(5 years, 6 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mrs Moon. The inspection regime, which is crucial—there is no point in passing legislation unless we can enforce it—does not enable police officers to take part in enforcement of the Bill. Members of the public would be a bit surprised to find out about there being areas of the law in which the police are not allowed to be involved, so I urge the Minister to reconsider whether the police should be involved and allowed to take part in inspections and enforcement of the Bill.
I will be brief—if I had been a bit quicker off the mark, I would have intervened on the Minister. My concern is that, as with so many other aspects of the Minister’s Department, although there will be powers of inspection, unless there is proper resourcing and people in place doing the job with the power to carry it through from start to finish, it all becomes pretty meaningless. We see that, for example, in the work of the Environment Agency. Will he reassure us that the power for action will mean something in practice?
(5 years, 9 months ago)
General CommitteesIt is a pleasure to serve under your chairmanship, Mr Austin. Once again, we are discussing a statutory instrument that tries to make provision for a workable regulatory framework after Brexit in the event of our crashing out without a deal. Each time, Labour Members have spelled out our objections to the Government’s approach to secondary legislation, but I make no apology for doing so again because the volume of EU exit secondary legislation undermines accountability and proper scrutiny.
The Government claim that no policy decisions are being taken, but establishing a regulatory framework necessarily involves matters of judgment and raises questions about resourcing and capacity. The potential cumulative impact of all this secondary legislation will be immense, especially in some sectors. Because of the limited accountability that it allows, secondary legislation ought to be used only for technical, non-partisan, uncontroversial changes. Instead, the Government continue to push through contentious legislation without the opportunity for proper in-depth scrutiny. In that light, the Opposition put on record our deep concern that the processes regarding the draft regulations are not as accessible and transparent as they should be.
The draft regulations need to be seen in the context of the withdrawal agreement and the draft Environment (Principles and Governance) Bill. The draft Bill is not capable of maintaining current EU protections because it does not create an effective body that can make judgments binding on public bodies or Departments, or impose meaningful sanctions. The public can have no confidence in the Government’s proposed environmental watchdog if it is appointed by and reports to DEFRA. In any case, there will be an environmental governance gap from leaving the EU until the date when the proposed watchdog starts to function, even if the proposed Bill is not delayed.
It is essential not to allow Brexit to be used as an excuse to reduce or weaken our environmental protections. If we are to keep in step with any environmental improvements, the Government must ensure that the UK commits to non-regression on environmental standards with the EU, and they must give that commitment legal clout in the environment Bill.
The explanatory memorandum to the draft regulations states:
“This instrument does not make changes to substantive policy content.”
It will, however, allow UK authorities, particularly the Secretary of State, to make changes that could have a significant environmental impact. The powers of the EU Commission under the persistent organic pollutants regulation will be transferred to the Secretary of State, who will be empowered to amend the draft regulations by statutory instrument subject to the negative procedure. There is nothing in the draft regulations to prevent the present Secretary of State or any subsequent incumbent from watering down the regulation of POPs. If they did so, the negative procedure would give Parliament precious little control over their decision.
The aim of the European Parliament in passing the POPs regulation was to phase out their use as soon as possible or restrict their production and use, minimise POP releases and establish provisions regarding POP waste. The Commission currently has the power to amend POP waste concentration limits and ban or restrict their use in accordance with international agreements, but where is the provision in this SI to ensure that the Secretary of State will only tighten the regulation, or that he will do so in step with other countries? The devolved nations will have their own arrangements, which may afford more democratic control, but in England, Parliament is not taking back control of the regulation; it is passing it to the Secretary of State.
The European pollutant release and transfer register is a publicly accessible electronic database that implements a protocol of the United Nations Economic Commission for Europe to facilitate public participation in environmental decision making, as well as contributing to the prevention and reduction of environmental pollution. But where is the breadth and depth of expertise available throughout Europe—let alone the resources—to inform a British version of the register? How can we possibly do anything other than take our cue from Europe on these matters, without any longer having the power to influence them? Surely the same is true of the Nagoya protocol. The Commission has the power and duty to establish and monitor the use of a register of genetic resources collections. Transferring them to the Secretary of State will take away the valuable shared knowledge and practice that we currently enjoy.
Again, with the shipment of waste regulation, the Commission has the power to establish the technical and organisational requirements for the practical implementation of electronic data interchange; to establish procedures governing the export of wastes; to maintain a correlation table to support enforcement; and to amend to reflect international agreements and changes in other EU legislation. Those functions are to be transferred to the Secretary of State, but what possible sense does it make to replicate all that activity at a national level? How much additional cost will be involved? How will the UK keep in step with any changes in EU legislation? If we do not, how will we be able to maintain our shipments of waste to EU countries for treatment? It is all very well for the Secretary of State to talk about developing our own recycling facilities, but we cannot do that for all our waste by December 2020, let alone by 29 March.
In the regulations regarding wildlife and trade, the powers to amend, for example, to add a country to the list of approved countries from which we will be allowed to import animal pelts, will transfer to the Secretary of State. However, whether he or any subsequent Secretary of State decides to stiffen or relax such regulations will be a matter for further regulation and not easily challengeable by this Parliament or anyone else.
That was going to be my question to the Minister. There is keen public interest in ensuring that we do not promote the fur trade in any way, shape or form. It is one thing to say that discussion at the European level does not have direct democratic oversight, but it is a big discussion, involving lots of countries and with a big political debate around it; if we are talking about a Committee such as this one, or perhaps the Secretary of State or an official exercising functions in an office somewhere in Whitehall, I worry that the policy agenda will move on without our realising that something we would not have accepted is happening.
I totally agree with my hon. Friend. We would much prefer provision in every single regulation to make it clear that the Secretary of State cannot relax or move backwards on any current EU regulations under a statutory instrument subject to the negative procedure. That is the major flaw of a large number of such instruments. With most of the transferred powers, the functions can be exercised by the Secretary of State without a requirement to obtain expert or technical input or the need for consultation with those likely to be affected. That is a recurring theme.
Despite the reassurances of the Secretary of State— I mean, of the Minister—sorry, an instant promotion there.
(6 years ago)
Public Bill CommitteesAmendment 113 revisits the issue of food waste, which we discussed last week. I declare that I am chair of the all-party group on food waste. We submitted a response to the “Health and Harmony” consultation paper, along with organisations involved in food waste campaigning—This is Rubbish and Feedback. I am pleased to see that the Government have made some progress recently, particularly in the food waste reduction road map, but their approach still seems to be based on voluntary action. It is important that we see something more specific that binds the Government to future action.
There are powers in the Bill that could be used to require those in the agri-food supply chain to supply information on waste in the supply chain. The explanatory notes state that clause 14(4)(f)
“allows data to be collected for minimising waste from agri-food supply chains, which may include food waste”.
Mandatory food waste audits are crucial if we are to get any idea of the scale of the food waste problem and who is responsible for where it occurs in the supply chain. We said last week that too often there is a focus on the consumer end, and I am keen to ensure that it is not just the farmers who are blamed for this. Many of the problems are caused by what happens in the middle—the pressures that supermarkets and food manufacturers put on farmers, and the way that products are marketed and sold to consumers .
We had a debate yesterday about plastic packaging. One of the barriers to the reduction of plastic packaging in supermarkets is that they are very reluctant to let anybody know exactly what is happening. If we are going to reduce food waste, we need to make sure that supermarkets give that information.
That is true. Some supermarkets have been a lot better than others. Tesco has taken quite significant steps in auditing the waste in its supply chain; others have only paid lip service. One of the problems with the way that the Courtauld commitment works is that everyone is bundled in together and they report in aggregate, so we do not know who is making progress and who is not. We are also committed to meeting sustainable development goal 12.3, and I believe we should make that a binding statutory target, which must be done in legislation.
There is certainly evidence that, whereas under the Groceries Code Adjudicator regime produce should not be rejected because supermarket buyers have just decided they do not actually need what they are contracted to buy, they are increasingly using cosmetic reasons as an excuse, because they are still allowed to reject on cosmetic grounds. A crop of potatoes in one period might be entirely acceptable to the supermarkets because they need those potatoes, but then, on cosmetic grounds, they will reject produce that looks almost identical, because they have got their predictions wrong and do not actually need the potatoes they thought they would. Sometimes this produce is not going to be sold as nicely smooth and rounded baking potatoes packaged up in the supermarket; it will be going into products where the shape does not matter, but the supermarkets have got their predictions and buying calculations wrong and do not actually want it, so they use cosmetic reasons as an excuse.
The memorandum on the delegated powers in the Bill says that clause 20 provides powers for new marketing standards that could be used to
“reduce food waste (for example, by having the flexibility to change any standards that are purely visual)”.
That picks up the contention about EU marketing specifications being responsible for some produce being rejected. As I understand it, the supermarket standards are actually much higher than the EU marketing standards, so the fault does not lie with EU standards; the issue might be supermarkets trying to employ them as an excuse. I think that having more flexibility in relation to marketing standards is unlikely to make a difference, and I hope that the Minister addresses that point.
My key point is this. When we discussed amendment 85, I think, the Minister said we should not make farmers responsible for meeting the food waste target, as most of the time they are not responsible for food waste, and I absolutely agree. That is why the mandatory target should sit in this part of the Bill, where we are talking about the supply chain.
I have said that the Courtauld 2025 commitment is a helpful tool, but it is not ambitious enough. The fact that participation is voluntary means that it will never achieve as much as we would like and will certainly not get us towards the sustainable development goal. However, when Courtauld 2025 was announced, the Waste and Resources Action Programme was meant to be generating a baseline for primary production by the end of 2018. Can the Minister update us on that? My understanding is that it might now be only an estimate rather than a set figure. The fact that there have been funding cuts to WRAP and the industry is still being secretive with its data means that we cannot come up with the baseline that we would like to see.
Finally on amendment 113, I just reiterate the point that we want to see a level playing field. At the moment, 89 businesses have signed up to the food waste reduction roadmap, but that is fewer than half of the top 250 food businesses. Again, the good guys will sign up and get a lot of credit, and then the Government can say, “This is really working. We’ve got companies that are doing their best to reduce food waste.” But what about those companies that have not signed up? I will leave the food waste side of things there.
Amendment 114 is a probing amendment to follow up on a debate that I had a few weeks ago, on international Anti-Slavery Day, about modern slavery and labour exploitation in supermarket supply chains. We know that the sector has a really serious problem with that. The International Labour Organisation estimates that agriculture, if grouped with forestry and fishing, is the sector with the fourth highest proportion of victims of forced labour worldwide. Other sectors, such as apparel—the fashion or clothing industry—seem to be getting to grips with the problem, but the food sector does not appear to be. I mentioned many examples during that debate, so I will not go into detail now, but they ranged from organised crime in the Italian tomato-growing sector to workers in the Thai seafood industry—cases of torture, enslavement and workers being kept at sea and passed from ship to ship for years at a time, with 59% of workers, I think, saying that they had seen the murder of a fellow worker. In this country, we still very much have an issue with gangmasters and poor conditions in the sector.
Oxfam has sent up the Behind the Barcodes scorecard, which rates supermarkets on their transparency, accountability and treatment of workers and farmers. There is also a gender element, because women tend to be more likely to be victims. On that scorecard, Tesco again comes out best—at 23%. It did actually come along to a meeting of the all-party group on human trafficking and modern slavery, which I thought was good. It listened to the clothing industry talk about what it had done, and it seemed keen to do more. So Tesco was on 23%. Morrisons and Lidl are on 5%, and Aldi is on 1%, so we have a discrepancy between the supermarkets trying to do the right thing and others not taking it seriously at all.
Does my hon. Friend share my frustration that, when supermarkets or anyone else involved in the agri-food supply chain do not want to give information that would enable some of the problems to be dealt with, they can hide behind the cloak of commercial confidentiality? Amendments 114 and 113 would enable the Secretary of State and people engaged in the purposes of the Bill to overcome the commercial confidentiality blanket used by some.
Supply chains can be so opaque and so long. I am very much in favour of shorter supply chains so that we know where the produce comes from. Again, as I mentioned in the debate in the Chamber, when the horsemeat scandal broke and we were discussing lasagne that might contain horsemeat, it was astonishing to discover that it had been on an around-Europe trip to at least a dozen different countries—perhaps more—before it ended up as a finished 99p lasagne in the frozen food section of a supermarket. It is amazing how something so cheap can be produced by going on that journey. Some products have dozens and dozens of ingredients, and it becomes almost impossible to trace the origin of those ingredients. I am all in favour of shorter supply chains and less-processed food.
The key point with both amendments, as my hon. Friend the Member for Stroud said, is that it is all well and good for the Government to put transparency provisions in the Bill, but we would like to know a bit more about how they intend to use them to ensure that we root out not only food waste but labour exploitation in supply chains. The information I was given—in a new briefing from the Independent Anti-Slavery Commissioner and the University of Nottingham—is that only 19% of companies in the agriculture sector abide by the terms of the Modern Slavery Act 2016. It is not enough to say that we already have the legislation when fewer than only one in five adheres to it. We need a wider definition of supply chain liabilities, so that participants in that supply chain cannot feign ignorance or rely on real ignorance. The companies are huge, and they need to know what is going on in their supply chain.
I also want to ask the Minister about the EU’s unfair trading practices directive and how we will seek to replicate that in the UK supply chain. We have been told that the UK supports the broad aim of the directive but that we want to do our own thing. I am interested to know how that will relate to the supply chain provisions in the Bill.
(6 years ago)
Public Bill CommitteesI endorse what my hon. Friend says about amendment 118. There are so many calls now for better labelling of food and more information that we run the risk of getting to the point where the information is in such tiny print that it becomes meaningless, particularly for people who, like me, have reached the age where their eyesight is not as good as it used to be. It is important that consumers get as much information as possible.
New clause 15 would strengthen the Bill by requiring the Secretary of State to make labelling regulations that require meat, milk, dairy and egg products, including those that have been produced intensively, to be labelled as to farming methods. Eggs are not included in the legislation because they are already labelled. Surveys show that eight out of 10 consumers in the UK would like to know how farm animals are reared.
The Government have a role to play in ensuring higher animal welfare. We talked about that in the context of public money for public goods and the definition of higher animal welfare that will come out in 2020, and on that basis farmers will be rewarded, but the market also has a role to play. Consumers only shop around for the higher welfare products if they know what higher welfare is and is not. That includes how meat and dairy products are being reared.
Does my hon. Friend agree with me that the clearness of labelling on eggs has resulted in a massive increase in the number of eggs from higher welfare sources, rather than from caged hens, and that that is a good indication of how effective this sort of legislation can be?
(6 years ago)
Public Bill CommitteesI well remember that in 1972—when I was still quite young, I hasten to add—in Suffolk we had strong windstorms in the summer, and a significant amount of soil blew off the wheat fields. It was a notorious case at the time, and the farmers—including major farmers—learned a lot of lessons. Agriculture is a lot better than it was in the 1970s, but we continue to learn and to improve. I would have thought that any sensible agriculturalist would support any amendment that enhances soil health.
I think there is a consensus, at least on the Conservative Front Bench, that soil health is incredibly important and under threat. It should be specifically added to the list of public goods because it is critical to biodiversity, productivity, and mitigating and adapting to climate change—we have not mentioned that yet. The carbon sequestration function of soil is incredibly important. The hon. Member for York Outer (Julian Sturdy) said in the Environment, Food and Rural Affairs Committee:
“I just cannot understand why it is not specifically defined in the Bill. There is so much good that is there, but it is underpinned by delivering on actually improving the soil and the huge environmental benefits that flow from that.”
As Vicki Hird from Sustain rightly said, there is also a risk that farmers are getting paid for doing things on one part of the farm or on the edge of a field, but are not protecting the soil elsewhere. That is part of the regulatory process, and bringing it into the fold would make sense to ensure that it is part of the picture. I think we are on the same page, but I would like those three words to be added to the Bill to make clear how important soil is.
I tabled amendment 41 with two other officers from the APPG, the hon. Members for Brighton, Pavilion (Caroline Lucas) and for Richmond Park (Zac Goldsmith)—again, the amendment has cross-party support. It was drafted with the help of the Soil Association and Sustain, and is also supported by the Landworkers’ Alliance. Last week, the Minister suggested that he was fairly receptive to the amendment, which suggests that instead of a focus on individual public goods, allowing cherry-picking and just pursuing one or two, there should be a focus on a whole-farm approach, which is by far the best way of delivering many public goods at the same time as producing food.
The “Health and Harmony” consultation paper asked respondents to prioritise a list of public goods. I thought that was the wrong approach, because to prioritise public goods fails to recognise that intersect and that pursuing one public good will help to achieve public goods in another sense. For example, without a reduction in the use of pesticides and without maintaining soil health, water and air quality will suffer. Without output diversification, there will be no improvement to local biodiversity or crop resilience.
The worry is that a limited pot of funding could be focused on edge-of-field nature restoration within an unsustainable wider system. The system should be targeting what happens in the middle of a field, not just around the edges. Approaches to farming such as agro-ecology offer bigger picture approaches that would provide the largest amount of public goods. A whole-farm approach may also be easier to monitor, because the metrics of working out what is going on with individual public goods could be incredibly complicated.
In Committee, Helen Browning said:
“That is why I have been an organic farmer all my life: I do not want to be farming intensively in one place and trying to produce public goods in another… We will still need to do special things in special places so that we can preserve species, manage floods and so on, but the agro-ecological approach should be at the core of our farming system.”––[Official Report, Agriculture Public Bill Committee, 25 October 2018; c. 91.]
Agro-ecology is not just about organic farming. That is one method, but there are also things such as agroforestry, pasture-based livestock systems, integrated pest management, low-input mixed farming and biodynamic agriculture. Agroforestry is a prime example of an innovative approach to farming that produces benefits across several categories of public goods.
The “Ten years for agroecology” project in Europe, which was led by top scientific experts, shows that agro-ecology can address the apparent dilemma of producing adequate quantities of food while protecting biodiversity and natural resources and mitigating climate change. Although it is seen as a bit niche, France has become one of the first industrialised nations to make agro-ecology a central plank of its agriculture policy. In 2014, a law was passed to promote agro-ecological approaches actively. It set a target of implementing such approaches on 200,000 French farms by 2025.
If the French can do it, I dare say there is absolutely no reason why the British cannot. The law also added agro-ecology to the curriculum in agricultural colleges across the country. It has a triple performance: it achieves environmental objectives; it achieves economic objectives by improving yield and efficiency, especially for small and medium-sized family farms; and it has a societal impact, including health and nutritional benefits.
In evidence to the Committee, Ed Hamer of the Landworkers’ Alliance gave an example of how an amendment along such lines would work. He said:
“the integration of whole farm agriculture and agri-ecological principles would incentivise farmers to produce food on the field in addition to introducing ecological focus areas or diversity around field edges.”
He concluded that, with such an amendment,
“it is the farming system itself that delivers the public good.”––[Official Report, Agriculture Public Bill Committee, 25 October 2018; c. 116, Q160.]
The Minister was encouraging about that, saying that the Government are considering empowering agro-ecology under clause 1. Such farming methods ought to become far more mainstream. Since the Secretary of State first came up with the “public money for public goods” approach, I have said that I think he is on the right page and is doing the right thing. I just think he could go a bit further to ensure the Bill is about restoring resistant services, safeguarding our long-term food security and protecting the environment.
(6 years ago)
Public Bill CommitteesI went to a higher-welfare pig farm when I was shadow Secretary of State and was appalled to learn that while it could make money selling the pigs to local butchers, any pigs that it could not sell to local butchers or restaurants for local consumption had to be sold to the supermarket, at a loss of £80 per pig. Something is clearly very wrong with a farming system where higher-welfare farmers cannot be funded that way. I also went to a higher-welfare chicken farm that was making 2p profit per chicken, which I thought said an awful lot about the broken market model. Perhaps the pig farmer who the right hon. Gentleman met would like to be paid per intact pig tail—perhaps he could raise that with him.
One of the problems with the pig sector is that it is quite easy to move into or increase numbers, therefore the market fluctuates. If farmers get a good price, people start moving in, and before we know it, too many pigs are on the market and the price dips again—we could spend a lot of time on the economics of farming.
Funding could be available for farmers in the dairy sector who keep their cows on pasture during the grass-growing season. That is a requirement of the pasture promise scheme, which is being developed by a group of farmers. There is a wide range in the welfare quality of laying hens provided for by free-range farms. We know that ordinary free-range systems are supported by the market and are very successful—once eggs started to be marked as free range, the public responded. However, some free-range systems have much lower stocking density, a low flock size, and trees and bushes around, so there are welfare differences among different free-range providers.
At the moment, only 1.2% of UK broilers are produced to RSPCA assured standards. There is an argument for saying that we should provide support only to broiler farmers who are members of the RSPCA assured scheme, so as to encourage others to move away from the lower standard of broiler production. I am not saying that the ones outside the RSPCA assured scheme necessarily have poor animal welfare standards, but clearly there is a higher benchmark to which people could aspire, and we ought to be encouraging them to do that.
Will the Minister say how cross-compliance will work and how we will monitor basic animal welfare standards? How is he going to come up with the higher animal welfare definition, what sort of things will it include, and will he promise to bring it forward a little sooner?
I want to add briefly to what my hon. Friend the Member for Bristol East said about amendment 71. I worked in a British-built chicken broiler plant in Israel. It was some time ago, and no doubt improvements have been made since, but it was sufficient to make me a vegetarian, although I have not yet gone as far as to become a vegan. Ipswich is rather a long way from Bristol, but if I was a bit closer, maybe I would be a vegan by now.
Thursday is World Vegan Day, and I think there will be people outside between Committee sittings giving out free vegan pizza. If my hon. Friend wants to join our hon. Friend the Member for Bristol West and me to get a slice, he would be welcome. In fact, all Members can come.
I would very much welcome a slice of free pizza, whether it had cheese on it or not.
Or whether it was vegan cheese or cheese made from milk.
I want to focus mainly on amendments 74 and 75. On amendment 74, as Members may know, the Environment, Food and Rural Affairs Committee had extensive evidence and debate on the Secretary of State’s proposed Bill covering animal cruelty sentencing and incorporating animal sentience into UK law. The Committee took the very sensible view that it was important to stiffen the sentences for cruelty without further delay. We therefore advised the Secretary of State that it would be sensible to separate the sentence on sentience from the section on sentencing. However, we felt that the whole issue of animal sentience needed to be taken seriously, and that a way should be found to take on board the significance of the issue and incorporate it into UK law once we had left the European Union. I believe that the proposed new subsection in amendment 74 covers just one of the vital areas where an adherence to the concept of animal sentience would have a material effect on agricultural practice in this country and ensure that the default support for animal welfare implied by the concept of sentience is not lost when we have left the EU.
It is not just me who believes that, but the Secretary of State as well; otherwise why did he want to pass a Bill that supported the concept of animal sentience? If he did wish to pass such a Bill—and he clearly did, because otherwise he would not have put it forward—why would he not want it to have a real effect on actual animals and their welfare? Amendment 74 is a way of ensuring that the concept of animal sentience actually has some effect, and I cannot really understand why the Government are not happy to accept it.
I am sure that the hon. Member for North Dorset made some of the comments that he has with the best of intentions, but the overall feeling appears to be, “We intend to do the right thing, so leave it to us.” That is not the way that law works; it is not the way that Bills are meant to work. The whole point of having Bills, Acts, debate, amendments and so on is to make sure that things are written down in such a way that people know what will happen and do not just have to rely on the good will of the Secretary of State.
We need to look at what amendment 75 says. Clause 1(1)(e) refers to
“preventing, reducing or protecting from environmental hazards”,
which should be good things, but only so long as they actually meet up with the protection of the environment, as we provide for in amendment 75. I will give a good example of supposed prevention, reduction or protection from environmental hazards that clearly does not meet up with the proposals in our amendment: the flood defences in Ipswich, where serious amounts of concrete and large sheets of metal were shoved in on either side of the river to prevent flooding. Clearly, I do not want Ipswich to be flooded, and I am very glad that we have flood defences. In fact, Ipswich was seriously flooded before the war, before those defences went in. However, they are not in the slightest bit environmentally friendly, and I am quite sure that flood defences in other parts of the country are seriously damaging to the environment too.
There are far better ways of doing these things now, and there are all sorts of other activities that people might want to undertake that would be damaging to the environment, even though they protected us from environmental hazards. All that we are asking for is that work done to offer protection from environmental hazards is not done in an environmentally damaging way. Again, I cannot really understand why the Government are not willing to support that amendment.