Draft INSPIRE (Amendment) (EU Exit) Regulations 2020

Ruth Jones Excerpts

Wednesday 9th September 2020 General Committees

[Ruth Jones (Newport West) (Lab)]

Thank you, Mr Hosie for calling me to speak. It is good to be with you this morning to discuss the draft INSPIRE (Amendment) (EU Exit) Regulations 2020, and to speak for Her Majesty’s Opposition for the first time as the new shadow Minister for the natural environment and air quality. Of course, I should briefly pay tribute to my predecessor, my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle), who took a passionate interest in these important issues and who no doubt would have relished the opportunity to be here in Committee Room 14 at 9.25 am on a Wednesday.

As the Minister will know, this is not the first time this legislation has been laid for debate in the House. The first version was laid last year, but fell due to the Dissolution of Parliament ahead of the December 2019 general election, which meant we lost important time to consider the myriad decisions and regulations required ahead of the end of the transition period on 31 December this year.

We then had a second iteration of this legislation, which was tabled and then pulled earlier this year. It would be helpful to hear from the Minister why it was pulled, so that the House is aware of the smooth operation of this Government’s business. The people of the UK deserve competence and good government, and if the Conservative party does not want to provide those things, I know that my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) will.

I suspect that all hon. Members saw the media reports this past weekend that Ministers seek to undermine their own legislation by overriding the withdrawal agreement. I have to say that many Labour Members hope that this SI and many others like it do not suffer the same fate.

The Minister and, I suspect, Government Back Benchers present will be pleased to know that Her Majesty’s Opposition have no intention of opposing this SI, but I want to speak briefly to it and to share a word of caution with the Minister. As my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), the shadow Secretary of State, noted when this business was last considered, those on our Benches welcome the fact that legislation has been passed to ensure that the UK stays in line with the INSPIRE regulations and that we are still committed to sharing our spatial information once the UK leaves the EU. Furthermore, we recognise the important need to create our data in a way that makes it accessible to, and able to be shared with, our friends and allies across the EU and, indeed, further afield.

The Opposition are proud of having internationalist values, and our collective commitment to solidarity, which bind us together as a party and form the basis of our vision for the country and the future of our planet and natural environment. We believe in working together and sharing information. We believe in being good neighbours and taking whatever steps are necessary for a sustainable future for all of us.

Members will know that sharing information has its benefits, whether it is information about energy, water, transport networks and accessibility or—and this is of course important to me as the shadow Minister for air quality—air quality and pollution. There have been many examples over the years where sharing information and data has saved lives, informed responses, and tackled problems. It is of some small comfort to me, and, I suspect, to the Minister, that the biggest cheerleaders of a hard Brexit have yet to move their focus to the sharing of spatial data. I hope that their lack of attention is a recognition of the vital nature of that important area.

Like many who pay attention to such issues, the Opposition are clear that as we move forward it is vital that the country should keep pace with the EU in various areas, including the one we are considering. It is vital that Ministers indicate properly and clearly how we will do that. When the UK had a seat at the table, with a voice, vote and veto, it could improve and influence the standards that we rely on and ensure that important data were shared effectively. Ministers need to ensure that we progress only forward, and that we improve. There can be no slippage and no going back. That goes for science and industry, farming and agriculture, access to water and air quality, and how the House does its job. The Opposition reiterate their commitment to the INSPIRE set-up and the framework and guidance around it, and we encourage Ministers to make all efforts to ensure that there will not be a slip in our approach and standards with our departure from the EU.

Lastly, I restate our concern at the Government’s approach to taking legislation through the House, and their wider approach to our departure from the EU. Government by statutory instrument cannot be the default, and neither can Ministers leave major pieces of legislation until the last minute. We stand ready as a proactive and objective Opposition to work with Ministers where we need to, and I hope that our approach to the SI today demonstrates that, but I caution the Minister that we will continue to hold her and her colleagues to account every step of the way.

Oral Answers to Questions

Ruth Jones Excerpts

Thursday 19th March 2020 Commons Chamber

[George Eustice]

Earlier this week the Chancellor unveiled a package of measures to support all businesses, and some farmers would qualify for that. I am having regular meetings with the National Farmers Union to address any concerns that it might have. The NFU’s principal concern, in common with many other industries in the food supply chain, is the potential pressures on staff.

[Ruth Jones (Newport West) (Lab)]

The shadow Secretary of State and I have spoken to fishers and their representative organisations right across the UK in recent days, and they are worried. In just the past week, the market value of fish landed by British fishers has fallen to 20% of normal rates. There are significant concerns about the viability of the UK fishing industry, especially the small boats that are the backbone of the British fleet. Many fishers are telling us that they will go bust in the next two weeks. Does the Secretary of State agree that we must take whatever steps are necessary to support fishers and the fishing industry to cope with the pressures of the covid-19 crisis?

[George Eustice]

I obviously agree that our fishing industry is incredibly important. The best way we can help it is to get the markets moving again. I understand that there is a particular issue with disruption to markets in the European Union, which is contributing to the situation. Officials had meetings yesterday with fishing representatives, and I am looking for some feedback from that to agree what we do next.

River Severn Flooding

Ruth Jones Excerpts

Wednesday 11th March 2020 Westminster Hall

[Stewart Hosie (in the Chair)]

I call the Minister, Rebecca Pow.

[Ruth Jones (Newport West) (Lab)]

Is there not an opportunity for me to speak as Opposition spokesperson?

[Stewart Hosie (in the Chair)]

Not in a 30-minute debate. I apologise.

Agriculture Bill (Eleventh sitting)

Ruth Jones Excerpts

Committee stage & Committee Debate: 11th sitting: House of Commons
Thursday 5th March 2020 Public Bill Committees

The Government have already rejected our amendment calling for proper baseline environmental and welfare standards, so the reality we will be faced with, if they do not respond positively to our new clause, is that the new green world of farming that we had hoped for will be one where the environmental public goods are not delivered, where our farmers are forced to produce food at lower animal welfare and environmental standards, and where we will have imports of chlorinated chicken and hormone-injected beef on our supermarket shelves, which we do not wish to see.

[Ruth Jones (Newport West) (Lab)]

My hon. Friend is making a powerful speech. Does he agree that it is strange that the shadow Minister wrote to the now Minister on 19 February on the specific question of standards already in law and, as of today, we have still have had no response?

[Daniel Zeichner]

It is, because it was made clear that there would be a clear response. I suspect that the issue is complicated and people are working on it, but I absolutely share my hon. Friend’s concern. This is something we need clarity on.

Agriculture Bill (Twelfth sitting)

Ruth Jones Excerpts

Committee stage & Committee Debate: 12th sitting: House of Commons
Thursday 5th March 2020 Public Bill Committees

Brought up, and read the First time.

[Ruth Jones (Newport West) (Lab)]

I beg to move, That the clause be read a Second time.

It is a pleasure to continue under your chairmanship, Sir David. I am pleased to speak briefly to the new clause, which is about standards, animal welfare and what is right. It is about who we are and what we eat, although I am mindful of my hon. Friends from Bristol, so the last part applies only to some of us.

Sir David, we know that many people in Southend West, Newport West and right across the United Kingdom are concerned that Britain’s departure from the European Union could lead to laws on the quality of meat standards being relaxed to the point of impotency, purely so that a deal can be struck between the Prime Minister and the United States Government. Many Opposition Members have loudly made the case that we cannot sell out or trade off our high standards and practice, and many on the Government Benches make those points in private too. This morning, the Secretary of State for International Trade made a strong comment in response to my question in the House. She said that the Government would walk away from any US-UK deal that did not protect our high standards. Obviously, we will watch that very closely.

I commend Unison for commissioning a recent survey that looked at the wider issues of meat standards. It is important for representative bodies such as Unison to take the lead in highlighting those issues. In Labour’s 2019 manifesto, we pledged to introduce a formal whistleblowing procedure through the Food Standards Agency, to enable employees to report bad behaviour and practice in abattoirs. The new clause would make good on that pledge, but more importantly ensure that malpractice and impropriety had no place in abattoirs across the country. The new clause is sensible, and essentially self-explanatory. Surely the Government will have little issue accepting it, and I call on them to do so.

[Victoria Prentis]

Whistleblowing is already protected in legislation in Great Britain through the Public Interest Disclosure Act 1998, and the Food Standards Agency already has robust procedures in place to process whistleblowing in relation to animal welfare offences committed in abattoirs. The Act provides procedures to support staff and workers to raise concerns regarding possible past, current or future wrongdoing during the course of their work. That includes abattoir workers who are concerned that animal welfare offences might have been committed by their employer. That legislation and the FSA procedures provide a clear framework to handle whistleblowing and encourage disclosure—not just within abattoirs, but across the scope of work carried out by the FSA.

Following the 2013 review into the integrity and insurance of food networks, the National Food Crime Unit was established in 2015, which allows anyone to report any suspected food crime by calling Food Crime Confidential on a dedicated number. That crime unit is strengthening its capabilities and will be opening a fully functioning in-house criminal investigations unit by April 2020. I am sure that the hon. Member for Newport West will agree that this is progress, so I ask her to withdraw her proposal.

[Ruth Jones]

I thank the Minister for her comments and her affirmation of what is already going on. However, if this is already in law, it could do no harm to enshrine and reaffirm it in the Bill, so we will not withdraw the new clause; we will push it to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Daniel Zeichner]

I anticipated the question on the definition of highly intensive farming when I reread the new clause over lunchtime. I rather thought that it would be the right hon. Member for Scarborough and Whitby who raised that query, but the Minister got in there first. I am pleased by her response. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 15

Grouse shooting and management: review and consultation

“(1) The Secretary of State must—

(a) commission an independent review of the economic, environmental and wildlife impacts of driven grouse shooting, and

(b) consult on regulation of grouse moor management.

(2) The Secretary of State must make available the services of any person or other resources to assist in the conduct of a review under subsection (1)(a).

(3) The Secretary of State must publish a summary of responses to the consultation under sub-section (1)(b).

(4) The Secretary of State must, no later than three months from the day on which—

(a) the review commissioned under subsection (1)(a) is received, or

(b) the consultation under subsection (2) closes,

whichever is the sooner, publish a statement of future policy on grouse shooting and grouse moor management.”—(Ruth Jones.)

This new clause would require the Secretary of State to commission a review of the economic, environmental and wildlife impacts of driven grouse shooting and publish proposals for regulation.

Brought up, and read the First time.

[Ruth Jones]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 16—Grouse shooting and management: review and consultation (No. 2)—

“(1) The Secretary of State must—

(a) undertake a review of the economic, environmental and wildlife impacts of driven grouse shooting, and

(b) consult on regulation of grouse moor management.

(2) The Secretary of State must publish a summary of responses to the consultation under sub-section (1)(b).

(3) The Secretary of State must, no later than three months from the day on which the consultation under subsection (2) closes, publish a statement of future policy on grouse shooting and grouse moor management.”

This new clause would require the Secretary of State to conduct a review of the economic, environmental and wildlife impacts of driven grouse shooting and publish proposals for regulation.

[Ruth Jones]

I am pleased to speak to new clauses 15 and 16. We know that our planet and climate are experiencing huge change, and the effects of the climate emergency are becoming an increasing feature of the world in which we live, affecting not just humans, but our natural world and our wildlife. The new clauses call on the Government to think about biodiversity, the uplands, the fragile and insecure rural economy, and the many people who live and make their way of life in our green and open spaces. The new clauses are also about the welfare of our wildlife. My hon. Friend the Member for Bristol East has campaigned on such issues over many years, and I pay tribute to her tenacity and commitment to animal welfare and our environment.

The weight of the scientific evidence before us is such that we can see that driven grouse shooting damages habitats, pollutes our water, increases greenhouse gas emissions, and involves the illegal persecution of birds of prey. The practice also increases the risk of floods, which damage properties and green spaces and lead to devastating deaths of people and animals alike. Right now, flooding is an issue of real concern for many people up and down the country. Those of us who were present for yesterday’s Opposition day debate on flooding heard powerful stories illustrating the need for upstream land management to prevent downstream flooding. As shadow flooding Minister, I was delighted that the Opposition motion received support from both sides of the House, including the Government Benches. By voting with us, the hon. Member for Brigg and Goole (Andrew Percy) showed that, sometimes, politics does not need to win but common sense can.

The new clause addresses the effects of a practice that cuts across many different and important issues, and the Minister can surely support it. It would allow us to look at specific areas such our soil, drainage and hydrology, conservation, wildlife crime, and the wider concern about sustainability. As legislation such as this Bill passes through the House, we have the chance to address the many issues that have fallen off the to-do list. Let us take the opportunity new clauses 15 and 16 offer to commission a review so that we can methodically, clearly and carefully work our way through those important issues. The future of our planet and our natural world is in our hands, so let us get on and save it.

[Mr Goodwill]

My North Yorkshire constituency includes about two thirds of the North York Moors national park and vast areas of heather moorland, which is a glory to behold in late summer when the heather is in flower. Indeed, many people flock to the area to see the natural beauty of the landscape and to enjoy all the activities that take place there.

A grouse moor is a fragile environment. Historically, much of the area was forest. It was only when the trees were cut down for domestic fuel or to turn into charcoal to smelt with the limestone that was mined in the area that the forest disappeared. If we do not look after the heather in the right way, we will not keep it for very long. It needs managing not only for grouse, which cannot be reared artificially—it is an indigenous species in this country and needs to be reared in the wild—but for other species, particularly ground-nesting birds such as golden plover and lapwing, which rely on that fragile environment.

I join hon. Members who condemn the illegal persecution of raptors, but it is the case that by managing the moorland, the small mammals, birds’ eggs and other prey that the raptors feed on are facilitated. When we consider how to maintain those areas, it is important to listen to the experts. In an article, the North York Moors national park ranger David Smith said:

“Controlled burning is used to manage the heather better. After 15 to 20 years the heather gets old and leggy and you need different age structures for the wildlife that lives on the moor.

Grouse shelter underneath the older heather and the fresh new heather is more palatable for both sheep and grouse. What people don’t realise is that the North York Moors is a managed moorland. If you don’t stay on top of it, it would turn back to woodland, with birch and rowan trees quickly re-establishing themselves.”

The article continues:

“Cutting the heather, the alternative to burning, does work, but on very stony ground or uneven ground…it’s impractical”.

David Smith says:

“If you only cut the heather, you leave smaller vegetation close to the ground, it doesn’t destroy everything which is needed to give the new growth a fresh start.

Controlled burns flash across the top of the moor. They don’t destroy the seed bank. If you cut the heather, brash is left behind and smothers what’s underneath. It stops it from regenerating and slows down regrowth.”

The article concludes:

“Another reason for controlling the heather is to allow the sheep to move about more easily”

and to provide tender young growth for the sheep, particularly the young lambs, to graze.

We have obligations regarding CO₂ and we need to protect our peat areas, but the deposition of new peat is glacial in pace. If we want to use those areas as a carbon sink, we should follow the advice of George Monbiot and plant more trees. Perhaps we should plant more trees, but not at the expense of our traditional moorland. We should also make a distinction between blanket bog, such as the bog on Saddleworth moor, which tends to occur in the west of the country, and the dry heathland found in other parts of the country, particularly in the east. We saw on the news the apocalyptic scenes on Saddleworth moor when it was on fire in February 2019. During the recent fires in Australia, much criticism was made of the absence of what they called back burning. I maintain that the controlled burning of small areas of the moorland, at a time of year when those fires are unlikely to get out of control, means that we have natural fire breaks. I suggest that the new clause is not needed.

I suggest that there are those in this country who oppose grouse shooting for reasons that are not particularly environmental, but are to do with animal welfare or with the people who go shooting, whom they may not like. We should not use a false environmental argument to stop the traditional management of the moorland. My wife’s grandfather managed a moor at Troutsdale until he retired. That moor is not a moorland now; there are no grouse, there are no lapwings; it is brash and trees are growing rapidly. If it is not kept on top of and managed, that type of habitat, which is unique in Europe, is not preserved. We need to protect it.

[Victoria Prentis]

It is a genuine pleasure and honour to be surrounded by so many knowledgeable and committed environmentalists. The Government consider that shooting activities can bring many benefits to the rural economy, and in many cases are beneficial for wildlife and habitat conservation. We recognise that it is vital that wildlife and habitats are respected and protected. We will continue to work to ensure a sustainable, mutually beneficial relationship between shooting and conservation. There is no need for a commitment to review driven grouse shooting, as defined in the new clause, because we are already considering these issues. If there were to be a review, it might be more efficient and effective to consider other forms of grouse shooting and wider moorland management where there are no grouse, alongside driven grouse shooting.

The Government are already addressing rotational burning associated with grouse moor management on protected blanket bog. We have always been clear of the need to end burning on protected blanket bog to conserve vulnerable habitats, and we are actively looking at how legislation could achieve that. Our intention has always been to legislate if a voluntary approach fails to deliver. Real progress is being made in promoting sustainable alternatives, including consent for cutting of vegetation as an alternative to rotational burning, and removing or modifying consents to burn as higher level stewardship agreements are renewed. We have urged landowners to adopt those measures and continue to work with them constructively.

The recently released Werritty review addresses those issues in Scotland. The group’s report recognised the socioeconomic contribution that grouse shooting makes to Scotland’s rural economy, but made a number of recommendations that are currently being considered by the Scottish Government. We will watch closely to see how they respond. We do not rule out the possibility of a wider review into grouse moor management in the future, but I would not want to restrict that just to driven grouse management. Once Scotland has announced its plans, we will consider the benefits or otherwise of regulatory alignment between the two jurisdictions. I therefore ask the hon. Lady to withdraw the new clauses.

[Ruth Jones]

I thank the Minister and the right hon. Member for Scarborough and Whitby for their comments. I bow to the right hon. Gentleman’s expertise in this area; I accept his comments and I am pleased that he agrees with us at least in part.

The burning of heather is an emotive issue, and there are many different expert opinions on it. It is certain that careful land management is crucial to ensure that we achieve our environmental standards. That is why we tabled our new clauses. We all agree that tree planting is essential; the Government are already missing their own targets by at least 70%, so we must keep pushing.

I take issue with the right hon. Gentleman’s comments that this is a false animal welfare issue—it is not. It is a very real issue, which is why we have tabled the new clauses, following advice from outside organisations. I am pleased that the Minister is considering driven grouse shooting legislation, but let us start now and put it in the Bill.

Question put, that the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Ruth Jones]

I beg to move, That the clause be read a Second time.

The new clause would require the Secretary of State to hold a consultation on whether an existing agency, such as the Rural Payments Agency, or a new body should administer payments and other functions delivered under the Bill. This is an important juncture in our consideration of the Bill. This will probably be, in the words of our former colleague David Drew, “the most popular part”, as we are giving the opportunity to those who wish to be consulted to get rid of the Rural Payments Agency. But, as is always the case, things do not have to be that way. The Government could ensure that we have a strengthened and effective payments agency, but that agency will likely have to be a new body with a strong and effective mandate to do its work. We cannot rely on an existing agency that has a reputation for wrong payments, late payments and no payments at all.

The new clause is not meant to be confusing; it is very clearly about charting a realistic way forward that has the support of those who will be seeking support and funding from Her Majesty’s Government in the years ahead. We would welcome it if the Minister stood up and announced a strong and empowered agency, but if she cannot do that today, we want the new clause to stand part of the Bill. We are entering uncharted waters—as the shadow Minister with responsibility for water, I know all about that—and we have the chance to take stock, reflect and start anew.

Much has been made of the future and the new way of doing things. The Government have made a great many promises to our farmers and agricultural workers. If we take the Bill and the Government press lines as they stand, we are entering a new and glorious world, but I caution those on the Treasury Bench to make good on their pledges and promises to our farmers and all those working in the agricultural sector. The demands on those people and workers are great, and the potential to increase support is huge, so let us take it.

The new clause will ensure that things are done properly when it comes to the many financial provisions in the Bill and the passing on of vital payments, that the powers and resources are exercised effectively, and that we do our best for our farmers going forward. I hope that the Minister will listen carefully and respond accordingly.

[Victoria Prentis]

I hope that I have reassured hon. Members in all parts of the Committee that we will consult extensively on the use of the various powers in the Bill. We know that the delivery of the previous CAP scheme was not as good as we wanted it to be, or as good as farmers deserved. Therefore, we will design new arrangements that will make it as simple as possible for people to apply for funding. We want to ensure that payments are prompt and accurate.

In the short term, the Rural Payments Agency will continue to administer direct payments and countryside stewardship payments, and considerable progress has been made in their delivery and achievement in recent years. We have seen a significant increase in performance and are putting in place further improvements to delivery.

As discussed last week, there will be a public consultation on ELM. Stakeholders will be able to provide us with feedback across all elements of the schemes. We use such feedback to inform decisions on who will be best placed to provide the service for the ELM and other financial schemes going forward. Before consulting on how we deliver future schemes, we will want to refine our policies further. Once we have established who is best placed to deliver the reform, we can take views on how to roll it out. I hope that I have reassured the hon. Lady.

[Ruth Jones]

I thank the Minister for her comments and for her honesty in accepting that there have been flaws and deficiencies in the previous system. We all share the same aim: we want payments to be made accurately and promptly. We look forward to the promised improvements at the RPA and will therefore not press the new clause to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 27

Agriculture Co-ordination Council

“(1) There shall be an Agricultural Co-ordination Council composed of—

(a) the Secretary of State, or representatives of the Secretary of State,

(b) Scottish Ministers, or representatives of Scottish Ministers,

(c) Welsh Ministers, or representatives of Welsh Ministers, and

(d) DAERA.

(2) The Council shall establish a common framework to monitor any disparities within the United Kingdom—

(a) in standards of food production;

(b) arising from the exercise of powers to give financial assistance for any purpose which may be specified;

(c) arising from the power to make payments under the basic payment scheme or to make delinked payments; and

(d) in marketing standards.

(3) The Council shall review any framework established under subsection (2) at least once in each calendar year, and may amend a framework.”—(Thangam Debbonaire.)

Brought up, and read the First time.

[Thangam Debbonaire]

I beg to move, That the clause be read a Second time.

On behalf of the Labour Front Bench—both the shadow DEFRA and European affairs teams—this is an offer. The new clause is probing, as I am sure the Minister will have noticed. We seem to have got a bit stuck in Committee on the question of how, as we leave the EU, we resolve tensions between devolved powers and duties in agriculture and the reserved powers and duties on WTO compliance.

As we said on WTO compliance, it is a sad state of affairs that we have got to, but none the less we have. The new clause makes the modest suggestion of creating a route to assist in resolving that tension. Establishing an agriculture co-ordination council does not undermine either UK sovereignty or devolution, but it attempts to provide a forum for discussing and addressing any possible differences that might affect compliance, undermine the consistency of standards, or involve various other matters listed in the new clause.

We are not being particularly prescriptive. We have suggested elected Government Ministers or their representatives, so that the council is democratically accountable, but we have left open the timetable and the process. The new clause is a suggestion—not one that we will press to a vote, but one that gives the Minister the opportunity to tell us what she believes the alternatives to be. If not this, then what?

Flooding

Ruth Jones Excerpts

Wednesday 4th March 2020 Commons Chamber

[Ruth Jones (Newport West) (Lab)]

It is a real privilege to stand here today at the Dispatch Box following in the steps of my lovely predecessor, the late great Paul Flynn. Paul came to this Dispatch Box slightly later in his political career, and he maintained that the box was just the right height to prop him up. I can also confirm that it is just the right height for me to hang on to, to stop my knees knocking.

I reiterate the words of condolence expressed by my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), the shadow Secretary of State, when he opened the debate. Our hearts go out to the families of those who lost their lives, and we send our deepest sympathies to them and to all the communities affected by the floods caused by Storms Ciara, Dennis and Jorge.

This has been an interesting debate, and I thank all Members who joined our call for action from this Government. Colleagues across the House and from all parties have raised concerns here in the Chamber today, and out there in their constituencies over recent weeks. The debate has given us a chance to bring together those views, stories and experiences.

My hon. Friends the Members for Leeds West (Rachel Reeves) and for Cardiff North (Anna McMorrin) spoke movingly about the ongoing fear of flooding and the problem of escalating insurance premiums. My hon. Friends the Members for York Central (Rachael Maskell), for Barnsley Central (Dan Jarvis) and for Reading East (Matt Rodda) made the eminently sensible suggestion that we need to look upstream to develop solutions to the flooding occurring further downstream.

My hon. Friends the Members for Bolton South East (Yasmin Qureshi) and for Birmingham, Hall Green (Tahir Ali) requested that funding be released immediately to assist their constituents. My hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) gave us an insight into the Lagoon Hull project, and my hon. Friend the Member for Portsmouth South (Mr Morgan) spoke about the need to protect important heritage sites from floods. My hon. Friend the Member for Halifax (Holly Lynch) and the hon. Member for Calder Valley (Craig Whittaker) were clear that they want tier 1 status for their part of the UK too.

My hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds) talked about specific flood issues such as blocked culverts and the ensuing damage. My hon. Friend the Member for Barnsley East (Stephanie Peacock) highlighted the ongoing and regular issues of flooding and the problem of the match funding formula, which works against our poorest communities.

A number of Government Members said that we do not need a review; we just need to get on with things. I say to them that a review is not a public inquiry. It is different, and it has a different remit and function. We need to learn lessons and get things right for the future as the disastrous effects of the climate emergency become more and more evident. That is why the motion calls for a review.

I commend the hon. Member for Scunthorpe (Holly Mumby-Croft) for her maiden speech. Her passion for her home town and its steelworks is evident. As the Member representing another steel city, I look forward to working with her to protect the UK steel industry.

Beyond the walls of this Chamber, our world and our planet are experiencing a dangerous, unpredictable and evident climate emergency. We can no longer sit by and watch the world burn, communities flood and people die. I say to Ministers and all the Members sitting behind them that it is now time to get a grip. It is now time for them to show leadership and demonstrate to the families of those who lost their lives, their livelihoods, their homes and their cherished memories and belongings that they care, will do their job and will do what is necessary to save lives.

It was good to hear from the Secretary of State what has been done so far to prevent the flooding and which areas have been spared this time, but too many have not been spared, which is why we want this overarching review to learn the lessons and prepare for future potential flooding events.

The Secretary of State outlined the numerous individual reviews undertaken over the last decade, which highlights just how piecemeal things have been. We need a complete UK-wide review. We do not want an inquiry; we want a review. This should not be party politically difficult. It is essential to allow the people of all parts of the UK to recover from the floods and prepare with certainty for the future. We need to act now.

It is clear, though, that action is an approach that the Prime Minister seems to apply only to a general election campaign. I am sorry to say that he has been missing in action, unlike his Secretary of State. He had no time to visit Rhondda or Pontypridd—no time for York or Calder Valley, or the many other communities affected up and down the country—but this is all about choices. He chose to fly to the Caribbean for a holiday paid for by someone from somewhere. He chose to disappear to his grace-and-favour mansion. He chose to hide in the flat in Downing Street, rather than get down to the Cabinet Office briefing room and give the country the leadership we need. The one thing we now know about this Prime Minister is that when the going gets tough, he does not get going. He goes missing. What a disgrace and a blatant abdication of his responsibility to this country and its people.

We know, as my hon. Friend the Member for Cynon Valley (Beth Winter) eloquently stated, that austerity has had and continues to have a devastating impact on our environment and natural world. The lost decade of Tory and Lib Dem cuts to local authorities in England, and also to organisations across the country such as the Environment Agency, has seriously undermined our ability to tackle the environmental crisis and deal with the impact of the climate emergency.

[Andrew Percy]

Will the hon. Lady give way?

[Ruth Jones]

I will not, as we are short of time.

I am proud to be the Welsh Labour MP for Newport West, and I know what devolution means and that flooding is a devolved matter, but rainfall, rivulets and rivers know no borders. Floods do not respect council or constituency boundaries. We need co-ordinated action across the four countries of the United Kingdom.

The people of Wales have been devastatingly affected by the storms, as my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) highlighted. Many people were left without power, many homes are currently uninhabitable and many communities are left trying to recover.

Over a quarter of the UK’s flooded homes are in the Rhondda Cynon Taf area of south Wales. My hon. Friends the Members for Pontypridd (Alex Davies-Jones) and for Rhondda (Chris Bryant) have been tenacious and passionate in standing up for their communities, and that goes for all hon. Members representing people, families and areas affected by the storms and floods, who have debated this important topic today.

The hon. Member for Calder Valley noted that he is furious at the Government’s inaction, and I agree. The hon. Member for Wyre Forest (Mark Garnier) said the flooding should have been raised in Cobra, and I agree. Any Member who wants to stand up for their community and all the areas affected by the recent storms and by years of inaction should support our motion this afternoon.

Let us show that we care about those affected, let us rededicate ourselves to the fight against climate change and, once and for all, let the Prime Minister show that he cares, that he is up to the job and that he will not let down hundreds of thousands of people when they need their Government more than ever. I commend this motion to the House.

Agriculture Bill (Tenth sitting)

Ruth Jones Excerpts

Committee stage & Committee Debate: 10th sitting: House of Commons
Tuesday 3rd March 2020 Public Bill Committees

[Ruth Jones (Newport West) (Lab)]

I beg to move amendment 77, in clause 27, page 22, line 4, leave out lines 4 to 7 and insert—

“(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, make regulations—

(a) imposing obligations on all business purchasers of agricultural products in relation to contracts they make for the purchase of agricultural products from all qualifying sellers;”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 78, in clause 27, page 22, line 11, after “fair” insert “dealing and fair”.

Amendment 79, in clause 27, page 22, line 12, at end insert—

“(2A) The Secretary of State may also make regulations for the purpose set out in subsection (2) in relation to the purchase of agricultural products in one or more of the sectors listed in Schedule 1 by business purchasers from qualifying sellers.”

This amendment would ensure that there is an overarching requirement for fair dealing across the whole agricultural industry, with the ability to develop sector specific regulations to address any particular areas of unfair practice.

[Ruth Jones]

It is a pleasure to serve under your chairmanship this afternoon, Sir David. I am pleased to speak to these important amendments.

Over recent weeks, as we have worked our way through the Bill, my hon. Friend the Member for Cambridge and I have moved and spoken to a number of amendments, and I have noted not only the importance of this legislation, but the potential that accompanies it. As we approach this stage in our consideration of the Bill, it is time that we reminded ourselves of the motives and headlines around it.

Before she was sent to the Back Benches, the former Secretary of State, the right hon. Member for Chipping Barnet (Theresa Villiers), said that the Agriculture Bill

“will transform British farming, enabling a balance between food production and the environment which will safeguard our countryside and farming communities for the future.”

I am sure Members will agree that those are aspirational and noble aims—a vision that nobody could disagree with. I just wish that the content of the Bill matched the media lines published by officials at the Department. However, I say to the Minister that we can deliver that vision together on a cross-party basis if the Government accept our ideas, our advice and our suggestions. There is no better time to start doing so than now, by accepting amendments 77, 78 and 79.

The amendments reflect a great deal of interest from many of the relevant external bodies, and we have received many thoughtful and reflective commentaries from organisations including the National Farmers Union, the Tenant Farmers Association and Greener UK. I am grateful to them all for the hard work they are doing on behalf of their members and sectors, which includes a collective welcoming of the fact that fairness is required in the supply chain; we need to ensure that there is transparency and openness, too. The Bill is particularly weak in those areas.

The Government need to rethink and revisit the supply chain provisions designed to secure a fairer price to farmers for the food they produce. Those provisions have been broadened in this iteration of the Bill, but there is still no duty to use them, and the Government have not published anything about how they intend to use the powers and who would be enforcing, using and safeguarding them. Our amendments would provide some clarification on those questions.

We note that the NFU believes there should be an obligation on a Secretary of State to introduce regulations to ensure a baseline of fair dealings between business purchasers and producers across all sectors, and that those regulations should be brought forward within 12 months of the Bill’s coming into force. They are right to call for speedy implementation of the measures that would give effect to the fairness we all want, so I support those calls from the NFU.

We have heard from a number of stakeholders about the need for a strong and meaningful overarching body, and they are right. We need the Minister to provide some clarity about who that regulator will be, how it will work, and what it will look like. It is clear to us on the Labour Benches that the Government have a vital role to play, and our amendments will help ensure that this role is carried out. We should nail down today the fact that the regulator should be the Groceries Code Adjudicator. The Bill as it stands leaves hanging the question of who the regulator should be, and the last things anyone in the real world needs at this time are uncertainty, indecision and confusion.

The elephant in the room—we spoke earlier about one elephant in the room, but this is another elephant—is our departure from the European Union. There will soon be tough and competing demands on the Government for resources, focus, scrutiny and implementation, but I hope that in the weeks ahead, this Bill will receive the strong and guaranteed focus of Ministers on the Treasury Benches.

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

Does the hon. Lady accept that there are some areas in the agricultural trade, such as the grain market, where there is no market failure? There are lots of buyers and lots of sellers in that area, and it operates very well.

[Ruth Jones]

I thank the right hon. Gentleman for his intervention. Of course, he is an expert in this area and I bow to his superior knowledge, but what we are saying is that we need to clear the matter up for the whole industry, not just for certain sectors that already work well. However, I appreciate his intervention.

I hope that the amendments have shown the Government that there is widespread support for this action. They are about not partisan advantage, but clarity for the sector and an improved set of circumstances and conditions. I am proud to have tabled them.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

What a pleasure it is to have you back with us, Sir David! I thank the hon. Lady for the amendments, which reflect an obvious desire to ensure that all farmers and producers are spared from unfair trading practices. We absolutely share that goal; our only disagreement is the means proposed to achieve it.

Essentially, we believe in the principle of a targeted solution for a specific problem, and we are keen to take the time to get the solution right. No two agricultural sectors are the same, and neither are the contractual issues that they face. Certain sectors, such as the poultry and grain sectors, may, as my right hon. Friend the Member for Scarborough and Whitby reminded us, be so well integrated that contractual problems do not often arise.

We should have targeted solutions where they are needed, but we need to avoid burdensome new requirements where they are not. To ensure that, the specific detail of each code will be developed in consultation with industry and set out in secondary legislation. Enforcing a time limit on the creation of fair-dealing obligations would prevent regulations accounting for the complex nature of our agricultural market.

Turning to amendment 78, I assure the hon. Member for Newport West that all types of agreement to purchase agricultural products can already be protected by the clause, and the position of farmers in the supply chain will be protected under the current drafting. The clause allows us to regulate for the purposes of fair contractual dealing. That goes beyond a formal, written contract. As the hon. Lady no doubt knows, a contract constitutes any agreement of sale, whether it is formally written down or not. In the dairy sector, it is commonplace to write things down; in other sectors, there are more informal, word-of-mouth arrangements, particularly in the red meat world and parts of the arable world. However, the clause covers all agreements, written or otherwise.

On amendment 79, we deliberately designed the clause to be as flexible as possible. That is a change since the previous iteration of the Bill. Having listened to comments made at the time, we severed the link to the list of sectors in schedule 1 so that future regulations are no longer bound by it. It remains very much our belief that each sector is different and requires a tailored approach. We intend to be forensic in establishing what the needs of each sector are. That will include detailed engagement with industry.

[Victoria Prentis]

During our earlier conversation, it was clear that we will have to be forensic and tailored in our approach to data collection. This is very much part of the same theme. We do not want to treat all sectors the same when they raise different issues and come to us with very different current practices.

If issues that are consistent across multiple sectors are revealed, and if they could be addressed under new, comprehensive regulation, we absolutely have the power to deliver that. I therefore ask the hon. Member for Newport West to withdraw the amendment.

[Ruth Jones]

I listened very carefully to the Minister. I agree that we do not disagree on the broad principles, but I am seeking to get the regulations tied down so that they are clear and comprehensive for everybody in the agricultural sector. It seems reasonable that the Groceries Code Adjudicator should be the regulator. I do not see any dissent from that, but it would be helpful if we could tie things down in writing rather than, as the Minister says, in verbal agreements.

I must apologise to the right hon. Member for Scarborough and Whitby—I misheard his earlier intervention; I thought he was talking about the “grey” area, not the “grain”. I misunderstood completely. I apologise, and will wash out my ears.

I welcome the Minister’s assurances—she is listening and wants to make things run as smoothly as possible. However, given this time of general unclarity, as we leave the EU, with all the uncertainty that is throwing up, we need things set in writing now for the months and years ahead, to prevent any misunderstandings or anything going wrong in that respect. I accept that the Minister has described the Bill as a new iteration, and we accept that it is improved, but at the same time we still need clarity, transparency and openness. We will therefore press the amendment to a vote.

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Division 18

Ayes: 5

---

Labour: 5

Noes: 10

---

Conservative: 10

[Ruth Jones]

I beg to move amendment 82, in clause 27, page 23, line 15, leave out “a specified person” and insert “the Groceries Code Adjudicator”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 83, in clause 27, page 23, line 23, at end insert—

‘(8A) The Groceries Code Adjudicator Act 2013 is amended, by inserting after section 2 (Arbitration)—

“2A Fair dealing: determination of complaints alleging non-compliance

(1) If a complaint relating to alleged non-compliance is referred to the Adjudicator under section 27(8)(a) of the Agriculture Act 2020, the Adjudicator must determine the complaint.

(2) In determining any allegation of non-compliance under subsection (1), the Adjudicator must act in accordance with any regulations made under subsection (1) of section 27 of the Agriculture Act 2020 which make provision for investigation of complaints, imposition of penalties or a requirement to pay compensation, as specified by subsection (8) of section 27 of that Act.”’

Amendment 80, in clause 27, page 23, line 25, after “any” insert “competent and appropriate”.

This amendment would ensure that the role of regulating agricultural contracts is given to a body which is competent to undertake qualitative assessments; for example, the Groceries Code Adjudicator’s office.

Amendment 81, in clause 27, page 23, line 26, after “provide for a” insert “competent and appropriate”.

This amendment would ensure that the role of regulating agricultural contracts is given to a body which is competent to undertake qualitative assessments; for example, the Groceries Code Adjudicator’s office.

[Ruth Jones]

I will speak to all the amendments together. Being mindful of time, I will not read out the wording of the amendments. I know that hon. Members are grateful for that.

The amendments would ensure that the role of regulating agricultural contracts is given to a body that is competent to undertake qualitative assessments, such as the Groceries Code Adjudicator’s office. That sensible suggestion would ensure that effective and authoritative oversight and assessment takes place.

External organisations such as the Tenant Farmers Association believe that the Government have a vital role in the face of significant market failure in agriculture and food supply chains, but it is concerning that the Government do not see that as forming part of an expanded role for the Groceries Code Adjudicator. It has been proposed instead that the Rural Payments Agency would be an appropriate regulator. The Government need to explain why they think that the RPA has sufficient expertise in that area; I look forward to the Minister’s explanation on that specific point. There seems to be no reason why the responsibility should be placed anywhere other than with the Groceries Code Adjudicator.

The Government have previously decided not to broaden the scope of the Groceries Code Adjudicator. Those decisions suggest that, without a clear duty, they will come under pressure from retailers to row back on the provisions. We need to be focused and tenacious in how we monitor the assessment process, including the criteria used. Importantly, the amendments would provide the clarity and certainty that are desperately needed by our farmers and the agricultural sector more generally.

We need to drill down to the detail and explicitly identify which regulatory body will be in charge and what expertise and experience the Government expect it to have. When will the Government see fit to provide a clear answer on that? I look forward to the Minister’s response to these probing amendments.

[Victoria Prentis]

We are committed to tackling supply chain injustices, and an effective enforcement regime is a crucial part of that process. It is important to state that no decisions have yet been made about the nature of enforcement or the body responsible for it. We intend to listen to the ideas and concerns of the industry before any decisions are made, and we will of course exercise due diligence in designing the enforcement regime when we appoint the regulator.

I understand the attraction of replicating the success of the GCA elsewhere in the food supply chain, but it is important to recognise that the GCA works so well because it has a very targeted focus on the behaviours of extremely large retailers that deal with their direct suppliers and have a good understanding of how that particular supply chain works.

A 2018 Government review found insufficient evidence of widespread problems further down the groceries supply chain to justify extending the remit of the GCA to indirect suppliers. The issues that the review identified were sector-specific and are best addressed with the proportionate and targeted interventions contained in the Bill.

No decisions have yet been made about enforcement. Although the RPA has undoubtedly had difficulties with direct payments in the past, it has a wealth of experience in the agricultural markets. We will take a measured approach to arrive at the best possible decision. I ask the hon. Lady not to press the amendment to a vote.

[Ruth Jones]

I thank the Minister for her explanation. Obviously, external bodies and stakeholders will be actively encouraged to lobby the Government on the matter, and I hope that they will take the opportunity to do so. In the meantime, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 20, in clause 27, page 23, line 27, at end insert—

“(10A) Before making regulations under this section, the Secretary of State must consult persons—

(a) who are representative of—

(i) qualifying sellers of, or

(ii) business purchasers of,

the agricultural products to which the regulations will apply, or

(b) who may otherwise be affected by the regulations.”—(Deidre Brock.)

Question put, That the amendment be made.

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[Victoria Prentis]

Section 2 of the Senedd and Elections (Wales) Act 2020 changes the name of the Welsh legislature to “Senedd Cymru”—I hope the hon. Member for Newport West will correct me if got that wrong, although my Welsh relatives would not forgive me—or “the Welsh Parliament”. Amendments 51 to 61 are technical consequential amendments. They follow the new practice, in the English language version of devolved Welsh legislation, of using only the Welsh name when referring to the Welsh legislature.

[Ruth Jones]

These are simple amendments that reflect the strengthened importance of Wales as an equal partner in the four-way relationship that makes up the United Kingdom. Labour will support them, as they are clearly a tidying-up exercise. However, we should not be clearing up on matters of respect, so I caution all Ministers to be mindful and respectful.

Amendment 51 agreed to.

Clause 31, as amended, ordered to stand part of the Bill.

Clause 32

Identification and traceability of animals

Amendments made: 89, in clause 32, page 30, line 5, after “England” insert “or Wales”.

This amendment treats Wales in the same way as England in terms of the future application of section 8(1)(a) of the Animal Health Act 1981, once the provisions of European law mentioned in clause 32(3) and (4) cease to apply in England and Wales.

Amendment 90, in clause 32, page 30, line 7, leave out “Wales or”.

This amendment is consequential on Amendment 89

Amendment 91, in clause 32, page 30, line 10, leave out from “under” to end of line and insert

“subsection (1)(a) made by the Secretary of State or the Welsh Ministers”.

This amendment limits the proposition inserted in section 8 of the Animal Health Act 1981 by clause 32(2)(b) to provision made under section 8(1)(a) about the means of identifying animals. It also secures that the Welsh Ministers, as well as the Secretary of State, can make provision under section 8(1)(a) that binds the Crown.

Amendment 92, in clause 32, page 30, line 16, after “England” insert “or Wales”.

This amendment alters the words inserted in Regulation (EC) No 1760/2000 by clause 32(3) in order to treat Wales in the same way as England in disapplying Title 1 of that Regulation.

Amendment 93, in clause 32, page 30, line 16, at end insert

“, and

(b) in Article 22 (compliance)—

(i) in paragraph 1 at the end insert—

‘The fourth, fifth and sixth subparagraphs do not apply in relation to England or Wales.’, and

(ii) in paragraph 2 at the end insert—

‘This paragraph does not apply in relation to England or Wales.’”

This amendment makes changes to Regulation (EC) No 1760/2000 which are consequential on the disapplication by clause 32(3) of Title 1 of that Regulation in relation to England and Wales.

Amendment 94, in clause 32, page 30, line 21, at end insert “or Wales”.—(Victoria Prentis.)

This amendment alters the words inserted in Council Regulation (EC) No 21/2004 in order to treat Wales in the same way as England in disapplying that Regulation.

Clause 32, as amended, ordered to stand part of the Bill.

Clause 33

Red Meat levy: payments between levy bodies in Great Britain

[Deidre Brock]

I beg to move amendment 30, in clause 33, page 31, line 32, at end insert—

“(10) The first scheme under this section must come into force no later than 1 April 2021.”

The amendment is basically all about ensuring that equitable distribution of the red meat levy moneys is made timeously. I want that to be done as early and smoothly as possible. It has been waited on throughout the UK for a considerable time, but I certainly imagine that Ministers in the various Administrations have discussed it. If the Minister could assure me that that is happening, and that we are looking at an implementation date in April next year, I would not see any need to press the amendment to a Division.

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[Victoria Prentis]

The clause will address the current inequality in the distribution of the red meat levy within Great Britain caused by the complex movement of pigs, cattle and sheep when animals cross from one country to another for further rearing and finishing and for slaughter. The levy is collected at the point of slaughter and can only be spent to benefit that country’s industry. The clause will allow for a scheme to redistribute some producer red meat levy between the levy boards of England, Scotland and Wales. It will sit beside the current legal framework and allow the transfer of levy.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34 ordered to stand part of the Bill.

Schedule 3

Agricultural tenancies

[Ruth Jones]

I beg to move amendment 87, in schedule 3, page 50, line 15, leave out “may” and insert “must”.

[The Chair]

With this it will be convenient to discuss amendment 88, in schedule 3, page 50, leave out lines 27 to 29 and insert—

“the landlord’s consent to a matter on which the landlord’s consent is required,”.

[Ruth Jones]

Amendment 87 is designed to make it a requirement for the Government to bring forward regulations to provide a framework for tenants to object to their landlord’s refusal to allow them to enter a relevant financial assistance scheme. As drafted, the Bill provides the power for the Government to introduce regulations, but it is not a requirement. There is a trend in the Bill for the Government to use the weakest language possible or to take the most timid of approaches. In our view, it is essential that tenant farmers are given full certainty in this situation.

Tenant farmers have welcomed the recognition that they require and deserve additional measures to protect them, and this is one of the areas that we highlighted during discussions on a previous version of the Agriculture Bill. We are pleased that our probing has produced a framework of protection for tenants, but it is essential that the provisions are used. If they are not used, what is the point of having them in the Bill? If it is the Government’s intention to use the provisions, it will not be a problem to change them from a “may” to a “must”. That is one of our big points on the Bill—we would strengthen the weak wording. We want to strengthen up, not level down.

The Minister’s predecessor, now the Secretary of State, has shown a willingness to listen, engage and reflect on Opposition amendments. I hope that the Government will go further, listen harder and deliver for tenant farmers.

Amendment 88 is about action. It would close a potential loophole in the Bill about the consent of the landlord. Currently, it sets out the circumstances where any regulations will apply in respect of a landlord’s consent. They are defined as circumstances where either the agricultural tenancy legislation or the contract of the tenancy requires the tenant to have the landlord’s consent. What that appears to have missed out—I am sure it is inadvertent, but it has done so—is where the provisions of the financial assistance scheme itself require the tenant to obtain the landlord’s consent.

As an example, the current countryside stewardship scheme requires all tenants occupying land under the Agricultural Holdings Act 1986 to have their landlord’s consent, even though those tenants will have security of tenure. The amendment would ensure that tenants have recourse to the regulations in every case where the landlord’s consent is required. I am sure the Minister would not want any of the provisions or effects of the Bill to create difficulties for tenants in accessing public money for public good, which is obviously the Government’s favoured system for replacing the basic payment scheme.

I place on record my thanks to all those organisations that have made representations on the issue. I think of the Tenant Farmers Association and their chief executive George Dunn as an example of strong and effective campaigning.

These are simple, arguably technical, but important and empowering amendments. The Government have demonstrated a willingness to listen and engage to a degree, but I call on them to go further—to take the plunge and deliver on what is a cross-party and all-UK commitment to empowering and supporting our farmers. The Bill needs to be joined up, it needs to be smart and it needs to be fit for purpose. The amendments help in that purpose. I hope the Government, and indeed the hon. Member for Edinburgh North and Leith, will support them.

[Victoria Prentis]

Agricultural tenancies are a vital part of our farming industry, accounting for nearly a third of all farmland in England and Wales. I want to see a thriving tenant farming sector in the future. That is why we have included provisions in the Bill to modernise agricultural tenancy legislation.

Turning first to amendment 87, the Committee has already considered at length the use of the words “may” and “must” in legislation. I do not intend to go over those arguments again. As I said last week, the use of the word “may” is entirely consistent with other legislation in this sphere. I assure the hon. Member for Newport West that there is absolutely no doubt that the Government intend to use the powers to make these important regulations and that we will move quickly to do so. Plans are already under way to meet industry representatives for discussions on their scope and content.

I understand the drive behind amendment 88, which seeks to broaden the scope of the dispute provisions to cover any situation where the tenant may need the landlord’s consent to undertake an activity. However, the intention of these provisions is to provide tenants of the older Agricultural Holdings Act 1986 agreements with a mechanism to challenge outdated restrictions in those agreements. In some cases, they were written 30 or 40 years ago, when there was a very different policy and commercial environment. That is why it is important that the procedure for referring requests to dispute remains clearly linked to the terms of the tenancy agreement. To broaden the scope further to include any issue or activity where landlord consent is required risks unintended consequences and opens up the potential for misuse of the provisions, which could damage landlord-tenant relations.

The provisions in schedule 3 had broad support in our public consultation. They have been shaped to ensure that the interests of both tenants and landlords are considered. We will continue to consult the industry generally, including members of the tenancy reform industry group, as we develop the supporting regulations. I therefore ask the hon. Member for Newport West to withdraw the amendment.

[Ruth Jones]

Again, the Minister and I share the same broad aims and principles, which is great. However, we have not changed our minds about “may” and “must”, and the need to strengthen this legislation and beef it up to give people the protection they require. I am glad that the Minister has agreed that stakeholders will have the opportunity to lobby and that she will be consulting widely as the Bill is developed. I accept the history of the tenancy agreement Acts, but we will press the amendment to a vote.

Question put, That the amendment be made.

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[Ruth Jones]

I beg to move amendment 85, in schedule 3, page 55, line 20, at end insert—

‘(1A) In subsection (1) leave out “section” and insert “sections 28A and”.”

[The Chair]

With this it will be convenient to discuss amendment 86, in schedule 3, page 55, line 31, at end insert—

26A After section 28 insert—

“28A Disputes relating to requests for landlord’s consent or variation of terms

(1) Subsection (2) applies where a tenant under a farm business tenancy has made a request to a landlord for the purposes of—

(a) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in regulations under subsection (2), or

(b) complying with a statutory duty, or a statutory duty of a description specified in regulations under subsection (2), applicable to the tenant,

and the request meets such other conditions (if any) as may be specified in regulations under subsection (2).

(2) The appropriate authority may by regulations make provision for a tenant under a farm business tenancy to refer for arbitration under the Agricultural Holdings Act 1986 a request under subsection (1) if no agreement has been reached with the landlord on the request.

(3) Subsections (2) and (4) to (6) of section 19A of the Agricultural Holdings Act 1986 (as inserted by paragraph 7 of Schedule 3 to the Agriculture Act 2020) shall apply to any regulations made under subsection (2) of this section.

(4) In this section—

“appropriate authority” means—

(a) in relation to England, the Secretary of State, and

(b) in relation to Wales, the Welsh Ministers;

“relevant financial assistance” means financial assistance under—

(a) section 1 of the Agriculture Act 2020 (powers of Secretary of State to give financial assistance),

(b) section 19 of, or paragraph 7 of Schedule 5 to, that Act (powers of Secretary of State and Welsh Ministers to give financial assistance in exceptional market conditions), or

(c) a scheme of the sort mentioned in section 2(4) of that Act (third party schemes);

“statutory duty” means a duty imposed by or under—

(a) an Act of Parliament;

(b) an Act or Measure of Senedd Cymru;

(c) retained direct EU legislation.””

[Ruth Jones]

I will speak briefly to both amendments. Like all the amendments tabled by my hon. Friends and me, they are important, and I hope they will receive a fair hearing. They cover the elements of the Bill that look at powers available to tenants, succession rules and guidance around rent reviews. Anybody who has been to a farm or has a farm in their constituency will know that, although those areas are niche, they are incredibly important.

Amendments 85 and 86 would ensure that tenants renting land under the Agricultural Tenancies Act 1995 can object to a landlord’s refusal to allow access to financial assistance. The Bill currently omits cover for those tenants and we need to address that. That lack of protection is odd, given that, as the Minister has said, nearly half the land in the tenanted sector in England is now let under 1995 provisions. In Wales, the figure is more than a quarter of the land.

Over time, that area of land will grow and it will be important to ensure that those tenants are protected as much as those under the 1986 Act. Given that these are more modern agreements, which will have had the full attention of the legal profession in their drafting, they are more likely to include more restrictive clauses than those under the older legislation. That will cause problems for tenants if they do not have adequate recourse to object to the use of those restrictive clauses within the new policy framework.

It will be a significant failure if we cannot provide the same level of protection to tenants under the 1995 Act as we are seeking to provide to tenants under the 1986 Act. That is a simple but important point. I hope that the Minister will receive it warmly, in the spirit that it is intended.

[Victoria Prentis]

I receive all the hon. Lady’s amendments warmly. She has again raised an important issue. Farm business tenancies are a vital part of our farming industry. They provide a flexible way for established farmers to expand their business, by renting additional parcels of land. Crucially, they also open the way for new entrants, with no family connection to the land, to get a foothold in the sector.

As I have already stated, I want a thriving tenant farming sector. That is why we have included provisions in the Bill to modernise agricultural tenancy legislation. Although I recognise concerns that the new dispute conditions do not include farm business tenancy agreements, there are very important reasons for that.

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[Victoria Prentis]

The hon. Gentleman and I have undertaken to have a specific conversation later about de-linking and lump sum payments. I tried to set out the position this morning. Once a decision has been made to de-link payments, they may continue to be paid to the tenant. Indeed, the person farming the land—so the tenant—would apply for any lump sum. However, the two are separate, as I set out this morning. I hope that answers his question.

The provisions in schedule 3 had broad support in the public consultations in England and Wales. They have been shaped to ensure that the interests of tenants and landlords are considered. We will continue to consult industry widely, including members of the Tenancy Reform Industry Group, as we develop future regulations. I therefore ask the hon. Member for Newport West to withdraw her amendment.

[Ruth Jones]

I welcome the Minister’s commitment to a thriving tenancy sector—that is great news. I thank her for the explanation and for her commitment to have an ongoing dialogue with my hon. Friend the Member for Cambridge. I look forward to the outcome of those discussions. We still have reservations about this important area, but we will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 3, as amended, agreed to.

Clause 35

Marketing standards

[Daniel Zeichner]

I beg to move amendment 84, in clause 35, page 31, line 38, leave out “may” and insert “must”.

This amendment would make it a duty for the Secretary of State to make regulations as to labelling as to method of production.

We welcome the fact that subsection (2)(g) enables the Secretary of State to make regulations on marketing standards regarding farming methods. We believe that it opens the door to looking properly at the labelling of farmed products. Under the clause, however, the Secretary of State once again has a power rather than a duty and so has no actual obligation to take the matter forward. That bothers us.

We therefore believe that the Bill should be strengthened to require the Secretary of State to make labelling regulations requiring meat, milk and dairy products, including those produced intensively, to be labelled as to farming method. That would be an important development and helpful to consumers. A great step forward for consumers would be to know what they are purchasing across the board in terms of animal products. Consumers could then make decisions based on those higher animal welfare and environmental considerations.

I am reaching back to find my favourite document, or this week’s favourite document—never to hand when I want it, of course—[Interruption.] I am delighted—the Minister obviously loves the document too.

Agriculture Bill (Seventh sitting)

Ruth Jones Excerpts

Committee stage & Committee Debate: 7th sitting: House of Commons
Thursday 27th February 2020 Public Bill Committees

[Daniel Zeichner]

It is a pleasure to continue under you in the Chair, Mr Stringer. I thank you and Sir David for exercising your discretion. I will make some points about that matter in a moment, but I shall start with amendment 63; amendment 64 is consequent to it.

The reason why we want to make this amendment and think it important is that we believe that the design and implementation of the environmental land management scheme that the Government have suggested should be subjected to proper scrutiny. Amendment 63, with amendment 64, would ensure proper parliamentary scrutiny by requiring the Secretary of State to make provision by regulations for establishing any financial assistance scheme and setting out how it will be designed and will operate. Under our amendment, those regulations must be considered and reported on by an appropriate Select Committee, of the Secretary of State’s choosing—we are very generous—before being brought to the House. Amendment 64 would ensure that a proper debate on the regulations could be held by subjecting them to the affirmative resolution procedure.

I apologise to you, Mr Stringer, and to the Committee for warning that I will speak at some length on this amendment to demonstrate why it matters. This goes back to our debate on Tuesday about the Government’s behaviour in relation to publication of the “Environmental Land Management: Policy discussion document”. I am sure that everyone has carefully read it and I advise everyone to have it to hand for the next hour or so, because I shall be referring in detail to various elements of it.

Just in case anyone thinks that this is somehow a diversion or distraction, the document itself says on page 7:

“The new ELM scheme, founded on the principle of ‘public money for public goods’, will be the cornerstone of our agricultural policy now we have left the EU.”

It would be very strange if the Committee were discussing that complicated new future and we did not have a chance to discuss what will be, in the Government’s own words, its cornerstone.

[Ruth Jones (Newport West) (Lab)]

My hon. Friend is making an excellent speech. Does he agree that it is a shame that we got the ELM document—as he says, the cornerstone—too late to make meaningful progress on it on Tuesday? It is also a shame that the Prime Minister decided to take it to the National Farmers Union, rather than bringing it here first.

[Daniel Zeichner]

My hon. Friend is entirely right, and I will say more about that, as she can imagine.

This discussion is hugely important, and I hope that we will be able to give it the attention it deserves. As my hon. Friend said, the document was delayed until half an hour after the Committee had started our sitting, although I am grateful to Ministers for having the grace to look a little sheepish and to be apologetic—not their fault, I suspect. Frankly, however, it was a poor way to behave, although ironically the desired outcome was not achieved—for reasons that I am not entirely au fait with, the Secretary of State went to the NFU the day after anyway, and I understand that he had a fairly traditional welcome. It is not unusual for Ministers to go to industry events and get a bit of a roasting. I am opposed to all forms of cruelty—we will come to that later—but he clearly had a tough day.

More importantly, I fear that this has skewed the way in which we are discussing the Bill. Had we had the document in advance, we would have framed a different set of amendments to the key clause 1. I am grateful to you, Mr Stringer, and to Sir David for exercising discretion, which allowed us to table amendments to clause 2. That would not normally have been possible within the timescale. I put on record my thanks to the hard-working staff in our offices, who were up until late at night working on that, and to the Clerks, who were also up late working on potential amendments. People were under considerable pressure, and I hope to do justice to their work this morning.

I have to say that something made me cross and, when I came to read the environmental land management policy discussion document that we are talking about, at times it made me even crosser. It is a mixed bag. Some of it is excellent, and we will be supportive, but my overriding impression was that, despite detecting some extremely hard work and thought put in by officials, they had been hampered by some basic contradictions in the Government’s thinking. That is a political failing—not a policy failing—which I suspect partly reflects changes in personnel and thinking over time. The original architects—the unrepentant sinners to whom I referred on Tuesday—have moved on, and others have been left to figure out how to make a complicated set of ambitions work.

The thing that made me cross—we do not have to read far—is virtually in the opening line, although I understand that the prefaces to such documents are often bolted on at the end, possibly by eager-to-please special advisers. I will read the opening sentence:

“For more than forty years, the EU’s Common Agricultural Policy…has dictated how we farm our land”.

“Dictated”—think about that sentence. We were members of the European Union of our own free will—[Interruption.] I do not want to go over old ground, but I invite people to think about how that reads to those who might not share in support for the current situation, which is possibly half the country. It is a poor way to start the document.

Agriculture Bill (Eighth sitting)

Ruth Jones Excerpts

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 27th February 2020 Public Bill Committees

[Daniel Zeichner]

The Minister has given a welcome clarification. The obvious rejoinder is: where is the headroom in the DEFRA budget for these very ambitious plans? I suspect we will return to that question. I was just flicking through my favourite document, but unfortunately could not find the appropriate line. [Interruption.] I know; it is a shame. I am pretty sure that there is a suggestion somewhere in there that some of the money saved from basic payments could be used for some of this work. We can return to that point another day.

I am grateful for the Minister’s helpful response. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 17, in clause 2, page 3, line 35, leave out

“or operated on behalf of”

and insert “by”.—(Victoria Prentis.)

This drafting amendment is intended to clarify the exclusion of financial assistance schemes made by the Secretary of State from the definition of a third party scheme and also to achieve consistency with other references in the Bill to things done by the Secretary of State. As a matter of legal interpretation a reference to something done by the Secretary of State will pick up things done by others acting in the name of or on behalf of the Secretary of State.

[Ruth Jones (Newport West) (Lab)]

I beg to move amendment 49, in clause 2, page 3, line 35, at end insert—

“(5A) Financial assistance shall not be given for any act or activity in pursuit of a purpose under section 1 if the land on which that act or activity is to take place is to be used by the applicant, or by a person acting with the consent of the applicant, for hunting of a wild mammal with a dog, whether or not that hunting is exempt under section 2 of the Hunting Act 2004.”.

Amendments 49 and 50 would provide that no financial assistance can be given for land which is to be, or has been, used for hunting (including exempt hunting), or on which an offence has been committed under the Hunting Act.

[The Chair]

With this it will be convenient to discuss amendment 50, in clause 2, page 3, line 35, at end insert—

“(5A) Financial assistance shall not be given for a purpose under section 1 if land on which any act or activity is to take place in pursuance of that purpose is land on which—

(a) an offence has been committed under section 1, 3 or 5 of the Hunting Act 2004, or

(b) exempt hunting, within the meaning of section 2 of the Hunting Act 2004, has taken place since 18 February 2005.”.

Amendments 49 and 50 would provide that no financial assistance can be given for land which is to be, or has been, used for hunting (including exempt hunting), or on which an offence has been committed under the Hunting Act.

--- Later in debate ---

[Ruth Jones]

It is a pleasure to serve under your chairmanship, Mr Stringer. I am very pleased to have the opportunity to speak to amendments 49 and 50. Mindful of the Chair’s previous exhortations, I will not read out the amendments, but I remind colleagues that both amendments ensure that no financial assistance can be given for land that is to be or has been used for hunting, including exempt hunting, or on which an offence has been committed under the Hunting Act.

These are important amendments. I hope the Minister will think carefully about the need for us to show leadership and for this Parliament to pass legislation that is bold and strong and enshrines our values. Those values mean that I am especially pleased to speak to the amendments.

Colleagues on this side will not need to be reminded, but I want to reiterate to the Minister and her Back Benchers that Labour is the party of animal welfare. The Conservative party likes to talk about the last Labour Government—so do I: we should remember that, when in government, Labour brought forward the landmark and history-making Hunting Act 2004.

[Mr Goodwill]

Is the hon. Member talking about the most recent Labour Government or the actual last Labour Government?

[Ruth Jones]

I will pass on the semantics, but I thank the right hon. Gentleman.

The Conservative party has an appalling record on animal welfare in government. Announcements are often piecemeal, weak and kicked into the long grass when it comes to the advancement of animal welfare in every sense, including providing financial assistance for land on which hunting takes place.

Many colleagues have repeatedly raised concerns about the use of trail hunting as a cover for illegal hunting. The weight of evidence from independent monitors and non-governmental organisations shows that trail hunting is not a genuine activity. Indeed, a poll commissioned by the League Against Cruel Sports found that only one in six rural residents believes that hunting with dogs reflects countryside values; more than nine in 10 think that observing nature reflects true rural values.

The Bill needs to show that we care, that we will lead by example and that legislation made in this House is relevant and sensible. Wildlife crime continues to blight many of our rural and green spaces, and many animal species across the country. There can be little confidence on the Government Benches that wildlife crime is being tackled effectively when the National Wildlife Crime Unit now has only 12 members of staff: they are required to cover the entirety of its UK operations. We need to get our house in order, and provide adequate resources to ensure that we can enforce legislation.

I mentioned the successes of the last Labour Government.

[Thangam Debbonaire (Bristol West) (Lab)]

Mention some more!

[Ruth Jones]

I will. This month marked 15 years since hunting with dogs was banned in England and Wales—two years after a ban was introduced in Scotland by the then Labour-led Government of my noble Friend, Lord McConnell, through the Protection of Wild Mammals (Scotland) Act 2002. The 2004 Act, which banned hunting in England and Wales, was a landmark moment in the fight against animal cruelty, but there is still much to do to end the scourge of fox, deer and hare hunting in the British countryside.

I am sure that Members from across the House will have received pleas from constituents of all ages during the election that we continue to make progress on measures to tackle animal cruelty. In my constituency, I received numerous pleas that we take the matter seriously. I would go so far as to say that people in Newport West care more about animals than they do about—no, that is not true. It could be construed as such, but obviously they care equally for animals and people.

There are still 299 hunts active across Britain. Frankly, the sheer scale of the problem is shocking. The loopholes are widely exploited, and exemptions in the law show that we need to strengthen the ban. We can do that by supporting the amendments. The Government need to crack down on illegal hunting, and they can do that by strengthening the Bill and supporting the amendments. There is no real space for people to excuse away the chasing and killing of foxes as a mere accident, and what possible scientific research could justify chasing deer with dogs for hours across miles of countryside, only to shoot them at the end?

As the system of agricultural support payments shifts towards payment for public goods, we must ensure that public money does not support a cruel sport that should have been consigned utterly to history long ago. It cannot be right for public money, designated to fund real public goods such as animal welfare, could end up being be paid to places where land is also used for hunting with dogs. The amendments would rule that out, and should be accepted by the Government. Landowners are an important link in the chain. Hunts need land to operate on, and the more they are denied it the less opportunity there will be to flout the law.

If we make every effort to remove the temptations and opportunities to hunt, we will be doing what we can to stop the illegal killing of innocent animals. That was recognised by the Labour group of Nottinghamshire County Council, which passed a motion calling for the end of hunting, including exempt hunting, on council-owned land. I pay tribute to colleagues on the council for their activism and campaigning, and for standing up for what is right. By preventing support payments being paid to landowners convicted of knowingly allowing illegal hunting to take place, which we can do by supporting the amendments, we will ensure that landowners think twice before allowing hunting on their land, and provide added impetus to police and law enforcement authorities to pursue charges when they suspect landowners to have broken the law.

I am pleased that the new Minister has been appointed. I genuinely look forward to working with her on the Bill and working with her in the months and years ahead. When I was preparing this speech, I visited her website to see her views on hunting and what she said when she was an enthusiastic and conscientious Back Bencher. Like all good pupils, I found some interesting material. Under a section called “Victoria’s views”, the now Minister, then Back Bencher, noted that some of her constituents would disagree with her support for the repeal of the Hunting Act 2004. I confess that that applies to me too.

The Minister also said that she believes that her support for the repeal of the Act does not mean that she has no regard for animal welfare. I say to her today that she should show us how much she cares by supporting these important amendments. She went on to say that,

“the Government should work closely with rural communities, animal welfare experts and lawyers”.

She is now part of the Government, so she can listen to the experts and support amendments that demonstrate our commitment to strong, secure and effective animal welfare policies.

Opposition Members are committed to ending the hunting of animals with dogs once and for all. The end goal is clear, but it requires us to be on our guard and alive to the new opportunities that may arise to continue the chasing and killing of animals. Amendments 49 and 50 would be an important step on the way to meeting our end goal. I hope that hon. Members on both sides of the Committee will support them.

--- Later in debate ---

[Ruth Jones]

I thank hon. Members for their interventions and the Minister for her comments. I thank the right hon. Member for Scarborough and Whitby for his advice about not taking things at face value. I promise him that I have spoken at length to farmers in my constituency about hunting, as well as pest control and vermin control, which are two very different things.

I take the right hon. Gentleman’s point about the potential unintended consequences of the amendments. We are willing to work with others in this room to ensure that the amendments are drafted soundly and safely, but we wish to put forward the basic spirit of the amendments today. He has gone to extremes by suggesting that no landowner in the country would ever get any money again. The hon. Member for Rutland and Melton made the point about cats killing mice and rats. My cats killed mice and rats, but I am not seeking public money for public good. That is the difference.

[Mr Goodwill]

Cats are exempt from the Bill, so that would still be allowed.

[Ruth Jones]

I thank the right hon. Gentleman for that, but the point is, if one is not seeking public money for public good, it is not a problem.

We need to work together to ensure that these amendments come through. Everyone is aware of the pressure groups. There is the idea that hunting is a sport, and it has been taken up as a sport over hundreds of years. We, as a civilised society, should look to close that down. We have no problem with controlling vermin. The right hon. Gentleman made the point about foxes, which I completely understand, having had friends who have had chickens decimated by foxes, which, as he knows, do not eat them, but leave them.

We have no problems with controlling pests and vermin, but hunting is a massive game in the countryside and people do not want to see animals being put through this insecure and frightening sport. The evidence of the unintended consequences of hunting is clear: cats and dogs are killed as a result of trail hunting. It is important that we mitigate to stop that. While we are happy to work together on the wording of these amendments, it is important that we work together to ensure they are accepted. The spirit of them is very clear and I hope the Government will accept that.

Question put, That the amendment be made.

--- Later in debate ---

[Victoria Prentis]

No.

Question put and agreed to.

Clause 2, as amended, accordingly ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.

Clause 4

Multi-annual financial assistance plans

[Ruth Jones]

I beg to move amendment 37, in clause 4, page 5, line 14, after “period” insert

“, and

(d) set out the budget for each financial assistance scheme under sub-paragraph (c)(i) or (c)(ii) for the duration of the plan period”.

This amendment and Amendments 38 and 39 provide that the Secretary of State’s multi-annual financial assistance plan must include a budget informed by the Office for Environmental Protection to be established by the Environment Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 38, in clause 4, page 5, line 38, at end insert—

“(9A) For each financial assistance scheme, the Secretary of State must have regard to any advice provided by the Office for Environmental Protection, after it is established, about the funding required to achieve the strategic objectives of financial assistance for the duration of the plan period.”

See explanatory statement for Amendment 37.

Amendment 39, in clause 5, page 6, line 10, after “scheme,” insert—

“(aa) any opinion provided by the Office for Environmental Protection, after it is established, as to whether the financial assistance given was sufficient to meet the strategic objectives of the financial assistance,”.

See explanatory statement for Amendment 37.

[Ruth Jones]

These important amendments call for the Secretary of State’s multi-annual financial assistance plan to include a budget informed by the Office for Environmental Protection, which is to be established by the Environment Bill.

The Environment Bill received its Second Reading yesterday and many important points were raised on the Floor of the House. They will receive their own scrutiny, and I will not touch on that legislation today—we certainly have enough to be going on with here. However, there are some important links to the Bill before us, particularly when it comes to the Office for Environmental Protection.

The fact that there are three big environmental Bills going through the two Houses at the same time shows that the Government have realised that they are running out of time to prepare for our ultimate departure from the European Union and that they need to get to grip with the challenges facing this important sector. They are running out of time to prepare our farmers, our farm workers and the agricultural sector more generally for the years ahead.

Our amendments call for the Office for Environmental Protection, for which the Environment Bill makes provision, to influence what Ministers do when it comes to the multi-annual financial assistance plan and the budget contained within it. We believe that the Office for Environmental Protection must be independent. It must be strong and it must be clear about its remit and the expectations upon it. It must push for higher standards, it must push for non-regression and it must push for measures to tackle the climate emergency. If it does those things, then it makes sense for the multi-annual budget to be informed by the scope, remit, strength and inspiration of the Office for Environmental Protection.

We hope that these probing amendments will encourage Ministers and Government Members to develop strong and clear mechanisms that make for long-term and organised funding structures. They are designed to fill the gap in the Bill’s proposal for multi-annual financial settlements. The Bill is silent on how the budget or funding envelopes are set in the first place. We have already had much discussion on that and I look forward to any clarification the Minister can give on those points.

Many stakeholders have raised concerns and called for clarity and further thinking on this point. Whatever proposals are finally agreed and provided for, let us be led by the facts and the experiences of those out there on the farms in our rural communities in all parts of the United Kingdom. That is why the amendments are so important.

The Opposition are giving voice to the concerns today, but it is not just we who are worried. Greener UK says that it wants to see a stronger and enhanced framework for long-term funding in the Bill, which will inspire confidence and demonstrate to the sector that the Government understand the pressure on it, and the need for us to support it wherever we can. The Nature Friendly Farming Network supports calls for greater certainty about long-term funding and notes the need for the Bill to be as strong and effective as possible. I say to the Minister that we should be listening to the experts. That is not just my view; it is the view of the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He noted the other day that we need to listen to experts, and do you know what? I agree with him.

It is clear to me that the more certainty Members have and the more certainty the people out in our country have, the better. There are many people right now who are concerned that we do not have much certainty past 31 December 2020. Admittedly, there have been commitments to maintaining the current level of funding, but so far they are just commitments and they do not necessarily sit well with some of the comments and press coverage on payments to farmers that we saw in the weekend press. I am sure the Secretary of State would attest to the strength of feeling he encountered at his meeting this week.

Clarity, transparency and respect are going to be key now and into the future. Let us make it so and support these amendments today.

--- Later in debate ---

[Daniel Zeichner]

I welcome much of what the Minister says, but our concern and our reason for tabling the amendments is that, positive though her comments are, this is such a big change that we think it right and proper that there is more regular analysis of it, informed by the OEP. I fully understand why she does not want to rehearse the OEP discussion.

As I have said, our view is that the Bills have been introduced in the wrong order, which puts us at something of a disadvantage. However, if the prime, driving purpose of this legislation is to tackle the environmental crisis, as we think it should be, we do not think that the proposed structure—welcome though it is, and it is an improvement—quite matches that sense of urgency. I perhaps should have said more on this earlier. Seven years is a long time for a transition. While we understand why that is beneficial from the industry’s point of view, from my constituents’ point of view, some want it next week, frankly. People are pushing very hard. At the general election, my party committed to a much earlier net zero date, and we know that the NFU is pushing for a much earlier date than the Government’s. However, there is not that sense of urgency, which our amendments would help to bring forward.

As my hon. Friend the Member for Newport West said, it is not only us saying this; many conservation organisations share our concerns and worries. Their worry is partly that a considerable sum of public money is available and, as I have alluded to before, we want to know how the prioritisation will work. Will it be done at a local or national level? The document that we have been referring to throughout the sitting hints at an issue about prioritisation.

I somewhat mischievously suggested that the money could all go to one scheme, but that is not actually impossible, which is why we want a structure where the Office for Environmental Protection could say, “This is where your big gains are going to come from. This is where you’re going to get the difference.” There is a tension, however, between what would get the best environmental gain, what is most effective, and what will, out there in the world, be perceived as fair in a transition phase from the current system to a new one. That is why we think our amendments would provide a better structure.

We understand that there is tension because the Department wants flexibility; I am sure that if we were running the Department, we would want the same. It is our job as the Opposition, however, to remind the Government that they voted to acknowledge the climate crisis and to try to hit net zero in 2050. In every piece of legislation that is brought forward, we want to see a real commitment to making that happen. We think the amendment would contribute to that.

[Ruth Jones]

I thank the Minister for her honesty about the current funding uncertainties and the issues. I appreciate that she has a massive job on. I am glad to be on this side of the room.

[Victoria Prentis]

We’re glad too.

[Ruth Jones]

The Minister is quite right that there will be lots of new acronyms—OEP, MAFA—and we are frantically learning them, so she must bear with us. She is honest in the way that she has expressed her concerns.

We accept that there will be a lot of co-operation—hopefully—as the Bill progresses, because it is important that this is not about us and them. It is not adversarial; a lot of this should be consensual. We should work together to make sure that we get the best for the agriculture sector across the UK—in all four countries. We look forward to lots of probing questions not just from Opposition Members, but from hon. Members on both sides of the House. We look forward to developing and fully understanding the complexities and intricacies of the Bill. With that in mind, I thank the Minister for her comments and beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Clause 5

Annual and other reports on amount of financial assistance given

[The Chair]

Two amendments to clause 5, amendments 39 and 47, have been debated. Do the Opposition wish to press either of them to a vote?

[Ruth Jones]

No.

[The Chair]

If no, we move on to the clause stand part debate.

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Victoria Prentis]

Thank you, Mr Stringer. I am so sorry to have to keep checking such matters.

Turning to new clause 2, the introduction of the multi-annual financial assistance plans has been welcomed by agricultural stakeholders, including the National Farmers Union. Clauses 4 to 6 will ensure that public stakeholders and parliamentarians have plenty of opportunities to scrutinise the Government’s spending on agriculture, as well as the impact of that spending. Were the new clause to succeed, Ministers would have to return each year to report on every purpose under clause 1. That could have the perverse outcome of schemes being designed to meet the report, rather than activities achieving outcomes in the best way.

Instead, our approach will ensure that we look to meet the outcomes in the most beneficial way—for example, by planting trees, the positive environmental effects of which may not show up for many annual reports but would be felt over a much longer period. We recognise that farms and land managers need certainty over future funding arrangements. That is why we have committed to a seven-year transition, starting in 2021, and have introduced a legal requirement to set out our strategic priorities for the transition period before the end of the year. We have also pledged to continue to commit the same cash total that is currently spent for each year of the Parliament.

I recognise the need for certainty, and it is right that the general public should be able to scrutinise our spending; however, the Bill already gives plenty of opportunity to do that. I therefore ask the hon. Member for Newport West not to press the new clause.

[Ruth Jones]

I am pleased to speak to new clause 2, which would require the Secretary of State to report annually on the financial assistance given or allocated to each of the purposes of the Bill, on its sufficiency to meet policy objectives, and on the Secretary of State’s intentions if, in their opinion, funding for any purpose was not sufficient.

This is an important part of our deliberations, because it is about how we ensure that funding for each public good is adequate and effective. We accept that the Government have a majority in the House, so we must ensure that whatever system they design will work for our farmers, planters, growers and all the livelihoods and communities dependent on a thriving and well-funded agricultural sector. The new clause is about certainty and predictability, ensuring that the Bill provides for a sustainable, effective and transparent funding structure that helps rather than hinders this important sector in our economy.

There is a degree of understanding that no Government can say how much money there will be and where it will come from, but we can have a mechanism that can be reviewed every year. In fact, the system should be reviewed every year, too. Now that austerity is supposedly over, the Government could say to our farmers that money will be available to do all the wonderful things that they promised them during the referendum. That is why it is so important that the new clause is added to the Bill.

If the Minister does not accept the approach set out in new clause 2, what approach will the Government take to providing clarity, to ensure that there is a transparent and genuine approach to funding, and maintaining a detailed annual update on the state of play? I recognise that times will change, and in the future a new Minister will sit on the Treasury Bench. There will be a new Prime Minister at some point, too. I know that the Government cannot commit to money that future Governments will spend, but the Minister can commit to the mechanism. We ask the Government to look closely at the new clause, and we hope that they listen to us, and all those crying out for clarity and common sense.

We have already learned that the British Government spent about £3 billion on the common agricultural policy in recent years, as members of the European Union. We are now starting the process of leaving the European Union, and are sitting in a transition period. I worry that the period will run out far sooner than the Government realise, especially given the announcement about the forthcoming talks concluding this June. We are now on the outside, and those funds can be diverted to delivering public goods to improve the quality of our soils and water; protect, maintain and enhance the natural beauty of our landscapes in all parts of the United Kingdom; and tackle the climate emergency and protect vulnerable communities and industries from the most brutal and deadly effects of climate change. The storms in the past couple of weeks are a very clear example of that.

--- Later in debate ---

[Mr Goodwill]

The hon. Lady refers to the EU budget. May I ask her how many times in the past 20 years it has actually been signed off?

[Ruth Jones]

Obviously, the right hon. Gentleman has far more technical knowledge than I do on the subject. I will not give a figure for fear of its being wrong. I accept that he has a lot more information. All I would say is that we were actually at the table and were part of discussions. We were not excluded; we were very much included. Even Margaret Thatcher agreed that we were part of those discussions, so I accept that.

[Daniel Zeichner]

My hon. Friend is making a very good speech, but I cannot resist joining battle with the right hon. Member for Scarborough and Whitby, who refers to an old canard about the European Union. Of course we all wanted the auditing to work better, but are we so sure that it works so well here? If he is confident that it does, he would support the amendment, which is an opportunity for us to show that we can do it so much better. I invite him to join us today.

[The Chair]

Order. We are straying some way from clause 5 and new clause 2, so I ask the hon. Lady to come back to them.

[Ruth Jones]

Thank you for your valuable advice, Mr Stringer. I intend to get back to the subject, without the sparring, which would be very interesting.

Our farmers deserve a funding and reporting system that they can understand and is fit for purpose. In fact, they deserve to have a system in place, full stop. Farmers across Wales, Northern Ireland, England and Scotland are very worried indeed. They have let us know in no uncertain terms exactly how concerned they are, and I share their worries. If a mechanism for reporting annually is not in place, a future Government of whatever colour or persuasion could in effect just say, “Well, there isn’t enough money, so we are making large cuts, including to all those wonderful schemes we talked about and told you we would keep.”

I say this to the Minister. This is a time not for empty words or—dare I say it?—hot air, but for common sense and for the Government to recognise that they have a responsibility to farmers and farm workers across our country. That is why new clause 2 should form part of the Bill, and I hope Members from across the House will reflect, consider and give their support to it.

[Daniel Zeichner]

My apologies, Mr Stringer, for straying slightly from the detail of the amendment. This is an important amendment, because it says that the public should be able to go through the list of extremely good aspirations in clause 1, on which there has been no disagreement, and see how much money has been allocated to each of those categories, including managing land or water in a way that protects or improves the environment—I will not go through the whole list. That begins to make it real for people. It is fair to say that it was pretty hard to see how the money that they were putting into the European Union was being spent.

This is a great opportunity for the Government. Imagine the Secretary of State or the Minister being able to stand up next year and say, “For each of these categories, this amount has been spent.” The Opposition will be able to do the opposite: we will be able to point to subsection (1)(f) and say, “Actually, it appears that no money at all has been allocated to protecting or improving the health or welfare of livestock.” The goal is to make it simpler and more immediate, like the excellent moves made some years ago by, I think, Lord Whitty to get some transparency about how the money was spent through the CAP in the first place. That transparency allows any of us to look through the statistics on the DEFRA website and see just how much money is being allocated locally and to which organisations, and I am sure some of us have done so.

David Cameron always said that sunshine was the way to throw light on something—to open it up and make it more transparent. I should have thought that the Government would be keen to do so and trumpet their achievements in that way. However, it appears that we are still lost in this slightly opaque, internal world of money effectively being allocated behind closed doors. This amendment opens that world up, gives people the opportunity to ask questions, and gives the Government the opportunity to trumpet their achievement. I cannot for the life of me understand why they do not want to do that—other than that, of course, it is never what Governments do.

UK Chemical Industry: Regulatory Divergence

Ruth Jones Excerpts

Wednesday 26th February 2020 Westminster Hall

[Ruth Jones (Newport West) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Sharma, and I pay tribute to my hon. Friend the Member for Sefton Central (Bill Esterson) for having secured this important debate. I also welcome the Minister to her new position; I know she takes a keen interest in green issues and in waste, and I look forward to hearing her response on chemical regulation in a post-Brexit UK. I expect it will be very interesting.

This has been an informative debate. Obviously, we have experts in the room: I bow before their expert knowledge, which has brought things together much more coherently for me. I will leave the Chamber with much more knowledge than I came in with, for which I thank the Members who have spoken.

One thing that we already knew before coming here was that our departure from the European Union would change how we do business, how our country functions, and how we ensure that chemical regulation in the UK is going to be fit for purpose in the years ahead. Although this may seem like a niche issue, it has been clearly articulated that chemical regulation is going to have a wide impact on the UK as a whole, so we must take that on board and make sure we deal with it carefully. We on the Opposition Benches echo the concerns of the chemical industry and the Royal Society of Chemistry. On this and many other issues, we ask the Government to be wise and careful when it comes to diverging from the standards and regulations that consumers, industry and our global partners have come to expect here in the United Kingdom.

As we have heard, chemicals manufacturing supply chains are well established, with materials often crossing the channel several times for some of the most complex products. Even the most minimal tariffs that would apply if the Government crash us out with no deal, combined with the requirement to respond to separate regulatory regimes and the need for documents to precede foods at borders, would have a negative impact on future manufacturing supply chains and strategies in the UK.

The Government are starting their approach to the coming months from the negotiating position that there will be no dynamic alignment with EU regulations in a new UK-EU trade deal, and have indicated that divergence will feature heavily. I am particularly concerned that the Government have not indicated an intention to seek close co-operation with the European Chemicals Agency. Regulatory divergence has the real potential to severely impact the quality and strength of public health and environmental protections. We should be levelling up, not cutting ties.

As the Royal Society of Chemistry and others have said, it is important for the Government to be conscious of divergent sources of data. Harmful divergence could occur if the evidence base is not harmonised, so a new and binding legal agreement is needed in order to continue sharing commercially sensitive data between authorities in the UK and the European Chemicals Agency.

I reiterate to the Minister and to Members on the Government Benches that hurried divergence, done in order to pretend to the British people that everything will be done and dusted by the end of 2020, will be dangerous and reckless. If all we see are quick, short-term economic international trade wins or speedily rolled-out innovations, the people out there will know what the Government are up to. I do not want lowered environmental protections or a risk to public health in Banbury, in Newport West, or in any other part of our United Kingdom.

I share the concerns of my colleagues on the Opposition Benches, particularly my hon. Friends the Members for Sefton Central, for Stockton North (Alex Cunningham) and for Stretford and Urmston (Kate Green), as well as those of the hon. Member for Angus (Dave Doogan) —it is a shame that his constituency does not also begin with an “S”; that would have been much more alliterative—about the economic impact on British industry if divergence leads to negative consequences for our ability to trade products with the European Union.

The Government also need to be careful about what their approach means for business and industry, because they could land up doubling the burden on business and industry through masses of extra regulation. For example, the REACH regulation refers to the EU regulations on chemicals, as has been clearly articulated by all Members who have spoken this afternoon. The extra cost to UK businesses of duplicating EU REACH in the United Kingdom after the transition period is estimated by the Chemical Industries Association to be in excess of £1 billion, without any environmental benefit and potentially forcing duplicate testing. We call on the Government to do all they can to avoid that sort of duplication and deliver the essential solutions required to grow the environmental, social and economic performance of our country.

I pay tribute to the Chemical Industries Association for its work on this issue. It has made clear that securing a deal with the European Union that guarantees tariff-free trade, regulatory alignment and access to skilled people continues to be of critical importance for the chemical industry, which will rely on our future relationship being as frictionless as possible.

I hope the Minister will address many of the concerns highlighted today, particularly about the willingness to inflict damage on our industries through a policy of divergence. I thank my hon. Friend the Member for Sefton Central for having brought this issue before the House, and look forward to working with him and the sector on this important issue in the weeks and months ahead.