Genetic Technology (Precision Breeding) Bill (Eighth sitting)

Debate between Victoria Prentis and Deidre Brock

Committee stage
Thursday 7th July 2022 Public Bill Committees

[Deidre Brock (Edinburgh North and Leith) (SNP)]

This will be a short contribution. The hon. Gentleman referred to the Scottish and Welsh Governments’ views on the situation. He will be aware that clause 27 just talks about the Food Standards Agency and the Secretary of State, and does not cover Food Standards Scotland, Scottish Ministers or indeed Welsh Ministers. With that in mind, I hope he will look carefully at new clause 9 and my amendment 37, which is coming up, because they will neatly address the problems he referred to.

[Victoria Prentis]

I completely agree that it is vital that this Bill should grant the necessary power that will enable regulations to be made to allow the FSA to ensure trust in food, as I said earlier. In addition to a proportionate framework for the regulation of PBOs, it is important that consumer confidence is assured. We feel that a transparent public register for precision bred food and feed will do just that.

On the “may” and “must” point, I apologise; I thought we had been through this so many times that the hon. Member for Cambridge would not want me to say it again. It is rather like the conversations we can have with members of our families, when they say, “Please be quiet. You’ve told us that 3,000 times already!” Perhaps that is only me.

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[Deidre Brock]

I want to ask the Minister about something that the hon. Member for Bury St Edmunds (Jo Churchill) said the other day on the meaning of a relevant breach. I do not expect the Minister to be able to provide me with an answer straight away, but I would be grateful if she could write to the Committee or give us further information on that matter. The previous Minister reassured us that precision bred organisms may not contain exogenous DNA, so the question was: would the release of an organism that still contains exogenous DNA, or any kind of DNA, constitute a relevant breach? If we could get an understanding of that at some stage, I would appreciate it.

[Victoria Prentis]

As I am not absolutely certain about that conversation the other day, with your leave, Mr Stringer, we will write to the hon. Lady on this occasion.

Question put and agreed to.

Clause 31 accordingly ordered to stand part of the Bill.

Clauses 32 to 38 ordered to stand part of the Bill.

Clause 39

Fees

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

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[Deidre Brock]

That is exactly why the Scottish Government intend to wait for the outcome of the consultation, and why we would like to see the UK Government doing similarly. I would point to the New Zealand Government, who undertook a really extensive consultation with stakeholders, consumers and citizens generally. Ultimately, they chose to continue to include gene edited organisms within their definitions of genetically modified organisms. The outcomes are by no means guaranteed, and I think the precautionary principle should be applied here as well.

New clause 9 would amend the United Kingdom Internal Market Act to ensure that the Scottish Parliament’s authority to legislate in the marketing of precision bred organisms is upheld. Similarly, amendment 37 would prevent the operative parts of the Bill coming into force until a common framework agreement on precision breeding has been agreed between the UK Government and the Scottish and Welsh Governments.

I would be really grateful if the Minister—I appreciate that she is very new to her post—could offer an explanation for why common framework procedures prior to the Bill’s introduction were not followed before it was introduced. As the Minister will know, the Scottish and Welsh Governments repeatedly requested sight of the draft Bill, but it was introduced to Parliament before that happened. That is simply not the action of a Government who respect devolved Governments, and I would be grateful if the Minister also provided an explanation for that.

[Victoria Prentis]

On amendment 37, the regulation of GMOs is, as we have heard, a devolved matter. We have invited the Scottish Government and the Welsh Government to join us in bringing forward the Bill. If they took up our offer, it would provide confidence to investors who are looking to support Scottish and Welsh research into precision breeding.

A common framework covering GMO marketing and cultivation was within scope of the common frameworks programme, but all four Administrations agreed that a common framework was not required because the administration and co-ordination of this policy area was provided for through existing inter-governmental arrangements under the GMO concordat. If the DAs were in agreement, we would be willing to revisit that analysis and look again at whether the GMO concordat and the intergovernmental arrangements for which it provides are sufficient for intergovernmental working, and, where relevant, to manage divergence in the regulation of genetic technologies. I would be delighted to take that work further if it is of interest to the DAs.

In addition to engagement between DEFRA and DA genetic technology officials, it is worth noting that precision breeding policy interacts with four of the provisional common frameworks. Engagement among respective officials is also ongoing through the relevant framework fora in those four areas.

As the Committee heard from Professor Bruce Whitelaw of the Roslin Institute, and as has been presented to the Welsh Government and the Scottish Government by the National Farmers Union—I have read the evidence it gave—the provisions in the Bill apply substantively to England, but they have the potential to bring benefits across the UK.

We have introduced the Bill to ensure that we keep up to date with the latest science, and to remove the limitations placed on us by outdated regulation that has not kept pace with scientific development. Amendment 37 would put us at further risk of falling behind other countries, which the NFU was concerned about in the evidence sessions. We will continue to engage with the DAs to address the concerns that they have raised, but I encourage the hon. Lady to embrace the opportunity that the Bill presents to unlock the benefits of scientific research and development and ensure that the UK continues to invest in innovation in the agri-food industry and reap the wider potential benefits from it.

New clause 9 would exclude legislation passed by the Scottish Parliament relating to the marketing of precision bred organisms, and regulations made by the Scottish Government under that legislation, in scope of the UK Internet Market Act 2020 market access principles. There is an established process for considering exclusions to the application of the UKIM market access principles in the common framework areas. That process has been agreed by the UK Government, the Scottish Government, the Welsh Government and the Northern Ireland Executive. The UK Government are fully committed to common frameworks and to taking forward discussions with the Governments of Scotland, Wales and Northern Ireland on the interaction between the proposals in the Bill and UKIM.

As we heard from Dr Ferrier of the NFU, it will be at least five years before products come on to the markets for farmers and growers. We hope that consumers across the whole of the UK will be able to benefit from the research into precision bred plants and animals that the Bill will enable. We therefore urge the hon. Lady to withdraw the amendment so as not to pre-empt the outcome of those discussions.

[Deidre Brock]

It is kind of the UK Government to want to bring benefit to all of the devolved nations of the UK—a very benevolent approach that I am sure everyone appreciates—but this area is devolved and we should have full control over it.

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[Deidre Brock]

I am actually very interested in rural interests, as the hon. Gentleman knows, and I am very concerned about the impact on trade with the EU, which is the UK’s largest trading partner, and the impact, potentially, on farmers. The Minister mentioned that it will be five years before commercial benefits can be felt—at least; we were hearing anywhere up to 11 years —so why the rush? Why push this through when we potentially could really impact our trade with Europe?

I do not wish to sound rude about it at all, because I respect the Minister hugely, and particularly the way she has stepped up this afternoon—excellent effort. Given that it sounds as if there is likely to be some movement in discussions on the GMO concordat, perhaps I could arrange a meeting with her, before Report, to discuss that further and get a clearer understanding of what is entailed within those discussions. I would appreciate that very much.

[Victoria Prentis]

indicated assent.

[Deidre Brock]

The Minister is nodding her head, so I assume that is acceptable. Given that, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 48 ordered to stand part of the Bill.

New Clause 1

Labelling

“(1) A person must not—

(a) market a precision bred organism, or

(b) place food and feed produced from precision bred organisms on the market

unless labelled in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section must ensure that the labelling referred to in subsection (1) provides sufficient information to support informed consumer choice, having regard in particular to—

(a) nutritional content,

(b) the potential presence of allergens or other substances which may cause adverse human health impacts, and

(c) the environmental impact of the product.

(3) Before making regulations under this section, the Secretary of State must—

(a) consult representatives of—

(i) consumers,

(ii) food producers,

(iii) suppliers,

(iv) retailers,

(v) growers and farmers,

(vi) the organic sector,

(vii) other persons likely to be affected by the regulations, and

(viii) any other persons the Secretary of State considers appropriate; and

(b) seek the advice of the Food Standards Agency on the information to be required to be provided on labelling.

(4) Section 30 (Interpretation of Part 3) has effect for the purposes of this section as it has effect for the purposes of Part 3.” —(Daniel Zeichner.)

This new clause would require the Secretary of State to make regulations about the labelling of precision bred organisms and food and feed products made from them.

Brought up, and read the First time.

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[Deidre Brock]

Very clear.

[Victoria Prentis]

The 2022 Act received Royal Assent in April, and work is now under way to establish the Animal Sentience Committee by the end of this year. Applications to the committee have now closed and we are proceeding with the next steps. We very much hope to have the committee up and running by the end of this year. Given that, as the hon. Gentleman said, it will be some years before precision bred animals are anticipated to be released or brought to market, delaying the provisions for 12 months from the date on which the Animal Sentience Committee is established is unnecessary. We fully expect the committee to be established much more than 12 months prior to the first precision bred animals being released or brought to market.

The Government were clear during the passage of the sentience legislation that we would not dictate the Animal Sentience Committee’s work plan. It will be for the committee, once established, to decide which policy decisions it wants to scrutinise, and its expert members will be best placed to know where they can add value to the animal welfare debate. It would be contrary to that important principle if this Bill was used to mandate the committee to produce a report before the provisions in the Bill can be commenced. I therefore urge the hon. Member to withdraw his new clause.

Oral Answers to Questions

Debate between Victoria Prentis and Deidre Brock

Thursday 27th January 2022 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The Scottish Government—rather sensibly, I think—are awaiting the outcome of the EU review of genome-edited and genetically modified organism products, but the UK Government are pushing rapidly to introduce the production of genetically engineered crops and foodstuffs in England. Through the back-door route in the United Kingdom Internal Market Act 2020, they will enter the rest of the UK even if devolved Governments continue to prohibit them. Will any GE or GMO foods introduced in England be labelled as such so that consumers throughout the UK can make informed decisions about the food that they put in their mouth?

[Victoria Prentis]

As I said, we are undertaking a comprehensive review of labelling; one issue that will be considered is whether a product is produced by GE, which probably will not happen for several years. The hon. Lady will know, although she opposes it, that we have made steps towards bringing in some GE pilots, which I think are going well. I look forward to working with hon. Members across the House on how to label such substances in future.

Oral Answers to Questions

Debate between Victoria Prentis and Deidre Brock

Thursday 22nd July 2021 Commons Chamber

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

The agricultural transition plan sets out how support for farmers is changing. Instead of paying farmers subsidies based on the amount of land they own, we are introducing new schemes to incentivise good ecological practices. We will also offer grants to support new entrants to the sector, and to improve productivity and business planning.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The UK Government yesterday indicated that they were willing to break their own trade deal with the EU because of consequences that they told us would not happen. The EU may then very well implement tariffs on UK exports to the EU, as it has a right to do under the Tory-negotiated deal. That would be calamitous for our agricultural sector. The Minister will no doubt answer with reference to all the new deals that the International Trade Secretary is signing the UK up to, but just days ago the New Zealand Prime Minister warned that failing to keep to treaty commitments could threaten membership of the comprehensive and progressive agreement for trans-Pacific partnership. Will the Minister commit to covering the extra costs to farmers that this whole sorry mess is causing, or are the consequences of this ideological Brexit crusade to be borne by everyone but the UK Government and their Ministers?

[Victoria Prentis]

I do not think it is any secret to the House that I was no Brexiteer, but I must say that for farming and fishing I think we have really gained from Brexit. In England, we do not think the environment can wait. We want to start paying our farmers public money for public goods; that is how they will be supported in the future.

Oral Answers to Questions

Debate between Victoria Prentis and Deidre Brock

Thursday 17th June 2021 Commons Chamber

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

Thank you, Mr Speaker; we will manage.

Our manifesto was clear that we want people at home and abroad to be lining up to buy British. We are lucky to have, as my hon. Friend referenced, a fantastic network of manufacturing businesses, most of which are small and medium-sized enterprises, so we are very alive to the needs of those businesses and the difficulty of excessive regulatory burdens. I am quite sure that we will debate the new obesity strategy fully, both in this House and outside. Some of the legislation can be made using powers in the Food Safety Act 1990, and other parts in the health and care Bill. We meet regularly with the sector and are keen to engage with it on a practical level as to how regulation will affect its businesses.

[Deidre Brock (Edinburgh North and Leith) (SNP) [V]]

Given that the Australian trade deal is predicted to save the average household an incredible £1.23 per year in the long term, while destroying agriculture and businesses and opening us up to similarly lowered standards and bad deals with the US, Argentina, Brazil and so on, perhaps the Government are counting on that extra disposable income making up for an uncompetitive sector. What protections are intended to be put in place to make sure that our farmers are not undercut by cheap imports?

[Victoria Prentis]

One thing that I have just said in reference to this question is that we are very keen to promote the buying of British produce. We have a plan to promote domestic products, and we are further strengthening export support. On the other part of the hon. Lady’s question, we will have a chapter in the new Australia deal to deal with the protection of animal welfare standards. I encourage her to get engaged with the details as they emerge in the course of this year.

Agriculture Bill

Debate between Victoria Prentis and Deidre Brock

Consideration of Lords amendments
Wednesday 4th November 2020 Commons Chamber

[Victoria Prentis]

The whole purpose of the reporting mechanism is that it will not just be for Parliament, or indeed any of the devolved Administrations, to object to the report; it will be publicly available and, I suspect, widely scrutinised—we have all seen how interested the public are in these matters. In those circumstances, I am quite sure that we would find a way of discussing the matter in this place, so that the views of the Commons could be tested in the normal manner. Were that situation to arise, I have no doubt that the hon. Gentleman would find a way of making his views and those of his constituents clear.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Will the Minister give way?

[Victoria Prentis]

I will not, because many Members wish to speak and I have been asked to be as quick as possible.

We are putting the Trade and Agriculture Commission on a statutory footing. The House asked for scrutiny of trade deals, and I am pleased to provide it. Parliament will have the reports from the Trade and Agriculture Commission, and it will have time to study the texts and specialist Committees in both Houses to examine them in more detail. It will be the lawful duty of Ministers to present both Houses, and indeed the devolved Administrations, with the evidence they need to scrutinise future trade agreements.

I believe that the Government amendment provides a comprehensive solution that really gets to the heart of this important issue. I therefore urge the House to reject Lords amendments 16B and 18B and to accept the Government’s amendment in lieu.

Protection of UK Food Standards

Debate between Victoria Prentis and Deidre Brock

Wednesday 24th June 2020 Commons Chamber

[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.

Agriculture Bill (Twelfth sitting)

Debate between Victoria Prentis and Deidre Brock

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

[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.

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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.

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[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.

Agriculture Bill (Eleventh sitting)

Debate between Victoria Prentis and Deidre Brock

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.

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[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.

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[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.

Agriculture Bill (Tenth sitting)

Debate between Victoria Prentis and Deidre Brock

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

[Victoria Prentis]

I appreciate the hon. Lady’s clear desire to ensure that any statutory codes are fit for purpose, and we are equally committed to ensuring just that. We want to see consistent protection against unfair trading practices for farmers wherever they are in the United Kingdom. We continue to consult widely and meaningfully with everyone who will be affected by our new codes of conduct, including the devolved Administrations and producers in those territories. Their views will be listened to and respected.

Amendment 19 is designed to require the consent of Scottish Ministers in respect of the regulations, thereby potentially preventing the UK Parliament from developing codes of conduct that would apply across the UK. We do not think it appropriate, nor is it in line with the devolution settlement. The objective of clause 27 is to promote fair contractual dealing and to prevent the abuse of a dominant market position. The Department for Environment, Food and Rural Affairs sought a view from the Competition and Markets Authority on whether that is a devolved matter. The CMA’s view is that the purpose of promoting fair contractual dealing is definitely related to the regulation of competition. Competition is a matter reserved to the UK Parliament. As such, clause 27 is reserved and we should not be seeking legislative consent to exercise powers that are reserved to the UK Parliament. Amendment 20 deals with the obligation for broader consultation, and we are committed to using those powers in the most effective and least burdensome way possible.

We fully acknowledge that it is crucial for any new codes to be the product of a deep partnership between Government and industry. Thorough consultations will be conducted prior to the design and introduction of the new statutory codes. However, placing a requirement to consult in primary legislation would be burdensome, especially for regulations that make only minor and technical changes. I therefore ask the hon. Lady to consider withdrawing the amendment.

[Deidre Brock]

I thank the Minister for her response, but I am afraid that we will have to agree to disagree. It is very much the SNP’s view that these competencies rest with Scottish Ministers. Where common frameworks are to be decided on, they should be agreed, not imposed. That lies at the heart of what we are talking about. I appreciate the Minister’s honesty on this issue, but I will ask for the amendments to be pushed to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Deidre Brock]

I beg to move amendment 29, in clause 30, page 26, line 29, at end insert—

“(2A) Regulations under section 28 or 29 containing provision that extends to Scotland may be made only with the consent of the Scottish Ministers.”

This amendment would ensure that regulations under section 28 or 29 containing provision that extend to Scotland may be made only with the consent of Scottish Ministers.

This amendment would ensure that the Scottish Administration is involved in decisions on devolved areas, which seems sensible—I would be interested to hear support from Labour in certain regards. The Minister would surely approve of the amendment, given how much Ministers have worked with Scottish Ministers on the Bill so far, so I look forward to seeing her support for the amendment.

[Victoria Prentis]

The amendment seeks to give Scottish Ministers discretion in respect of the regulations, potentially preventing the UK Parliament from creating a UK-wide producer organisation scheme. As I noted previously, the act of granting producer organisation recognition relates directly to competition law, which is reserved to the UK Parliament. We absolutely look forward to working collaboratively with our colleagues from the devolved Administrations when designing the new UK-wide domestic scheme, but given the circumstances outlined, I ask the hon. Lady to withdraw the amendment.

[Deidre Brock]

The amendment gets to the heart of the issue. This is designed to be a common framework. As many will recall from when we heard evidence, and from the previous Agriculture Bill Committee as well, where common frameworks were to be agreed across the UK, all the NFUs were in favour of decisions being agreed, not imposed. I see this as part of that outlook, which is not one that we are willing to support, so we will push this amendment to a vote.

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