Tuesday 20th November 2018
(5 years, 5 months ago)
Public Bill CommitteesAgriculture Bill 2017-19 View all Agriculture Bill 2017-19 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 20 November 2018 - (20 Nov 2018)
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 8 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 8 / Noes: 9 - Question accordingly negatived.
The Minister for Agriculture, Fisheries and Food (George Eustice)
I will start with new clause 16, tabled by the hon. Member for Bristol East, which seeks to add some environmental targets to the Bill. We discussed this topic earlier in the Committee’s deliberations. As I said earlier, the Government have clearly demonstrated our commitment to the environment through the 25-year environment plan. We are currently in the process of developing a detailed indicator framework so that we can accurately measure progress on those important environmental trends. Obviously, we have already consulted on the key element of our agriculture policy, which is to deliver payment for the delivery of public goods, but fundamentally I see this as an issue for the forthcoming environment Bill. We will be publishing a draft of that Bill later this year, which will deal with environmental governance and environmental principles. In the second Session of this Parliament there will be an environment Bill that will include some of these things.
I will address the point that the hon. Member for Bristol East made about whether there is some division between DEFRA and the Treasury.
Kerry McCarthy (Bristol East) (Lab)
Before the Minister gets on to that, nearly a year ago—I think it was December last year—we were dealing with amendments to the European Union (Withdrawal) Bill, and there was quite a controversial amendment about animal sentience. We were told then that the amendment did not need to go in the Bill because the Government were bringing forward an animal sentience Bill. We do not have an animal sentience Bill; we had a draft one, but that all went haywire. I know that there will definitely be an environment Bill, but how can the Minister reassure us that it will deal with the issue of targets?
George Eustice
There will definitely be a Bill dealing with animal sentience and sentencing. As I speak, we are considering where we might be able to fit those particular provisions into future legislation.
The hon. Lady asked whether there is a division between DEFRA and the Treasury. There is not. Within Government there are discussions, obviously, and then there is a consensus and an agreement. She kindly offered to protect the Secretary of State through the proposed new clause, but I can assure her that the Secretary of State needs no protecting; he is very good at making his case within Government. We already have some statutory targets through international agreements in areas such as climate change, but we believe that environmental targets and objectives should be picked up through the 25-year environment plan—there were some objectives in that plan—and are fundamentally a matter for the environment Bill. I am sure that she will be very engaged in discussions about that Bill when it comes forward.
I turn to new clause 19, tabled by the shadow Minister, the hon. Member for Stroud, which concerns the importance of advice and guidance. The Government agree with him about the importance of advice and guidance, particularly as we roll out a new scheme, but clause 1 is absolutely clear that we can already pay for advice and guidance. Subsection (1) of that clause states:
“The Secretary of State may give financial assistance for or in connection with any of the following”.
The term “in connection with” enables us to make financial assistance available to support advice, and I want to spend a little bit of time explaining what the Government intend to do in this area.
As I touched on during an earlier debate on other clauses, we envision the new environmental land management scheme as effectively a covenant or contract between individual farmers and the Government. We intend to support a system in which farmers would be able to receive advice on the design of an environmental land management contract. That advice might come from an agronomist accredited by a UCAS Government scheme or from one of our employees from Natural England, or a third-party organisation like the Wildlife Trust might develop a cohort of people who could provide that advice. Having worked with the farmer, visited the farm, walked to the farm and not got too obsessed by maps, form-filling and all the rest of it, they can sit around the table with the farmer, help them put together the agreement, and then sign it off with the presumption that it will be supported and paid for.
We want to get back to a system in which there is much more human interaction, and in which trusted agronomists, trusted advisers who are accredited by the Government, and Government officers from agencies such as Natural England work directly with farmers. We do not want everyone to get bogged down in paperwork, form-filling, mapping and having to spend hours on a helpline, only to find that nobody can help them with their query. We have got a great opportunity to redesign the system.
The hon. Member for Stroud said that, as this is a new scheme, there will potentially be challenges in getting farmers used to it. I understand his point, but until a couple of years ago about 70% of farmers were in either an entry-level stewardship or a higher-level stewardship scheme, so by and large they are very familiar with these types of agri-environment schemes. They have run similar schemes previously, so I think they will be able to pick up these schemes and adapt to them.
The other thing we are doing is having a seven-year transition in which we gradually wind down the single farm payment. During that time we will be piloting the new system. That gives us plenty of time to familiarise farmers with the new system, and to perfect the system, so that when we roll it out fully we do not have problems along the way, and to ensure that we have the capacity to give advice in the area to which the hon. Gentleman alludes.
The other point I want to address is about the holistic advice to farmers. We have been looking at projects run by a number of organisations, including the Agriculture and Horticulture Development Board, which gives a lot of technical advice and has a network of what it calls monitor farms so that it can share good practice and knowledge transfer, and the Prince’s Countryside Fund, which runs very good peer-to-peer support groups to help farmers with their business management and help them address change. It has had some success with that. We are keen to learn from that as we roll out support for farmers. As the hon. Gentleman pointed out, farming can be a very lonely business. I grew up in a farming community, so I am familiar with the issues. There has always been the great tragedy of high levels of suicide in agriculture—usually about 50 a year. That figure has been fairly constant for a number of decades. We want to ensure that, as we go through this period of change, we give farmers all the support we can to help them adjust and move to a new system.
New clause 27 is all about county farms, about which the hon. Member for Stroud and I share a passion. This is the first time today I have been able to mention the 1947 Act. As he is aware, sections 47 onwards and part 4 of the Act established county farms and the right of local authorities to buy them. The new clause looks familiar because, although we often say that this is the first Agriculture Bill since 1947, that is not quite true. It is the first major Agriculture Bill since 1947, but of course there was the Agriculture Act 1970, which rolled forward some of the provisions from the 1947 Act and changed others. It created the requirement for local authorities to submit a plan to the Department and seek our agreement for any consolidation and reorganisation. That was a time-limited power, and I understand that new clause 27 is effectively attempting to replicate it. Earlier this year we laid before Parliament—I have to sign these off every year—the 67th annual smallholdings report, under section 5 of the 1970 Act, so there are still some requirements under that Act.
I want to explain what we intend to do about county farms. My view is that we should create a financial incentive for local authorities to invest in and commit to their county farms in the long term. The idea that I have in mind is to create, under clause 1(2), a fund for investment in county farms that is open to local authorities, subject to their submitting to us a clear plan demonstrating their long-term commitment to their county farm estate. I would like to see more emphasis placed on turning county farms into what might be called incubator holdings, to genuinely support new entrants. At the moment the problem is that once people get on to a county farm, they often get stuck there for 20 or 30 years and do not have the ability to progress.
Our idea is to look at what we can learn from other parts of the economy where there are, for instance, innovation centres offering mentoring for setting up new businesses; where the local enterprise partnership might be involved, working with the local authority to draw down additional funding; where it might be made a requirement for local authorities to have partnership agreements with private estates, so that they have farms to move farmers on to after five years; and where we might also support the development of peri-urban farms on other parts of local authority land.
Chris Davies
I am pleased to hear the Minister’s proposals. Can he confirm that they will apply UK-wide and not just to England?
George Eustice
The scheme would be for England only, for the reasons I have outlined.
I hope that the hon. Member for Stroud understands that, rather than drafting a clause that requires that to be done, I believe that we can deliver the outcome we seek simply by establishing a fund to help local authorities invest in a county farm estate, subject to meeting conditions that demonstrate their long-term commitment to the scheme.
Question put, That the clause be read a Second time.
The Chair
I have had no indication that any of the other new clauses in this group are being pressed to a Division, so I will move on.
Before we come to new clause 18, I will clarify the procedure so that everyone understands. The Clerk left me a note saying that the lights go out at 5 o’clock, which is a polite way of saying that the knife comes down. At that point I have to put whatever is being debated to the vote—there is no choice and it cannot be withdrawn. After that, I will put the Question on any amendments that have already been discussed, of which there is one—it must be moved formally. Any other business then falls.
Let us do the maths: there are eight new clauses, with two and a half hours to go. Seven of the eight new clauses are in the name of the official Opposition, and one is in the name of the hon. Member for Edinburgh North and Leith. It is up to you to prioritise, but bear in mind that any new clauses that we do not reach can be re-tabled on Report.
Dr Drew
If the Minister wants to say today that he has some brand spanking new agency in his back pocket that is going to take over and run this, we are more than happy to listen and give our support. I am merely the messenger saying that I still receive countless complaints about late payments, wrong payments and reasons unknown for people not receiving the moneys they thought they should have received. The field margins and the way in which the scheme was set up was unduly complicated, but this will potentially be as complicated, and some would say more complicated.
Why can we not just listen and learn from past mistakes and at least give people an opportunity to help frame what could replace the Rural Payments Agency? It has already taken on many Natural England employees, so it is ready for its new incarnation, but I am worried about skill levels, about the computer system and about how this will be perceived if we start on the back foot with an agency that has not been fit for purpose.
I will not cast aspersions on the people who work for the RPA—no doubt they work long hours to try to get things right—but there has been something integrally wrong with the way it has operated for a long time. I am giving the Minister an open goal to shoot at—a way for us to move forward across the party divide to try to get an agency that is fit for purpose for a very different type of agricultural scheme.
George Eustice
I will describe in a moment what we are doing on future regulation, including the enforcement of this scheme. However, the hon. Gentleman gave me an opportunity—an “open goal”, as he said—to, for want of a better term, shoot at the RPA. I am not going to do that. As I have said many times, the RPA and agencies such as Natural England are currently grappling with a truly hideous body of European regulations and an unbearable administration process. That causes huge problems for farmers, who are required to fill out and submit endless forms and do lots of mapping, and for our administrators, including the RPA.
The problems we had last year, for instance, were caused because EU law required us to re-map 2 million fields in one go. We would not have chosen to do that—there was not really a need to re-map the fields—but we were forced to, just to ensure that there were no ineligible trees littered around the landscape. The sheer scale of that task caused administrative problems. The problems we have had with our countryside stewardship schemes were caused primarily because the European Union passed a rule that said every scheme must start on the same day of the year, which caused a massive spike in workload, required us to employ 500 temps and created all the contingent problems that come with that. In the design of the new scheme, we can learn lessons from the past and jettison some of the muddled thinking that is imposed on us by the European Union and EU auditors.
I should also point out that the RPA has taken on some of the payment functions related to the pillar two countryside stewardship schemes, precisely because not only the RPA has had challenges. Natural England has had horrendous problems trying to implement the countryside stewardship scheme. Indeed, one of the reasons we moved the RPA in to take over that space was that it has a stronger track record of managing complex EU processes.
Let me turn to what we intend to do in the future. The substance of new clause 18 is very much being addressed by the work currently being undertaken by Dame Glenys Stacey, who has given early indications of her direction of travel. She argues that we should move away from the clunky clipboard-and-rulebook approach inherent in the EU system and towards a much more modern way of regulating farms so there is more of what she calls social regulation, more incentives, fewer arbitrary rules and more whole-farm assessment. The work she has started is very interesting. She is also looking at the issue of our having multiple agencies and whether there could be consolidation, and at the establishment of a new type of body to perform some of these functions.
I do not believe there is a need to consult now, as the new clause would require us to. The first step is for us to see the final report from Dame Glenys Stacey. If the Government decided at a future date to implement some of the recommendations in that report, perhaps including the consideration of a new body, that would be the time to consult.
Dr Drew
I hear what the Minister says. Again, I make the point that that is why we would have liked to hear from Dame Glenys about the direction of travel in the evidence sessions. Perhaps we can pick that up subsequently. I am not aware whether she has yet given evidence to the Select Committee on Environment, Food and Rural Affairs. I hope members of that Committee who are present heard that point, because it is important that we get an early idea of what the Government’s approach is likely to be.
I will not labour the point, because there are other new clauses that we want to get to before the bewitching hour, which you reminded us of, Sir Roger. However, it is crucial that whatever agency takes it on needs to be capable—I will not say “ of starting with a blank sheet of paper”, because the past cannot be washed away—of recognising the problems that there have been and still are with the way the current payment systems operate.
As much as new systems come with a certain élan and opportunity, the same people will operate the new system, so we have to ensure that training, empowerment and particularly a decent IT system that does what we want it to do are in place right at the start. That was what really damned the RPA when it took over the area payment scheme. It was trying to negotiate the system as it went along, and as we know that that was sadly an unmitigated failure. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 21
Agricultural co-operatives
“(1) The Secretary of State must promote agricultural co-operatives by—
(a) offering financial assistance for the creation or development of agricultural co-operatives, and
(b) establishing bodies to provide practical support and guidance for the development of new co-operatives.
(2) The Secretary of State shall examine any proposal for primary or secondary legislation to assess—
(a) its impact upon agricultural co-operatives, and
(b) whether that impact is disproportionate in relation to its impact upon other producer organisations or interbranch organisations.
(3) Financial assistance under subsection (1) may be given by way of grant, loan or guarantee, or in any other form.
(4) An organisation shall be recognised as an agricultural co-operative if it meets the conditions in subsections (5) and (6).
(5) Condition 1 is that the organisation—
(a) is registered with the Financial Conduct Authority as a co-operative, or
(b) is constituted under the Co-operatives and Community Benefit Societies Act 2014.
(6) Condition 2 is that the organisation—
(a) operates in a sector which is listed in Part 2 of Schedule 1 to this Act, and
(b) includes at least one member which is an agricultural or horticultural producer.
(7) The Secretary of State may by regulations make provision specifying the criteria under which financial assistance under subsection (1)(a) may be offered.
(8) Regulations under subsection (7) are subject to the negative resolution procedure.”—(Dr Drew.)
This new clause would require the Secretary of State to promote agricultural co-operatives.
Brought up, and read the First time.
George Eustice
I am more than happy to take up the hon. Gentleman’s suggestion to say nice things about co-operatives. As I said in an earlier sitting, I am a supporter of collaborative working, joint working, joint ventures and co-operative approaches to help farmers deal with the fact that often they are fragmented and end up as price takers in the supply chain.
We have done a number of things already. Earlier this year, I announced a £10 million collaboration fund out of the rural development programme to support joint working and to support the formation of co-operatives. The hon. Member for Stroud will also remember from an earlier discussion on clause 22 and the recognition of producer organisations that we had meetings with the co-operatives’ representatives and have taken on board some of the suggestions that they made. We tabled a Government amendment to clause 22 to ensure that models other than that of a limited company, which is the requirement under current EU law, are recognised as producer organisations.
On the substance of new clause 21, which would ensure that there is financial assistance for co-operatives, I am happy to take the opportunity to confirm that, just like the existing rural development programme, clause 1(2) —the subsection on productivity—enables us to make available grant support, Government-backed loans or other guarantees to the co-operatives, should we want to support their endeavours. It is not only clauses 22 and 23, on exemption from competition law, that help certain co-operatives and recognised UK producer organisations; the very first clause of the Bill has provisions for our giving financial assistance to co-operatives. By establishing the £10 million collaboration fund earlier this year, I hope that I have demonstrated through my deeds rather than my words that I see this as important. Should the hon. Member for Stroud ever be in Government, I hope that he would do the same and continue to support these important organisations.
Dr Drew
Of course—I am a Co-operative MP. We would not see a conflict of interests; we would see a commonality of purpose, which we encourage. I find what the Minister said very encouraging, and I hope that he will continue his discussions with Co-operatives UK and other farming organisations to see how this can be developed. The UK farming and environmental sector will need to co-operate if we face Brexit, because it will be subject to many of the winds of change, some of which could be very turbulent. I hope that co-operation is one good thing that comes out of this. I beg leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 22
Import of foie gras
“(1) Foie gras may not be imported into the UK.
(2) “Foie gras”, for the purposes of this section, shall mean a product derived from the liver of any goose or duck which has been force-fed for the purpose of enlarging its liver.”—(Dr Drew.)
This new clause would prevent the import of foie gras into the UK.
Brought up, and read the First time.
Dr Drew
Of course, and that is something that we will no doubt have to revisit on Report. We are not doing anything other than what we have done in this place. We banned foie gras in the Houses of Parliament. That is a decision, and one might say that it is freedom of choice, but we banned the production of foie gras in this country, as my hon. Friend the Member for Bristol East said, because we see it as inherently cruel.
All we are saying is: “Let’s have a level playing field”. If we ban production here, why are we still allowing imports to a very small number of establishments that still condone something that we would put at the extremes of animal cruelty? It is not about animal rights; it is purely about animal cruelty. It is a terrible process and I am not going to upset the hon. Member for North Dorset by going through what is involved. I do not think anybody would say that is an acceptable way to treat livestock. If it is, why is it banned in this country?
I hope we will get support from the Government. This is one thing they could do, through legislation on animal sentencing or even animal sentience, whichever comes first. We do not have many opportunities to pass this type of legislation. It could be done by a private Member’s Bill but we know how uncertain that can be. That is why the proposal has been brought forward at this stage, and why we hope there is support. If not, the Government could at least say what their intentions are. This will not affect farmers in this country, because we have banned this practice. We just want a level playing field and we can now ensure that because we will not necessarily be part of the EEA.
George Eustice
This again highlights an important ethical issue, about which people in this country have strong views. However, in common with others, I do not think it fits in the Bill. This is not a trade Bill; it is an agriculture Bill about how we support agriculture and replace the common agricultural policy.
I do not think we have ever produced foie gras in this country. It has been illegal at least since the Protection of Animals Act 1911, and the Animal Welfare Act 2006 put it beyond doubt. There is no explicit ban on foie gras, in the way that there is on fur farming, which was introduced as a specific ban in Parliament, but it has always been understood that the production process involved in it, requiring as it does the force-feeding of ducks and geese, creates serious animal welfare concerns. If ever practised here, that would be in breach of our long-standing animal welfare legislation.
There is a small amount of production in some parts of the world, including France, of what is called “ethical foie gras”, where they use a particular breed of goose and do not force-feed them. They manage to get a product that is very similar to foie gras in a way that causes far less concern for the welfare of the animal.
Turning to the proposed new clause, the issue is important. If we leave the EU, depending on the nature of any agreement we have with the EU, a future Government would certainly be able to ban the import of foie gras. Some countries, notably India, do have ethical bans of this sort. India has one on fur and might already have one on foie gras.
We know that WTO case law means it is entirely in order to have bans on certain products of this sort, where there are ethical reasons to do so. There has been case law in the past regarding seal furs that has upheld that long-standing principle. It would be an option for a Government, depending on the nature of the agreement we finally have with the EU, to ban the import of foie gras, in much the same way as India does, but I do not believe the Bill is the right place for it.
It is the kind of thing that we would consider once we are clear about the type of trading relationship we will have with the EU and what concessions we might have to make as part of that settlement—until then we are not in a position to advance any policies of this sort.
Dr Drew
I hear what the Minister says but, given that the Bill looks to the future, it is entirely appropriate that we decide which animal welfare standards we believe should be in place to accommodate the type of agriculture and food chain we want. Although subject to whatever happens to our relationship with the EU, this is the sort of legislation, along with live exports, where we should draw a line in the sand. We do not accept this practice; we have banned it. It is inappropriate for agencies, shops and other retail establishments to be able to sell that product here. It is an entirely inappropriate method of force-feeding geese and ducks. This is a key animal welfare issue. It needs to be outlawed.
Dr Drew
I agree entirely. In this brave new world, we are talking about supporting not just farmers and landowners, but the environmentalists who are going to come in and do some of the work. Again, this area is rife with exploitation. It is right that lots of people work as volunteers or are seconded from their companies, but there is the danger that that will become the norm. Unless we are careful, we have no regularity of employment structure.
The Government’s argument has always been, “Why is agriculture different? It is the same as any other sector.” Well, it is different. The nature of the work is different: it is hard and the hours are long. There is also the issue of loneliness, because most workers are by themselves. There will perhaps be only one or two of them if they work for a small holding. Larger holdings have more, of course, and are able to get protection through their numbers.
I understand the NFU’s position, but farmers tell me that one of the things they most regret is the loss of the negotiating apparatus. They say that quietly; they will not say it to a wider audience. There are those who believe strongly that losing the negotiating apparatus has taken agriculture backwards. When we lost it, we saw that agriculture was not valued enough for such a structure to be in place. If the Minister does not agree with this new clause, I hope he at least recognises that there is merit in putting in place a structure and systems to ensure stability in farm workers’ terms and conditions. Too often, they are not paid the going rate, which means that people are not attracted to the countryside, which we all accept is a tragedy.
George Eustice
We had a similar discussion about an amendment earlier. I do not intend to speak for too long, but the hon. Gentleman will be aware that I disagree with him for reasons that I have set out. As he knows, the Agricultural Wages Board was established way back in 1948. There were lots of other boards around at that time, covering different sectors. Most of them were phased out during the ’60s, ’70s and ’80s; the Agricultural Wages Board was the last one standing.
Things changed fundamentally. There was a review of the Agricultural Wages Board in the mid-1990s, and in the end a decision was made not to take action. After the national minimum wage was introduced by the previous Labour Government and adopted by the Conservative Government, and, more importantly, after this Conservative Government introduced the new national living wage, the Agricultural Wages Board’s raison d’être was no longer there. It has been superseded by other pieces of legislation and minimum wage requirements. We currently have a national minimum wage of £7.83, and the national living wage is soon to go to £8.75. We therefore already have protections through the National Minimum Wage Act 1998, the Employment Rights Act 1996 and the Equality Act 2010. There is lots of legislation to protect agricultural wages.
I do not share the hon. Gentleman’s view that the negotiating apparatus that operated alongside the Agricultural Wages Board is necessary. There were problems with the way that it worked. It did not, for instance, allow the payment of annual salaries to some management staff so hours and payments could be averaged across the year. That would help people get mortgages to buy homes. There were reports that, because people received a weekly wage based only on the hourly rate, it was difficult for them to demonstrate to mortgage lenders that they satisfied their criteria.
More importantly, the very formulaic tiers of wages did not enable people who were doing particularly well and were on their way to progression or to a management role to be rewarded, unless they had the right craftsman qualification. It took away employers’ flexibility to reward their staff, because everything was set in a very formulaic way. I do not share the hon. Gentleman’s romantic view of the Agricultural Wages Board; it was restrictive and stopped more progressive approaches to payments, including salary development. Insofar as it gave protection for minimum wages, its role has been superseded.
Dr Drew
My wife would say I was never romantic, although I do not want to disillusion the Minister too much. This is not about going back. There would have to be a new body, but it would perhaps take account of sectoral organisations—that was what was probably wrong with the old Agricultural Wages Board. The NFU always saw it as a one-size-fits-all.
A modern Agricultural Wages Board must take account of the different sectors and regions. Its whole point is that it underpins wages and conditions. We feel very strongly about that. We talked to Unite, the main representative body that came out of the old National Union of Agricultural and Allied Workers. Historically, Unite has always been linked to the Labour party, although it has not always agreed with it. Although we look back in this sense, we also recognise the modern world.
The Chair
I was asked whether we get injury time if there is a Division on the Floor of the House. I consulted the Clerk to ensure I had the procedure correct, and the answer is no. However, if a Division runs past 5 o’clock, I would ask all hon. Members to return, because I will have formally to go through the procedure of reporting the Bill; otherwise, we will be in the position, which I have been in only once before, of the Bill’s having to be deemed to be reported, which is not satisfactory. Let us press on.
Dr Drew
I will let the Minister respond to that in due course. We started with a fairly narrow subject and we have probably been round every other subject possible. I am not going to take any more interventions.
We have a policy on this issue. We argued 20 years ago that we wanted to bring it forward. It has not happened because of our relationship with the EU. If that relationship remained or got to the issue of the customs union, it might still be precluded. However, if we were to leave the EU, we would have the opportunity to do this. That is why the Opposition have upheld the policy and will press the matter to a vote: so that there is some clarity, which has not been forthcoming from the Government because Government MPs have been arguing for the ban on live exports for some time. No doubt, we will continue this discourse outside. I make no apology for saying that this is the opportunity for us to do this. We will be taking that opportunity and pressing for a formal vote on live exports.
George Eustice
The Government have a policy on the issue as well. As the hon. Gentleman will be aware, in our manifesto we committed to control the export of live animals for slaughter. I will describe in a moment what we intend to do and what work we have already done.
Kerry McCarthy
I do not understand why there is a difference between banning live exports for slaughter and not for fattening. Surely it is the journey—the live export—that is deemed to be unacceptable. Does it really matter whether the animals are going to be killed at the end of it or given a few more meals before they are slaughtered?
George Eustice
I do not accept that. The hon. Lady has fallen into a counter-argument against the ban on live animals, which is that if you have the transport regulations right, or if you improve them, there is not necessarily a difference between a crossing by sea and a crossing by road. The reason why it particularly matters for slaughter is that we have the very clear principle that when you are moving animals for slaughter you should absolutely minimise the stress on those animals. It can be a stressful environment as it is, and having a long journey before slaughter is fundamentally different to transport for rearing.
Our position is that we want to control export for slaughter. We subsequently issued a call for evidence. We worked with the devolved Administrations on this because it obviously affects Northern Ireland and has implications for Scotland. Scotland exports live calves to Ireland, for instance. As my hon. Friend the Member for Gordon pointed out, there are also issues with some island communities, such as Shetland.
Dr Drew
I think that is a hint. Given we did not divide on live exports, we might divide on pesticides instead. It is important to have this debate and look at this opportunity. The new clause is not doing anything dramatic. It asks us to use this piece of legislation to review current pesticide use, to consult on it, and to monitor it better. It says that that is something that should be in land management contracts. If it is not included, how can we find a way to secure a measurable improvement in our environment? As my hon. Friend the Member for Gower says, we only have to look at our watercourses to know that pesticides get into them. Most of us see that as unacceptable and we have to do something about it.
George Eustice
I hope I will be able to persuade the shadow Minister that he does not need to press the new clause to a Division. We rehearsed in an earlier discussion on clause 1 the fact that the Government are actively looking at holistic schemes to support and incentivise what could be called integrated pest management. We are considering whether we can reduce our reliance on synthetic chemistry by using more natural predators and different agronomic approaches and being willing for the first time to incentivise farmers financially to do that.
One of the things we are looking at is an incentivised integrated pest management scheme to advance this policy agenda. We also set out in our 25-year environment plan the idea of moving forward and embracing integrated pest management more than we have done previously. The new clause deals with publishing reports and measuring impacts—I have said previously that DEFRA needs no encouragement to produce reports through statutory requirements; we love reports. As I explained, I regularly have to read and sign off reports and I sometimes question whether anyone else is reading them. For some reason, many reports seems to congregate around June, so during that month my box is weighed down with annual reports of one sort or another.
I will share with the hon. Gentleman some of the reports that we have received. I have a lot of reading here that he can take away as a memento of this Committee. The UK Expert Committee on Pesticides—the ECP—which gives us advice on emergency authorisations and on some of the tricky chemical issues. It is a standing advisory committee to the Chemicals Regulation Directorate. I have with me its annual report for 2017, all 22 pages of it. The Expert Committee on Pesticide Residues in Food produces a separate annual report, on top of the one by the Expert Committee on Pesticides, so we have two expert committees in the pesticides space, one on residues and one on broader environmental impacts, both of which produce a report. The report on pesticide residues lists all the findings and surveillance on residues on a wide range of imported products and products produced domestically. It runs to 48 pages and is an annual report.
If that is not enough for the hon. Gentleman, the pesticide usage survey report, is produced by the National Statistics Office and focuses on all sorts of different icrops. I have with me the 2016 report for arable crops, all 92 pages of it, with lots of tables demonstrating exactly what is produced. That key survey already monitors the use of pesticide-active substances on each crop.
Mr Goodwill
In addition to that, does my hon. Friend the Minister recognise that farm assurance schemes carry out detailed scrutiny of the records kept by farmers on the pesticides that they use within the rules?
George Eustice
My right hon. Friend is correct: schemes such as the red tractor assurance scheme have additional checks and enforcement to ensure that there is nothing out of order, and on top of that they generally require MOTs, for instance, for sprayer equipment.
The pesticide usage survey covers the frequency of application, which picks up the measures in subsection (1)(c) of the new clause, and the area treated, which covers subsection (2)(d), as well as the weight of active substance. It also includes figures on some of the alternatives to chemicals, such as the use of viruses that can target insect pests. In addition, the National Poisons Information Service collects and considers reports of possible harm to people, which covers subsection (2)(b). Results are not published, but they are reported to DEFRA and other interested Departments, as well as to the UK Expert Committee on Pesticides.
Finally, the Wildlife Incident Investigation Scheme looks at reported incidents of possible harm to wildlife, which I think is what subsection (2)(a) of the new clause is trying to get at. Results of the Wildlife Incident Investigation Scheme are published on the Health and Safety Executive website, and the Environment Agency also monitors levels of pesticides in water.
I understand that there are very good intentions behind the new clause, but I hope that I can reassure the hon. Member for Stroud that we have a plethora of reports that cover pesticide use and pesticide issues in great detail. I hope he will withdraw his new clause at this stage, take some time to read the reports, which I would be happy to leave with him, and consider whether he still feels the measure is necessary on Report.
Dr Drew
It was always a good teaching ploy, when someone was really stuck, to give the kids lots of reading on the basis that that person could try to escape from the fact that they did not really know what they were talking about, hoping that the kids might be able to tell them in due course. That is just me as an old-fashioned teacher. I look forward to receiving the documents the Minister will give me to read, but I will press this to a vote, because the Government need to understand that the direction of travel is about environmental moneys being paid for environmental goods, whatever an environmental good is—it will be interesting to define that in due course.
Like previous versions of the Department, DEFRA has undertaken huge amounts of consultation, but when it comes down to it, it is about the action on the ground. It is important that we know that pesticide use will be one of the features that will be measured. As my hon. Friend the Member for Gower says, one would assume that over a period of time, when pesticides get into watercourses, that will be picked up and dealt with under land management contracts, so that someone will lose their money if they are seen to be polluting the local brooks. Otherwise, what is the point of this particular bit of legislation? We have both to lay down the law and to see how it will be enforced in practice.
Pesticides are a pretty important aspect of what happens to our landscape. I have always bought the argument that farmers, for all sorts of reasons, would want to spend less money on them, because it is an imputed cost and they feel very strongly that they want to minimise their costs, but sadly we have seen that many aspects of the environmental degradation of our countryside were down to misuse of pesticides, which have been seen as a shortcut to getting more output from farms. That is why we will put this motion to a vote. We let the Government get away on live exports, although that will no doubt come back.
On this motion, what is the point of environmental moneys if they are not properly scrutinised on the ground? Whoever may be advising is one thing, but this is something that presumably the payments agency will have to measure. Unless we have something that sets that out in the Bill, it will come down to vague promises. That is not acceptable in legislation. We either do it properly or we do not do it at all. Let us do it properly.
Question put, That the clause be read a Second time.
George Eustice
I am grateful for this opportunity to set out our position on the funding of agriculture. As hon. Members will know, we have a manifesto commitment to keep the cash total spent on agriculture for the UK at exactly the same level until 2022—the end of this Parliament. That commitment goes further than the current spending review period. Not every other Department has that, but we made that commitment, because we recognise the importance of giving farmers clarity and certainty that the Government intend to still support them financially during this transition from the old system to the new.
Our manifesto also made a commitment that after 2022 we would roll out a new agri-environment policy, which would be funded. The Bill is explicit that there will be a transition period of seven years until 2028, as we gradually wind down the single farm payment—or basic payment scheme. It is implicit in the Bill and our manifesto commitment that there will be a funded agriculture policy after 2022. We have not put a precise figure on that, but we have done more than we do for most other Departments, which is to give a guarantee until 2022.
As the hon. Member for Edinburgh North and Leith will be aware, the allocations for Scotland have been a contentious issue as a result of the convergence uplift and debates around that. For that reason, we have asked Lord Bew to lead an independent review of intra-UK allocations. That review is now underway. The outcome of that review will inform allocations for 2020 onwards.
The answer to this particular new clause is that this work is already being done and it is being led by the review that Lord Bew is undertaking, which will inform intra-UK allocations after 2020. That will enable us to take account, for instance, of severely disadvantaged area and to take account of the emerging policies that we have in different parts of the UK, but also to have regard for the fact that probably every part of the UK will want to have a transition from the old system of the basic payment scheme to the new, so there would need to be some understanding of how much money people will need as they move in transition from the old scheme to the new.
The hon. Member for Darlington made points about the ability of the Scottish Government to make payments. We covered that in an earlier debate, but to clarify, we introduced new clause 3 to the Bill in Committee, as well as subsequent equivalent clauses for the schedule for Wales and the schedule for Northern Ireland. The purpose of new clause 3 and those two connected provisions for Wales and Northern Ireland was to give the Government the power to set financial ceilings, so that the legacy schemes that come across through retained EU law could still be paid. Unless the power exists to set financial ceilings, the existing financial ceilings that underpin the payment legislation in the EU scheme will fall away. Therefore, unless the Scottish Government took action to introduce a clause such as new clause 3, they would not have legal authority to make payments in 2020.
Colin Clark
May I seek clarification? Have the Scottish Government approached the Department to introduce a new clause 3, and is the Minister aware that NFU Scotland is supportive of a new clause 3 for Scotland?
George Eustice
Yes, I am aware that NFU Scotland has now said that it believes that, as a minimum, there should be something like new clause 3. I discussed the issue with Scottish Ministers yesterday at the meeting that we had in Wales, where it came up. We established that it is relatively easy to rectify. This is a single clause. We could put it in a schedule to this Bill if it were the wish of the Scottish Government for us to do so. We could add a schedule to the Bill that replicated new clause 3 for Scotland but did nothing else, and we could do that at later stages of the Bill, or of course it is open to the Scottish Government to add new clause 3 to an alternative piece of primary legislation, going through the Scottish Parliament. The issue is not complicated to fix; it does not necessarily need a fully worked-up, fully detailed Bill, but they do, as a minimum, need something equivalent to new clause 3. I think that they understand that now, and they are considering whether it is best to do it as a schedule to our Bill or as an addition to one of their own Bills.
I hope that I have been able to explain that we have a review under way that is looking at intra-UK allocations, that is designed to address the needs of every part of our United Kingdom as we consider funding the provisions in this Bill and provisions that other, devolved Administrations might bring forward in the future.
Deidre Brock
In response to questions regarding Scotland not taking powers through this Bill, I will repeat once again that that is because, in short, we do not need to do so. We do not need the Government here to legislate for us on devolved matters. We have been producing our own legislation in those areas since the Scottish Parliament began in 1999. There is no question of our not being able to make payments immediately after Brexit, because the existing common agricultural policy rules will become retained EU law; that has already been provided for.
If there is no deal, then in conjunction with the UK we are preparing the necessary adjustments, through statutory instruments and Scottish statutory instruments, to ensure that we will be able to continue to make payments under the existing CAP rules. If there is a deal, then along with what happens in the rest of the UK, provision will be made to ensure that we can continue to make payments during the agreed transition period. Whatever scenario we face, there will be provision to make payments and administer schemes from next March.
George Eustice
I agree that it is possible for the Scottish Government to include a clause similar to new clause 3 in primary legislation going through the Scottish Parliament, but the hon. Lady needs to understand that it requires the setting of a financial ceiling; that does not come across in retained EU law. That is why we have introduced those new clauses to the Bill for every other part of the UK. The hon. Lady is right: we are not saying that we have to legislate through this Bill. There is an offer if the Scottish Government would like us to include something equivalent to new clause 3, but if they would rather not have that, it is for them to add the provision to one of their pieces of primary legislation.
Deidre Brock
Indeed, and given that the withdrawal agreement, the European Union (Withdrawal) Act 2018 and the Scottish continuity Bill all give Scotland a legal basis on which to continue to make payments and administer schemes, we see no need to rush into the development of new legislation, but we are of course always open to that.
In our consultation document, “Stability and Simplicity: proposals for a rural funding transition period”, we have explained that the point at which we propose to start evolving our farm support arrangements is 2021. At that point, we will need new powers to amend the relevant retained EU law, and we are looking actively at all available options for taking those powers, including the possibility of legislating in the Scottish Parliament.
I hear what the Minister says about the review that is ongoing, but we want some certainty that an ability to check the promises that were made is hardwired into this Bill—as the hon. Member for Darlington said previously, that is in the interests of transparency—so I will press the new clause to a vote.
Question put, That the clause be read a Second time.
George Eustice
New clause 31 is an important clause and an important point to end on. As the hon. Member for Stroud knows, our view is that changes to tenancy law go beyond the scope of the Bill, which concerns future agriculture schemes. However, he also knows that I take the issue very seriously.
While we do not want to throw the baby out with the bathwater when it comes to tenancy law, because the introduction of farm business tenancies was an important innovation and has brought more land to market, there are undoubtedly some problems with the way that both Agricultural Holdings Act tenancies and the farm businesses tenancies under the 1995 Act operate. That is why, around 18 months ago, I commissioned the Tenancy Reform Industry Group to do a detailed piece of work on what changes to tenancy law we ought to consider, in particular to address productivity and support structural change in the industry. It came back with a package of proposals, as the hon. Gentleman said.
Probably chief among the proposals was the idea that an Agricultural Holdings Act tenancy could be assignable, so that an older farmer who wanted to retire but did not have children to inherit the tenancy would have some kind of right to assign the tenancy at open market values to a third party or, indeed, to enter into surrender negotiations on the tenancy with their landlord on that basis. The Law Commission recommended reform of the rules of forfeiture for farm business tenancies many years ago, and tidying that up remains unfinished business.
Also included in those proposals was a recommendation for a provision to vary restrictive covenants within Agricultural Holdings Act tenancies. Farming practices have moved on, and having certain covenants that prevent modern investment on farms, or that might stand in the way of the type of environmental schemes envisaged in the Bill, are problematic. There should be a process for looking at that.
To end the Committee on a positive note, I can reassure the hon. Gentleman that we have by no means forgotten that package of measures. My officials are currently working on a draft consultation on tenancy law and some of those changes, which we intend to publish in the new year. The outcome of that consultation will inform a future piece of legislation on tenancy reform.
The consultation will probably look at one or two other areas where we believe changes are required. For instance, article 31 of the Agricultural Tenancies Act 1995 restricts the ability of landowners to issue tenancies on their land unless they have permission from a lender, who might have a charge over that land. That overturned decades of practice, where there was a presumption in favour of a landlord being able to grant a tenancy because the land needed to be farmed. We believe that that particular provision, article 31, needs to be looked at again.
We are also considering a call for evidence on the repossession of agricultural land. At the moment there is a gap in the law. Farm businesses tend to have their assets owned by individuals. Currently, if a bank wished to repossess a residential property, it would have to go to a court to get a possession order. There is no such requirement with agricultural land. A bank can simply seize land and auction it without any recourse to the courts. It is an outdated approach, and we are therefore considering amendments that would require a possession order from a lender before they could seize the land.
Martin Whitfield
Would that include the valuation of land by banks when they repossess, and the other professionals that are involved in taking over the land—it is not repossession at the moment—in that sequence of events?
George Eustice
A possession order would require a bank to justify its action to a court before being able to take anyone’s land. There have been a number of issues with secondary lenders, and mainstream banks, moving aggressively to seize and auction land, and selling it in a reckless way that is against the interests of the landowner and their creditors because they have that charge over the land. That area needs to be looked at.
With the confirmation that we have not forgotten those areas, and that we are looking at a consultation, I hope that the hon. Member for Stroud will not feel the need to press the new clause to a vote.
It has been a pleasure to serve under your chairmanship, Sir Roger, and that of Mr Wilson. We have had a good-natured debate on new clause 31 and all the other amendments and clauses in the Bill. We have done a thorough job of examining every clause and amendment in great detail. I thank every member of the Committee for giving up their time and diligently intervening and contributing to the discussion.
I also thank my officials in DEFRA, who have worked incredibly hard. The Bill is the first substantive piece of legislation on agriculture that we have had since 1947. It has been a huge piece of work. Finally, and by no means least, I thank the Clerks. We particularly tested their patience when changing the plan for evidence sessions at the beginning, but I hope that we have been less difficult since then. We are grateful for the time and effort that they have put in.
Dr Drew
On that note, I particularly thank Mr Fox, who has been so helpful to Rob, who has done the Opposition work in detail. It is important that we put that on the record. Without the Clerks, Bill proceedings would not go very far, or if they did, they would go in completely the wrong direction. I also pay due regard to the many contributors to the evidence sessions, which were illuminating, and those who have given us ideas and interesting amendments. Some of them caused us a few sleepless nights in deciding whether to table them. They were all suggested in the right spirit, to try to improve the legislation.
Clearly the Government have a different view to the Opposition about how the legislation will progress, but we will see whether we can further improve it on Report, on Third Reading and in the House of Lords. It is good that the arguments have been had. Others will read them and see whether the proposals can be introduced in a different way, if not necessarily one with which the Government will wholeheartedly agree. However, given what happened today with the Finance Bill, we live in hope, and in the expectation that a degree of consensus is breaking out across the House. That is the way that good Government can operate.
On tenancy reform, I was pleased by what the Minister said. New clause 31 was a probing amendment, and the Minister knows where it was coming from. Changes are needed in this area. I hear what he said about repossession, which has always been a bone of contention in wider agricultural areas, because people do not necessarily just think in terms of those directly affected. It can unhinge a wider part of the countryside when people think that what has happened has not been done in the right way. It is important that we heard what the Minister said, and that we see some progress on that.
Without more ado, we have managed to complete consideration within the timeframe thanks to the good chairmanship of our two Chairs. I will not press the new clause to a vote, but I hope that, now it is on the record, we will hear early in the new year what form the necessary legal changes, which will presumably be made through secondary legislation, can take. We will of course scrutinise them in the right way and hope that they improve what is happening out there. We need good tenants with good tenancy legislation. British farming will be stronger because of that. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Amendment made: 43, in title, line 14, after “Agriculture;” insert
“to make provision about red meat levy in Great Britain;”.—(George Eustice.)
An amendment to the long title is required to cover the content of NC4 which is not covered by any of the other specific limbs of the current text.