality sector throughout the UK, including the devolved regions. Where I am disappointed is that it does not have a statutory base, as referred to by the noble Lord, Lord Wigley, is time-limited and will simply report after six months. Like him, I see it as a staging post for the Government. It should be a means for the Minister, who has been very gracious in all his responses to us during the seven days of debate in Committee, to have talks within the usual channels and with ministerial colleagues in Defra on how they can put this commission into the Bill and give it the required statutory basis.

None of us, particularly our farmers and those involved in food production and the food supply chain, wants to be undermined by cheap imports of lower standards from other countries. Coming from Northern Ireland, I definitely do not want to see that. I know that the noble Lord, Lord Empey, has referred to the peculiar and different situation of Northern Ireland, which for agricultural purposes will still be subject to the state aid rules of the EU. In that respect, because there has been little movement on the development of the protocol, will the Minister have conversations with ministerial colleagues to find out what discussions have taken place between the Government and the Northern Ireland Executive, particularly the executive office, about not only the implementation of the protocol but what efforts are being made on a no-deal Brexit? What discussions have been taking place generally about Brexit? It is my understanding that, because of divisions within the executive office on policy and stances, such discussions have not yet taken place.

However, there is the facility of the Joint Ministerial Committee, which the noble Lord, Lord Empey, and I, along with former Ministers from the Northern Ireland Executive would be fully aware of. That would be a very good mechanism for ironing out difficulties because, at the end of the day, we want to see proper trade and agricultural standards right throughout the UK, and with our neighbours as well. But we do not want to see unfair competition or any undercutting of our farmers; we want to see good husbandry and the very best agricultural standards.

I want to see the commission become permanent, like it is in the United States, Australia and New Zealand. Any advice that comes from the commission should not be advisory; it should be binding on the Government, as is the case with the Migration Advisory Committee; and the commission should be independent of government. There is such a wide range of people already on it that it has the ability and capacity to do that.

In supporting Amendment 270 I thank the Ministers, the Front-Bench teams for the Opposition and the Liberal Democrats, and the Cross-Benchers, for all their work during these seven days. I thank them for their advice and support. I support the general thrust of the amendments on underpinning good agricultural standards. That is what we all want to see. I urge the Minister either to accept the amendment today, subject to the name change, or to come back with a revised amendment on Report, indicating that the Government are prepared to put this commission into the Bill and give it the statutory basis that is required.

Agriculture Bill

Lord Wigley Excerpts

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

[Lord Wigley (PC) [V]]

My Lords, I strongly support the comments of the noble Lord, Lord Curry; I am sure that the Minister will take good note of them. I wish to speak to Amendment 47, which stands in my name; it has been grouped with these amendments but does not sit all that comfortably with them. I thank the noble Earl, Lord Dundee, for his support for the amendment. I again draw the attention of noble Lords to my declaration of interests as a member of the Farmers’ Union of Wales, as well as owning a few acres of land in Wales.

This amendment addresses one of the issues that, I contend, any Minister exercising the powers in this Bill would have uppermost in his or her mind: the need to ensure a level playing field for farmers in the context of the financial support they may receive.

Yesterday, in the other place, the United Kingdom Internal Market Bill was given its Second Reading. When the White Paper that preceded the Bill was published in the spring, it referred to the dangers of diverging regulatory standards in each of the four home nations of the UK. From time to time, there will clearly be different approaches within the four nations, and there may well be policies to try to ensure that agricultural producers in one area receive different levels of assistance to compensate them for the negative effects of certain factors—in other words, to bring them up to a place where they can compete fairly, not secure unfair advantages over their competitors within these isles.

However, there is also a danger of which we have to be aware—especially those of us who advocate the freedom of our devolved Governments to pursue policies that help farmers within their territories, particularly hill farmers, as has been mentioned by several noble Lords during the passage of this Bill. There is all the difference in the world between securing a level playing field with common standards and securing unfair trading advantages. My party, Plaid Cymru, recognises the need for common standards but believes strongly that these should not be imposed by the centre regardless of the policies and aspirations of devolved Governments. These standards need to be developed and applied in an even-handed way that recognises the aspirations of all four nations and the policies they support.

The UK Government-led discussion on developing the internal market has largely revolved around the potential of regulatory divergence within the UK, but the reality within farming communities is surely a far greater concern about the dangers of unfair competition arising from the movement of agricultural produce across international borders into the UK, undermining farmers in all four home nations. There is widespread support for amending this Bill to safeguard agriculture throughout these islands against the importation of substandard produce from other parts of the world. Unfair competition does not arise solely from regulatory differences but also from differences in the level and type of state aid. That is reflected in the intense negotiations currently being held between the UK and the European Union in an attempt to define a level playing field.

There is of course an overwhelming wish across all parties in Parliament for a trade deal with the EU that maintains our access to European markets for agricultural producers, and that any deals with third countries or blocs of countries do not compromise our access to the massively important European market on our doorstep. There are two sides to the regulatory coin. One is the need to maintain standards and not have our farming industry undermined by a flood of substandard products from other parts of the world that undercut our own producers. The other is that our own farmers should not be unfairly penalised by the system of financial support operated in countries with which we compete, or the level at which such support is pitched. Such factors should not give farmers in other countries who compete in the UK market an advantage over producers in the countries of Britain.

Agriculture Bill

Lord Wigley Excerpts

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

Moved by

[Lord Wigley]

68: Clause 32, page 29, line 44, at end insert—
“provided that those functions do not extend to a geographical area or species outside the original remit of that body when established.”Member’s explanatory statement
The purpose of this amendment is to ensure that Clause 32, as included in the Bill, does not undermine the democratic answerability of the devolved administrations.

[Lord Wigley (PC) [V]]

My Lords, once again I draw attention to my registered interests. The amendment maintains the theme of devolved consideration and is a simple probing amendment, which I suppose I should really have tabled in Committee. But I shall not detain the House for any great length of time.

The purpose of the amendment is to ensure that Clause 32 does not undermine the democratic answerability of the devolved Administrations, which I am sure the Minister would never want to do. I shall try to spell out clinically the problem that this amendment tries to address. I have given the noble Baroness, Lady Bloomfield, notice of these issues to facilitate her response.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I thank the noble Lord, Lord Wigley, for his amendment, and I am very grateful to him for his advance notice of the points that he made. I will deal with Amendment 68A, in the name of my noble friend the Duke of Montrose, at the same time.

As the noble Lord, Lord Wigley, rightly observed, Clause 32 provides that the Secretary of State may assign functions to a body relating to, first, collecting, managing and making available information regarding the identification, movement and health of animals, and, secondly, the means of identifying animals. These functions are vital for the purposes of disease control, for complete movement traceability of all animals across UK borders and for UK trade negotiations with international partners. The meat and livestock sectors have championed this new service and are strongly supportive of it.

In Committee, we introduced a government amendment providing that the Secretary of State secure approval from the devolved Administrations for orders assigning functions exercisable in relation to Wales, Northern Ireland or Scotland to the AHDB, such as the handling of movement data shared with the AHDB by those Administrations. We have always said that we would engage intensively with the devolved Administrations prior to making any UK-wide orders.

The wording in Section 89A(2) of the Natural Environment and Rural Communities Act 2006, as inserted by Clause 32, requires the Secretary of State to seek approval from the devolved Administrations for making orders assigning functions exercisable in those Administrations. Where any such function is assigned, it will be following full discussion with, and approval from, the devolved Administrations. These discussions will give the opportunity for any further concerns to be raised. Therefore, any appropriate limitations on species covered or geographical extent for any function relating to identification and traceability of livestock will be specified in the order and, I repeat, subject to approval from the devolved Administrations.

Regarding how livestock traceability will work between UK Administrations, each Administration will run its own multi-species traceability service. Currently, there is a GB-wide service for cattle and a service for pigs in England and Wales, but in the future, traceability will be fully distributed. The Agriculture and Horticulture Development Board needs to be able to process movement data on animals that are not in England, or that have crossed borders within the UK, to provide a complete picture of an animal’s lifetime traceability in disease-control situations. This is termed “the UK view”. It will enable livestock identification and movement data collected by each Administration to be seen by others and to be available to veterinary officials in all UK Administrations. I hope that this reassures my noble friend the Duke of Montrose.

I take issue with the assertation by the noble Lord, Lord Rooker, that this Government do not do devolution. As the Lords’ spokesperson for Wales and someone who is proudly Welsh, I assure him, and the noble Baroness, Lady Wilcox, that we pay careful attention to preserving the devolution settlement in all three departments of which I am Whip.

The AHDB will also run the livestock unique identification service on behalf of England and Wales. This controls the issuing of official individual identification numbers to animals. All data will be handled in accordance with data sharing agreements and protocols agreed by all UK Administrations. No Administration will be able to use data outside the terms of that agreement.

My noble friend Lady McIntosh of Pickering asked about the status of the negotiations on the common framework. In the last debate, my noble friend the Minister said that the UK Government have been working closely with the Welsh Government, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and the Scottish Government, to develop a UK agriculture support framework. We expect to be able to agree this soon and we will update the House shortly.

I believe that this provides the assurance that the assignment of functions by the Secretary of State under this clause will be fully accountable to the devolved Administrations. With these assurances, and my belief that there is genuinely no clearing up necessary, I ask the noble Lord, Lord Wigley, to withdraw his amendment.

[Lord Wigley (PC) [V]]

My Lords, I am very grateful to the noble Baroness for her response, and to the noble Duke, the Duke of Montrose, the noble Baronesses, Lady McIntosh, Lady Northover and Lady Wilcox, and the noble Lord, Lord Rooker, for their input in this debate.

Quite clearly this is not a subject area where one is seeking controversy; rather one is seeking to resolve a practical problem which might arise if it is not planned for in a way that avoids such eventualities. There must be clear demarcation of responsibility for all four bodies within the UK that have various responsibilities in these fields. They have to know what their responsibilities are and how far they go. To the extent that from time to time there has to be some cross-border activity, by the nature of the market, there must be clear ground rules on who does what and who communicates with whom.

To the extent that the Welsh Government have indicated that they see a way forward on this, that is fine, provided that it is the same interpretation on the other side of Offa’s Dyke, and in Scotland and Northern Ireland in relation to their powers. If we can get a situation in which it is clear to all what their responsibilities are—where they start and where they end—we can avoid difficulties. If we do not, we will find ourselves in quite a complex situation with a lack of clarity with regard to responsibility.

I conclude with this. There is a saying, particularly in the farming fraternity, that good fences make good neighbours. In this instance, there has to be clarity, understood by all, on who is responsible for what fence and for what function. Having said that, I beg leave to withdraw the amendment.

Amendment 68 withdrawn.

--- Later in debate ---

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

My Lords, Amendments 69 and 89 seek the removal from the Bill of Schedule 3 and the reforms contained therein updating the law on agricultural tenancies. This is not because I am not in favour of agricultural tenancy reform. To the contrary, it is because I do not believe that this is reform enough. My proposed amendments therefore form a protest and express frustration at the modesty of the admittedly sensible agricultural tenancy reforms contained in the Bill.

As discussed at length in Committee and on Tuesday, agriculture is key to meeting the nation’s net-zero carbon ambitions and assisting the Government to ensure that this generation hands a better environment on to the next. To achieve that, agriculture will need to change fundamentally. The biggest change will be to swap short-term profit for long-term sustainable investment and productivity.

The clearest illustration of this change is in the handling of our soils. The building of organic matter in soils, along with a healthy soil structure, requires long-term investment and a short-term decrease in productivity before any financial return can be realised. The same can be said of agroforestry, hedgerow management and any number of the worthy ELM schemes we have debated. None of this is possible if the farm operator enjoys only a short-term interest in the land.

The tenanted sector accounts for approximately one-third of our farmland, of which nearly half is now let on farm business tenancies. The average length of an FBT is less than three years, and 90% of all new tenancies are let for no more than five years. It is difficult, if not impossible, to achieve both a sustainable business and a sustainable environment when farming with a three-year horizon. There is an urgent need to change this and to permit everyone who farms in the UK to enjoy a much longer horizon in which they can expect to reap the long-term benefits of adopting environmentally sensitive farming techniques.

This is urgent, and I am concerned that if we make do with what TRIG has agreed is possible now, we will lose the impetus for further reform for a generation and our agricultural landscape will continue to be blighted by a short-termism diametrically opposed to the noble goals of environmental land management, as set out in Clause 1. I beg to move.

[Lord Wigley (PC) [V]]

My Lords, I am glad of the opportunity to support the amendment and to speak to my Amendment 84, which is attached to it. My amendment is very simple; the words on the amendment paper spell it out. It is to ensure

“that tenant farmers in Wales have a mechanism to object”—

if they need to—

“to a landlord’s refusal to consent to enter into a financial assistance scheme.”

I am very grateful to the noble Baroness, Lady McIntosh, for her support for it.

The point is that there must be a system operating in Wales, and for clarity it should be included in the Bill that this right exists and that the responsibility lies with Welsh Ministers. For that reason, I am glad to speak to Amendment 84 in my name.

Agriculture Bill

Lord Wigley Excerpts

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

I am in favour of free markets; I stand against protectionism in its many guises, including protectionism around farmers. I favour science and innovation; that is one reason why being outside the EU is so exciting. But if we start our life outside the EU rigidly applying the rules that we have inherited from the EU, we will be missing a trick. We must start to act globally—and the WTO is where we should start, rather than by putting a wall around our own farming practices.

[Lord Wigley (PC) [V]]

My Lords, I will speak to Amendment 103, which stands in my name; in so doing, I again draw attention to my registered interests. The noble Viscount, Lord Trenchard, and the noble Baroness, Lady Noakes, will hardly be surprised if I do not follow their line on this matter. I support the amendments put forward by the noble Lord, Lord Grantchester, and the noble Baroness, Lady McIntosh, with which my amendment partly aligns itself.

It is not disputed that imported agricultural goods can have both negative and positive impacts for those in the UK agricultural sector. On the one hand, we may rely on certain imports to maintain and improve the viability of our farms, as well as to protect the health and welfare of our animals. On the other hand, goods which may very well meet the required WTO sanitary and phytosanitary standards can nevertheless represent a major threat to the viability of our food producers if they are able to undercut them by incurring lower costs in meeting regulatory standards. Such unfair competition can undermine our domestic food production. It can consequently threaten food security if our domestic capacity is indeed eroded. This is particularly relevant as a consideration at a time when the global pandemic has laid bare our susceptibility to the disruption which extreme events can cause to global food chains.

Just weeks before the coronavirus lockdown, it was revealed that the UK Treasury had been advised that farmers were not needed in the UK, and that we could follow the example of Singapore, which, the Treasury was told,

“is rich without having its own agricultural sector”.

Yet, by the beginning of April, Singapore had announced drastic new measures to accelerate local food production, including desperate plans to grow food on the rooftops of public housing estates, as disruption of global food supply chains started to hit home.

The sort of lower standards that could undermine domestic producers would be ones which allow more lax regulations relating to plant health, animal health and welfare, and environmental standards. Equally important in this regard are employment and human rights issues. We should not abandon our principles in relation to food production, environmental standards, and the welfare of animals or people around the world. This amendment proposes that we ensure that tariff levels and tariff rate quotas are maintained at levels which minimise the risk of there being a back door to our market for those without a trade deal with the UK.

Were a UK Government to lower the UK global tariff significantly, and thereby encourage lower-standard goods to enter our market, they would be threatening the well-being of both consumers and the UK agricultural sector, undermining our rural communities and jeopardising our food security. There is more than one way to tackle this threat; we shall come later to other possible avenues—I am thinking particularly of Amendment 97 in the name of the noble Baroness, Lady McIntosh, which relates to trade deals. In the meantime, we should take the opportunity afforded by this bank of amendments to write into the Bill the safeguards which consumers need and which may be of existential importance to the future of agriculture in these islands.