Draft Direct Payments Ceilings Regulations 2020 Direct Payments to Farmers (Amendment) Regulations 2020

Victoria Prentis Excerpts

Monday 29th June 2020 General Committees

[The Chair]

Before we begin, I remind Members about social distancing rules. The spaces available for Members are marked; please do not sit in between those spaces. If Government Members wish to sit on the Opposition side of the Committee Room, that is perfectly okay. Hansard would be grateful if you could send any speaking notes to [e-mail].

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

I beg to move,

That the Committee has considered the draft Direct Payments Ceilings Regulations 2020.

[The Chair]

With this it will be convenient to consider the Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020, No. 576).

[Victoria Prentis]

It is a pleasure to serve under your chairmanship, Mr Robertson. The draft Direct Payments Ceilings Regulations 2020 were laid before this House on 9 June. The two instruments have been grouped together for debate because they both amend retained EU law. The statutory instruments largely maintain the status quo from the 2019 scheme, and thus provide continuity for farmers. They do not change the rules that farmers have to meet. Both instruments are UK-wide and have been made with the consent of the devolved Administrations.

Before I explain a little more about each SI, I would like to explain why the Direct Payments to Farmers (Amendment) Regulations 2020 are subject to the made affirmative procedure. The procedure is specified in the Direct Payments to Farmers (Legislative Continuity) Act 2020. That procedure was required because the EU law under that Act became domestic law on exit day, and amendments to make that law operable were also needed by exit day. That avoided a legislative gap in the direct payment schemes for this claim year. The instrument makes some further operability amendments using the same powers, and they, too, need to be made without delay. That will avoid any ambiguity that would result from the statute existing longer than is necessary.

The draft Direct Payments Ceilings Regulations 2020 amend the UK national ceiling and net ceiling for this claim year, 2020. Those financial ceilings are used to calculate payments to farmers under the direct payment schemes. The amendments to ceilings take into account previous policy decisions made by the Government and devolved Administrations, such as the transfer of funds from direct payments to rural development. Each part of the UK has decided to make the same level of transfer in previous years. The amendment to the national ceiling and the net ceiling also reflect the findings of the Bew review and the subsequent funding decisions made by the Scottish Government and the Welsh Government.

The Welsh Government have decided to use the additional funds allocated to them for 2020-21 for their 2020 direct payment schemes. They have been added to the national ceiling and the net ceiling to account for that. The Scottish Government have decided not to use any of the money allocated to them following the Bew review for their 2020 direct payment schemes. We understand that they are still considering how they wish to use the money allocated to them for 2020-21, but it will be ring-fenced to be spent on farms in Scotland.

The net ceiling has also been amended to take account of the decisions made by the Government and devolved Administrations on the level of reductions to be applied to large payments. They are existing reductions that are separate from the phasing out of direct payments in England, which will not begin until 2021 under the Agriculture Bill. Each part of the UK has decided to maintain the same approach to the existing reductions as in previous years.

A key purpose of the Direct Payments to Farmers (Amendment) Regulations 2020 is to confirm what the euro-to-sterling exchange rate for payments will be for the 2020 direct payment schemes. The Government and the devolved Administrations have decided that it should be the same as for 2019. We are confirming that exchange rate three months earlier than happened under the common agricultural policy. That is to provide extra certainty for our farmers.

This instrument also addresses other, minor operability issues arising from the UK’s exit from the EU that were not fully dealt with at the time. For example, it removes redundant cross-references to provisions that are not part of retained EU law. It clarifies that, in some instances, the EU legislation being referred to is the version that had effect immediately before exit day. It removes some remaining references to the European Commission and makes other minor drafting amendments.

These amendments will enable the law governing the 2020 direct payment schemes to operate effectively in the UK, with no ambiguity. I commend the two sets of regulations to the Committee.

--- Later in debate ---

[Victoria Prentis]

Of course our time here is not wasted, Mr Robertson. The instruments before us do omit some redundant provisions that we have previously discussed and cross-referenced. Part of the purpose of the transition period is that events move on. We hope for a full free trade agreement. In fact, we hope for a number of them. We now need to omit some of the regulation-making powers relating to EU financing rules, which are not necessary for domestically funded schemes, and some of the rules on the European Commission’s budgetary management, but I look forward to looking more closely with the hon. Gentleman at the specifics of the measures that he referred to.

We are providing farmers with a good deal of certainty; that is the aim, partly, of the changes we are making today. The Government announced on 30 December nearly £3 billion of funding direct payments for 2020, which matches the funding that was available last year. The instruments that we are debating are consistent with that announcement. More broadly on funding, the Government’s manifesto guaranteed the current annual budget in every year of this Parliament; that, too, is designed to give certainty and comfort to farmers. This will enable the Government to provide financial support to farmers in England for the purposes set out in the Agriculture Bill.

We have been clear, consistent and as transparent as possible about the maximum reductions in the direct payments in 2021. We first announced those in September 2018 so that farmers would have time to prepare. We will throughout this transition period continue to consult genuinely as we conduct our tests and trials of ELMS and as the policy continues, quite properly, to evolve. We will provide much more information about our plans for the agricultural transition both in July and September this year—something we announced fairly recently—so there will be considerable flesh on the bones of the hon. Gentleman’s favourite ELMS policy document. Our new schemes will be a more effective way of rewarding farmers for the work they do, and will help them to prepare for the future.

We remain committed to introducing new schemes that reward farmers for producing goods that are valued by the public. That is why the ELMS discussion is going ahead at pace—and, yes, we want to conclude the first part of it next month. I know that the hon. Member for Cambridge will be keen to engage with that discussion. We recognise that farmers and land managers need certainty, which is why we have committed to a seven-year transition. During that time, we will free up money so that we can continue to offer an improved country stewardship scheme.

We are already working closely with the devolved Administrations to find approaches to the framework to co-ordinate agricultural support after 2022. We will at this point be using the money in slightly different ways—but all to the benefit of farmers. Rural development projects, through which we will channel the money in England, can of course include funding for hedgerows, which are critical to the way in which we feel ELMS will probably develop in the next few years. It would be wrong to say that that money is being sent elsewhere. It will be used for the benefit of English farming.

Farmers need stability, certainty and a smooth transition, so we will not switch off direct payments overnight. During the transition period, we will offer financial assistance to enable growers to invest in their equipment, technology and infrastructure; to improve their productivity; to manage the environment sustainably; and to deliver other public goods.

The statutory instruments make the necessary amendments to enable the Government and devolved Administrations to pay 2020 direct payments to farmers in line with the approach taken in previous years.

Question put and agreed to.

Direct Payments to Farmers (Amendment) Regulations 2020

Resolved,

That the Committee has considered the Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020, No. 576).—(Victoria Prentis.)

Oral Answers to Questions

Victoria Prentis Excerpts

Thursday 25th June 2020 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

8. What steps he is taking to protect small-scale farming in the north of England in trade negotiations.

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

We are clear that any future trade agreements must work for both our farmers and consumers. This week, DEFRA and the Department for International Trade have jointly announced a package of measures to help food and drink businesses grow their trade overseas. The package is aimed in particular at small businesses, which make up 97% of the food and drink industry. This will benefit businesses across the UK, including those in the north of England. We will always stand up for British farming and we will use our negotiations to make new opportunities for our businesses large and small.

[Chi Onwurah]

As lockdown eases, many of my constituents are once again enjoying the glorious Northumbrian and County Durham landscapes. That depends on farmers small in scale but with really high production standards, whether it be for the cattle they graze on the town moor, or the sheep on the Cheviots, or the grain sold through local co-operatives such as Tynegrain. Why will the Minister not commit to writing into law that we do not import food with lower standards than those that our farmers already meet, so that they are not undercut by the American agro-industrial complex?

[Victoria Prentis]

The Secretary of State has already answered that in some detail. As my right hon. Friend set out. a range of measures are available to protect the hon. Lady’s farmers, including existing regulations. We have great transparency in this House and with the general public in our trade negotiations. There is a great deal of scrutiny of exactly how those negotiations are taking place, and they will be put before the House again before they are signed. We also have a further range of measures—we will be consulting in detail on labelling before the end of the year—which are all designed to protect her farmers.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

What steps he is taking to promote high animal welfare standards.

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

This Government are committed to the highest standards of animal welfare. Our manifesto made it clear that we will bring in new laws on animal sentience, end excessively long journeys for farm animals and ban the keeping of primates as pets. We have introduced one of the world’s toughest ivory bans and will be supporting the Animal Welfare (Sentencing) Bill.

[Felicity Buchan]

I was disappointed that, because of coronavirus, the Second Reading of the Animal Welfare (Sentencing) Bill was delayed. Will my hon. Friend assure me that it will be heard in the House at the earliest opportunity?

[Victoria Prentis]

We all shared my hon. Friend’s disappointment, and I am pleased to be able to reassure her that the Bill is due to have its Second Reading on 23 October.

[Stephen Metcalfe [V]]

Our constituents expect us to uphold animal welfare and high food standards. Does my hon. Friend therefore agree that maintaining the UK’s high food standards and excellent animal welfare record is, among other things, in the Government’s interest, as that is what customers at home and abroad expect and demand from UK producers?

[Victoria Prentis]

I absolutely agree with hon. Friend on that. The Government are proud of the high animal health and welfare, and environmental standards that underpin our high-quality produce. The UK’s growing reputation for quality food and drink, with high standards of food safety, animal welfare and sustainability, serves as a great platform from which to expand our exports.

[Daniel Zeichner (Cambridge) (Lab)]

The Minister has been hearing a strong message from the House this morning about animal cruelty, because, sadly, the lockdown has seen an increase in it, with the Royal Society for the Prevention of Cruelty to Animals reporting 47,000 incidents —the Daily Mail calculates that that is one case every two minutes. As we have heard, the Animal Welfare (Sentencing) Bill has been constantly delayed. The Bill has cross-party support. The Government are supposed to be supporting it and they are supposed to be running this place, so will the Minister guarantee that Finn’s law will be on the statute book by the end of the year and available to the courts?

[Victoria Prentis]

As I said a moment ago, 23 October is the date available for Second Reading. I have supported the Bill from the beginning and I am pleased it will be moving forward just as quickly as we can do it.

--- Later in debate ---

[Jerome Mayhew (Broadland) (Con)]

What steps he is taking to increase the productivity of UK farms.

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

The Agriculture Bill will allow us to introduce ambitious new schemes in England based on the principle of public money for public goods, so that we can reward farmers who protect our environment, improve animal welfare and produce high-quality food in a sustainable way. The Bill will also help farmers to stay competitive.

[Jerome Mayhew]

Despite spending £3.4 billion each year under the common agricultural policy and subsidies for our farmers, the productivity growth rate has not significantly increased since the 1990s. This is in stark contrast with unsupported sectors such as egg production, where in 2019 alone productivity increased by 3.8%. Does my hon. Friend agree that the removal of the damping blanket of the CAP, as well as increased competition, will drive productivity growth throughout farming, allowing Government support for farming to focus on public money for public goods?

[Victoria Prentis]

I absolutely agree that moving away from the CAP provides the opportunity for a more prosperous, competitive and self-reliant industry. We will support UK farms to focus on their business modelling and to improve efficiency, which may well, in turn, reduce their environmental footprint.

[Peter Aldous (Waveney) (Con)]

What steps he is taking to support the UK fishing industry during the covid-19 outbreak.

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

We understand that this is a challenging time for the fishing industry and we have taken steps to support the sector. In April, we launched a £10 million financial assistance package for England’s fishing and aquaculture businesses, which included a £1 million grant scheme to support the sale of fish locally. The sector is also able to benefit from the wider financial support measures available for businesses. In addition, the Sea For Yourself campaign has encouraged people to eat more fish.

[Peter Aldous]

I am grateful to my hon. Friend for that answer. The process of determining which businesses received funding through the domestic seafood supply scheme has been criticised as being unfair. While one project in the Lowestoft area was successful, two good applications were not. What assistance will be available to these and other businesses so as to enable the East Anglian fishing industry to meet the infrastructure and other costs in preparation for the end of the transition period?

[Victoria Prentis]

I cannot discuss the individual cases, but I can say that applications were reviewed by a panel of experts, including several representatives from the catching and processing sectors. The judging panel awarded funding to projects that best met the criteria, especially those that could deliver benefits to a range of fishing businesses.

[John Spellar (Warley) (Lab)]

What estimate his Department has made of the increase in plastic waste as a result of the covid-19 outbreak.

--- Later in debate ---

[Richard Burgon (Leeds East) (Lab)]

What steps he is taking to maintain food supplies for vulnerable people during the covid-19 outbreak.

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

We have mobilised an unprecedented package of support for our most vulnerable people, including over 3 million food boxes and priority supermarket delivery slots. An additional £63 million has been confirmed by the Government to be distributed to English local authorities to help those who are struggling to afford food and other essentials. The Government are also providing £16 million to food support through charities, including FareShare and WRAP.

[Richard Burgon [V]]

The current pressure on food banks is absolutely immense, and we know that income is at the heart of food poverty, so will the Government take the urgent social security measures needed now to get people the financial support they need, so they can get food on their plates and on their children’s plates, by ending the five-week wait for universal credit and abolishing that punitive two-child limit?

[Victoria Prentis]

The Government have introduced a package of support of over £6.5 billion to help families on benefits to cope with the financial impact of covid.

I would like to use this opportunity, if I may, to pay tribute to the taskforce, which I have led for the last few months, on feeding the vulnerable. We have worked very closely with colleagues across Government—in the Department for Work and Pensions, the Department for Education and other Departments—as well as, of course, with an excellent team from the supermarkets and volunteers. I am pleased to say that, in so far as we have been able, we have ensured that everybody who needs it has access to food.

[Several hon. Members rose—]

Protection of UK Food Standards

Victoria Prentis Excerpts

Wednesday 24th June 2020 Commons Chamber

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

I would like to start by thanking my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for securing this important debate. This is a subject that Members across the House are rightly passionate about, and not just Scottish colleagues—all four nations are well represented this evening. It has been good to hear from Northern Ireland, Coventry, the highlands and many other places in the course of the debate.

I am proud that I, with all my colleagues on the Government Benches, stood on a manifesto commitment that, in all our trade negotiations, we will not compromise on our high environmental protection, animal welfare and food standards. It is always good to hear about farms in my hon. Friend’s constituency. As a farmer’s son, he is well placed to champion Scottish farming and Scottish produce—I am not saying that only farmer’s children make good MPs, but it certainly helps. I know he feels that this is in contrast to those who have chosen to put nationalism before farming. I have fond memories of visiting his constituency and attending the ridings nearby, and I am pleased to hear that Kelso produce is being enjoyed around the world, even on the Orient Express.

I know that many Members were keen to get involved in this debate, and I look forward to speaking to them further about this important subject in the weeks and months ahead. Across the House, we are all united by a desire for British producers to sell their great produce around the world. The debate on how to promote high standards here while ensuring that we do not import goods produced to standards we find unacceptable is not new. It predates our departure from the EU and will doubtless continue well after the end of the transition period.

To tackle this issue, we require a comprehensive package of measures, one of which is, of course, regulation. I would like to reaffirm once again the Government’s commitment to upholding our high environmental, food safety and animal welfare standards as we leave the EU. The European Union (Withdrawal Agreement) Act 2020 will transfer all existing EU food safety provisions, including existing import requirements, on to the UK statute book after the transition period. Those requirements include a ban on using artificial growth hormones in domestic and imported products, and they make it clear that no products, other than potable water, are approved to decontaminate poultry carcases.

Transparency is also key to this debate. We are going into all our trade negotiations, including with the US, clear that our standards will be upheld in future deals. With regard to the US and other live talks, our negotiating objectives, economic assessment and updates from the initial round have been provided to the House. We will continue to provide further detail as we progress. It is a great pleasure to have my hon. Friend the Member for Banff and Buchan (David Duguid) here for this debate. The Department for International Trade and the Department for Environment, Food and Rural Affairs are working closely together at the moment to promote British produce around the world.

All trade deals are also subject to the scrutiny procedures laid out in the Constitutional Reform and Governance Act 2010, which means that once free trade agreements have been signed, they need to be laid in Parliament for 21 sitting days, alongside an explanatory memorandum, before they can be ratified and enter into force. There will be ample opportunities for scrutiny.

[Patricia Gibson]

We know that one of the concerns raised by farmers is the flooding of the UK market with cheap imports from America. It looks pretty clear, apparently, that the US negotiators will oppose labelling of their products in the UK as US products, so that consumers will not know which food comes from the US. Is the Minister concerned about that?

[Victoria Prentis]

I thank the hon. Lady, whom I definitely consider to be a friend, for her intervention. Labelling was raised by a few Members. We have committed to a serious and rapid examination of what can be done through labelling in the UK market to promote high standards and high-welfare goods, and we will consult on this at the end of the transition period. I would like to reassure her that we have already started work on that consultation. Labelling is undoubtedly one of the tools in the armoury that we will need if we are to produce the situation that we all want—namely, to trade around the world while promoting high standards.

[Deidre Brock]

Will the Minister give way?

[Victoria Prentis]

I fear that I need to make some progress. [Interruption.] Oh, well, if it is very quick.

[Deidre Brock]

The Minister is very kind. I wonder whether she is prepared to comment on my remarks about the US ambassador having said recently that, basically, the UK would have to accept US standards in the UK if it wanted a trade deal.

[Victoria Prentis]

That was answered extremely well earlier by my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk, so I will carry on, if that is all right.

The Government have in place a range of stakeholder and expert groups that feed into our policy specifically on trade. Those include the strategic trade advisory group, the agri-food expert trade advisory group—that trips off the tongue—and the sustainability expert trade advisory group. We are always looking at how to enhance representation on those groups—although I do not know that the US ambassador would be a candidate to be on one of them—and we are keen to put in place measures to ensure that we keep the groups as closely informed of the negotiations as possible.

DEFRA also runs various supply chain advisory groups, such as the arable group, the livestock group and the food and drink panel. We are strongly supported by expert advice on food standards. Colleagues will know that the UK’s food standards, for both domestic production and imports, are overseen by the Food Standards Agency and, indeed, Food Standards Scotland. Those are independent agencies that provide advice to both the UK and Scottish Governments. They will of course continue to do so, to ensure that all food imports comply with our high safety standards. The Government are and always will be keen to continue to work closely with stakeholders across the food chain to understand their concerns about the impact of new trade deals, as well as the opportunities that they will give us.

My hon. Friend the Member for Berwickshire, Roxburgh and Selkirk spoke passionately about the opportunities that the UK’s being an independent trading nation presents for British farming and, indeed, for the public at large—sentiments that I really share, as I hope does everybody across the House. I am confident that, from what I have laid out, the House should be reassured that we will both protect food standards through the range of measures that I briefly outlined, and really seize the benefits of our new trade policy for all people and parts of the UK.

Question put and agreed to.

Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

Victoria Prentis Excerpts

Wednesday 3rd June 2020 General Committees

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

I beg to move,

That the Committee has considered the Direct Payments to Famers (Crop Diversification Derogation) (England) Regulations 2020 (S.I. 2020, No. 475).

It is a pleasure to serve under your chairmanship, Mr Hosie, in this novel proceeding. It is good to be here. If hon. Members cannot hear, they can wave a hand; we will manage.

This statutory instrument will remove the crop diversification requirements from the direct payment scheme in England in 2020, which means that farmers in England will not be required to grow more than one crop in order to receive their full greening payment. Although it is hard to remember, England experienced prolonged wet weather last autumn and winter, which had a serious impact on farmers’ ability to comply with the greening rules. This SI presents a sensible and proportionate response to that situation, and it is fully supported by farmers and landowners.

The SI is made under article 69(1) of regulation 1307/2013, which was incorporated into domestic law for 2020 by the Direct Payments to Farmers (Legislative Continuity) Act 2020, and relates to this year only. We are continuing to act in accordance with the EU legislation that has been rolled over, in line with our decision to operate an equivalent direct payment scheme for this year in order to maintain the state aid exemptions that were laid out in the withdrawal agreement.

I want to say a bit more about the wet weather that came upon us over the autumn and winter; that will hopefully make it clear to hon. Members why this SI is so necessary. We really did have extreme wet weather last winter, and it had a very significant adverse impact on farm communities. Large areas of farmland were under floodwater or were severely waterlogged. It left farmers thinking over the winter that they might have the option of planting spring crops, but those plans were pushed back by yet more rain following two severe storms in February, which left land flooded and waterlogged again.

From September 2019 right through to February 2020, England experienced significantly higher rainfall than the long-term average. In February, when farmers were preparing to enter the period when they would normally plant spring crops, rainfall was at 267% of the average. Where farmers could not even get to flooded land, or land was simply too waterlogged to plant on, there were obviously significant difficulties with cultivation. That meant that it was very difficult for some farmers to meet crop diversification requirements.

Without this SI, there would have been penalties for not meeting the greening element of direct payments, which is worth approximately 30% of a claim. Farmers welcome our approach, and industry stakeholders such as the National Farmers Union have told us that it

“will make a huge difference to thousands of farmers in England”.

The Country Land and Business Association has also been very supportive of our decision. We hope the derogation will provide much-needed relief for the thousands of farmers who have not been able to plant the crops that they wished to plant this year.

The SI is about supporting farmers who faced a very difficult cropping season. I stress that the derogation is not a covid-19 response measure, but in the context of what is going on, it is all the more needed. I commend the regulations to the Committee.

--- Later in debate ---

[Victoria Prentis]

I always enjoy debating with the hon. Gentleman. He will be glad to know that the document to which he referred is known throughout the Department as “Daniel Zeichner’s favourite document”, if I may use the hon. Gentleman’s name. We spent many happy hours on the Agriculture Bill Committee discussing it. I hope I will deal with all his points; if I do not, I am happy to follow up in conversation afterwards.

On the serious matter of when the decision to make the policy change that led to this SI should have been taken, the answer is simply that as the wet weather continued and Storms Ciara and Dennis kept raining down on us, the Department concluded that the mitigations that had initially been recommended were not plausible, and were not a sensible course of action for farmers to take. For example, as I said earlier, spring cropping became in no way a sensible solution.

We continued to monitor the weather between September and February, and to evaluate all the available options. The Rural Payments Agency published guidance in January on how farmers could meet the rules, or use existing exemptions that were built into the greening scheme where applicable. However, shortly after the really big, named storms, a general derogation became sensible. We continued to consult with stakeholders, but the legislation had to be introduced by early this month to ensure that farmers remained compliant with the rules, so the reason was to do with the weather and legal complexity.

I turn to the environmental impact of this change. I am confident that removing the three-crop requirement for this year will not have a negative impact on the environment. It is generally recognised and well documented that the three-crop rule and crop diversification rules do not deliver the environmental or climate-related outcomes for which they were designed. I refer the hon. Gentleman to what I hope might become a favourite document: the European Court of Auditors’ 2017 special report on greening. That document bears inspection, because it makes it clear that greening has been something of a blunt instrument, to use his terminology. While he is right that monoculture is not the way forward, we do not want to end up with a system that uses binary rules in such a way.

On the hon. Gentleman’s questions about the future farming programme, I reassure him that rotation will be in there, as he would expect. This derogation, however, is necessary because of a prolonged period of wet weather and flooding across England. As the wet weather got worse over spring, it became clear that the problem covered all regions. I accept that that is unusual, but we have good, detailed evidence that it was a real problem for the whole of England. That was something else we had to monitor continually. That is why the derogation is appropriate.

As the hon. Gentleman knows, this year we are operating under retained EU legislation and maintaining an equivalent scheme to the basic payment scheme. For future years, the Agriculture Bill provides us with powers to modify legislation and remove the unnecessary bureaucracy associated with that scheme. He will also know that we want to remove that bureaucracy at the earliest opportunity. Simplification for next year could, for example, see the removal of some or all of the greening requirements, including the crop diversification rules.

The regulations, which amend retained EU law to remove crop diversification requirements for this year, are welcomed by the farming industry as a much-needed measure to support England’s farmers in the aftermath of the very bad weather over the winter. I commend the regulations to the Committee.

Question put and agreed to.

Agriculture Bill

Victoria Prentis Excerpts

Report stage & Report stage: House of Commons
Wednesday 13th May 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I now call Minister Victoria Prentis, who is asked to speak for no more than 15 minutes.

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

Thank you, Madam Deputy Speaker. I should start by declaring my interest: my family has farmed on the Oxfordshire- Northamptonshire border for many years, and I am also a keen smallholder. This is a very important moment for agriculture in this country. This Bill is the first of its kind for more than 70 years and it will allow us to shape farming for the future. This Bill is about farmers, and sets out a framework policy for rewarding them as they produce food and provide public goods.

I thank all Members who have tabled amendments. I apologise if the hybrid nature of the debate prevents me from engaging fully with every point—it is not ideal. I am, however, reassured that the Bill has been thoroughly scrutinised by not one but two Public Bill Committees. I am keen to continue to engage with Members across the House as we develop the details of the policies. I must also record my thanks to those who have worked so hard to ensure that we have all been fed in these frightening times: farmers, manufacturers and retailers. They are food heroes, and they have worked together and struggled on despite workforce shortages and social distancing measures. I hope that a lasting legacy of this pandemic is that we all think a little more about where our food comes from.

The feeding the vulnerable taskforce, which I chair, has worked hard to ensure that those parts of society on whom this crisis falls the hardest can access food. On Friday, we announced £16 million of funding for food charities. Measures in this Bill would have been very useful two months ago. I commend in particular the powers in clauses 18 and 19, which would have made it easier and quicker to support farmers during these difficult times. Under Clause 17, for the first time, the Government will have a duty to take a regular, systematic view of our overall food security at least every five years, giving time to observe trends. That is not to say that we have to wait five years between reviews at all. The majority of data covered will, of course, be available between reports, and we certainly have no intention of waiting until the end of the five-year period to publish our first report. That report will, of course, take into account what we have learnt from the current pandemic.

This is a domestic Bill. It is not about trade. However, I have heard colleagues across the House—I am sure I will hear them again this afternoon—voice concerns about the effect of future trade agreements on UK agriculture. Some are concerned about a reduction in standards, particularly those for animal welfare. Others are concerned that there will not be a level playing field between our products and those coming from abroad.

Like the rest of my colleagues on this side of the House, I was elected on a very clear manifesto commitment—one that my right hon. Friend the Prime Minister has reiterated since—that in all our trade negotiations we will not compromise on our high environmental protection, animal welfare and food standards. This Government will stand firm in trade negotiations to ensure that any deals live up to the values of our farmers and consumers. We are keen to ensure that parliamentarians, consumers and businesses have access to the information they need on our trade negotiations. Trade talks with the US opened formally last Tuesday. Ahead of that, the Government set out the negotiating objectives and associated documents, and a similar process will be replicated in the coming months as we do the same for deals with Japan, Australia and New Zealand.

I am grateful for the continued contributions of the National Farmers Union and others who sit on our expert trade advisory group, which helped shape this trade policy and feeds straight into the negotiating team. I assure the House that we are actively exploring how to build on that industry participation.

I reassure colleagues that all food coming into this country will be required to meet existing import requirements. At the end of the transition period, the European Union (Withdrawal) Act 2018 will convert all EU standards into domestic law. That will include a ban on using artificial growth hormones in beef. Nothing apart from potable water may be used to clean chicken carcases, and any changes to those standards would have to come before this Parliament. We will be doing our own inspections to ensure that those import conditions are met.

While we all want to support British farmers, if passed, the well-meaning amendments would have unintended consequences. The supply of food would be significantly disrupted if goods that meet our current import standards were blocked. New clauses 1 and 2 would affect UK exports to countries with whom, as part of the EU, we currently have trade agreements. I am concerned that the extra conditions in the two new clauses could result in countries refusing to enter into continuity agreements. For example, accepting new clause 2 would risk whisky exports worth £578 million. Another example is the impact on potato exporters. Some 22% of potato exports went to countries with whom a continuity agreement has not yet been signed.

If the amendments were passed, an assessment of our current UK production standards, followed by an assessment of all relevant standards in a third country, followed by an assessment of how those compared with UK legislation and UK production standards would be required to make sure that any FTA complied with them. That would all have to be done by the end of December.

I understand that Members want to ensure safeguards for our farmers. However, I have serious concerns about the unintended consequences of the amendments for our producers and exporters. Our manifesto commitment is clear that the Government will support farmers and protect our standards. All the rules, regulations and robust processes are already in place for that.

On labelling, I am looking forward to hearing from my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) on her labelling amendment. I understand that she will be championing consumer choice in the domestic market, which is very important. Other colleagues, including my right hon. Friend the Member for Tatton (Esther McVey), and my hon. Friends the Members for Totnes (Anthony Mangnall) and for West Dorset (Chris Loder), have asked us to explore whether labelling approaches could be used to differentiate products that meet domestic production standards from those that do not. This would include exploring mandatory labelling. Any scheme could not be devised until we have completed the transition period and would of course need to recognise World Trade Organisation obligations, but I assure Members from across the House that this is something we will consider closely and on which we are prepared to consult.

We all hope that UK food producers will benefit from increased export opportunities as we open up foreign markets. For example, in the last year, we have seen the lifting of a 20-year ban on the export of UK beef and lamb to Japan. Our “Food is GREAT” campaign targets consumer audiences abroad and is boosting global demand for our food and drink.

I turn now to amendments relating to financial assistance. I defy anyone to maintain that the common agricultural policy was good for either environmental protection or the productivity of British farming. It has held us back. It has paid those with more land more subsidy, regardless of what they did with it. It has favoured some parts of the industry over others. We are really keen that that changes now. We have an exciting opportunity to reset and plan for the future.

Passing the Bill will give farmers and land managers a clear direction. In England, it will enable us to deliver direct payments, simplified countryside stewardship schemes and productivity grants next year. I assure the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) that that is why this Bill is top of the queue. The gradual seven-year transition will allow farmers and land managers time to prepare for the new environmental land management scheme, which is currently being tested. Upland farmers, for example, will be well placed to benefit from it. We will also create a UK shared prosperity fund to address the needs of rural businesses and communities. Delaying the start of the agricultural transition to 2022 would just delay the many benefits of moving away from direct payments. To provide reassurance again, for 80% of farmers, our maximum reductions for 2021 will be modest at under 5%.

Improving the health of our environment as set out in the “25 Year Environment Plan” is a priority. The measures in the Bill will help us to combat climate change, but the Bill is not the place for targets. Environmental land management will be critical in helping us to deliver against our legally binding target to achieve net zero emissions by 2050. We recognise that for these policies to be effective, they need to be properly funded. In our manifesto, we committed to maintain current agricultural spending for each year of this Parliament. Of course, this is a framework Bill, and this is only the beginning. I look forward to working with colleagues across the House and with groups such as the NFU to develop the policy that will flow from this legislation.

I turn now to amendments tabled on agroecological farming practices, and on reducing the use of pesticides. We are already testing how ELM can support farmers to take a whole-farm holistic approach. We have 50 tests and trials in progress, with many more planned before the national pilot starts in 2021. We are considering innovative solutions such as integrated pest management, which aims to reduce pesticide use on farms. We absolutely agree that pesticides should not be used where that use may harm human health, and we have a robust regulatory system in place to ensure that.

I turn now to the many benefits that the Bill will bring farmers in the devolved Administrations. Clause 33 tackles an unfairness in the red meat levy system and will allow the levy collected from animals that have crossed a border for slaughter to be returned to where the animals were reared. The levy boards are working very hard to devise a scheme, and our aim is to have one in place by April 2021. New Clause 9 is for the Department of Agriculture, Environment and Rural Affairs Minister to consider. I understand that he has no plans, at this stage, to introduce a sunset clause. The UK Government will continue to work closely with the devolved Administrations. I reiterate our commitment to consulting with the devolved Administrations on our proposals for regulations to be made under the WTO clauses.

I turn to the amendments on fairness and transparency in the supply chain. No decisions have yet been taken on the subject of the appropriate enforcement body. We are exploring options with the industry first before designing the enforcement regimes and appointing a regulator, but I will keep the House up to date on that.



I turn to the amendments on tenancies. Tenants should be able to benefit from our new payment policies, and we will continue to work closely with the industry—we had a large consultation last year—as we develop these policies further.

Finally, three minor technical Government amendments have been tabled in the name of my right hon. Friend the Secretary of State at the request of the Welsh Government. These are needed in order to bridge the gap until new powers are provided by Welsh legislation in the Senedd.

The Bill provides a framework for an exciting future for farming. It will ensure that those who produce our food are properly rewarded, and that farming efficiently and improving the environment will go hand in hand in the future. I very much look forward to working with colleagues across the House to develop the environmental land management policies, and to working out how they will work not only on the ground, but above and beneath it.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now call Minister Victoria Prentis to wind up for the Government. I ask that her speech lasts no more than 10 minutes.

[Victoria Prentis]

Thank you, Madam Deputy Speaker, and I cannot tell you how much I have enjoyed the debate this afternoon. I do not think that that is just because it is my first time out of the house for some weeks. We have heard from passionate colleagues on both sides of the House—colleagues who are passionate about farming, food and food security. We have heard from distinguished former Secretaries of State. We have heard from farmers. We have heard from those from farming families. We have heard from many Members who represent farming constituencies. We have heard from a vet, and we have heard from a number of colleagues, some mentioned by the hon. Member for Cambridge (Daniel Zeichner), who love both food and food security. We also heard, indirectly, from the cows of Wantage.

I would like to take this opportunity to reassure Members that the Government understand the importance of agriculture to the nation. I know that British farmers are the best in the world. The Bill will ensure that they receive the support that they need to give us the food that we need and enjoy; to protect and enhance our beautiful rural landscape; and to ensure the health of the wider rural economy.

We have had a robust debate, which was well-intentioned on both sides. I need to reiterate at this point that there can be no question of sacrificing the UK livestock or other farming industries for the US trade deal. To the contrary, it is our view that a US trade deal is perfectly compatible with a thriving UK farming industry and very high standards. We have heard mention of the dreaded chlorine-washed chicken several times, and I would like to reassure the House that under existing regulations, which we will put into English law at the end of this year, chlorine-washed chicken is not allowed, and only a vote of this House can change that.

I think I also need to restate that the Government are willing to commit to a serious and rapid examination of what can be done through labelling, to reassure colleagues. It may well be that that would help colleagues to understand that we do intend to promote high standards and high welfare across the UK market. I agree that we must consider the case for consumer choice more fully when we look at this in some detail. I agreed earlier in the debate, and reiterate now, that we will consult on this at the end of the transition period. It is important that we look at how it would affect both the industry and consumers, and indeed retailers. I am keen to take that forward.

I thank my predecessor—now the Secretary of State, my right hon. Friend the Member for Camborne and Redruth (George Eustice)—for making the Agriculture Bill such a great piece of legislation. We will hear from him later, on Third Reading. I would like to gently tease the hon. Member for Cambridge about this. Isn’t it great that we have a Secretary of State who stands up for high standards of British farming; and isn’t it great that this framework Bill, and what has been said by our trade negotiating teams, and indeed by the Prime Minister and in the Conservative manifesto, again and again has reassured that champion for high standards in farming, who is behind this Bill, as I am sure he will tell us very shortly?

I am very grateful to the members of the Public Bill Committee for their diligent scrutiny. It is fair to say that this Bill has evolved, and indeed improved, during its passage through the House. I am so sorry that many of them have not been able to speak in this debate, but I think that given the hybrid nature of the proceedings we have had a pretty good go at discussing the issues that, as the hon. Member for Cambridge said, concerned the Committee.

I would like personally to thank especially our Parliamentary Private Secretaries to the Department. They have been towers of strength at a difficult time, when it is difficult to communicate with colleagues in a way that we would like to and are used to. I express my thanks and gratitude to all the civil servants who have worked on the Bill, especially Nathalie Sharman, the Bill manager, who is in the Box this afternoon.

I thank, more widely, those across the four nations who have worked hard on the Bill to get it to this stage. During the work that we have done in the taskforce for feeding the vulnerable over the past four months, we have worked very closely with my colleagues across the four nations, and I hope that we can continue with that spirit of co-operation as we take these policies forward.

I would also like to thank the Clerks and the House authorities for helping us to make history as the first Bill to be voted on using electronic voting. I hope I have not spoken too soon, Madam Deputy Speaker, and that it works!

This is, as we have said many times, a framework Bill. We have a long, long way to go, and many tests and trials, before the agricultural transition period comes to an end in 2028. I would like to reassure farmers that the Government will support them and ensure that consumers will continue to have access to great-quality British food to eat. We very much hope that that will mean consumers from all over the world.

Farming is more than a job. We must cherish the deep personal connection felt by those who farm the land to the soil and landscape they care for, and build upon it in the reforms that we make. This Bill gives us that framework for the future for farming and for our countryside outside the EU. It will allow us to reward public goods such as environmental improvements, it will support investment in technology and research to improve productivity, and it will help our farmers to produce the high-quality food that they are renowned for and that we all so enjoy eating. I commend this Bill to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now call Simon Hoare to wind up, and ask that his speech lasts no longer than two minutes.

Maximum Sustainability Yield: UK-relevant Quota Stock Species

Victoria Prentis Excerpts

Wednesday 29th April 2020 Written Statements

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

I would like to update the House today on a change to the number of total allowable catch limits (TACs) for quota stock that the UK has an interest in that will be fished at or below their maximum sustainable yield in 2020.

Analysing the UK’s progress towards delivering sustainable fisheries management including fishing at MSY is complex. This is because few total allowable catch (TAC) spatial management areas directly overlap with their corresponding International Council for the Exploration of the Sea (ICES) biological stock advice areas, with examples of both pooled TACs comprising elements of multiple biological stocks, and other biological stocks being split across TAC areas.

Noting these complexities, and in partnership with our scientific advisers at the Centre for Environment, Fisheries and Aquaculture Science (CEFAS), we have now reviewed the outputs from the fisheries negotiations for 2020. In doing so we have identified some corrections need to be made to the number of TACs at MSY that the UK has a fishing interest in for 2020. With these adjustments—a change related to one stock—accounted for, the UK had 36 (67%) TACS set at MSY out of a total of 54 TACs derived from stocks with MSY assessments in 2020. These figures are different from the figures previously communicated for 2020 i.e. 37 (69%) TACs set at MSY out of a total of 54. The figures for 2019 are unchanged: 30 (59%) TACs set at MSY out of a total of 51 TACs derived from stocks with MSY assessments in 2019.

As we have left the EU and the common fisheries policy, the UK Government will undertake a further forward-looking review of the methodology applied to assess the sustainability of fishing opportunities. In doing so we will seek the views of stakeholders. The new methodology will inform our negotiations for fishing opportunities in 2021 and will represent a fresh and transparent new approach to assessing outcomes on TAC setting including in relation to MSY that will reflect our objectives for delivering sustainable fisheries as an independent coastal state.

[HCWS213]

Sentience and Welfare of Animals

Victoria Prentis Excerpts

Monday 16th March 2020 Westminster Hall

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

It really is a pleasure to serve under your chairmanship in this important debate, Sir Roger. I am not sure that we have yet reached a point on animal welfare where we are sharing glory, but if there is glory to be shared, you should certainly have a part in that, as should many of the hon. Members who have spoken in today’s debate. I recognise that many hon. Members here have been involved in this area for a long time and will continue to be involved, and that is to be welcomed.

I thank in particular the Petitions Committee and its representative in this Chamber, the hon. Member for Bristol East (Kerry McCarthy), for giving us the opportunity to discuss this important subject. I also thank the 104,000 people who signed a petition to say that it is important that the House have this debate.

I start by saying that we should be proud of this country’s animal welfare record. In preparing for the debate, I had a little look at the history books. We started legislating for animal welfare in the 1830s—a long time before we put into place many other provisions that we would now consider essential, such as for the protection of children—so it is true that we are keen on protecting animals in this country.

It has never been in dispute that, of course, animals are sentient beings. Today’s debate demonstrates once again that we are a nation of animal lovers. All colleagues will know how deeply their constituents feel about these issues. We see that all the time in the love and money that people give to animal charities. We have heard today about the work that the Barnsley Brownies have been doing, and the excellent work that Give a Dog a Bone has been doing in East Renfrewshire. I pay tribute to all those who are involved in that way.

[James Daly]

If we are mentioning community groups, I must speak up on behalf of my constituent Helena Abrahams, who runs Gizmo’s Legacy. We talk about how we treat animals and how important they are to us, but, as the Minister knows, thousands of cats are disposed of every year without being scanned for a chip by local authorities. Cats are part of the family and need to be returned home rather than simply thrown into landfill. Will she agree to meet me or Ms Abrahams to discuss the matter further?

[Victoria Prentis]

It will give me enormous pleasure to agree to meet my hon. Friend to discuss that. I am a former officer of the all-party parliamentary group on cats and, indeed, the proud keeper—I certainly would not call myself the owner—of Midnight, voted parliamentary cat of the year the year before last. He definitely keeps me fully under control and has no difficulty in telling me about all his welfare needs.

Until 31 December, we are covered by article 13 of the treaty on the functioning of the European Union, but the Government have committed to introducing new laws on sentience, as we heard many times. We had an extremely clear manifesto commitment to do that, and I confirm that we will do so as soon as we can, but I am sadly unable to say exactly when that will be.

Obligations on keepers of animals under the Animal Welfare Act 2006 make it an offence to cause unnecessary suffering to any animal, and anyone responsible for an animal must take reasonable steps to ensure that the animal’s welfare needs are met. At this point, I thank those vets, charities and animal welfare organisations working around the clock with Department for Environment, Food and Rural Affairs officials in these difficult times of reacting to the spread of the coronavirus to develop guidance for pet and livestock owners. We want to help owners and keepers to take proportionate hygiene measures while supporting animal welfare.

My hon. Friend the Member for Southend West (Sir David Amess) spoke of the comfort that animals can give us in these frightening times, which was an important, well-made point. We are pleased to support the Animal Welfare (Sentencing) Bill, a private Member’s Bill introduced by my hon. Friend the Member for West Dorset (Chris Loder), who has just popped out of the room. It had its First Reading on 5 February 2020. It is the same Bill that the Government introduced in the last Parliament, and this small but critical piece of legislation will increase maximum sentences for animal welfare abuses tenfold, from six months to five years. It was good to hear the breaking news during the debate that we will next hear about this important Bill on 12 June.

I understand the concerns raised about the loss of protections as we leave the EU. I have never spoken ill of Government lawyers, and I certainly would not like to start now, but article 13 of the Lisbon treaty was proposed and promoted by UK Government lawyers. It states, as I think we all agree, that animals are sentient beings and that the EU and member states should pay full regard to the welfare requirements of animals when formulating and implementing policies, but only in relation to a limited number of EU policy areas. Article 13 also provides some wide-ranging exemptions for cultural and religious practices and so on. It does not—I hesitate to criticise it, but we must—confer directly applicable rights or legally enforceable requirements. Frankly, it does not provide the sort of protection for animals that we want going forward.

Now that we have left the EU, we have the opportunity, as my hon. Friend the Member for Southend West said so powerfully, to do things differently and in a way that reflects the importance we attach to animal welfare. Of course, what really matters is that we can enforce standards of animal welfare. I listened with interest to my hon. Friend the Member for Bury North (James Daly). We must find a way to ensure that sentencing acts as a deterrent, and I am extremely happy, given my legal background, to have many conversations with him about that, so we shall take that offline.

We have some world-leading animal protections in place in this country. The hon. Member for Pontypridd (Alex Davies-Jones) will be pleased that we have introduced a ban on the commercial third-party sale of puppies and kittens, known as Lucy’s law, and I pay tribute to the charity from her constituency that worked on that. The ban will help to clamp down on puppy farming and to ensure that our much-loved pets have the best start to their lives. It comes into force on 6 April, which will be welcomed.

[Alex Davies-Jones]

My birthday.

[Victoria Prentis]

On your birthday? That is good news. We have coupled the ban with a very effective public awareness campaign—not everything is to do with legislation; there are other methods of getting the animal welfare message out there—called “Petfished”, on how to source puppies and kittens responsibly and how to watch out for the tricks that clever and deceitful sellers use in this area. I encourage all those who have not seen it to have a quick google.

The Wild Animals in Circuses Act 2019 recently came into force, ensuring that wild animals can no longer perform in travelling circuses. CCTV is now mandatory for all slaughterhouses in England. We also support the Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which increases protections for police animals. It was mentioned by my neighbour, my hon. Friend the Member for Henley (John Howell). I spoke from the Back Benches in favour of that Act, as I think he did, and I met Finn, which was truly an honour.

The Government will introduce the necessary legislation on animal sentience as soon as we can, and I look forward to debating the details of the legislation with Members, particularly those present. Several useful points have been made during the debate, which I will take back and feed in.

There is considerable and growing interest in cephalopods and decapod crustaceans and whether they are sentient. At DEFRA, we have to follow the science, and because we want to ensure that this matter is progressed, we commissioned an independent review of the science on the sentience of those creatures, as the hon. Member for Bristol East said. A tender for the review was published on 6 March, and its findings will provide us with a robust scientific view later this year. I do not know the history of this matter, I am afraid—I have been the Minister only since just before the review was commissioned—but I think it is important that we look carefully at what that review says. It will be a full review of the evidence out there, and I look forward to sharing it and discussing it with the hon. Lady.

[Kerry McCarthy]

I sort of look forward to that, but if the research is due to run from May to November, and if this legislation has to be in place by the end of December, and given that we will obviously break up for Christmas, when will we actually have that debate? What is the window for that legislation to be brought forward? I do not see that it can make it.

[Victoria Prentis]

While absolutely committing to bring forward the legislation at some point, I am not committing to bringing it forward this year, which I am seeking to explain is not necessary because other protections are in place.

I have listened with interest to discussions on sentience, including on whether a new animal welfare advisory body should be created. It is clearly important that the Government receive the right expert advice when assessing the impacts on welfare needs. Various models might be appropriate. DEFRA already has an animal welfare committee tasked with providing independent, impartial advice to Ministers on welfare matters. We heard from the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) about the introduction of the Scottish animal welfare commission to provide advice on sentience. It undertakes interesting work, and I assure the hon. Gentleman that we follow the progress of that commission extremely closely. The Home Office’s Animals in Science Committee advises on all matters concerning the use of animals in scientific procedures. There are a number of models that we can choose from, and we are actively exploring the options.

I thank the hon. Member for Bristol East for securing the debate on this important issue. I know that she attempted to introduce a private Member’s Bill on it in the last Parliament. Unfortunately, there was no parliamentary time to debate it, but I look forward to debating our new proposals with her when we can bring them forward. The Government place great importance on the welfare of animals, and the measures I set out demonstrate the steps that the Government have taken, and continue to take, to strengthen our high animal welfare standards.

I end, because it is important that I do this, by putting to bed the ghosts of the hon. Member for North Ayrshire and Arran (Patricia Gibson) and reaffirming, whether necessary or otherwise, that the Government are absolutely committed to maintaining high standards of animal welfare, food security and environmental protection. The Secretary of State, as the shadow Minister rather teasingly referred to, is very committed to high standards, as am I. Chlorinated chicken is absolutely not allowed under English law; it is simply not something that we have to worry about. High standards are here, and we hope that higher standards will come in the future. Nobody need be worried about spooks in the night.

[Sir Roger Gale (in the Chair)]

I call Kerry McCarthy to wind up the debate.

--- Later in debate ---

[Kerry McCarthy]

Okay. I will not take up that much time.

The Minister’s response has left me thoroughly confused and more than a little concerned, and I think that the people from the campaign “A Better Deal for Animals”, some of whom are watching here today, will be equally alarmed by what she said. It might not have been my belief, but my understanding was that the Government were committed, in their manifesto, to introducing the law as soon as possible. First, there was the original promise. Let us not forget that there was going to be a Back-Bench revolt. New clause 30 had been introduced by the hon. Member for Brighton, Pavilion (Caroline Lucas). The Government were going to lose on that. The Government made a promise that they would legislate, so that they did not lose. They bought off their own Back Benchers, as well as the Opposition, by promising to legislate.

Therefore, there was a promise to legislate before Brexit, which has turned into a promise to legislate before the end of the transition period. There was a manifesto commitment to do this as soon as possible, but the Minister has just said that it might well not be this year.

[Victoria Prentis]

It is important to clarify this matter, as the hon. Lady has raised it specifically. The manifesto commitment is to bring forward the legislation as soon as possible. That is absolutely our position and that is what we will do. However, being realistic, we are in an emerging situation. We do not know what will happen over the next few months, and there are three very important DEFRA Bills going through both Houses of Parliament. I cannot, in those circumstances, absolutely swear to her that it will be this year. I tried to give reassurance in my speech that we already have animal welfare safeguards in our law, but the Government’s position remains the same: we will bring the legislation forward as soon as possible. Unfortunately, I do not know exactly when that will be.

[Kerry McCarthy]

The manifesto was obviously for the election towards the end of last year, and we then had a Queen’s Speech. One would have thought that if there was a manifesto commitment to do something as soon as possible, the Bill would have been mentioned in the Queen’s Speech. I appreciate that there are pressures on DEFRA and I certainly appreciate that there are many more pressures on the Government now than there were back then, but I do not think that we can use the coronavirus as an excuse for not having put something in the Queen’s Speech when none of us knew about that at the time. My concern is that the Minister seems to be trying to have it both ways by saying, “We will legislate; we have promised to legislate,” while also saying, “We don’t really need to legislate.”

This might genuinely be the Government’s view: “We do not feel that we need to legislate; we already have protections in law, but we know that at some point we will have to bring in a law, because we promised to do that to get out of an awkward situation.” We saw that with the Bill that became the Wild Animals in Circuses Act 2019. That was a far smaller matter, but again there was, I think, an Opposition day debate, and a huge number of people were supporting the change. Then it was dragged out; there was pre-legislative scrutiny and all sorts of things for a tiny little Bill that applied to, I think, 21 animals. It took forever.

My fear is that the Minister is trying to kick this issue into the long grass in the same way as the Wild Animals in Circuses Bill was in the long grass for an awfully long time. Many people outside the House will not be happy at all with this situation. Therefore, I will conclude by saying that there was a commitment to bring the concept of animal sentience into UK law. There was not a commitment to show people or illustrate by examples that it is already covered in UK law. We had that argument.

The commitment was to put this into UK law. There was then a manifesto commitment to put it into UK law as soon as possible. This is all very much Brexit related, and it was meant to be done by exit day—the end of January this year. Perhaps the transition period will be extended. Who knows? But the Government have made a clear commitment, and everyone expects them to live up to that commitment.

Caging of Farm Animals

Victoria Prentis Excerpts

Monday 16th March 2020 Westminster Hall

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

I think I will call you “Mr Chairman”, Mr Davies. I do not think I will call you anything else in the circumstances.

I thank the Petitions Committee for giving us the opportunity to discuss this very important subject, and it is a pleasure to follow excellent speeches from Members of all parties—particularly from my hon. Friend the Member for Southend West (Sir David Amess), who I have heard speak passionately about such issues many times. Indeed, we rehearsed many of the arguments in the Agriculture Bill Committee when he was the Chair and was prevented from opining on the subject, so it is good to hear from him today. I also thank the more than 100,000 people who signed the petition and brought this issue to our attention, and I acknowledge and praise the animal welfare campaigners who have played an enormous part over the years, with celebrity endorsements, advertising and general encouragement to improve our animal welfare standards. We have come a long way, particularly with the welfare standards of chickens such as Trevor.

The Government have made it clear that we place great importance on the welfare of farmed animals. The “End the cage age” petition calls for a ban on the use of barren and enriched cages for farmed animals, and I assure hon. Members that the Government are keen to explore the issue. Indeed, the Prime Minister noted in Parliament last year that he was keen to introduce animal welfare measures. We will continue to focus on maintaining world-leading farm animal welfare standards through both regulatory requirements and statutory codes.

The welfare of our farmed livestock is protected by comprehensive and robust legislation, backed up by the statutory species-specific welfare codes. The codes encourage high standards of husbandry, and keepers are required by law to have access to them and to be familiar with them. As part of the welfare reforms, I am pleased to say that the third of our newly updated welfare codes—for pigs—came into force on 1 March, and I will say a bit more about that later.

The Government have set ourselves a challenging agenda of animal welfare issues that we will tackle, and we are taking action on many fronts to improve the health and wellbeing of farm animals. A major example is that we are committed to ending excessively long journeys for live animals going for slaughter and for fattening. We will soon launch a consultation on how we deliver that manifesto commitment, and I am keen to press ahead with that as soon as we can. Our “Farming for the future” policy statement, which is favourite reading for the hon. Member for Cambridge (Daniel Zeichner), was published last month and reiterates that, in line with our national values, we wish to continue improving and building on our position.

As part of our reforms to agricultural policy, we are developing publicly funded schemes for English farmers to provide public goods—including animal welfare enhancements, which are valued by the public and not sufficiently provided by the market. Such enhancements could include improving animal welfare in relation to the use of cages and crates. Not all the examples that I am about to mention are absolutely relevant to the debate, but given that this is a matter which the hon. Members for Cambridge and for Bristol East (Kerry McCarthy) and I have discussed many times, it is important that I explain our thinking. We intend to develop publicly funded schemes to support farmers in England to deliver enhanced animal health and welfare, so the schemes are intended to reward them for going above and beyond already high standards, which I think the hon. Member for Bristol East recognised.

To take broiler chickens as a specific example, delivering enhancements may include farms using slower-growing, high-welfare breeds of chicken that have the freedom to exhibit natural behaviours through increased communication and a stimulating environment, or through the freedom to roam, peck and scratch outside. For dairy cattle, the enhanced freedom to exhibit natural behaviours could involve increased access to stimulating loafing or outdoor space, and the freedom to access and graze good-quality pasture. I will come to welfare enhancement for pigs later, but they could include rooting and foraging as well as addressing the issues of crates and tail dockings.

[Daniel Zeichner]

I assume the enhancements will be delivered through environmental land management schemes. Would the measures that the Minister is describing be delivered through the tier 1 system?

[Victoria Prentis]

As the hon. Gentleman knows, the system is currently being devised. I am very keen to include him as much as I can in the way we do that. Some of it might well be tier 1 funding, some might be tier 2, and some—though I doubt it—might even be tier 3, but I do not want to rule anything out at this point. It is really important that we keep an open mind, look at how the tests and trials are going, and then look at how the scheme is developed through the pilots. The point I am trying to make today is that it is certainly intended that public goods include animal welfare.

All hon. Members present can think of many improvements that we would like to see. For example, we might want to look at animal health improvements, such as reduced lameness in cattle and sheep, and at lower levels of antimicrobial resistance. We will focus on welfare enhancements that deliver the greatest impact and benefit, based on scientific evidence. I do not want to stray too far from the parameters of the debate, but it is helpful to continue to have such conversations as the system is devolved.

I want to emphasise that cages are not used in England to keep some of the farmed animals referred to in the petition—namely farmed rabbits, broiler chicken breeders, layer breeders and guinea fowl. It has been mentioned already that the UK unilaterally banned veal crates in 1990, 16 years before the rest of the EU, which eventually caught up. Conventional battery cages for laying hens were banned here in 2012. I am pleased to say that we already have a much larger free-range sector than any other EU country, and free-range sales represent about 67% of retail egg sales—not necessarily eggs incorporated into food—in the UK.

The Government are currently examining the future use of cages for all laying hens, and I welcome the commitment from our major retailers, with positive support from our egg producers, to stop retailing eggs from enriched colony cage production systems by 2025. I was interested in what the hon. Member for North Ayrshire and Arran (Patricia Gibson) said about Morrisons, and we obviously welcome its going further. The Government are also considering the use of cages for game birds, including the systems used for breeding pheasants and partridges. The hon. Member for Cambridge outlined how they are governed by the Animal Welfare Act 2006 and its associated code of practice, which provides keepers with guidance. The Act and DEFRA’s code are enforced by the Animal and Plant Health Agency.

My hon. Friend the Member for Southend West described farmers as big softies, and I should probably confess at this point that I have kept pigs in the past. They are one of my favourite animals—if a Minister is allowed to have favourite animals. My pigs were extremely free range, to the extent that they sometimes caused a nuisance in the village—the Agriculture Bill Committee heard a lot about that. As we heard earlier, the UK has led the way on improving pigs’ welfare by banning the keeping of sows in close confinement stalls in 1999. I am not in any way criticising that decision, but it is worth noting, as my hon. Friend did, that we were about 80% sufficient in pigmeat in 1998. The figure had fallen to about 50% by 2003, and it is currently about 56%. I am extremely keen not to outsource animal welfare issues to other countries.

The Government have made it clear that we remain completely committed to the ambition that farrowing crates should no longer be used for sows. Indeed, the new pig welfare code, which I mentioned earlier, clearly states:

“The aim is for farrowing crates to no longer be necessary and for any new system to protect the welfare of the sow, as well as her piglets.”

It is important that we make progress towards a system that both works commercially and safeguards the welfare of the sow and her piglets, and that we do so as quickly as possible. The UK is already ahead of most pig-producing countries on this issue, with about 40% of our pigs living and farrowing outside. Good progress has been made, but there is more to do.

As the hon. Member for Bristol East said, DEFRA has funded research into alternative farrowing systems. The commercial development of farrowing systems and practices is not sufficiently advanced to recommend the compulsory replacement of all farrowing crates, but I am keen to work with the industry on this—using both carrots and sticks—because it is important to not simply move production abroad.

I thank the hon. Lady for securing the debate. The Government place great importance on the welfare of all our animals. The measures that I have set out demonstrate clearly the steps that the Government have already taken and will continue to take to strengthen our high animal welfare standards. We are actively exploring options to do with the use of cages and will work with industry to improve animal welfare in a sustainable way. The provisions in the Agriculture Bill will help us to do that.

Agriculture Bill (Eleventh sitting)

Victoria Prentis Excerpts

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

[Deidre Brock]

I will be brief, because this is basically a rerun of arguments I have made in Committee on earlier amendments on Scottish Ministers getting a say over areas of devolved competence. We are concerned that the views of Scottish Ministers might be overlooked or overruled in future. In our view, the agreement of Scottish Ministers should be sought in all areas of devolved competence. Again, I cannot see why it is possible in other Bills being scrutinised by this Parliament to insert that the agreement of the devolved Administrations is required, not simply that their views will be taken into account, only for that perhaps to be subsequently ignored by this or future Secretaries of State. I will leave it there, but our views on the issue are particularly clear. I am interested to hear what the Minister has to say in response.

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

It is a pleasure to be back for a busy day in the Agriculture Bill Committee.

We do not dispute that agriculture is a devolved matter. However, this particular provision is about ensuring UK-wide compliance with an international agreement. That responsibility is, rightly, reserved to the UK Government. This is not about whether the devolved Administrations have the competence to implement and observe international agreements; it is about ensuring UK-wide compliance in an international sphere.

We therefore maintain that the clause is reserved, and we cannot concede that the regulations may be made only with consent from Scottish Ministers, because that would impinge on our powers to ensure our compliance with the World Trade Organisation agreement. We recognise that devolved Administrations have significant interests in these matters, and we are working closely with those Administrations on the draft regulations. We have made a firm commitment to consultation now and in future in the making and operation of the regulations.

Turning to amendment 99, the clause underpins the Government’s commitment to continued compliance with WTO regulation following European Union exit. The UK is a founding member of the WTO, but, as a member of the EU, was bound by the regulations of the common agricultural policy, which ensured compliance by all member states with WTO obligations. Outside the common agricultural policy, we will have to have a new regime and a new approach to ensuring compliance with our continuing WTO obligations.

Agriculture is devolved in the UK, so each Administration will decide their own future policy on farm subsidies. The clause allows each Administration to do that, but it gives the Government powers to ensure UK-wide compliance with WTO obligations. We will continue to work closely with devolved Administrations officials, as we have been doing for more than a year. I am assured that the relationship is good and that that work is going well. It is important to ensure that all parties’ views are properly considered.

An agreement between the Department for Environment, Food and Rural Affairs and the Welsh Government contains commitments that the draft regulations will be presented to the UK’s four Agriculture Ministers with the aim of securing agreement, followed by an exchange of letters. In that context, I ask that the hon. Lady withdraw her amendment.

[Thangam Debbonaire (Bristol West) (Lab)]

I rise to speak—I am double hatted—not as a Whip, but as a shadow Minister with responsibility for European affairs, formerly Brexit, which I still am at the moment.

I shall speak to amendment 99, which I hope will offer a balance. The Minister obviously understands that we recognise that WTO compliance is a reserved matter, but also that agriculture is devolved. We therefore feel that placing requirements on the devolved legislatures, without a corresponding requirement on the Government to at least consult them, is not fair. This is a delicate balance to strike, and we feel that amendment 99 is a balanced way forward.

It is interesting that clauses 40 to 42 will mean that we have to adhere to WTO rules—specifically, the agreement on agriculture. They bind us to supranational rules, which is an interesting take on where we are as a country, given that so many Ministers and Brexit-supporting MPs have for many years made the Brexit case by stating, and in fact restating, their devotion to sovereignty and their desire for the UK Parliament to have complete control of our laws, borders and money, to use a phrase, which they appeared to want. However, here we are putting into legislation the requirement to adhere to a supranational, unelected body, with its own court of dispute resolution, the findings of which we will all be bound by. I want to make sure that Government Members are aware of that.

--- Later in debate ---

[Victoria Prentis]

indicated assent.

[Thangam Debbonaire]

Good. Excellent. We have that on the record. I happen to like supranational rules—provided that nation states have debated and agreed to them—which advance the course of human wellbeing, equality, sustainable development, animal welfare, biodiversity and all those other wonderful things that the Bill will put into law. I would like us to amend the Bill with amendment 99, so that the way we do that balances out the responsibilities between the nations of the United Kingdom.

Signing up to an international treaty is not a loss of sovereignty—clearly the Government agree in relation to the WTO, which is quite interesting—but an exercise of it. We believe that co-operation with other nation states is good. Contrary to what some have said, nations do not do better when they isolate themselves from supranational co-operation; I definitely heard a Minister say that recently.

I am curious, because it appears from these clauses—I might have this wrong—that the Government seem to want to take back control not to share that control with the nations of the UK, but to concentrate power in ministerial hands. We would like to make sure that that power is properly shared with our elected representatives in the regions and nations.

Clauses 40 to 42 are perfect examples of that concentration, because they give Ministers the power to make demands of the elected legislatures on a devolved matter, but with no reciprocal requirement on the Government to involve or even consult those legislatures. Given that the previous Government found that the WTO-only option was most damaging to the economy, and that the current Government do not seem to want to release any more recent assessment of the impact of downgrading our ambition to the much inferior WTO-only agreement, we think it even more necessary to make sure that our devolved legislatures are properly consulted.

WTO means tariffs on some products and a regime for which our farms are not ready. The amendment cannot fully ameliorate the potential damage to our economy and farms from reverting to a WTO-only deal, but it would at least mean that the devolved legislatures were properly involved.

During the evidence session, I asked the Welsh Government’s director of environment and rural affairs whether he wanted a requirement for the Secretary of State to consult the devolved legislatures on the operation of those provisions. I said:

“This is about classifying domestic support in so far as it affects the agreement on agriculture and relates to our position in the WTO. It is a very specific question: do you think that Wales—and Scotland and Northern Ireland—should be consulted, as well as required to provide information?”

He said:

“This is an issue that we had extensive conversations with the Minister about”—

I am absolutely sure that that is true—

“regarding the equivalent text in the previous version…we would love a consent provision”.

He also said that

“in the context of the last Bill we came to a bilateral agreement between the UK Government—the Department for Environment, Food and Rural Affairs—and the Welsh Government on how the provisions would be operated in practice. The Minister”—

that is the previous Minister, who is now Secretary of State—

“has confirmed to us that that agreement will be carried over with this Bill. We look forward to him”—

presumably, this now means the new Minister—

“making that statement again during this stage of the Bill or at a later stage in the House, about how we would work together on that, about the advice and about, were there to be disagreement, our opposition being formally presented to the House of Commons to be part of your decision-making process.”

He wanted there to be a way that any opposition by a devolved legislature could be presented to the House of Commons. He said:

“We have agreed a way of working to ensure that that voice is heard effectively.”

I do not doubt that, but when I asked him again about what that agreed way of working was, saying that it was not in the Bill, he confirmed that it is not in the Bill, but said:

“It is an exchange of letters”.––[Official Report, Agriculture Public Bill Committee, 13 February 2020; c. 94, Q145-46.]

Exchange of letters is a good thing, but it is not legally binding. Bilateral conversations, again, are a good thing, and I have absolutely no doubt that DEFRA, the Welsh Government and other devolved Administrations are consulting properly, but we want this in the Bill, because an exchange of letters is not adequate. It relies on the good will of Ministers. I have no doubt that the Minister has good will towards all the devolved nations, but we want to ensure that that good will is bound into law with a modest requirement to consult the devolved legislatures.

I ask Government Members, and the Minister, to note that the backdrop to these clauses is that the WTO now appears to be no longer just the backstop, but the frontstop—I do not know whether there is such a thing as a frontstop, but this seems to me to be a problem, because that is the worst of all the possible options identified by the previous Government. At the very least, we should be ensuring that our devolved legislatures are properly consulted.

[Victoria Prentis]

Very briefly, the hon. Lady has made an entertaining speech, in which, I politely suggest, she is trying on this particular issue to have her cake and eat it. The reason we cannot agree to these amendments—though we share her views on the importance of talking to and consulting with devolved Administrations; I do not think there is any doubt in this room about that—is that we keep as a reserved matter compliance with WTO rules. We are absolutely part of the WTO; she is right on that. I take on the chin her sharper comments about whether that is fully understood, but it is certainly understood by those on the Government Benches, and she should be in no doubt about that.

On the hon. Lady’s specific point about what Mr Render said in evidence and the assurance given by my predecessor, who is now Secretary of State, I am happy to look at whether we should restate that commitment, and I undertake to do so.

[Thangam Debbonaire]

I completely understand that agriculture is devolved and compliance is reserved. That is why our amendment would require consultation to take place. It would not be a veto on the part of the devolveds, which I understand others might wish to have. I would like the Minister to consider that as a compromise.

[Victoria Prentis]

We need to ensure that the provisions made under the clause are fair and proportionate. We want to involve devolved Administrations and I have set out how we intend to do so. In my view, that is adequate, so I ask the hon. Member for Edinburgh North and Leith to withdraw her amendment.

[Deidre Brock]

I agree with the hon. Member for Bristol West that power is being concentrated under this clause towards the UK Government and the Secretary of State. Once again—when there is a common view among the four National Farmers Unions of the four nations that any common frameworks covering anything to do with agriculture must be agreed, not simply consulted upon—I fail to see why this quite reasonable suggestion is continually disagreed with by Ministers.

I speak here, I suppose, on behalf of the Scottish Government, rather than every devolved Administration, because I would not presume to do that. However, I assume that they feel exactly the same and follow the views of their National Farmers Unions as well. The possibility exists within this clause and others for our Ministers’ policy choices to be constrained. Those policy choices reflect closely the conditions of their own nations, and they must be taken into account. Their views must be listened to and their agreement sought.

That is why, although I agree with much of what the hon. Member for Bristol West has said, properly involving the devolved Administrations means respecting their wishes and seeking their consent, rather than simply seeking to consult with them but ultimately, perhaps, ignoring them. I will therefore push the amendment to a vote.

--- Later in debate ---

[Thangam Debbonaire]

I wish to make a few remarks on amendments 32 and 33. We will not support amendment 32 because it provides a veto for Scotland on the reserved matter of WTO compliance. The hon. Lady is right about the WTO; we could have a whole discussion about why and how we have ended up with the WTO and where we seem to be going, but today is not the day for that.

On amendment 33, we still feel that our amendment to clause 40 would have provided a good compromise of a consultation process, whereas the SNP amendment removes the requirement on the devolved Administrations to provide that information. It would have been better to be more balanced. We will not vote against that amendment, but we wish the Minister to take into account the fact that we offered a compromise in amendment 99, and we urge her to consider that at a later stage.

[Victoria Prentis]

Starting with amendment 32, now that the UK has left the EU, we have become a fully independent member of the WTO. That means that the UK Government are responsible for ensuring that the whole of the UK complies with its obligations. In fully federal countries such as the USA and Canada, the WTO always insists that agricultural trade is reserved—that is how the WTO functions with federal states. One of the UK Government’s obligations under WTO rules is to notify the UK’s use of agricultural support to the WTO membership. It is essential that the nations of the UK take a consistent approach to classifying agricultural support in accordance with those requirements.

Clause 42 provides for a decision-making process that will, quite properly, involve all four nations of the UK. That will be set out in regulations made under the clause. Where a decision cannot be reached through that process, the UK Government, as the hon. Member for Bristol West said, must ultimately be responsible for the final decision, but we hope that agreement can be reached. The amendment would remove the safeguard of final decision making from the Secretary of State and potentially impede our ability to comply with WTO obligations where we cannot reach agreement, although we hope that we will.

Turning to amendment 33, the whole clause must be read in the context of “securing compliance” with the WTO agreement on agriculture, which is incontrovertibly a reserved matter. We need to be able to reassure WTO members that, despite the unusual degree of agricultural devolution in the UK, we have the means to ensure that we will have the relevant data to be able to comply. The amendment would remove the Secretary of State’s ability to make regulations for securing, from any part of the UK, the information necessary for the UK Government to meet those international obligations. I therefore ask the hon. Member for Edinburgh North and Leith to withdraw the amendment.

[Deidre Brock]

I heard what the Minister said and we are clearly having great difficulty in coming to an agreement between the two Governments and between us on the Committee. From my point of view, decision-making powers that allow not for agreement but simply for consultation do not seem fair or equitable, so I will press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Thangam Debbonaire]

I will make a few brief remarks on behalf of the shadow European affairs team. As we leave the European Union, we want to make sure we do not lose anything in terms of our high standards and that we try to spot the places where there is potential for loopholes, which I hope none of us wants.

My hon. Friend the Member for Bristol East admirably made the case that the Secretary of State’s real views are in alignment with ours. We therefore present the Government with an opportunity to vote for the Secretary of State’s actual views. We in the European affairs team feel we are here to make sure that the transference of Europe-wide rules to UK standards is not undermined by trade agreements with other parts of the world. We simply want to safeguard that. So, on behalf of the shadow European affairs team, I want to add my support to the case made by Opposition Front and Back Benchers, which, after all, reflects the Secretary of State’s views.

[Victoria Prentis]

I thank hon. Members for tabling these new clauses. I genuinely appreciate the opportunity to talk once again about the importance of food standards. The hon. Member for Bristol East will never find me sneering at or questioning the importance of food standards. This is an important debate, and it is right that we have it here, and while considering other Bills, as we move to a new world where we have left the EU and hopefully have free trade agreements with many other countries.

I welcome the opportunity to reiterate the Government’s commitment to not lowering our standards as we negotiate new trade deals. The Prime Minister has consistently stated that we will not compromise our high environmental, food safety or animal welfare standards now that we have left the EU. We made that commitment in our manifesto, and my right hon. Friend the Secretary of State for International Trade reaffirmed that commitment to the House earlier this week in respect of a US trade deal.

[Kerry McCarthy]

rose—

[Victoria Prentis]

I will give way, but I have a long speech and a lot to cover.

[Kerry McCarthy]

I am sure the Minister does, but the problem is that I suspect I know what she will say. To cut to the chase, given that it would make everybody so much happier if that commitment was in the Bill, what is the reason for its not being?

[Victoria Prentis]

I will set out the Government’s position on that. The hon. Member for Cambridge was kind enough to say that I was an esteemed lawyer. I do not know whether that is true, but I am certainly a very experienced Government lawyer, and I gently say that the purpose of primary legislation is not about making people happy, although the purpose of the policy behind it might well be that. We come at this from the same place: we all like high standards in British agriculture and want to support our farmers. However, I will set out why the Government have come to this conclusion, which will take some time, I am afraid, and I will deal with the point made by the hon. Member for Bristol East.

To deal with the point made by the hon. Member for Bristol West, we are retaining existing UK legislation, and at the end of the transition period, the European Union (Withdrawal) Act 2018 will convert on to the UK statute book all EU food safety, animal welfare and environmental standards. That will ensure that our high standards, including import requirements, continue to apply.

The hon. Member for Cambridge said I was an esteemed lawyer—who knows?—and also that he was waiting for a letter from the Department. I am certainly an experienced enough lawyer not to wish to interfere in that process. If a letter is being drafted, I will make sure to look at it. However, he asked specifically about hormone-treated beef and washed chicken. I will give him the directives and the way they are transposed into British law as I see it. The top line is that all EU law on food safety standards was carried over by the 2018 Act.

EU Council directive 96/22/EC, as amended, which bans the import and production of hormone-treated beef, was transposed into UK law through national legislation. It is found in various regulations, including the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015; Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019; and the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016. I will write to the hon. Gentleman on that, because I do not expect him to take a note of all those, or the Secretary of State will write to the shadow Secretary of State. I do not want to interfere in that letter-writing process.

On the washing of poultry, European Union controls on the surface decontamination of poultry—regulation 853 /2004—will be retained through the 2018 Act, and have been made ready to be carried over into UK law immediately after the transition period through the Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019, which will maintain the status quo that no product other than drinking water is currently approved in the EU to decontaminate poultry carcases. That will remain the same in the UK. I will write to the hon. Gentleman properly about that, so that he has the details. It is complicated, as he says.

The regulations I have mentioned include artificial growth hormones for domestic production and imported products, and we would require legislation to change those regulations. Both hormone-treated beef and washing of poultry are covered. The Government have said that any future deals must respect our regulatory autonomy, which means that we will not sign agreements that threaten our ability to set our own high standards, of which we are proud. Our standards are driven by consumer and retailer demand and frequently go above current regulatory standards; most of us would welcome that. The Agriculture Bill will help to ensure that we continue to maintain those high standards in line with the needs of our farmers, retailers and consumers.

--- Later in debate ---

[Thangam Debbonaire]

Is the Minister not making my case that the WTO is therefore the lowest common denominator? It is a real problem that we have ended up heading in this direction.

[Victoria Prentis]

I feel that the hon. Lady was partly making my point: we have to stick to WTO rules. I think she and I agree that we want to comply with WTO rules. As a lawyer with many years’ experience, I am explaining my concern that the new clause would possibly not comply with WTO rules—I put it no more strongly than that.

Prior to the start of negotiations for each new free trade agreement, the Government will publish—indeed, we have done so this week—our approach to negotiations, including our negotiating objectives and other explanatory material. We did so on 27 February ahead of the start of negotiations with the EU, and on Monday this week for the US negotiations. Right hon. and hon. Members, and the general public, have a chance to scrutinise those documents and the Government will rightly be held to account. Once negotiations are under way, we will continue to keep the public and Parliament informed. We believe that that approach strikes the right balance of allowing Parliament and the public to scrutinise the trade policy, while maintaining the ability of Government to negotiate flexibly in the best interests of the UK.

I turn to new clause 30 and new schedule 1. As several hon. Members have said, the provisions were tabled when the previous Agriculture Bill was before the House during the last Session. The hon. Member for Cambridge will recognise that domestic legislation already provides for a prohibition on the use of substances listed in new clause 30, and for maximum residue limits for substances to be specified. My response to the comments about the new clauses that were tabled by the current Secretary of State is this: are we not fortunate to have a Secretary of State who is a champion of standards in our food and agricultural sector? Quite frankly, to turn around the words of the hon. Member for Bristol East, the Secretary of State wholly supports the Agriculture Bill as drafted. He has been reassured that this is not needed in primary legislation, and if it is good enough for the Secretary of State, it is good enough for me.

To go into detail, as the hon. Member for Cambridge did, new clause 30 does not refer to the operability amendments and other provisions in the exit legislation made last year—obviously, because it was drafted before that. That legislation deliberately took a flexible approach to the specification of maximum residue limits, rather than the more onerous scrutiny that the new clause would lead to. The legislation will come into force at the end of the transition period. Setting a maximum residue limit for a particular substance does not overturn the legislative prohibition on the use of substances as growth promoters.

Parliamentary scrutiny is, of course, important. But, as was explained in debates on the exit statutory instruments last year, a non-legislative approach when setting maximum residue limits is more efficient and likely to avoid unnecessary delays, which might have financial implications for industry and make the UK less attractive to pharmaceutical companies looking to market veterinary medicines. If that were to lead to a reduction in available medication, it could have a significant impact on animal welfare. As such, although we recognise that there are arguments for increasing the level of parliamentary scrutiny, the Government prefer to maintain the approach set out in our exit legislation—of course, it was not around when the amendment was drafted—that was considered and approved by Parliament at the end of last year.

Turning to new clause 31, I hope the hon. Member for Cambridge can agree that there are instances in which substances other than drinking water are already deemed appropriate for the specified purposes, having been subject to rigorous risk analysis processes. In fact, the EU has approved lactic acid for treating beef carcases, recycled hot water for carcases of certain species and clean water—not drinking water—for fishery products. I hope we can agree that it would be regressive to undo what are already considered safe practices. The unfortunate effect of the new clause would be to stymie any process for considering new substances for use in the UK in future. It could restrict the potential for innovation to realise new hygiene benefits.

The wording of new clause 31, whether intended or not, goes much further than existing restrictions—I do not want to talk about sloppy drafting, but I am concerned that such a provision could result in serious animal health and welfare implications. Live animals could no longer be effectively washed or treated with antiparasitic treatment, as my right hon. Friend the Member for Scarborough and Whitby said, such as sheep dips. Udder washing is a perfectly normal practice to stop mastitis, and we would not want to interfere with that. Maintaining safety and public confidence in the food we eat remains a high priority for the Government, and the current regulatory framework ensures that.

New clause 32 would prevent meat and other products from conventionally reared meat chickens from being sold or supplied in the UK unless they are produced to a stocking density no greater than 39 kg per square metre, which is our current maximum in Great Britain. Northern Ireland has set a maximum stocking density of 42 kg per square metre. As such, the new clause would mean that meat chicken legally produced in Northern Ireland over 39 kg per square metre could not be sold in the UK. I am sure that was not the intention when the new clause was drafted.

Further, although we have a strong domestic sector producing around £2.4 billion of poultry meat per year, in 2018 we imported £2.1 billion of chicken meat and chicken products. Some of those, including imports from some EU member states, do not meet our stocking density requirements. Imposing a restriction of this kind on imports might result in food security issues, and it would certainly impact cost. We all want to move in the same direction on animal welfare, but we may not be able to do so by means of new clause 32.

I am pleased to have had the opportunity to restate the Government’s commitment to standards and to highlight Parliament’s role in scrutinising our negotiation approach to free trade agreements. However, as I mentioned, we have retained EU legislation for existing protections on food safety, animal welfare and environmental standards, and I therefore the Opposition to withdraw the new clause.

[Daniel Zeichner]

I have listened very closely to the Minister addressing a range of complicated issues. In responding, I will work backwards.

We fully accept that drafting the detail in these proposals was a complicated process, and we pay tribute to the current Secretary of State for the work he did in attempting to deal with this conundrum. I have to say that I think the Bill—this is the part the Minister was not really able to address—in effect takes apart what the Secretary of State was trying to do, which we think was really important. I invite the Minister to reflect on whether it would be possible to work cross-party before we get to the next stage of the process to amend some of the detail. That would seem to me to be a good way forward, and it would reflect what I suspect we can probably all agree on. Knocking this down on the basis that there are problematic points of detail—I do not dispute that it is complicated and difficult—is not the right way to go.

That leads us to the Minister’s point about our relationships in the WTO. We know that the WTO is a troubled organisation at the moment, but we also know that there is plenty of opportunity all the time for people to challenge. The question is why they do it at some times and not others. That goes back to the points made by my hon. Friend the Member for Bristol West.

There is a political set of questions about how trading blocs deal with disputes. The sad truth is that we are now outside one of the big trading blocs and we do not have the power of an umbrella that would probably prevent others from making challenges that we might not think reasonable. We have seen that in the new world order, with Trump and so on, quite spurious challenges may be made that generate a whole raft of legal procedures, which take time and are difficult to deal with. A small player is much more vulnerable than a big player to being picked off, because big players have more resources in their armoury to fight back with.

I am afraid that is the difficult situation that the Government have got us into. On the WTO rules, I recognise that there is some potential for challenge, but that is where we are at. We must ensure that we do everything we can to protect our people in this new world. The clearest and most helpful way of doing that in negotiations would be to put what we have proposed in the Bill; if we did so, the others in the negotiations would know it was non-negotiable.

That goes back to the basic point that the Minister made at the beginning of her speech. I am afraid the harsh truth is that when the Prime Minister makes a series of promises, they are not believed. My hon. Friend the Member for Bristol East made some excellent points: for all the reasons we have heard about today, including the piece that the current Secretary of State wrote all those months ago, how can we believe the Prime Minister when—

Ordered, That the debate be now adjourned.—(James Morris.)

Agriculture Bill (Twelfth sitting)

Victoria Prentis Excerpts

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

[Kerry McCarthy]

This revisits something that we discussed when the previous Agriculture Bill Committee met, but there have been some positive moves from the Government in respect of county farms since then. I am pleased that there have been quite a few indications of support, but we could do more, which is why I have tabled the new clause.

County farms are an undervalued national asset, and they could play a significant role in the future of UK farming. I have the support of the Campaign to Protect Rural England, Sustain and the Landworkers Alliance for the new clause, which is aimed at rejuvenating the county farms project and improving the information that the Department for Environment, Food and Rural Affairs holds on the estate. It would require councils to submit a report to the Secretary of State within 18 months of this Act’s becoming law, saying how they would make best use of their smallholdings to support new entrants to farming. We have heard, and it is generally accepted, that the price of land in particular can act as a real deterrent to new entrants.

The new clause also looks at promoting sustainable land management practices, sharing knowledge of those practices, and increasing public access to the natural environment and farming. The new clause is needed because there has been a steep decline in the county farm estate over the past 40 years, and that sell-off appears to be continuing. Between 2010 and 2018, the size of England’s county farm estate fell by more than 15,000 acres, with 58% of that sold between 2016 and 2018. If we want to reverse that trend, it is clear that we need a fresh approach, rather than business as usual, and I hope that the new clause will kick-start that.

There was a session—I think it was of the Environment, Food and Rural Affairs Committee, but I get confused sometimes, because we also discussed this at the all-party parliamentary group on agroecology for sustainable food and farming—where Cambridgeshire County Council was spoken of. It does really good work on this front. Its estate generates a substantial income for the council of more than £4 million each year, and since 2009, the 109 new tenants who have joined the estate have an average age of 30, which is half the UK average.

We spoke earlier—I think it was when we were talking about de-linked payments and other things—about the average age of farmers in this country and how we really need to bring a new generation on board. County farms seem to be doing that in Cambridgeshire. The estate is also supporting a pioneering agroforestry farmer, Stephen Briggs.

At the very least, I hope the new clause will encourage councils to look favourably on including enhanced management and environmental obligations as part of the tender process and management. This is about not only allowing access to land through the county farm movement, but encouraging people to farm in a certain way. CPRE’s recent report on county farms highlighted the fact that a number of councils already view their estates as a crucial lever in responding to the climate emergency.

As I said at the beginning, we have had some promising words from the Government, but we have not had action yet, and the Bill is still completely silent on this. The now Secretary of State told us in the Agriculture Bill Committee back in October 2018 that he was considering whether to use funds under the productivity strand of the Bill to refresh the model. In January 2019, I chaired a session at the Oxford Real Farming Conference, interviewing the then Secretary of State on stage. It must be said that all the promises he made then went down very well.

One of those promises was to announce a new package of financial support for county farms in the coming months. He reaffirmed that promise in a letter to the EFRA Committee in March 2019, stating his desire to

“create a financial incentive for local authorities who want to invest in their council farms”.

In September, that promise was repeated, this time in response to a written question that I asked the current Secretary of State.

While I warmly welcome the statement in the “Future for Food, Farming and the Environment” policy statement published last week that the Department

“will offer funding to councils…who want to invest in creating new opportunities for new-entrant farmers”,

when can we expect some firm detail on the timetable of financial assistance that will be offered? In the meantime, based on the language in the policy statement, I see no reason that the new clause, which is designed to encourage new entrants and sustainable farming, would not help the Government to achieve their desired outcome.

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

I thank the hon. Member for Bristol East for tabling the new clause and look forward to working with her on how we can support smallholding authorities to invest in, and commit to, their county farms. We want to help them to provide more opportunities for new entrant farmers and to continue to offer the wider environmental and public benefits.

I am concerned that the new clauses would constrain smallholding authorities’ ability to manage their estates effectively and would create an additional administrative burden. Rather than legislating, I would prefer to work collaboratively with smallholding authorities. We want to support them to manage their estates so that they can provide more opportunities for new farmers and existing tenants, as well as for the benefit of the wider public.

I hope that the hon. Lady is assured by the document published last week and that she will continue to talk to me. We will continue to talk to smallholding authorities about how we can take things forward. I therefore ask her to withdraw the motion.

[Daniel Zeichner]

New clause 26 is broadly similar to new clause 5, which my hon. Friend has just moved. She spoke powerfully about the plight of our county farms. She did mention, of course, successes in Cambridgeshire. I rarely find reason to praise Cambridgeshire County Council, but on this occasion, I think that it is doing good work.

As farms owned by local authorities that can be let out at below-market rents—I suspect that there is agreement on this—they are a vital means to encourage young and first-time farmers into the sector. They provide a key way in for those who have not had the good fortune to inherit or are lacking the capital required to buy or rent. As well as offering a sustainable income stream for local authorities, these farms have been recognised as particularly well placed to deliver locally driven social and environmental goods, ranging from tree planting and local education initiatives on farming to public procurement of locally produced food.

As we have heard, however, county farms have been left in serious long-term decline. An investigation last year by Who Owns England? showed that the acreage has halved in the past 40 years—first driven by the privatisation drive and cuts to county budgets and powers under the Thatcher and Major Governments, and by the austerity agenda in recent times. Cash-strapped local authorities making difficult decisions have been forced to take cost-saving measures, and 7% of England’s county farms estate was sold off between 2010 and 2018, with three quarters of all smallholding authorities having sold parts of their estate.

As we have heard, some authorities, such as my own in Cambridgeshire, have recognised the importance of county farms and have increased the number of acres in the past decade. Interestingly, they are now bringing in a sustainable income for the authorities. I am told that, in Cambridgeshire’s case, that is in excess of £4 million each year. However, the situation is not so good elsewhere. I am told that Herefordshire, for instance, has sold many of its county farms; there has been a decline of 89%.

The Government’s recent policy document on farming for the future mentions that funding will be offered to councils with county farm estates, but we still have no clear detail on how much that would be and whether it would be sufficient. It is rather surprising that in a flagship Bill on reforming our agricultural system—

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[Daniel Zeichner]

I appreciate what the right hon. Member says. We are not seeking to stop that kind of process. We are trying to make it more difficult for councils to respond to funding cuts by selling county farms, which in some ways I do not criticise because they face difficult choices. If that practice is not stopped, then, frankly, it will go on happening, unless there are significant changes in funding for local authorities.

In recognition of the key role that local authorities can play in incentivising these farms to be environmental public goods, we would also require local authorities to submit proposals on how they intended to manage their smallholdings in a way that contributed to those various public goods, including the mitigation of climate change and reducing gas emissions. As discussed, our new clause would also limit the continued disposal of farms by stipulating that no local authority smallholding would need to have its ownership transferred unless that was clearly in accordance with those purposes.

[Victoria Prentis]

I have already responded fairly fully to the hon. Member for Bristol East and I feel that the Labour Front-Bench amendment is strikingly similar. I have said all I need to say on this subject.

[Kerry McCarthy]

I hope we can continue the dialogue about county farms and that we can see some concrete action from the Government. Given what the Minister has said, for once I will take her at her word that she has leapt upon this and I will not push the measure to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 6

Quality schemes for agricultural products and foodstuffs

“(1) Subsection (2) applies to any function of the Secretary of State under—

(a) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (“the EU Regulation”),

(b) the delegated and implementing Regulations,

(c) any regulations made by the Secretary of State under the EU Regulation, and

(d) any regulations made under section 2(2) of the European Communities Act 1972 relating to the enforcement of the EU Regulation or the delegated and implementing Regulations.

(2) The Secretary of State may exercise the function only with the consent of the Scottish Ministers.

(3) In subsection (1), the “delegated and implementing Regulations” means—

(a) Commission Delegated Regulation (EU) No 664/2014 supplementing the EU Regulation with regard to the establishment of Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules,

(b) Commission Delegated Regulation (EU) No 665/2014 supplementing the EU Regulation with regard to conditions of use of the quality term “mountain product”, and

(c) Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of the EU Regulation.

(4) The references in subsection (1) to the EU Regulation and the delegated and implementing Regulations are to those instruments—

(a) as they have effect in domestic law by virtue of the European Union (Withdrawal) Act 2018, and

(b) as amended from time to time whether by virtue of that Act or otherwise.”—(Deidre Brock.)

Brought up, and read the First time.

[Deidre Brock]

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

The new clause is about protected geographical indictors. They are a vital part of the business plan of many of Scotland’s top food producers and many food producers in other nations. They are a guarantee of quality and of the care and skill that goes into their production.

I am sorry to say that I remain to be convinced that a UK system would be any kind of replacement or match for the EU system, but the UK Government still intend to create their own new system instead of sticking with the EU system, as I understand they could have done. It therefore seems sensible to me to make sure that the new scheme properly serves producers who have the full protection under the current scheme, and any new producers wishing to get geared up for it.

To protect Scottish producers, it seems sensible to ensure that there is input from the Scottish Government to the new scheme. The new clause would simply ensure that the views of Scottish Ministers are properly considered in the exercise of functions under the scheme. It reflects and respects the devolution settlement and is measured.

[Victoria Prentis]

I see the good intentions behind the new clause, and I understand the desire to ensure that Ministers’ decisions on geographical indicators are made in the best interests of all stakeholders across the nations. However, that is not quite what the new clause would do. It would give Scottish Ministers a veto over Government decisions, even when there was no Scottish interest in those decisions. GIs are a form of intellectual property law and are therefore a reserved matter, so it would not be appropriate to go down the path proposed in the new clause.

Nevertheless, even though GIs are reserved, the Government recognise that the devolved Administrations have always played an important role in these schemes—Scottish salmon, for example, is an important export—and I am keen for that to continue. I assure the hon. Member for Edinburgh North and Leith that my officials have worked closely with colleagues from the devolved Administrations to agree a working-level arrangement to underpin very close co-operation in the new domestic schemes. That was agreed and signed by senior officials in the devolved Administrations, including the Scottish Government, on 4 October last year. The arrangement ensures that the devolved Administrations will be included in the assessment of GI applications and will have a say in the development of scheme rules. I believe that this arrangement does what the hon. Lady seeks with her new clause.

[Thangam Debbonaire (Bristol West) (Lab)]

I rise to say on behalf of the shadow European affairs team—in the spirit of transitioning from one state of affairs to another—that Labour Front-Benchers have a lot of sympathy with what the hon. Member for Edinburgh North and Leith and the SNP are trying to do. Of course, we want to protect GIs and people’s ability to trade using them, which is a strength. We particularly want to make sure that, given that—I have to reiterate this—the prediction that moving to World Trade Organisation trading rules will be the worst-case scenario, we do everything we can to protect our specialist food producers. However, the Labour party cannot support the new clause as worded because of subsection (2), which would give Scottish Ministers a veto. I will not go over old ground, but it is consistent with Labour policy that we could not support it because of that part, but we support the spirit of what the hon. Lady is trying to achieve.

I urge the Minister to work with all parties and producers across the whole United Kingdom so that we can protect our GI products. They are dear to us and to our sense of who we are, and as we leave the European Union, they may matter even more. There are Members across the Committee who feel very strongly about GIs in their own constituencies.

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[Deidre Brock]

I support the new clause simply because it is the right thing to do. I appreciated the speech by the hon. Member for Nottingham East very much, and I hope the Minister will see her way clear to coming to some sort of agreement on this, because many of us are very disturbed by this trade and would like to see it stopped.

[Victoria Prentis]

While allowed under EU law, the Government have made clear that the production of foie gras from ducks or geese using force-feeding raises serious welfare concerns, as the hon. Member for Nottingham East outlined. The production of foie gras by force-feeding is banned in the UK, as it is incompatible with our domestic legislation. After the transition period, there will be an opportunity to consider whether the UK can adopt a different approach to foie gras imports and sales in this country. I am afraid the time is not quite now; the time is after the transition period.

I understand the strength of feeling on the issue, but this Bill is not about making provisions prohibiting imports. I reassure hon. Members that the Government will use the opportunities provided through future free trade agreements and, of course, our wider international engagements to promote high animal welfare standards among our international trading partners. I am afraid the time is not yet, and I ask the hon. Lady to withdraw the amendment.

[Nadia Whittome]

I must say I am disappointed in the Minister’s response. What she says on animal welfare is at odds with what is in the Bill. Therefore, I will move this new clause to a vote.

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

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[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.

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[Victoria Prentis]

The Government are committed to animal welfare. I reassure Members that high-quality research and evidence from a range of sources will always inform our animal welfare policy. Using the powers set out in the Bill, we are developing a scheme, as the hon. Gentleman knows, that aims to improve farm animal welfare in England. As part of that, we are exploring one-off grants that will help farmers to improve welfare on farms, as well as a payment by results scheme through which farmers could receive ongoing payments for delivering specific animal welfare enhancements.

New clause 13 would make it a legal requirement for the Secretary of State to conduct, commission or assist the conduct of research that specifically considers the impact on animal welfare of highly intensive livestock farming practices in England. Although the new clause is well intentioned, it fails to recognise the unintentional consequences that could occur as a result. Farm animal welfare relies primarily on good stockmanship. The Animal Welfare Committee frequently concludes that good stockmanship is more important than the system in which animals are kept when it comes to meeting their welfare needs. In addition, it is difficult to be clear about what constitutes a highly intensive farming system, because the term is not defined.

The Department for Environment, Food and Rural Affairs already conducts internal and external research into farm animal welfare, and is supported by a range of evidence committees, such as the Animal Welfare Committee. Although new clause 14 does not state what is meant by “promote” and is ambiguous on what would fulfil that requirement, I reassure Members that DEFRA already promotes animal welfare research in a number of ways. However, we do not wish to be restricted to focusing only on intensive farming systems, however defined. DEFRA publishes details of current research and development online, as well as the final reports from internal and external research projects.

I hope that I have demonstrated that the Government share the public’s high regard for animal welfare, and recognise the need for animal welfare policy development and implementation to be very well founded in evidence. That will ensure that we remain at the global forefront of animal welfare policy. I therefore ask the hon. Member for Cambridge to withdraw the motion.

[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.

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[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.

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[Thangam Debbonaire]

We on the Labour Front Bench would say that the new clause makes a reasonable request. There are lots of ways in which we could try to deal with the problem of divergence and the tension between devolved and reserved matters and protecting regional interests, which we wish to do. There are various alternatives that the Minister could commit to. Having something from her on the record today, in Hansard, will be helpful.

Regardless of whether the new clause is agreed to, I am sure that all of us on the Opposition Benches will hold the Minister to her word; she is a woman of her word. If she makes a commitment on the record that there will be some form of report, we will put it in our diaries to follow that up. If the new clause falls, but she has made that commitment, we will be coming back to this point a month before the implementation period is over, at the beginning of December. I hope that, in that spirit, the Minister will consider making the commitment and therefore, when the time comes, the relevant statement can take place. It is completely reasonable that farmers across the whole of the regions and nations—not just Scotland, but the whole of the United Kingdom—can have that continuity and some certainty at least.

I may be wrong, but I am guessing that the Minister might be about to say that it is not necessary to add the new clause to the Bill. We have heard that before, and I understand the argument, but it would be good to have some recognition on the record that we can hold her to.

[Victoria Prentis]

In my experience, farmers would much prefer a cheque to a love letter. Maybe I have met the wrong ones. In that spirit, the only commitment I am going to make is the important one, which is a commitment to guarantee the current annual budget in every year of this Parliament, giving real certainty over funding for the coming years. That is worth a great deal more to farmers than a new clause that would merely require the Secretary of State to make a statement on agricultural funding for Scotland.

I reassure the hon. Member for Edinburgh North and Leith that in recognition of the perceived injustice felt by Scottish farmers over convergence funding, the Scottish Government will receive an extra £160 million over two years in 2019-20 and 2020-21. All Members will know that Her Majesty’s Treasury is ultimately responsible for financial matters across UK Government. Treasury colleagues lead on discussions on all funding matters with Finance Ministers in the devolved Administrations. DEFRA will continue to work closely with the Treasury and the devolved Administrations on funding arrangements, but the Government have committed to year-on-year funding, and I am afraid that is the best I can do.

[Deidre Brock]

I cannot say that I am not disappointed by the Minister’s response. Yes, the convergence funding was welcome, but that was after many years of tussling over it, as Members will be aware. In our view, that money was returned to us after it was wrongfully taken away by the UK Government. We are delighted we have it now, as are the many farmers and crofters who will benefit from it, after it not being with them for some years.

I do not doubt the Minister’s sincerity over this, but I want to hear that the funds made available will be at least equivalent to the cash. That includes such things as inflation, and I do not feel that her words are sufficient to provide that surety. Forgive me, Sir David, but—this is a commonly held view in this place—I do not have a great deal of faith in the Treasury and what it will decide in the future.

I thank the hon. Member for Bristol West for her kind words of support, because this important principle applies not solely to Scotland, but to all the devolved Administrations. She is right about that. That surety is vital for all our farmers and crofters, and even being able to put that into words in Committee would have been a helpful start. With that in mind, I will press the new clause to a vote.

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

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for agricultural workers, which would be responsible for setting a minimum basis for their living standards, pay, conditions of employment and terms of accommodation.

[Victoria Prentis]

It is a key priority of the Government to ensure not only a successful and effective agricultural sector, but one in which workers are treated fairly. In recent years there has been enormous change to wider employment legislation, which protects and benefits workers in all sectors of the economy. Given that the national minimum wage has started and the new national living wage has been introduced, we continue to believe that there is no justification to have a separate employment regime for agricultural workers.

The Gangmasters and Labour Abuse Authority, working with partner organisations, already investigates serious cases of labour market exploitation across the whole of England and Wales. We remain absolutely committed to monitoring the impacts of the Agriculture Bill across relevant sectors, including on workers. That will be achieved through a mixture of Government and third-party evaluation. We therefore believe that new clause 19 is unnecessary.

[Daniel Zeichner]

I have to say, I am very disappointed by that reply. It is complacent about what is going on in the countryside, and it does not address the very real issues that employers will face if we are unable to attract more people to the industry. It is to everybody’s benefit that agriculture becomes a higher-paid, higher-skilled industry. One of the ways we do that is by ensuring that people have proper rights and the confidence to look after not only themselves, but their colleagues.

I am also disappointed that we have not found any provision in the Bill to tackle the mental health crisis in the agricultural sector. People are working on their own or under pressure, and it is a real issue. We could have addressed it through new clause 19, and I can assure the Minister that we will come back to this in the future. I wish to push new clause 19 to a vote.

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

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[Daniel Zeichner]

Aha! As ever, I am grateful to the right hon. Gentleman. He has touched on a subject that is of some interest to me, as I chair the all-party parliamentary group for life sciences. I look forward to having a detailed conversation with him about CRISPR-Cas9 and other exciting techniques.

In answer to the right hon. Gentleman’s question, we are absolutely interested in looking at ways in which we can reduce pesticide use. As I indicated earlier, I am well aware that farmers do not use pesticides without due caution, or without bearing in mind the current safety regulations and the costs involved. Having said that, we believe there should be additional measures in this Bill. We fully accept that pesticides are needed in some situations, but other new technologies might be available, including drones and satellite images that have the potential to make the application of these chemicals much more targeted and less damaging. I am told that those techniques are already being used in other countries, but if we are not monitoring pesticides and their impact, there is no way that we will be able to encourage or assist farmers to adopt more selective and less damaging techniques.

All Members present have been repeatedly promised by Ministers that when we left Europe, we would bring in stronger human and environmental protections, or at least equivalence. The Labour party believes that that is an absolute minimum, we should monitor what impact pesticides are having; where that impact is concentrated; and whether children, mothers and babies have been affected, especially in rural communities where exposure is likely to be higher. This amendment does not ban anything. It does not stop any farmer who needs to use safe pesticides on their crops, or to use them to increase their yields, from doing so. It simply states that we are not averting our gaze, but keeping our eyes open to the known risks; that we look to reduce those risks; and that we will particularly protect women and children in rural communities. On that basis, I ask that the clause be read a Second time.

[Victoria Prentis]

I assure the hon. Gentleman that our eyes are very open when it comes to ensuring that the use of pesticides is minimised, and that pesticide usage and its effects are carefully monitored. Current policies address these points already. Strict regulation only allows pesticide use when scientific risk assessments predict that there will be no harm to people and no unacceptable effects on the environment. Existing monitoring schemes cover each of the points proposed in the amendment. They report on the level of usage of each pesticide and on residue levels in food. They also collect and consider reports about possible harm to people or the environment.

The Government support good work to research, develop and promote means to move away from pesticides, which I am sure is our collective aim. These include: plant breeding for pest-resistant varieties; the use of natural predators; the development of biopesticides; and the use of a variety of cultural methods to reduce pest pressures.

The Government intend to continue to develop and refine our approach to pesticides. The 25-year environment plan is where the hon. Gentleman will find most of these details. The plan emphasises the importance of integrated pest management. That means not only that pesticides are used well, but that the approach to farming minimises the need for pesticides and that alternative methods are used wherever possible. Where these practices are shown to help to deliver public goods, they may well be funded under the new environmental land management schemes. We will determine in more detail which ELMS will pay for what as we develop the schemes in the future.

The approach set out in the 25-year environment plan is the right one and we hope that it will minimise pesticide use, help to reduce risks and strongly encourage the uptake of alternatives to pesticides. Alongside the maintenance and development of effective monitoring, this approach will deliver the main outcomes sought by the hon. Gentleman’s amendment.

[Daniel Zeichner]

I listened closely to the Minister and there was much that I probably agree with. However, I would have predicted that we would return to the vexed question of which piece of legislation this proposal would sit in, and we believe that it would be inappropriate to have a piece of major agricultural legislation without reference to it. On that basis, I will push the new clause to a vote.

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

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[Daniel Zeichner]

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

Thank you, Sir David—[Interruption.] There is some confusion on this side; I apologise. I blame the late publication of the 109-page document.

[Victoria Prentis]

In fact, why don’t the Government just stop? [Laughter.]

[Daniel Zeichner]

Why does it take the Government so long—since 2018—to respond, and why do they finally respond on the day that we discuss this issue in Committee? We probably all know the politics behind these things, but it is disappointing when it involves such an important subject, discussion of which has been so eagerly awaited by so many people, because it is a highly controversial subject. The science involved is complicated.

In the spirit of sharing the responsibilities across the shadow team, I will pass over to my hon. Friend the Member for Nottingham East in a moment—I hope that she will be called to speak. However, the Labour Front Bench welcomes the Government’s belated response. We also find some things in the response helpful, and we think the Government are changing direction, but not quickly enough. We will make a more considered and detailed response when we have had time to consider it in detail, but our belief is that far too many badgers have been unnecessarily killed. The science is not clear and there is plenty of evidence to suggest that there is as much transmission from cattle to cattle. It is not a simple issue. We fully recognise the huge damage, economic cost and distress that bovine TB causes in many areas. As I say, we welcome the direction of travel, but we believe that it should be much swifter.

--- Later in debate ---

[Nadia Whittome]

I thank the right hon. Gentleman for that intervention, but the state of the science does not prevent the new clause from being made. New clause 21 provides the Government with an opportunity, on the day that they released their long-awaited response to the Godfray review, to urgently put an end to the inhumane and ineffective badger cull, rather than allowing it to continue for another five years.

[Victoria Prentis]

Bovine TB is one of our most difficult animal health challenges. It costs the Government about £100 million a year and industry around £50 million a year. Tackling it is important. It imposes a tremendous pressure on the wellbeing of our cattle farmers and their families. Many Committee members, including me, represent constituencies that are exposed to the misery of bovine TB on a daily basis. Left unchecked, bovine TB also poses a threat to public health although that is, to a large extent, mitigated today by milk pasteurisation. My grandfather died of tuberculosis, so I have always taken a close personal interest in the subject. It is a peculiar and complicated disease that it is important for us to take seriously.

No single measure will achieve eradication by our target date of 2038, which is why we are committed to pursuing a wide range of interventions, including culling and vaccination, to deal with the risk from wildlife. Of course culling is a controversial policy, but we have scientific evidence to show that, to a certain extent, it is working. The new review is clear that the evidence indicates that the presence of infected badgers poses a threat to local cattle herds. The review considers that moving from lethal to non-lethal control of disease in badgers is desirable. Of course, we would all go along with that. We have reached a point where intensive culling will soon have been enabled in most of the areas where it has served the greatest impact. As announced in the Government response today, we will be able to develop measures to make badger vaccination, combined with biosecurity, the focus of addressing risks from wildlife as an exit strategy from intensive culling. Our aim is to allow future badger culls only where the epidemiological evidence points to a reservoir of disease in badgers.

Nobody wants to cull badgers inappropriately, but nor can we allow our farmers, their families and our wider dairy and beef industries to continue to suffer the misery and costs caused by the disease. That is why it is right that we take strong and decisive action to tackle the problem effectively, while always looking to evolve towards non-lethal options in future. I therefore do not think the new clause is appropriate.

[Daniel Zeichner]

I listened closely to the Minister’s comments. I suspect we will come back to this issue. We have been discussing it for the past 10 or 20 years. I fully appreciate what a serious issue it is and how it directly affects both her family and many others. However, at the general election we stood on a clear pledge to end the badger cull. We stand by that and the new clause would put it into law. The direction of travel of the Godfray report today reflects that the Government, on the basis of scientific evidence, are beginning to move in that direction. I suspect it is still partly about costs, because culling is more expensive. The vaccination question that the right hon. Member for Scarborough and Whitby mentioned is important, but it is important that we follow the science as it develops. We want to eradicate and defend and protect. The issue is of considerable public interest, so I will press the new clause to a Division.

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

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[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?

[Victoria Prentis]

I am reminded that the Government Whip and I both read English at university, and “A Modest Proposal” can mean something quite different. However, I thank the hon. Lady for her new clause seeking to establish an agriculture co-ordination council. I accept that she is asking me generally to explain our plans.

The UK Government have been collaborating closely with all devolved Administrations on a UK-wide framework for agricultural support based on Joint Ministerial Committee principles over the past two and a half years. The framework is planned to cover policy areas such as agricultural support spending, crisis measures, public intervention, private storage aid, marketing standards, cross-border farms and data collection and sharing.

--- Later in debate ---

[Daniel Zeichner]

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

We believe it important that the Bill properly supports co-operative models of farming, as they contribute greatly to a fairer and more resilient agricultural sector. By working together, farmers can benefit from mutual protection, access to new markets, cost savings and efficiency, and a louder collective voice for the industry, all of which will be particularly important in the light of the uncertainty caused by our withdrawal from the European Union.

As our countryside is likely to become increasingly commercialised with, I fear, bigger farms and possibly bigger profits, co-operative approaches also provide a counterbalance to the growing consolidation of ownership of farms and food manufacturing in the hands of a few big agribusinesses or international conglomerates. Many players in our agricultural sector already belong to co-operatives. They may not be as strong as in other countries, but more than 140,000 British farmers are members and co-owners of more than 400 agriculture and farmer co-operatives that work across many levels in the supply chain, from milk marketing and processing to arable crop storage, produce marketing and retail supplies.

The Bill is missing clear provisions to make it easier for current and new co-operatives to succeed in farming by providing practical support, funding and protection from the inadvertent impact of future legislation or regulation. The new clause would therefore lock into the Bill a requirement for the Secretary of State to promote agriculture co-operatives by offering financial assistance for their creation and development and to establish bodies to provide practical support and guidance for their development. That support could come in the form of grant or loan funding and through the creation of organisations similar to the Scottish Agricultural Organisation Society, which I understand provides practical support such as advice, networking, shared services and linking agriculture co-operatives to potential opportunities.

The clause would also guarantee that the impact of proposed legislation on agriculture co-operatives is considered. That would ensure that future legislation does not inadvertently make it harder to be a co-operative than any other form of business. That is particularly important in the short to medium term, as much of the detail of the post-Brexit settlement for farmers will come in secondary legislation, to which I am sure we are all hugely looking forward.

The Bill is short on detail, and it is important that any undue impact on co-operatives is mitigated against as the detail is fleshed out. That would also help to future-proof the sector against inadvertent undue harm as policy develops over the long term. We hope that the Government will recognise the contribution of co-operatives and the merits of our proposals. It is important that we properly safeguard that sector within farming and that co-operatives are properly supported and encouraged.

[Victoria Prentis]

I absolutely agree that farmers can benefit in many ways by co-operating and working together. Co-operation provides opportunities to cut costs and achieve economies of scale, whether through purchasing resources or processing and marketing produce. Co-operatives can gain control and hold a stronger position in the supply chain than people who work alone. By working together, farmers can share knowledge and best practice and support each other to improve productivity and spread innovation.

Clause 1(2) already allows us to provide financial assistance to help farmers to improve productivity. We would like to be able to help farmers to invest in equipment and infrastructure that will help them to benefit from working together. Furthermore, there are provisions elsewhere in the Bill that allow us to create a bespoke UK producer organisations regime, which we will tailor to the needs of UK producers who are interested in collaborating further together.

I hope that that provides some reassurance that we are already supporting, and will continue to support, farmers who want to come together to share knowledge, reduce costs, and strengthen their position in the supply chain.

[Daniel Zeichner]

I am grateful to the Minister, and I think I have had sufficient reassurance on that. On that basis, I am happy not to proceed and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 29

Carbon emissions: net-zero

29‘(1) When considering the provision of financial assistance under sections 1(1) and 1(2) of this Act, the Secretary of State shall ensure that the likely impact of that funding is compatible with the achievement of any emissions reduction target set out in subsection (2).

(2) It is the duty of the Secretary of State to—

(a) within six months of this Bill receiving Royal Assent, publish greenhouse gas emissions reduction targets for agricultural soil, livestock, peatland and machinery, for the year 2030, which are consistent with an emissions reduction trajectory that would eliminate the substantial majority of the UK’s total greenhouse gas emissions by 2030, and

(b) ensure that the targets are met.

(3) The Secretary of State must, within twelve months of this Bill receiving Royal Assent, publish a statement of the policies to be delivered in order to meet the emissions reduction targets published under subsection (2).

(4) In this section “soil”, “livestock”, “peatland” and “machinery” shall all relate to that used, owned, or operated in the process of farming or any other agricultural activity.”’—(Daniel Zeichner.)

This new clause would require the Secretary of State to publish greenhouse gas emissions reduction targets for the agricultural sector.

Brought up, and read the First time.

[Daniel Zeichner]

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

I think everyone will be pleased that we are getting towards the finishing straight, but, in the meantime, we believe that the Bill needs to have far stronger net zero commitments. As I have said, it is essential that the climate crisis should be front and centre of the Bill, which will be one of the most important pieces of legislation we have had in the past decade to help to meet the climate emergency. Yes, the Government have said that they are committed to reaching net zero by 2050, but the National Farmers Union has demonstrated much more ambitious leadership by setting a closer target—for the agriculture sector to reach net zero by 2040.

Sadly, we know that the Government are currently not on track to meet their carbon emission goals in the 2030s, let alone to reach net zero by 2050, and the 2040 target remains a voluntary one for the agriculture sector. The fact is that the Committee on Climate Change’s 2019 progress report has shown that UK agriculture is not on track with any of its indicators, and there has been little progress in reducing emissions from agriculture since 2008. As only 30% of direct payments are currently secured through meeting greening requirements—an improvement on the previous system, but still not good enough and way short of what is needed—we can see that a lack of financial incentives or legal requirements for farmers to adapt their practices to reduce emissions is part of the problem. That is why it is so important that the Bill should set out clear targets and a proper plan for how agriculture will be expected to reduce its emissions and by what date.

As things stand, all that the Bill does, effectively, is stipulate that the Secretary of State may—not even “must”, to go back to where we started—provide financial assistance under clause 1 for the purposes of climate change and adaptation, as well as other public goods that will have positive impacts on carbon storage, such as good soil management. We have no assurances about how much priority those clause 1 elements that could deliver reductions in greenhouse gas emissions will be given by the Government when funding the measures in the Bill. There are no guarantees that farmers will even take up the new environmental land management schemes in the first place to deliver those vital agricultural adaptations to reduce carbon emissions, and there is no plan for how agriculture is expected to meet any net zero target, be that by 2050, 2040 or earlier.

For the Government to say that they are truly committed to transforming our agricultural and land management systems in order to reduce emissions and avert climate catastrophe, the Bill needs to be much strengthened with a coherent, joined-up approach. That has been the purpose of many of our amendments, which we have discussed over the past few weeks. I think I am correct in saying that, sadly, they have been rejected in their entirety by the Government—so far: there is always hope, right to the end. [Laughter.] I do not think there is—but anyway.

The Bill needs binding emission targets for all the key areas of agricultural emissions—soil, livestock, peatland and machinery—for a given date, with clear direction from the Secretary of State on how it is intended to reach them. The NFU suggests 2040. We believe that the target should be in line with that, but that it has got to be even more ambitious if we are to properly address the climate emergency. We propose setting targets that are in line with eliminating the substantial majority of the UK’s total greenhouse gas emissions by 2030.

We heard of the need for proper targets in the Bill from numerous witnesses in the evidence sessions. That would be the best way to give the legislation some teeth and proper direction and ensure that the Government’s proposed aims for the Bill of reducing agricultural carbon emissions are actually delivered to a timescale that will make those emission reductions effective for averting the climate catastrophe. The urgency of the climate crisis is too real and too important for any less than that.

New clause 29 would align agriculture with the emissions reduction trajectory that would eliminate the substantial majority of the UK’s total greenhouse gas emissions by 2030. It would require the Secretary of State, within six months of the Bill receiving Royal Assent, to publish emission reductions targets for agricultural soil, livestock, peatland and machinery for the year 2030 that are consistent with this aim, to publish a statement within 12 months of the Bill becoming an Act of the policies to be delivered in order to meet the emissions reduction targets, and to ensure those targets are met. The new clause would also ensure that, in providing financial assistance for the clause 1 purposes, the impact of that funding is compatible with the achievement of the target of reducing the substantial majority of the UK’s greenhouse gas emissions by 2030.

There can be no more important point on which to conclude our deliberations today. It is a simple test for the Government: are they up to tackling the climate crisis or not? I fear we are about to hear a lot of noes.

[Victoria Prentis]

Yes, the Government are up to dealing with the climate crisis and are determined to do so, and yes, we agree with the hon. Gentleman that there is no more important thing that we should be doing as a Government.

I am really proud that the UK became the first major economy in the world to set a legally binding target to achieve net zero greenhouse gas emissions from across the UK economy by 2050. We already have a strong foundation of action and leadership to build from, having cut our emissions by 42% since 1990 while growing the economy by 72%. That does not mean that we are complacent or that we do not recognise that there is a great deal more to do, urgently.

[Kerry McCarthy]

Will the Minister give way?

[Victoria Prentis]

I am going to make some progress.

Climate change is a global challenge, requiring action across the whole economy. We do not have sector-specific targets. That is to ensure that we meet our climate change commitments at the lowest possible net cost to UK taxpayers, consumers and businesses, while maximising the social and economic benefits to the UK of the transition.

We have set out a range of specific commitments, in the 25-year environment plan and under the clean growth strategy, to reduce emissions from agriculture. That includes strengthening biosecurity and control of endemic diseases in livestock, and encouraging use of low-emission fertilisers. However, we know that, to achieve net zero, more is needed from the sector. We are looking to reduce agricultural emissions controlled directly within the farm boundary with a broad range of cost-effective measures, primarily through improvements to on-farm efficiency and land use change.

The new ELM scheme will help us to contribute to our net zero commitment by providing farmers with an opportunity to receive financial reward for delivering a range of public goods. We already report on climate change performance under the Climate Change Act 2008 and the convention on biological diversity. Additional reporting as required by the new clause would place an unnecessary burden on the Government without delivering significant new information to Parliament.

--- Later in debate ---

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Victoria Prentis]

On a point of order, Sir David. I understand that now is the right point to thank you very much for your chairmanship. I also thank the other Chair who has helped us with the proceedings, all the Clerks and the civil servants, who have helped us enormously with the production and the taking through of the Bill. I very much thank the Committee members and the Government and Opposition Whips, who have steered the Bill so seamlessly and with a certain amount of agreement and jollity around the edges.

[Daniel Zeichner]

On a point of order, Sir David. I expect that I will say something remarkably similar. I particularly thank you and Mr Stringer for your excellent chairmanship. I thank the Whips for making the Committee run so smoothly and efficiently. As we approach International Women’s Day, I look around the room and notice that all my team appear to be women, and there appears to a majority of women on the Government side, too. I think that reflects an important step forward in this place. I suspect that this has been a more gentle and consensual discussion than one might have had otherwise, although I have been chided from my own side for being insufficiently dressed on occasion.

I thank the Clerks, who have been extraordinarily helpful in translating not always clear instructions into workable amendments. I thank all the staff working across the shadow teams; it has been a particularly difficult time. I particularly thank the adviser Rob Wakely and my assistant Rafaelle Robin. We probably expected far too much from them in a short period of time, and I am eternally grateful. All the mistakes are my responsibility.