Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020

(3 years, 10 months ago)

Lords Chamber
Read Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 112-VII Seventh marshalled list for Committee - (23 Jul 2020)
Lord Hain Portrait Lord Hain (Lab) [V]
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My Lords, I thank the noble Baroness for her comments, specifically those on Amendment 212, standing in my name and that of my noble friend Lord Wigley, which seeks to

“provide for repatriation of the levy collected in the United Kingdom supply chain to the devolved administration of origin.”

The agricultural processing sector in Wales, from whence I am speaking, is relatively small in comparison to the agricultural output of Welsh farms. The red meat sector is the predominant agricultural activity in Wales, and the processing facilities servicing this sector are strategically placed throughout the UK to maximise accessibility in a system that is heavily reliant on roads and HGV transportation for the movement of livestock.

With levy funding allocated according to place of cull rather than an animal’s point of origin, the centralised processing system disadvantages farmers in Wales. Furthermore, key products such as Welsh lamb and beef, which benefit from the protected geographical indication status—PGI—and derive a greater market share due to this status, are culled in other areas of the UK. It is these locations, not Wales, that receive the levy funds. This imbalance, driven by the streamlining and consolidation of the red meat processing and supply chain sector, is causing additional stress on a red meat sector already under significant financial strain in Wales. Levy Boards, with their increasingly important role in promoting the food products of Wales and working with the agricultural sector to improve efficiency and profitability through knowledge and best practice, should receive an equitable share of levy funds that allow them to work effectively in their respective areas of the UK.

As the UK seeks to negotiate new trade deals with other nations, it is the successful marketing and promotion of our flagship products in Wales, such Welsh lamb, 92% of which is currently exported to the European Union, that could deliver transformational change for farmers there. It would be unfortunate if these opportunities could not be delivered due to a poorly structured levy funding mechanism.

The issue of fair levy funding dispersal is also an important consideration when looking at the delivery of sustainable food production in the UK, a point referred to in passing by the noble Baroness, Lady Jones. A proportionately funded levy body could look beyond helping farmers and the supply chain with economic performance towards a focus on environmental and social considerations, especially sustainability.

Looking further ahead, we would all like to see a food supply chain based around local production, processing and consumption; that would provide potential benefits not only for the farmer but for the climate change mitigation agenda, which is so crucial. That is the long-term goal. In the meantime, having resources allocated fairly to the levy bodies will enable them better to support our agricultural producers as they move towards economic and environmental sustainability. I hope the Minister will accept this amendment and indicate that when he comes to reply.

Lord Wigley Portrait Lord Wigley (PC) [V]
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My Lords, I am happy to support the amendment moved by the noble Baroness, Lady Jones of Moulsecoomb, and I agree with her comments. I also agree particularly with the noble Lord, Lord Hain, about the sectoral challenges in Wales and the importance of the facilities being available and of directing, as far as possible, resources towards sustaining them.

Slaughter being located close to the point of production is important from the environmental point of view and indeed to sustaining employment in rural areas. This has been challenged in recent years by a number of economic factors which have tended to favour moves towards centralisation. The question of the resources available from the levy has been a burning issue in Wales. I am convinced that Ministers are aware of that; indeed, the Government have acknowledged it. It is therefore important that a guarantee be put into the Bill regarding the availability of such a levy to Wales, as well as to other locations where beef slaughter takes place. For these reasons, I strongly support the amendment.

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Lord Wigley Portrait Lord Wigley [V]
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My Lords, I am delighted to follow the noble Baroness, Lady Finlay of Llandaff, and I agree very much with the points that she has made. They underpin the reason I added my name to Amendment 255, in the name of the noble and learned Lord, Lord Hope, who spoke earlier. The points made by the noble and learned Lord and the noble Baroness, Lady Finlay, very much come together in the context of this amendment and this part of the Bill.

Earlier today, we started with a debate that was carried over from late on Tuesday evening. We discussed the relationship between the Governments of these islands, the way to secure a harmonious relationship within the UK single market and the need to get a framework for that purpose. The response that we got from the Minister to that debate, and particularly to the points that I raised at some length on Tuesday evening, was, quite frankly, non-existent. It is not good enough to say that we can have a semi-ad hoc working relationship between Ministers and that they will come together and sort things out. There has to be a formal framework.

I accept that the Minister, who replied to the earlier debate, might not be in a position to bring forward those proposals at this point, but in the light of points made by the noble and learned Lord, Lord Hope, the noble Baroness, Lady Finlay, and others, I press him very strongly to give a commitment at the end of this debate that, between now and Report, the Government will seriously look at some practical working framework arrangement that can be agreed between the four Governments and that meets the sort of practical difficulties that have been pinpointed in this series of debates.

I believe it is important to get that sorted out now and not to find further down the road that we are in an almighty mess and that unnecessary tensions have built up which threaten to undermine the structures that we are currently so keen to construct for a harmonious working of the agricultural market within these islands.

Baroness Henig Portrait Baroness Henig
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I am very pleased indeed to speak after the noble Baroness, Lady Finlay of Llandaff, and the noble Lord, Lord Wigley. This is a very wide-ranging set of amendments in this group: it covers food labelling, climate change and greenhouse gas labelling, marketing standards—including the importing of wine—and a geographical indications scheme. That is pretty wide-ranging, it seems to me.

However, I only wish to speak to Amendment 256 on standards. I have added my name to it and was happy to be able to support the noble Baroness, Lady McIntosh, on it because, as she said earlier, she and I—together with the noble Baroness, Lady Jones—pursued the issues of high-quality food and high standards of animal health, welfare and hygiene in the context of the Government’s Trade Bill last year. We were very pleased eventually to get a form of words agreed with the then Minister, which were included in the Bill. Amendment 256 is very much based on that amendment that was agreed last year.

Therefore, I am rather disappointed that we now seem to be back to square one, with the Government once again talking about the importance of high standards in these important areas but refusing to turn these words into any form of legislative commitment. We know how widespread and strong public support is across the United Kingdom for our existing high standards of animal hygiene, health and welfare and for high-quality foodstuffs. I could cite any number of public surveys on these issues, and they all show strong public support for the existing United Kingdom regime and high levels of opposition to cheap food imports from abroad reared without regard for animal health or hygiene and often, as we know, in extremely insanitary conditions.

It is not often that I have to tell the House that I have found myself in full sympathy with both the National Farmers’ Union and the Mail on Sunday. However, on this issue, I am at one with their campaigning and, clearly, so are well over a million of my fellow citizens, who have signed their petitions.

It is very clear to me—though I am sure the Minister will deny it—that the Government are pursuing two incompatible goals. They are expressing their verbal support for high food and animal hygiene and welfare standards, but at the same time they are pursuing trade deals with the United States and potentially other countries whose farm lobbies are working aggressively to open up new markets in the United Kingdom for their inferior but cheaper products.

I thought that the issues this raised were put extremely well by a Conservative former Cabinet Minister in the other place—again, I do not often agree with former Conservative Cabinet Ministers but, on this occasion, she said something that rang absolutely true. She said:

“Exposing our farmers to uncontrolled competition from lower-cost, lower-welfare imports would not only undermine our commitments on protecting the environment and on the compassionate treatment of animals, it would have a huge impact on the rural economy. There is a great risk that many livestock businesses could go bust across the country.”


I could not agree more and, in fact, the noble Baroness, Lady Finlay, said something very similar about Wales. Is this risk something that the Minister is prepared to countenance as the new agricultural framework takes shape?

A further serious issue for the Government in relation to standards has also just been raised. Northern Ireland, as we know, will remain in the EU’s single market and customs union, so its standards will be protected. However, Scotland is not in this position, much as it would like to be. There is no way that the Scottish Government will agree to any trade deal that allows for the reduction of existing food and animal welfare standards. The United Kingdom Government have the power to negotiate treaties, but they have to work with the devolved Administrations to implement those provisions, and I can see serious differences developing here, which would inevitably drag the devolved Administrations further away from London. Hence, I very much support Amendment 263A.

I fully understand and respect the Government’s determination to ensure that their ability and flexibility to negotiate trade treaties in the best interests of the United Kingdom is not undermined by legislative provisions. The noble Lord made that point in his letter to noble Lords after the Second Reading debate. Of course, the problem is that the great majority of people in England and the devolved Administrations do not believe that lower food and animal welfare standards are in the best interests of the country, and that is where the problem lies. This issue of standards is not going to go away; it will continue to be a big issue and I am quite sure we will return to it on Report.

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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering
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My Lords, it gives me great pleasure to follow the noble Lord, Lord Hain, and I endorse the comments of the noble Lord, Lord Foulkes of Cumnock, on his Amendments 264 and 265, which I was delighted to sign. I endorse his sentiments and hope my noble friend will look favourably on his amendments, particularly Amendment 264, in much the same vein as I support my noble friend Lady Neville-Rolfe’s Amendment 257. I think it is essential there should be proper consultation with the relevant interested parties before regulations are adopted, as I will set out. For the same reason, I support Amendment 265, in the name of the noble Lord, Lord Foulkes. I am sure my noble friend will agree that this is a genuine oversight and I hope she will look favourably at approving these or similar provisions before the Bill leaves the House. I also associate myself with Amendment 269, which is incredibly similar to the provisions in my Amendment 256, which was supported by other noble Lords: I would like to see the same apply in Wales as in England and other parts of the United Kingdom.

Lord Wigley Portrait Lord Wigley [V]
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My Lords, it is a delight, even at this late hour of the night, to follow the noble Baroness, Lady McIntosh. I very much agree with the points made by the noble Lord, Lord Foulkes, and particularly, of course, with the points made by the noble Lord, Lord Hain, on Amendment 269, which also carries my name.

There are many threats facing agriculture in Wales and in the other parts of the United Kingdom at this time, but there are also opportunities, and to grasp those opportunities to the full we have to build on the reality and the understanding of the standard of food we produce. Therefore, we need whatever co-operation mechanisms that have to be brought forward to ensure that agriculture in Wales, as in other parts of the United Kingdom, is working to that agenda, and that the world knows that we are working to that agenda, and that food and food products from Wales and the UK will be seen in that light, and equally that those food products coming into the UK from agricultural regimes that are of a lower standard will be seen as unacceptable.

This is relevant not only in terms of the food itself—the content and the way it is manufactured—but also in terms of the impact that the process has on the environment. That will be an increasing consideration in all parts of the world when people come to judge the products of these islands. The policies we have in Wales, putting an emphasis on the needs of future generations, is particularly relevant in this context, and this group of amendments gives the Government the opportunity to respond on this issue and to give some certainty as to how they see these important elements being safeguarded.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD) [V]
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My Lords, it is a pleasure to follow the noble Lord and to agree with his remarks, and to agree with the noble Lord, Lord Foulkes. I support the need for consultation, for the good reasons outlined at the very beginning of today’s proceedings by my noble and learned friend Lord Wallace and the noble and learned Lord, Lord Hope, who is also taking part in this group.

Can the Minister clarify the status of the legislative consent Motion from the Scottish Parliament with regard to this part of the Bill? If he can give information about that, I would be grateful. Formal consultations are vital in this part of the Bill, given that the regulations made under this clause could have significant impacts on the design and implementation of support schemes in Wales and Scotland. What is the policy framework for the limits on the regulations?

The Government have said that the regulations are concerned with maintaining WTO compliance under the agriculture agreement; however, they can also allow for regulations made by a Minister serving in a capacity as an English Minister, but impacting Scottish and Welsh schemes for the benefit of English farmers. Given the need for a resolution of disputes between the appropriate authorities regarding the classification of domestic support, with the Secretary of State in effect acting as a final arbiter, clarification from the Minister on this point will be important.

As well as proposing individual limits on the amount of domestic support that may be given in England, Wales, Scotland and Northern Ireland, the Government will set the effective aggregate ceiling, which is more in line with the relevant national budget, to meet the AMS ceiling under the agriculture agreement.

I understand that the EU has successfully transformed its agricultural support under the CAP from the amber box to the green box under the agreement. It has been argued that this change has not been challenged by other WTO members to date because of the scale of the EU. We may not necessarily have that in future as a stand- alone, individual country, so what is the Government’s policy intent? How will we engage in negotiations with other countries, which may take a different view from the one they took with regard to classification and interpretation while we were a member of the EU?

Given that this could be very relevant in our trade negotiations, can the Minister confirm that these regulations will not be used as part of any trade deal with the US? Given that the US has a more relaxed interpretation of the schemes under the WTO box classifications, there is not a level playing field between the UK and the US. That provides the US with a competitive advantage. We operate a number of quality schemes that it does not, but the US insists that the WTO agreement is the ceiling; we do not. Under its recent agreement with China on poultry, for example, neither country will go beyond what the WTO has agreed. We do not take that position. Will the Government allay some concerns and state that we would not reduce any of the support schemes with regard to the viability, standards and quality of our markets—not necessarily changing primary legislation but the support schemes that ensure our market is of the highest standard? I would like reassurances from the Minister in that regard.

The Minister is a sincere man. We have had these discussions during the Trade Bill and no doubt we will in September. He has said there will be no changes to primary legislation. When I asked the Trade Minister recently whether any trade agreements going forward—not continuity agreements but new trade agreements—will not change any of the support schemes or statutory instruments regarding standards, he could not give that assurance. I would be grateful if the Minister could allay my concerns and state that these regulations will not be used to make a meaningful change to any of the existing standards and qualities that the Americans might see as uncompetitive.