Oral Answers to Questions

Debate between Victoria Prentis and Ruth Jones

Thursday 19th October 2023 Commons Chamber

[Ruth Jones (Newport West) (Lab)]

9. What steps she is taking to increase prosecution rates for cases relating to violence against women and girls.

[The Attorney General]

We are committed to tackling violence against women and girls, and have introduced new specific offences to target those crimes. We are steadily increasing the number of rape prosecutions. We are working on new ways to recognise the relationship between rape, domestic abuse and stalking. Close working across the system is the key to effective prosecution.

[The Attorney General]

I thank the hon. Gentleman for raising that important issue, and I reassure him that the Government are absolutely committed to helping stalking victims to bring their cases to prosecution. The Lord Chancellor has made that something of a mission during his time in the House; I remember my many years with him on the Justice Committee when he talked of little else. We are working in the CPS on new ways of ensuring that the complicated relationship between rape, domestic abuse and stalking is properly considered across the system.

[Ruth Jones]

Prosecution rates for violence against women and girls remain low, and that simply is not good enough. Next month, we will mark White Ribbon Day, when men show their commitment to ending violence against women and girls. What discussions has the Attorney General had with colleagues across Government about White Ribbon Day, and what more can be done to increase prosecution rates and eradicate violence against women and girls once and for all?

[The Attorney General]

A great deal of work is going on across Government to tackle violence against women and girls, and I am pleased to tell the hon. Lady that a great deal of really good work is happening in her area in Wales. When I visited the Cardiff office earlier this summer we had some very productive discussions about the implementation of the new CPS charging model. I encourage her to meet Jenny Hopkins, who is the chief Crown prosecutor for her specific area, to hear more about how that hard work has brought some really positive results.

DRAFT PESTICIDES (AMENDMENT) (EU EXIT) REGULATIONS 2020 DRAFT PERSISTENT ORGANIC POLLUTANTS (AMENDMENT) (EU EXIT) REGULATIONS 2020

Debate between Victoria Prentis and Ruth Jones

Monday 9th November 2020 General Committees

[Ruth Jones (Newport West) (Lab)]

It is good to have you in the Chair, Mr McCabe, and it is a pleasure to speak for Her Majesty’s official Opposition this afternoon. It is good also to see the Minister in her place; I think that this is the first time I have faced her since my appointment to this role—

[Victoria Prentis]

Sorry.

[Ruth Jones]

No, it’s okay. And it is a pleasure to do so, of course.

With another week, however, come another two statutory instruments from this Government. Minsters have dithered and delayed, essentially since July 2016. As we now approach the end of the transition period, we are forced to rush through important safeguards and protections, and vital standards and basic legislation, to ensure that any disruption on 1 January 2021 and beyond is mitigated as best as possible.

It is simply not good enough, and I urge the Minister to think about how this looks, not necessarily just to Opposition Members, but to the people of the United Kingdom, who want and expect legislation considered in this House to be given the necessary time to be scrutinised, evaluated and amended where and when necessary. Although we will not seek to divide the Committee, I remind the Minister that we will hold the Government to account.

We are here to discuss two statutory instruments. I will deal with them separately, but in one speech. The draft Pesticides (Amendment) (EU Exit) Regulations 2020 will make a number of amendments to earlier EU exit SIs that convert EU legislation into British law, to reflect EU law ceasing to apply and retained EU law coming into force at the end of the implementation period, thereby ensuring that the national regime will operate effectively. It also makes amendments as a result of the Northern Ireland protocol, under which the EU regimes will continue to apply. We understand that legislative changes are therefore required to remove Northern Ireland from retained EU legislation so that the new regime will apply in Great Britain only, rather than UK-wide. For the studious among us, paragraph 2 of the explanatory memorandum outlines in further detail the reasons for the draft regulations, which the Minister has outlined this afternoon.

Many in the Opposition will find it interesting and not a little puzzling that Ministers have not sought to consolidate all the relevant changes into a single instrument, as with the Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020, which were recently debated in the other place. It would be helpful if the Minister explained in as much detail as possible why a consistent approach has not been taken. The House is at risk of being swamped with delegated legislation, and the Government have a duty to ensure that appropriate scrutiny is carried out. Colleagues in the Opposition and, I know, in the other place are increasingly concerned at the risk of our having two sorts of environmental regulation—some that are tidied up, accessible and coherent, and others that are tangled like a bowl of spaghetti, unintelligible to normal human beings and capable of being understood only by specialist lawyers. That is simply not good enough. I urge the Minister to take that on board as constructive criticism.

People deserve good government, and good government needs good legislation, not rushed-through SIs that are inaccessible to the overwhelming majority of people out in the real world. Paragraph 7.9 of the explanatory memorandum sets out the United Kingdom’s national strategy on control programmes and how sampling will run alongside the 2020-to-2022 period that our friends in the EU use. I would be grateful if the Minister outlined when Her Majesty’s Government will begin planning beyond 2022. When will Ministers engage with stakeholders, and in what way? For Opposition Members, the most fascinating point about the draft regulations is whether Conservative Ministers may choose to continue to align on this issue with our friends, neighbours and allies in Europe even after the period up to 2022 concludes.

This is important stuff and we need to get it right. Many stakeholders out in the community are following our business and want to make sure we do. I pay tribute to Greener UK and all the associated groups that are working to ensure that we are prepared for the end of the transition period. Like many of those groups, the Opposition are concerned that there is no longer a requirement for detailed criteria on the uniform application of conditions on by-products to

“ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources.”

Can the Minister confirm that the pesticides and persistent organic pollutants regimes will not be weaker from an environmental perspective post Brexit? What precise steps are the Government taking to ensure that?

A provision that has already been passed means that Great Britain will allow substances to continue to be approved for three years longer than the EU. I would be grateful for some reassurance that that provision has been fully appraised and explored. This is part of the whole transition process, so can the Minister explain what risks there might be of substances continuing to be approved for three years longer than they normally would? How will the Government assess those risks and what measures will they take to handle them?

The draft Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 will create a new power to take measures to control and trace waste contaminated by persistent organic pollutants in relation to Great Britain. This is a recent requirement under EU law and, as we have heard, the measures have not yet been developed, either here or in Europe. We have been told that any legislative changes will be subject to the affirmative procedure and will have to be made by 31 October 2023. When the Department for Environment, Food and Rural Affairs was asked about that deadline by the Secondary Legislation Scrutiny Committee, it explained that it was thinking about timescales that are not determined by the EU. Rather worryingly for the Opposition, it went on to indicate that the powers to create the control and tracing system would be used “only if needed”. Can the Minister indicate the circumstances in which a control and tracing system would not be needed?

As ClientEarth has already pointed out to the Minister, the draft regulations omit a current requirement under European law that when it is decided whether a specific substance is a by-product rather than waste, detailed criteria on the application of conditions on by-products shall

“ensure a high level of protection of the environment and human health”.

When that was raised with the Department, it indicated to the Secondary Legislation Scrutiny Committee that further regulations would be needed next year, and that would be the appropriate place to set out any such conditions and to consider whether to make the exercise of the power subject to the condition that ClientEarth identified. Once again, we are worried about language, particularly the word “whether”. It implies that an existing provision in the EU safeguards might not continue, so will the Minister assure us that there will be no watering down of that provision in the regulations that come forward next year? It is an important point that deserves clarity.

On regulatory and advisory expertise, Opposition Members are concerned that oversight of standards on pesticides and persistent organic pollutants will be less effective post Brexit. For example, the role of the European Chemicals Agency has been replaced by the Environment Agency and it is not clear whether the Environment Agency has equivalent expertise in the field. Will the Minister confirm that the Environment Agency will provide at least the same level of expertise as the European Chemicals Agency? Will she confirm any plans for additional funding, including in the forthcoming spending review, for the Environment Agency to carry out the role?

As I said, we will not divide the Committee by opposing the regulations, but we will hold Ministers to account for their promises and their answers today and in the coming days and weeks. Our departure from the European Union will see major change for all the people in Wales, Northern Ireland, Scotland and England, and it will be a break-away from how things have been done for almost half a century. Of course, that means things will be challenging. We understand that, but there is no excuse for government by SI, or for the Government to pack the parliamentary calendar in such a way that they hope to shield themselves from scrutiny. I simply say to the Minister: be warned, we are watching.

Agriculture Bill (Twelfth sitting)

Debate between Victoria Prentis and Ruth Jones

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

[Ruth Jones (Newport West) (Lab)]

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

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

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

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

[Victoria Prentis]

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

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

[Ruth Jones]

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

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

--- Later in debate ---

[Victoria Prentis]

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

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

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

[Ruth Jones]

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

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

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

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

--- Later in debate ---

[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?

Agriculture Bill (Tenth sitting)

Debate between Victoria Prentis and Ruth Jones

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

[Ruth Jones]

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

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

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

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

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

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

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

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

[Victoria Prentis]

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

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

[Ruth Jones]

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

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

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

--- Later in debate ---

[Ruth Jones]

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

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

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

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

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

[Victoria Prentis]

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

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

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

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

[Ruth Jones]

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

Amendment, by leave, withdrawn.

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

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

(a) who are representative of—

(i) qualifying sellers of, or

(ii) business purchasers of,

the agricultural products to which the regulations will apply, or

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

Question put, That the amendment be made.

--- Later in debate ---

[Victoria Prentis]

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

[Ruth Jones]

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

Amendment 51 agreed to.

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

Clause 32

Identification and traceability of animals

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

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

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

This amendment is consequential on Amendment 89

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

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

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

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

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

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

“, and

(b) in Article 22 (compliance)—

(i) in paragraph 1 at the end insert—

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

(ii) in paragraph 2 at the end insert—

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

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

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

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

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

Clause 33

Red Meat levy: payments between levy bodies in Great Britain

--- Later in debate ---

[Victoria Prentis]

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

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34 ordered to stand part of the Bill.

Schedule 3

Agricultural tenancies

[Ruth Jones]

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

[Ruth Jones]

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

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

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

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

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

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

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

[Victoria Prentis]

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

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

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

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

[Ruth Jones]

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

Question put, That the amendment be made.

--- Later in debate ---

[Ruth Jones]

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

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

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

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

[Victoria Prentis]

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

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

--- Later in debate ---

[Victoria Prentis]

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

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

[Ruth Jones]

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

Amendment, by leave, withdrawn.

Schedule 3, as amended, agreed to.

Clause 35

Marketing standards

[Daniel Zeichner]

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

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

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

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

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

Agriculture Bill (Eighth sitting)

Debate between Victoria Prentis and Ruth Jones

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

[Victoria Prentis]

No.

Question put and agreed to.

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

Clause 3 ordered to stand part of the Bill.

Clause 4

Multi-annual financial assistance plans

[Ruth Jones]

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

“, and

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

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

--- Later in debate ---

[Ruth Jones]

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

[Victoria Prentis]

We’re glad too.

[Ruth Jones]

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

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

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Clause 5

Annual and other reports on amount of financial assistance given

--- Later in debate ---

[Victoria Prentis]

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

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

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

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

[Ruth Jones]

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

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

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

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

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

Agriculture Bill (Fifth sitting)

Debate between Victoria Prentis and Ruth Jones

Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 25th February 2020 Public Bill Committees

[Ruth Jones (Newport West) (Lab)]

I beg to move amendment 6, in clause 1, page 2, line 13, after “(d)” insert

“limiting greenhouse gas emissions from agriculture or horticulture or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere, or otherwise”.

This amendment explicitly provides for limiting and reducing greenhouse gas emissions to be one of the purposes for which financial assistance is given.

I am pleased to have the opportunity to move this amendment, which would make it explicit that the public goods for which farmers can receive financial assistance should be activities that reduce greenhouse gas emissions from agriculture. The Opposition believe that the current wording in clause 1(1)(d), which refers to

“managing land, water or livestock in a way that mitigates or adapts to climate change”,

is not strong enough. We must do more and go further. Mitigating is lessening the impact of something that is happening, not preventing it; adaptation is managing the impacts that we are already seeing. We think it is extremely important that the money that will go from direct payments into environmental support should explicitly target emissions reduction. The wording is important throughout the Bill, and not least in clause 1.

It is essential that climate change as a cause is front and centre of the Bill. It will be one of the most important measures introduced by the House in the coming decade to tackle the climate emergency genuinely and effectively. Through the support of the public goods, it will be a central mechanism by which we can reduce emissions from our land management and deliver the nature-based solutions to climate change that we know we need, such as peatland restoration and woodland creation.

Her Majesty’s Opposition believe that the Bill needs far more than one line on climate change, especially as we have established that the provision effectively states that the Secretary of State “may”—not even “must”—give financial assistance for the relevant climate mitigation or adaptation. There is no bite to that, and no certainty or urgency.

The Bill should set a target for agriculture to reach net zero carbon, and I have no doubt we will return to that later. The National Farmers Union is already committed to that. There is no reason not to have a sector-specific target for agriculture when we know how significant its contribution is to emissions and how much support the sector will need to reduce it.

The 2019 progress report by the Committee on Climate Change showed that agriculture in all parts of the United Kingdom is not on track to meet any of its indicators. There has been no progress in reducing emissions from agriculture since 2008. As only 30% of direct payments are currently secured through meeting greening requirements, we know that the lack of financial support for farmers to adapt their practices to focus on climate change has been a key part of that, which is why it is so important to get the financial provisions to support farmers right in the Bill.

A great deal of the Bill, as I am sure we will discuss in the coming weeks, places great trust in the hands of future Secretaries of State. That is particularly evident in relation to prioritising climate change. As the division of funding between the various clause 1 public goods is unknown, as has been alluded to already, we very much hope that clause 1(1)(d), in whatever form it goes forward, will have a greater focus on that funding.

The Committee on Climate Change’s progress report contained clear recommendations on agriculture and land use, and on the development of an effective post-CAP framework, and firm policies to reduce greenhouse gas emissions. There is ample room for consolidation in the Bill. I hope that the Government will accept the amendment. I say to the Minister that there is no harm in accepting an amendment that allows the Government to make their intentions for emissions reductions in agriculture more explicit with a slight but important wording change.

[Victoria Prentis]

I thank the hon. Lady for drawing attention to this important and pressing topic. We on the Government side are committed to leaving our environment in a better condition than we found it. That includes facing the challenges associated with climate change and with greenhouse gas emissions. That is why we legislated in June 2019 to introduce a net zero target to end the UK’s contribution to the most serious environmental challenge we face: climate change. We are the first major economy in the world to legislate for a carbon net zero target.

We have not made sector-specific targets, so I will not be accepting the hon. Lady’s amendment, although we are pleased with the ambitious target set by the National Farmers Union for its members. We are committed to continuing to work with the agricultural industry to tackle climate change together. One example is the £10 million of Government money given in May 2018 to help restore more than 10,000 football pitches’ worth of England’s iconic peatlands, which she referred to. This year we will establish a lowland agricultural peat task force that will build on the work already begun in this important area.

--- Later in debate ---

[Victoria Prentis]

The hon. Lady and I will discuss these issues over many years. I point out one important change made in the new version of the Bill relating to soil quality. It is really important that we recognise that soil is itself an essential natural asset and very important to the way we work to reduce carbon emissions.

I do not want to trespass on your time any further, Mr Stringer. I hope that I have shown that we already have the powers in the Bill—that was just one example—to cover the proposed content of the amendment, and I hope I have demonstrated the Government’s commitment to making good use of those powers. I therefore ask the hon. Member for Newport West to withdraw the amendment.

[Ruth Jones]

I thank the Minister for her considered thoughts on the matter. Labour Members are united on this. In terms of greenhouse gas emissions, this is crucial to how we move forward. We need to make sure that we give a clear message, and the Bill gives the perfect opportunity to send a clear message to the agricultural sector.

My hon. Friend the Member for Bristol East talked about the road map for other areas and how we do not have one for agriculture. We have all heard about the good farmers and how they will be necessarily working with agronomists, but in terms of assistance and guidance, the Bill could be key to ensuring that everybody works together and does what is necessary for the greater good, of not only of the UK but of the planet as a whole.

We heard about the peatlands. Although there is some debate about this, we know that it is crucial that we maintain our existing peatlands. We need to make sure that tree planting continues apace. We know that the Government are missing their target on that by at least 70%. We need to plant millions and millions of trees, not the odd thousand here or there. That is not good enough. This is what we need to work towards.

Land managers need guidance and support, and the Bill should show the way, blazing a trail. The Minister quite rightly alludes to the climate change emergency declared last year by her Government, but it is important to make sure that we carry on. We cannot just declare and stop; we need to say, “Declare and so what?”. We need to move forward.