Agriculture Bill (Ninth sitting)

Robert Goodwill Excerpts

Tuesday 13th November 2018 Public Bill Committees

[Jenny Chapman]

It is good to be back after our week’s rest last week. Clause 11 concerns support for rural development and I am afraid, looking back at our previous deliberations, I must rerun some of the arguments we applied to previous clauses. The issue that runs through the Bill is what the Secretary of State may want to do with the powers, and the inadequate definition of that. In the present case, the Minister wants the powers to be subject to the negative resolution procedure, which we went over in some detail the week before last.

Clause 11 states that the Secretary of State “may by regulations modify”

“retained direct EU legislation relating to support for rural development”

and

“subordinate legislation relating to that legislation.”

That is quite a broad power. Subsection (3) sets out some of the measures that the Secretary of State would be able to modify. It begins:

“In this section ‘retained direct EU legislation relating to support for rural development’ includes in particular—”

but it is not clear to me, and I should like the Minister’s view, whether the list of measures that follows is intended to be exhaustive, or whether the Secretary of State would be able to add to it. If he could add to it, and could use the powers in other ways, too, would the use of the negative procedure be appropriate in all circumstances, and not just the instances specified in the list? I should like the Minister to enable the Committee to understand the aim of the clause properly.

Amendment 79 relates to the Secretary of State’s power, under the clause, to simplify or improve the measures. The amendment would make the quite modest but important change of replacing the words “simplifying and improving” with

“making a change or changes which the Secretary of State believes to be necessary to”.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Would the hon. Lady rather give powers to the Secretary of State to complicate legislation or make it worse? It seems she is opening a door for that to happen.

[Jenny Chapman]

No—clearly, that is not the intention. If the Minister needs to table something to make that clear, we will gladly discuss that.

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[Mr Goodwill]

I was in the European Parliament for some time, and it strikes me that the way EU regulations are drafted makes the assumption that every farmer is a crook who is trying to dodge the system; in the UK, we have a long tradition of great honesty from the agricultural community in the way they work through these schemes.

[George Eustice]

My right hon. Friend makes an incredibly important point.

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[Kerry McCarthy]

That is true. Some supermarkets have been a lot better than others. Tesco has taken quite significant steps in auditing the waste in its supply chain; others have only paid lip service. One of the problems with the way that the Courtauld commitment works is that everyone is bundled in together and they report in aggregate, so we do not know who is making progress and who is not. We are also committed to meeting sustainable development goal 12.3, and I believe we should make that a binding statutory target, which must be done in legislation.

[Mr Goodwill]

Obviously, crop yields vary according to the season and often farmers need to grow plenty to ensure that they can supply their contracts. Would the hon. Lady define stock feed potatoes or carrots used to feed livestock as waste, or would that be exempted from her definition?

[Kerry McCarthy]

Let us be clear: this is a discussion we have had in part about whether, if certain produce is ploughed back into the field, it should count as waste. This is not about pointing the finger at farmers and blaming them for what happens on their farms; it is about trying to ensure that the data is there, so that we can see what processes are needed to reduce avoidable waste. In the food waste hierarchy, the aim is to ensure that any food produced that is fit for human consumption is consumed by humans, and then, working our way down the hierarchy, by livestock, and then used in processes such as anaerobic digestion. At the bottom of the hierarchy is landfill—an absolute no-no, I would say.

Although there is a legal obligation for that food waste hierarchy to be enforced, we know that it is not and there are no consequences if people do not follow it. One of the reasons it is not enforced is that we do not have the data on where food waste is occurring. I say clearly that this is not about blaming farmers for anything; it is about trying to reward farmers for doing the right thing. We need the information to be available.

[Mr Goodwill]

May I press the hon. Lady further? On our farm, we used to grow swedes, which by and large were for livestock, but we would harvest and net up one in 10 or one in 20 for human consumption. It would be hard for any farmer to collect data on her description of food that is fit for human consumption but then finds its way into the animal food chain.

[Kerry McCarthy]

I am trying to get at where the policies of the supermarkets and the buyers lead to food waste on farms. We are talking about when food is produced and supermarkets reject the produce—sometimes on spurious cosmetic grounds, but usually because of poor predictions of when they will need it. Perhaps it is a bad summer and the supermarkets are not selling as many salads or other summertime foods as they otherwise would. That is what we are trying to get to the bottom of.

This is not about farmers choosing to do certain things with their produce; it is about trying to get to the bottom of the unfair relationship. We have the Groceries Code Adjudicator, but although there are measures in the Bill to strengthen that role, they still do not go anywhere near far enough. The Groceries Code Adjudicator has said that she does not believe she needs any more powers, whereas I know that farmers and a significant number of people throughout the supply chain are crying out for that relationship to be made fairer and be more firmly enforced.

--- Later in debate ---

[Jenny Chapman]

I shall speak principally to amendment 97 and what it seeks to do. To an extent it is probing, but we are incredibly concerned about this. As my hon. Friend the Member for Stroud just pointed out, clause 17 talks about “exceptional market conditions”. We are trying to understand more precisely what the Government want us to understand by that. As paragraph (b) of amendment 97 states—this may be imminent—we would consider it an exceptional market condition

“if, on the day after exit day, the United Kingdom has not entered, or secured an agreement to enter, into a customs union with the EU.”

We are concerned about that. Exit day is at the end of March next year, about 150 days from now. That would be a significant threat to the livelihoods of farmers and others in the food and drink industry up and down the country.

We want to understand whether the Government agree that that is a significant threat and what, if anything, they intend to do to support producers through it, should it come about. The Minister may be able to say, “Actually the circumstances that would emerge in that case are covered by elements of the clause in the Bill,” but it would be good to hear him say that, so that we can at least be assured to that extent as we continue to follow the Government’s progress through these negotiations—I hesitate to use the word “progress”.

I am particularly concerned, when we are talking about a customs union, that we have no Members from Northern Ireland on this Committee, so that voice is missing. I understand that the Assembly is suspended at the moment, and I wish the Secretary of State for Northern Ireland well in her endeavours to re-establish the Assembly. It is a great pity that there is currently no access to the Assembly, particularly for the citizens of Northern Ireland, and the voices of that part of our country are limited as a consequence. That is a real problem, particularly when we consider farmers in Ulster. There are farmers along the border whose farms cross the border. It is a border of 300-odd miles, intersected by far too many roads to be able to have any meaningful customs checks.

We have all heard many times in the Brexit debates the concerns about border infrastructure and what it would mean for security and identity in Northern Ireland. That insecurity and concern is felt particularly by strong Unionist farmers I have met in Northern Ireland who tell me very clearly—as I am sure that they will have told the Minister, if he has been there, which I expect he has—that they want to be in a customs union. They have a very plain way of telling you this. I was shocked to hear how one Ulster farmer, a strong Unionist all his life, talked about it. He said that he would rather have a united Ireland than a border on the island of Ireland. That stuck with me, and we all need to keep it in mind, because it shows the strength of feeling in Northern Ireland.

I regret that we have no member of the Committee who can speak with first-hand knowledge of Northern Ireland, and that we have to rely on people like me. Although I have visited many times in recent years to talk about Brexit and its implications, it is a real missed opportunity that we do not have someone on the Committee. I am sure that the opportunity will be taken to hear those voices in later stages of the Bill.

There is growing concern that the Government’s understanding of the way that food gets in and out of our country is lacking. The Secretary of State for Exiting the European Union recently remarked that he did not realise how dependent we were on the Dover-Calais crossing, which was shocking to many people, including me. It was extraordinary to hear that at this late stage in the negotiations. If that lack of appreciation finds its way into the agreement, it could have catastrophic consequences for food producers in this country.

[Mr Goodwill]

The hon. Lady is absolutely right to identify some of the concerns, but is that not why, when we get a deal, which I am confident we will, we should all vote for it, rather than have more uncertainty?

[Jenny Chapman]

Nice try, but whatever the deal is, let us see it and judge it according to its merits. One of the tests that we will apply is the effect that it will have on manufacturers, food producers, communities and the devolved Administrations, and whether it respects the nations of our country and keeps our Union together. Those are the things that we will be thinking about, and we think that having a customs union is essential. We could have referred to a single market deal or any number of things, but we have chosen to be specific in the amendment. We want to understand what the Government expect to happen should we leave without a deal and without being part of a customs union with our nearest neighbours at the end of March next year. We are deeply worried about that.