Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 19th January 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I am grateful to the Minister for his introduction. I will begin with the official controls regulations on animals, feed and food, and plant health. As has been said, we debated regulations with the same title on 2 December, and here we are again going over the same ground. The first SI had to be passed by December to comply with our third-country status. The noble Lord, Lord Bilimoria, referred to safety in our sanitary and phytosanitary systems—SPS—and possible costs to businesses. I know that everyone was working flat out before Christmas and that some legislation had to be left until after 1 January, but I hope we will not come back yet again to debate the same issues but with minor amendments throughout 2021.

On this occasion, we are concerned with border control posts. As we have seen on regular news reports, the number of forms required to be completed to comply with EU official controls is very burdensome. SPS checks will, apparently, vary proportionately, depending on risk factors. This includes the import of live animals, products of animal origin or plant materials, depending on whether they are exported from a country with any current known incidence of relevant animal or plant diseases. If animal and plant products are imported from a country that has a known disease, this is a considerable risk to our farming and horticulture sectors. Can the Minister reassure us that he is confident that such imports will be disease free? The noble Earl, Lord Caithness, also referred to this.

I am pleased that the devolved Administrations have been consulted, with the Scottish and Welsh DAs having given consent. I understand that the SI does not apply to Northern Ireland. Like many others, I am extremely concerned about what I am seeing happening in Northern Ireland, with food shortages and some empty supermarket shelves. I am being somewhat opportunistic in mentioning the crisis in Northern Ireland; although it is not part of this SI, a situation has developed that needs urgent attention. Public confidence in the Government’s legislation post Brexit will be severely dented by what people see happening in Northern Ireland due to border controls.

Annexe 2 lists 30 operable amendments made by this instrument to EU exit legislation. I can see many old friends in that list. Many relate to products for human consumption. In the past, lax regulation of animal feedstuffs has led to some catastrophic disease outbreaks—I refer, of course, to BSE. We have learned many lessons along the way, but it is easy to relax rules, thinking we are safe, only to find that some unknown variant has crept back in through the back door. I ask the Minister: are there similar restrictions on the import of foodstuffs destined for animal consumption to those that there are for food destined for human consumption?

I turn to the plant health amendment regulations, which also deal with import controls from third countries. New plant health passports needed for qualifying Northern Ireland goods sent to the UK will apply only one way. Can the Minister say why plant passports are not needed for goods going in the opposite direction? The noble Baronesses, Lady Fookes and Lady McIntosh, touched on this.

Now that we are in a different regulatory and legislative regime, there is much that concerns us about how rules we have been used to relying on are being somewhat arbitrarily changed. The lifting of the ban on neonicotinoids to assist the sugar beet growers is one such example.

I know the Minister has long been an advocate of bees, and he will have his own personal views. It must therefore be difficult for him to feel any great enthusiasm for the change that the Secretary of State has made, and I would be interested to hear how he has managed to reconcile this dichotomy.

Friends of the Earth, which was referred to earlier in the debate, is concerned about the lack of transparency and access to information. The UK Plant Health Information Portal does not offer transparent or up-to-date information on the activities of the UK plant health risk group, as mentioned by the noble Baroness, Lady Bennett, and the noble Lord, Lord Rooker. This is a serious issue for those who wish to have access to this information. Can the Minister say why this is and whether the Government have any plans to rectify this omission?

I look forward to the Minister’s response to all the queries raised this afternoon. These SIs, although apparently minor, are important. On that basis, I am happy to see them approved.

Environmental Land Management Schemes

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 14th December 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, I am a supporter of pastoral farming and can certainly confirm that the work we are doing, particularly the national pilot and the tests and trials, is to ensure that the payments will be fair but also attractive for farmers to take up on a wide participation. Clearly, our environmental goals cannot be achieved unless there is wide participation.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the Government are rightly setting great store by the environmental land management scheme to protect and enhance the countryside, and to increase biodiversity. However, the NFU has begun a surreptitious campaign to relicense the use of neonicotinoids on farmland. This tactic is not likely to encourage the public to support the NFU’s “Back British Farming” campaign. Does the Minister believe that the NFU campaign is in line with the government’s ELMS biodiversity agenda?

[Lord Gardiner of Kimble (Con)]

My Lords, as to any consideration in emergency cases of neonicotinoids, we are always guided by the best scientific assessment available. We will continue to do that and if there was an emergency application, it would be considered according to the science. Obviously, integrated pest management and all those things is another area where advancing the environment is absolutely key.

Agricultural Transition Plan

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 8th December 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I start by declaring two interests—at Rothamsted agricultural research institute and as a member of the South Downs National Park Authority, which is involved in several of the tests and trials.

To those of us who sat through the many hours of debate on the Agriculture Bill, the premise of this Statement is very familiar. As we have said many times, the shift from payments made on the basis of land ownership or tenure to payments for improved environmental performance and other social benefits is very welcome. I am sure that the new levels of detail contained in the transition plan are appreciated by those directly affected. Given that we voted to leave the EU in 2016, I am inclined to say, “What took you so long?”.

The Minister will be all too aware of the criticisms from the farming community that these details have been published only three weeks before they are due to take effect. Although the Minister talks about a seven-year transition, the confirmation of an immediate cut in basic farm payments from 1 January 2021 is a bitter pill to swallow, so I would like to probe this decision in more detail.

The transition paper spells out a minimum cut of 5% in subsidies next year, but the opportunity to reclaim these payments does not kick in until 2022. The Statement talks about wanting farmers to come with us on a journey, but this seems the wrong way to go about building their good will towards the huge upheaval necessary to deliver the transformation. Why do the Government feel that this payment gap is necessary? Have they done a risk assessment on the number of farmers who will be unable to operate with this reduced income? Will there be any financial compensation as part of the resilience package for those whose livelihoods are threatened? How will the £170 million saved by this cut in the first year be reallocated? What proportion will be available in 2022 for individual farmers to claim through the sustainable farming incentive?

Between 2021 and 2024, a total cut of 50% in basic farm payments is proposed. The NFU projects that livestock farmers will have lost between 60% and 80% of their income as a result of these reductions. Can the Minister assure us that, during this period, equivalent payments will be accessible to those who are willing to embrace the philosophy of the new schemes? When we will see the details of these schemes, so that farmers can be reassured that it can work for them on their farms? Is it intended for there to be a variety of projects of different lengths and complexities, so that all landowners and tenants will have the opportunity to make the positive difference to which we all aspire? Can the Minister assure us that any money that is not spent in year one, before the schemes are fully implemented, will be rolled over for payments the following year and will not go back to the Treasury?

I also want to ask about the impact of devolution on these measures. This is an England-only proposal, as agriculture is a devolved matter. As we know, the devolved nations are drawing up their own proposals to maintain more financial support for their farming communities. This could have a detrimental effect on the price of English livestock and arable produce compared with their Welsh and Scottish counterparts.

In his response in the Commons, George Eustice said:

“We will set up a joint group across the UK to do market surveillance, to ensure that there is not disturbance to the internal market and to share ideas on what works.”—[Official Report, Commons, 30/11/20; col. 42.]


Does the Minister agree that this sounds far too complacent for an issue that many people fear is an immediate and escalating danger to market access and price stability for English-grown food?

Finally, I want to ask about the ultimate goal of this transition. The Government’s press release states:

“These changes will be designed to ensure that by 2028, farmers in England can sustainably produce healthy food profitably without subsidy”.


Will this mark the end of subsidies for English farming? Is this the future of farming, predicated on a free market principle that you can compete in the market on price or you will not survive? What will this mean for UK farmers competing in a global market where the majority of their competitors, including obviously the EU, continue to receive farm subsidies? Also, what is the strategy for upland farmers, who will struggle ever to make a profit but who represent an iconic part of rural life? What are the implications for our food policy if the race to the bottom on costs becomes the driving principle?

I fear that the consequences of these proposals will be the end of small family farms and the rise of big corporations farming on a grand scale. They may indeed deliver some environmental benefits, but they also risk changing the nature of farming and the rural community for good in ways that I do not think we envisaged when we were debating the Agriculture Bill not so long ago. I hope that the Minister can persuade us that there is a plan for long-term financial support for those delivering environmental outcomes way beyond 2027 and that profit in the long term will not be the only measure of success. I look forward to his response.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome the Statement on the agriculture transition plan. There is much to be commended in the document, which sets out some of the detail that was absent from the Agriculture Bill. However, it is clear that many aspects of the plan are still in a state of flux and are being worked out as the implementation begins.

The document covers the period of 2021 to 2024, although the changeover from direct payments is scheduled to run for seven years. Farmers have been heavily dependent on area-based subsidies and it is welcome that these will reduce on a gradual basis. Next year, the reduction in basic payments of £30,000 will be 5%, followed by a further 15% reduction in 2022 and 2023, and 50% by 2024. For those with payments of over £150,000, the reduction will be 70% by 2024. This is a significant reduction and it is unclear whether it will be replaced by the three components of the Environmental Land Management scheme, especially since the landscape recovery component will not commence until 2024.

Can the Minister reassure us that farming incomes, which will become increasingly dependent on environmental measures, will be capable of sustaining both farmers and their families? I welcome the fact that all farmers will be eligible to apply for the first component of the sustainable farming incentive scheme. This is a step in the right direction in order to gradually introduce some farmers to the Government’s environmental agenda. However, there is no detail of how this will reward family farmers financially. The move by the Government to make all farms financially viable by the end of the transition period will need to be monitored very carefully, as some will see it as a leap of faith in the dark.

There is considerable mention of the environmental measures for which the Government will provide payments, including establishing animal health and welfare pathways. However, there is very little in the document that relates to food. Moving farmers from their previous way of working to a new environmental basis will be successful only if they are also able to produce food, whether in the form of animals or horticulture. Does the Minister agree that food production needs to be at the forefront of the reason for agriculture?

I welcome the scheme to help farmers who wish to exit from agriculture. Can the Minister give details of what the payments will be for this section of the scheme? Will it be funded from the £1.8 billion earmarked for agriculture over the next three years? Can he give reassurances that the land and farms thus released will be reserved for new entrants into farming? If the Government’s aim to transform our agriculture is to be realised, it will be vital that new entrants are given first preference for the farms of those who are exiting the sector.

The Government are clearly still at the development stage of their thinking on environmental land management reforms, and they promise to adapt the components as they go along. If some do not work, they will be altered and amended to improve them. This is to be welcomed but it does not provide certainty for farmers. Farming is not a short-term activity; it takes planning ahead and capital investment. The Government are looking to the private sector to help to finance some of their components, but the private sector is unlikely to come forward if it feels that the Government may be likely to move the goal- posts half way through the scheme. Can the Minister give reassurance that the three components of the Government’s agriculture policy will be fully tested before farmers are asked to commit their livelihoods to them?

The Government expect the environmental land management scheme to deliver the benefits of England’s peat strategy by paying for sustainable peatland management and restoration. Can the Minister provide the House with some more detail on exactly how and when that will be achieved?

I turn to the tree health pilot. It is vital that we protect our iconic trees from pests and diseases, which have decimated our hedgerows and forests in the past. There is evidence that huge numbers of saplings have been planted without any real sense of how they will be cared for and nurtured into adult trees. Can the Minister give reassurance that the thousands of trees that the Government quite rightly want to see planted will be the correct indigenous species to the area in which they are planted? As many as possible must survive to become the forests that the country will need to reach its zero-carbon targets.

I welcome this transition plan and look forward to more detail of the schemes to come, and to the Minister’s response.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I declare my farming interests, particularly—as the noble Baroness, Lady Jones of Whitchurch, referred to—in a family farm. I therefore understand the importance of more detail. I also understand that change can be daunting, and therefore the importance of advice and guidance on what is a partnership. This will work only if the Government and other bodies working with landowners and farmers of all tenures and sizes, across the country, work together.

Although I am not permitted to repeat the Statement, I will say that my honourable friend the Secretary of State said:

“We want this to be an evolution, not an overnight revolution. That means making year-on-year reductions to the legacy direct payments scheme and simultaneously making year-on-year increases to the money available to support the replacement schemes.”


In a sense, that is my first response to the point about reallocation. It is very important that that is seamless. The first reduction is 5%, which is in the scheme because, very often, there are currency exchange rate fluctuations. That is precisely why, when it comes in in December 2021, there will be a range of other schemes and so forth, which I will elaborate on.

Among other things, there is more detail to come because it is absolutely essential that we co-design all of these schemes with farmers—the people who are going to have to work through them. That is why, picking up the point of the noble Baroness, Lady Bakewell, on new entrants and retirement, we want to co-design these schemes so that they can enable farmers who wish to retire to do so, but we also want to get it right for new entrants. The new entrants support scheme will therefore be developed as a co-design. We are working with organisations that have the capacity and interest to provide lasting opportunities; we want this to be a success to support the next generation. We will support the development of the detailed eligibility criteria through a consultative co-design process, starting by the end of 2020 and concluding by September 2021, with a view to introducing a scheme in, for instance, 2022.

It is very important to say that this is money within the agriculture budget, and it will be retained as part of the work that we want to do. It is money that we promised through our manifesto pledge and we will retain that amount of money.

The issue of uplands has obviously come up in our consideration of the Agriculture Bill. As I have said before, upland farmers are very well placed to benefit from environmental land management, which is going to be very important. In addition to other policies proposed in the agricultural transition plan, we are proposing a specific and time-limited package to support farmers and land managers so they can work with protected landscapes to deliver environmental outcomes. This scheme will deliver funding through the protected landscape bodies to support farmers—particularly upland farmers, 75% of whom live and work in protected landscapes —to make improvements in the natural environment and cultural heritage.

Clearly, long-term financial support under the productivity schemes, in reference to the farm investment fund, will be very important in incentivising and supporting the purchase of equipment, technology and infrastructure—for example, the farm equipment and technology fund and the farming transformation fund. We will work to help with on-farm water storage infrastructure precision. Agriculture equipment is also going to be so important in reducing chemicals and the impact on the environment.

Again, I emphasise the importance of food production, which will be an absolutely essential part, and will remain so, of this dual purpose. With 70% of land farmed in this country, we need to ask farmers to produce excellent food for us at home, and that will be assisted by the productivity grants that will start to come in next year. Work is under way on that and on ensuring that, in the long term, there is a very strong business profile for the production of food. If we remember, the fair dealings provisions that we worked on together also play their part in ensuring that farmers get a fair price and a fair deal for their products.

I think that the interconnection of the environment is an important feature. There are three components. We want a large proportion of farmers to join the sustainable farming incentive early on, as part of moving to the full rollout of ELM in 2024 and, before that, to national pilots. It is all to engage farmers in that work.

It is absolutely right to also mention the work that we are going to undertake on the tree health pilot. Again, eligibility is still under development. We know that we all benefit from trees, woodland and forestry. Eligible participants will be invited to apply for the pilot based on confirmation by the Forestry Commission of pest and disease issues on their land. If a land manager is eligible for a countryside stewardship tree health grant, they are unlikely to be eligible for a tree health pilot. We want to ensure that this makes a contribution, as all the ELM points are about more tree planting.

A point was made about the internal market. Another important element of the United Kingdom Internal Market Bill is that it will guarantee that companies can trade unhindered in every part of the UK. I have to say again that that Bill will not lower standards. The UK has some of the highest and most robust standards on goods in the world.

We have a strong future for agriculture and horticulture in this country, which have a dual purpose of food production and enhancing the environment. The work and responsibility of Defra is to ensure that farmers have the detail of the schemes. That is why work is already under way on codesigning them. Farming has a strong future, which we must ensure.

Agriculture and Horticulture Development Board (Amendment) Order 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 7th December 2020 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to these three statutory instruments and apologise for missing the briefing which he so kindly provided. The Agriculture and Horticulture Development Board (Amendment) Order 2020 is very short and concise. It moves the functions of identification, movement and health of animals and allocating identification codes from the AHDB to a new livestock information service, the LIS.

It is essential that animals should be able to move around and be accurately tracked. The LIS will make it much easier to track animals as they will all be on one database, instead of three separate databases under the current AHDB. However, if there are 165,000 keepers of farmed livestock and nearly 60,000 keep more than one species, that is a lot of livestock being combined from three databases into one. Has this database been fully tested? In other words: does it work? While it is extremely advantageous for farmers to visit only one database to look at their cattle, pigs and sheep instead of one for each species, it will be necessary that the computer systems work. Is Livestock Information Ltd a private company, or does it operate under the auspices of Defra? Track and trace for animals is vital to prevent disease outbreaks and controlling disease once outbreaks have occurred. Like so many things in life, if the computer system fails then chaos results. I would be grateful for the Minister’s reassurance on this point.

The Direct Payments to Farmers (England) (Amendment) Regulations 2020 ensure that farmers will receive their direct payments from January 2021 and set out financial ceilings used to calculate farmers’ direct payments. However, I could find no information on what these ceilings were in the actual instrument. As with a lot of statutory instruments, unless you have the original legislation in front of you it is very difficult to interpret what is proposed. The devolved Administrations have their own legislation which deals with these issues, so this SI relates solely to England. Can the Minister say whether after January 2021 all four Administrations, including England, will pay their farmers at the same rate for the same activities? If not, I foresee difficulties with cross-border trade.

The direct payment covers basic payments, greening payments and young farmer payments. It is my understanding that the direct payments are on a sliding scale and reduce over the period of the transition from CAP to ELMS, but there is no mention of this in the instrument, which states that the seven-year transition information is not covered in this SI. Where will this sliding scale of support under the withdrawal from direct payments be covered?

The Government have committed to maintain the same financial support for farmers as they previously enjoyed, at £1.8 billion annually. I am pleased to note that in future payments will not be made in euros, so farmers will not be subject to the vagaries of exchange rates. However, in paragraph 7.7 of the Explanatory Memorandum, the text states that the SI

“removes the need for recipients of Direct Payments to meet ‘active farmer’ requirements”.

What is meant by “active farmer”? Does this mean that an inactive farmer—one who no longer manages land or livestock—will receive a direct payment?

The World Trade Organisation Agreement on Agriculture (Domestic Support) Regulations 2020 ensure that the UK continues to comply with its obligations under the WTO Agreement on Agriculture, the AoA. This ensures reductions in its aggregate measurement of support, a key measure used by the WTO to assess domestic support for agricultural commodities. This SI also deals with UK obligations on “amber box” payments with trade-distorting effects, to which the Minister has referred. Defra says that this instrument specifies the amounts of amber box payments that may be given in each country of the UK; they are limited under the AoA, and the aim is to reduce them over time. The Secondary Legislation and Scrutiny Committee has published a paragraph on this instrument, which allows for each UK Administration to design and implement their own agricultural support schemes within an amber box spending envelope set by this instrument.

I would like to ask the Minister about the limits of support at Paragraph 4 of the instrument, which refers to how the total sum is calculated but does not give any indication of what the total will be. However, it states that England will get 49.2%, Northern Ireland 7.49%, Scotland 12.6%, and Wales 6.83%. This does not include the reserve. Are these percentages permanent or will they change each year? I assume these percentages are for the year 2021, but can the Minister please confirm?

The instrument also indicated that spending from the reserve may be used on amber box domestic support in a Crown dependency. Does this include all Crown dependencies or only some? I look forward to the Minister’s response to my questions and those of other noble Lords taking part in this debate.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

My Lords, after the noble Baroness, Lady Jones of Whitchurch, I shall call the noble Lord, Lord Bhatia, to speak.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 2nd December 2020 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for his extensive introduction and for his time and that of his officials in a briefing on these four statutory instruments—quite a number to be taking in a one-hour debate.

The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations deal with the operability of import controls, border controls and checking, with easements between January and July. The instrument is Great Britain-wide and consistent with EU regulations. It deals with a range of important changes to the agri-food chain, known as “sanitary and phytosanitary”—SPS—products. The SI does not change SPS import control policy but ensures that a robust import control mechanism is in place for imports into the UK, maintaining and improving biosecurity and welfare standards.

In annexe 2 of the Explanatory Memorandum, under paragraph 3, “Regulations revoked in this instrument”, at bullet point 4 the heading is “Commission Implementing Regulation (EU) 2019/530 designating European Reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids and phytoplasmas”. Can the Minister say, as this regulation is revoked, where, if anywhere, the insects and plant life will be listed and covered? Is there another SI that covers this area? I am particularly interested in nematodes. Perhaps the Minister can provide clarification.

Turning to the second instrument, the draft Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, consent has been received from Scotland and Wales to implement an identical SI. The SI was previously used for third countries. Products of animal origin—POAO—can pose a risk, including African swine fever. However, outside the transition period the country can have better control, including over importation of olive trees and preventing the importation of Xylella, which we debated last year.

From January 2021, importers of animal by-products and live animals will be required to pre-notify via GB’s new system for notification of imports: IPAFFS. From April 2021, importers of POAO will also be required to pre-notify via IPAFFS. This is likely to add to staffing costs in 21,600 firms. Can the Minister say whether there is an estimate of what those staffing costs are likely to be?

The Secondary Legislation and Scrutiny Committee noted:

“While the instrument proposes extensive amendments in this policy area over more than 18 pages … the Explanatory Memorandum provides limited explanation of the proposed changes”.


The SI itself is extremely complex and refers to numerous other statutory instruments which are being amended or deleted, as we have heard from other speakers. The Explanatory Memorandum really does not make any detailed comment about those. As I am not an expert in these matters, I feel somewhat at a disadvantage on this instrument, which does not provide legal clarity. The Government’s legislation website does not yet reflect all changes made. It is unclear in many cases if any errors or weakening have been introduced through combined changes. Can the Minister say at what point the Government expect the GOV.UK website to be bought up to date to reflect changes made by Brexit statutory instruments?

The third statutory instrument, the Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 sounds very much like a catch-all statutory instrument. This SI takes account of the Northern Ireland protocol and the movement of animals into Great Britain. This is an important SI as it covers several policy areas: seed, plant and plant propagating materials; aquatic animal health; transmissible spongiform encephalopathies and animal by-products; livestock zoonotic diseases; pet travel; and the use of alien and locally absent species in aquaculture, as the Minister already listed. From my previous contributions in Defra SI debates over the last 18 months, I understand something of most items on that list. I understand the use of alien species in aquaculture, which will include American crayfish. But I am afraid I do not understand what is covered by “locally absent species”. Are these species which are not alien to Great Britain but which may be alien to a particular area of Great Britain, as they usually live in a specific region? Can the Minister give an example of what this might mean?

I have questions on several paragraphs in the Explanatory Memorandum. Paragraph 2.7 talks about the transfer of zoonotic diseases from animals to humans. Presumably, this also works the other way around. Mink in Denmark spring to mind as an example of Covid moving from humans to animals. Paragraph 7.8 refers to pet passports, which allow UK-based owners of dogs, cats and ferrets to travel between EU member states and certain listed third countries. Given the similarity between mink and ferrets, does the Minister think it is currently safe for ferrets to travel out of the UK into an EU country and then return to the UK? Is there a restriction for those travelling with ferrets on visiting certain areas of Denmark?

The last SI, the draft Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020, includes provision for the Northern Ireland protocol. The instrument protects animals, people handling the medicines, consumers of produce from treated animals, and the environment. It is essential that animal welfare is high on the agenda, and the treatment of animals with veterinary medicines to relieve suffering and discomfort is important. However, this must be balanced with the impact and effect on the public consuming animal products.

During the pandemic we have become especially conscious of the effect of antibiotics. For some time, we have been aware that that overconsumption of antibiotics for minor ailments which easily heal themselves in a short time should be avoided. Overuse of antibiotics for minor conditions can harm our chances of relying on these drugs when we are seriously ill and desperately need their intervention.

Ensuring that antibiotics are not overpresent in animal products for human consumption is all part of essential management of veterinary medicines. Can the Minister give reassurance that this SI will indeed ensure that the maximum residue limits are not reached in foodstuffs? Can he also give reassurance that non-allowed pharmacologically active substances will not be found in foodstuffs? Can he clarify whether future UK rules on MRL levels will be as strong as or stronger than the current EU baseline as set out in the annexes of regulation 37/2010? Can he provide an update on the process of setting out relevant MRLs and other restrictions relating to the use of veterinary medicines in food-producing animals, and say whether this process will be complete before the end of the transition period?

These are varied and complex statutory instruments, but I am happy for them to be approved so that Great Britain and Northern Ireland can continue to operate effectively at the end of the transition period. I look forward to the Minister’s response to the questions raised and points made in this debate.

Rural Economy

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 26th November 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the County Councils Network has recently conducted work on the effect of Covid on the decline of the rural bus network. The Government are committed to a rural bus strategy, but will the Minister give assurance that consideration will be given to providing a range of passenger transport services to provide positive benefits to residents in rural areas?

[Lord Gardiner of Kimble (Con)]

My Lords, the Government have provided £220 million of new funding to support a better deal for bus users. This includes £20 million for the rural mobility fund to trial new on-demand services and to improve existing services in rural and suburban areas.

Farming: New Entrants

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 23rd November 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, one of the reasons the Government are reforming post-16 technical education to provide clearer routes into skilled employment in agriculture and other associated sectors is precisely to address the point the noble Lord has made. The other issue, as I will repeat, is that we want councils to retain and invest in their farm estates and for other landowners to take the opportunity of the new entrant scheme that we are developing because we think that this is a positive part of the future in agriculture.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, with the changes in funding arrangements for farmers, many of the older generation are thinking about retirement, and ensuring that there are plenty of opportunities for the younger generation to take over these farms will be essential. How are the negotiations promised during the passage of the Agriculture Act for nieces and nephews to take over farms is progressing? If nothing has happened so far, can the Minister update the House on when this will take place?

[Lord Gardiner of Kimble (Con)]

My Lords, so far as tenancy agreements are concerned, our first priority is to bring forward the regulations that are required following the Agriculture Act 2020 into modernising those areas of the tenancy regime that we think will be very productive. Once we have done that, working with the Tenancy Reform Industry Group, which engages with all parties, will enable us to bring forward any other changes with consensus.

Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 18th November 2020 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for his introduction to this group of statutory instruments and for his time in the briefing. The first instrument, as he said, relates to agricultural payments and is very much a tidying-up process. As the Explanatory Memorandum states, it was first debated in the Commons and should have been debated within 28 days in the Lords but, due to Prorogation and the general election, this was not possible, hence we are debating it today so that payments and other matters can move forwards smoothly after implementation day.

The regulations relating to the Northern Ireland protocol provide protection at the end of the transition period, and there is also continuity of certain rural development and CMO schemes after the transition period. How long are those rural development schemes likely to run into the future and how soon will they be assimilated into the environmental land management schemes, if at all?

The second SI deals with agricultural products and wine. Protected designation of origin, or PDO, and protected geographical indication, or PGI, are extremely important for producer and consumer confidence. It will be essential for the Secretary of State to use his powers to alter these with extreme caution. In particular, the geographical indications, or GIs, in relation to wine will need to comply with WTO obligations, as the Minister has already said.

While it might be tempting to rebrand fortified wine as amontillado or sparkling wine as champagne, I think the consumer would soon notice the difference. This would be a retrograde step, as our excellent English wines are able to compete under their own labels. Can the Minister confirm that marketing of our own-produced wines will be the main thrust of the Government in this regard?

The SI makes specific reference to imports of wine and quality policy. What are the arrangements likely to be for geographic indicators on exports? Are these covered in this SI, or will there be an additional SI for that purpose? GIs are of great importance to our wine and spirit producers as well as to those making products using milk.

The third and fourth SIs are again needed to ensure that the Northern Ireland protocol can be implemented. Would it be premature to ask the Minister just how many SIs that relate to ensuring the Northern Ireland protocol is safeguarded we will debate before the end of December? It would be useful to know.

In relation to the fruit and vegetable producer organisation aid scheme, the Explanatory Memorandum states that groups of growers will still be able to come together with the aim of planning production, concentrating supply and making them stronger in the marketplace. The Minister may have answered this, but I shall ask him again anyway: is the transnational producer organisation likely to interfere with this process?

Provisions for the import of hops and hop products are to be amended to align with the border delivery model. What proportion of hops used in the brewing industry in the UK is imported from third countries and what proportion is grown in the UK? Originally, EU forms and certificates from third countries were to be accepted for two years. However, this period has now been shortened to 1 July 2021. How will that affect the UK brewing industry?

On chicks and hatching eggs, can the Minister say which third countries are importing these products into the UK? I also have concerns about the use of optional indication certificates for poultry meat imports, as Defra has stated that we do not currently enforce poultry meat marketing standards. I understand that this relates to labelling as to the method of rearing, such as “free range”. However, many third countries do not have the same stringent animal welfare standards as the UK. I feel certain that consumers will want to be aware of these imports.

Lastly, I refer to paragraphs 2.6 and 2.12 of the Explanatory Memorandum to the miscellaneous amendments regulations, which refer to imports of beef and veal from third countries. It may be that the third countries referred to are the same as those which import chicks and hatching eggs but, again, I ask the Minister which they are.

As the Minister said, the Secondary Legislation Scrutiny Committee has drawn these matters to the attention of the House as it believes they are of considerable interest to the public at this time, especially as the poultry meat marketing standards are currently not being enforced and as a 12-month transitional period is needed to enable the future import regime and associated checks to become operational. I agree with the committee’s view.

I am happy to support the four statutory instruments but look forward to answers to the questions that I have posed to the Minister.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords & Ping Pong (Minutes of Proceedings): House of Lords
Thursday 12th November 2020 Lords Chamber

I believe we now have a pretty good road map for our fishing future. We have the opportunity to set off in a new direction and I hope be a model to the rest of the world, where, all too often, fisheries are overfished to the detriment of the marine environment. We, the non-government Peers involved, did not get all we wanted from the Bill, and we have had to trust the Government across a range of issues in the hope that they will actually deliver. But I sincerely hope and believe that, if the Government do stick to their commitments, the way forward mapped out by the Bill will enable us to maintain a flourishing fishing industry without, most importantly, compromising the opportunities of future generations.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I thank the Minister for his extensive introduction to this group of amendments, and for his time and that of the Secretary of State and his officials in providing a briefing. He has given reasons for why amendments in this group cannot be accepted. However, I regret that I find it difficult to accept the Government’s arguments.

We spent many hours and days debating the Bill, with contributions from all sides in an effort to improve it, preserve our fishing stocks, protect the economy of our coastal communities and give our fishermen an income which will sustain them into the future. That is not an easy task but, at the end of the day, if we do not protect our fish stocks, we will have received no economic or social benefits for either the communities or the fishermen.

Fishing must be conducted in a sustainable way and the environment must be protected. We are all aware of the severe challenges faced by our coastal towns and villages during the six months from October to March each year, when the tourists and second homeowners visit less frequently, and in some areas not at all. Coastal communities that attract thousands of visitors during the spring and summer months know that it is often the sight of the fishing boats in the harbour which are the draw.

However, unless fish stocks are preserved and sustained into the future, there is a very real threat to the prosperity of these communities. A smash-and-grab approach, whereby fish are taken over and above the maximum sustainable yield for short-term economic gain, will not produce the results needed. Transparency, as the noble Lord, Lord Krebs, has indicated, is absolutely key.

Motion 1A, in the name of the noble Lord, Lord Randall of Uxbridge, is simple: sustainability is a must for ever. Is “the long term”, in the view of the Government, three years? Is it 10 years? It must be stretching into the future. Just what does “long term” mean? It is not acceptable in 20 years’ time for our grandchildren to say, “What is cod? What does it look like? What does it taste like?” I choose this species as it is the most widely available on fish counters today and in fish and chip shops, but it could be any species—skate, hake or haddock. The noble Lord, Lord Randall, makes very pertinent points about the invisibility of fish. Despite international commitments to end overfishing by 2020, only 58% to 68% of UK fish stocks for which data is available are currently fished at sustainable levels. This means that between 32% and 42% are overfished and not sustainable.

Motion 1B in the name of the noble Lord, Lord Krebs, similarly presses the need for environmental sustainability. We know from previous discussions that the Government believe that sustainability is only a third of the basis for their fishing policies, with economic and social factors being on a par—a three-legged stool. This is a false premise on which to go forward; it will not protect fish stocks. Once fish stocks have depleted there will be no economic or social benefits. Sustainability must be the overarching consideration. The noble Lord, Lord Cameron of Dillington, has spoken knowledgeably about the allocation of quota, and the bun-fight when it is distributed.

It is regrettable that the Commons has not sought to include and support Clause 18 for a national landing requirement. Similarly, it had rejected Clause 27, which would have ensured fishing opportunities for new entrants and boats under 10 metres. There is, therefore, little hope for those young men and women living in coastal communities who wish to make fishing their way of life. There is now no mechanism for them to plan for such a future; this is extremely short-sighted. As more mature fishermen retire, it will be essential to encourage younger people into the industry. Can the Minister say what measures the Government intend to put in place to encourage new entrants into the fishing industry?

Amendment 14B, in the name of my noble friend Lord Teverson, seeks to install remote electronic monitoring systems and cameras on all over-10-metre fishing vessels, including those fishing outside the UK EEZ. This would be phased in within the next five years after passing the Bill. His timetable is not unreasonable: he asks not for this to happen next year but for a phased implementation. The government consultation on the implementation of REM is to be welcomed. It is essential that robust and verifiable data is needed to support well-managed, accountable and sustainable fisheries. Trials of REM on UK vessels have already illustrated the benefits of this technology as a valuable monitoring tool.

So why is it so important to have this on the face of the Bill and not wait for the results of the government consultation? The NFFO policy statement is that Brexit provides an opportunity to take back control of UK fishing: control access to UK waters and ensure that UK fishermen get a fair deal on quotas; revive coastal communities, bringing immediate and long-term opportunities; and grow the UK’s industry as a world leader in sustainable fisheries management. It is not wrong—this is a once in a lifetime opportunity. However, it is the methods that it wishes to follow to achieve this which are flawed. On the subject of MSY, it believes that:

“Setting quotas in mixed fisheries for sustainable fisheries management … will not be helped if there is a legal requirement that elevates MSY above all other factors and an immoveable rigidity is introduced into fisheries management.”


MSY is key to sustainability of our fish stocks.

The NFFO is similarly

“against the blanket introduction of REM as this would raise a range of ethical, legal and practical questions that so far remain unaddressed”.

I am at a loss to understand what the ethical questions might be. One thing is very clear: introducing REM will leave no doubt in anyone’s mind as to what has been caught, where and what, if anything, has been thrown back, and where the catch is landed.

The noble Baroness, Lady McIntosh of Pickering, has supported my noble friend Lord Teverson in this eloquent amendment, as have other Peers. We wait to see what the result of the REM consultation will produce but, as my noble friend said, this was a once-in-a-lifetime opportunity, and I deeply regret that we have not grasped it with both hands. Yes, there would have been difficult decisions, but now is the time to make them, not put them off for another day. I support all three amendments, which are absolutely vital for the future of our fishing industry and fish stocks over the next 30 years.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his letter setting out the Government’s reasons on these amendments, and also for the very helpful meeting with the Secretary of State and advisers earlier this week. However, we remain disappointed with the Government’s response. We believe that the substance of our original amendments was sound and a constructive improvement to the Bill. Having read Hansard for the Commons considerations of our amendments, I would say that we won the arguments even if we did not win the votes.

Of course, there is a particular irony in that, from the outset, we were told that we could not amend this Bill as it was a done deal with the devolved nations that could not be unpicked, yet here we are considering 101 government amendments that have been tabled since our amendments were opposed for that very reason. We will consider the merits or otherwise of the government amendments in other groups, but I want to say something more about our amendments at this stage.

First, on sustainability, I do not think that we will ever agree on the need for environmental sustainability to be paramount. The Minister knows the strength of feeling in the House on this issue. It was not helped by the argument he originally put forward that we should welcome the arrangements because they merely replicated those in the common fisheries policy, which, as noble Lords will know, has led to depleted stocks, whereby just over half of UK fishing stocks are fished at sustainable levels. As the noble Lord, Lord Teverson, said, leaving the EU was the one opportunity to make a dynamic difference to the sustainability of our fish stocks, and it feels like the Government have failed to grasp that vision and make it a reality.

Nevertheless, I welcome the commitments in the Minister’s letter to build sustainability into the pilot schemes for the fisheries management plans and to increase protections for the marine protected areas. However, there is clearly a great deal more to be done to demonstrate environmental sustainability in action and to persuade us that there has been a break with the discredited practices of the past. This is why I support the amendment in the name of the noble Lord, Lord Krebs, which would require the Secretary of State to report to Parliament on how the economic, social and environmental objectives are being balanced by the fisheries policy authorities. We would then be in a better position to judge the Government’s real determination to deliver change on this issue and there would be the transparency that we all seek. As has been said, the noble Lord, Lord Krebs, has been tenacious in pursuing this issue, so I am pleased that the Minister was able to provide more detail in his opening comments on how the fisheries management plans will work and how the three-legged stool will be balanced so that we can hold local fishing communities to account for achieving all aspects of sustainability.

I also welcome the amendment in the name of the noble Lord, Lord Randall. He is quite right to point out that environmental sustainability should be not just a long-term objective—or, as he put it, “jam tomorrow”; it should be for the here and now, in response to the immediate crisis, rather than a distant and worthy goal. That is the point that my noble friend Lord Hanworth echoed. It seems like a simple but important amendment and I hope that the Minister will recognise the strength of the concerns raised today on this issue. Like the noble Lord, Lord Randall, I was not sure about the argument that coastal development might impact on short-term sustainability. I am sorry that the Government did not feel able to take this simple amendment on board, but I hope that the Minister was able, in his comments, to provide sufficient reassurance to the noble Lord, Lord Randall, that it will, in practice, be both a short- and long-term objective.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, noble Lords will be aware that we have worked closely with the devolved Administrations in the development of the Bill. This has led to various requests from them for additions to the Bill, many of which could otherwise have been made under their own legislation. The department’s preference is to be collaborative and constructive when working with the devolved Administrations. Given the pressure that parliamentary timetables are facing it was felt that, in this spirit of co-operation, the Government should make these changes for them. These amendments support a collaborative approach to fisheries management across the UK.

We have waited until now to make these changes as we wanted to ensure that the devolved Administrations’ legislative consent processes had been successfully completed before tabling some of these amendments. It was not until Report in the other House that all three DAs consented to the Bill, allowing for the other place to agree a package of amendments relating to the DAs. The amendments relating to the devolved Administrations’ functions can be divided into seven themes, and I shall explain what each theme does.

At the request of all three Administrations, Amendment 10 and consequential Amendments 23 and 40 will enable a sea fish licensing authority to exercise fisheries and related product movement functions on behalf of another such authority. This would facilitate arrangements for one Administration to become a single point of contact for the fishing industry, or to deliver a speedy process on behalf of the other Administrations. This could be used, for example, in relation to verifying catch certificates. Consequential Amendments 6, 15 and 16, 18 to 20, 41, 69, 71 and 75 move definitions so that they apply across the whole Bill.

Turning to technical SI extensions to foreign boats, the Scottish Government and the Department of Agriculture, Environment and Rural Affairs, or DAERA, requested that we extend technical fisheries management measures in some of their secondary legislation to foreign boats, as provided for in Amendment 39. Amendments 29 to 38 make consequential changes to Schedule 4 as a result of Amendment 39. These regulations help protect vulnerable stocks, for example by prohibiting the catching of undersized fish. This is in line with our policy of ensuring that any foreign boats given access to UK waters comply with restrictions that apply to UK boats. Similar provisions have been made in Schedule 2 for England and Wales statutory instruments. Noble Lords will understand the pressures of getting the statute book updated in readiness for the end of the transition period. It would have been very challenging for the Scottish Government and Northern Ireland Executive to have delivered these changes to secondary legislation themselves.

As for procedural changes, at the request of the Scottish Government, Amendment 43 and consequential Amendment 25 confirm that orders made under Section 22A of the Sea Fish (Conservation) Act 1967 can be made under the negative procedure, which is not clear under the current drafting. At the request of Scottish Government lawyers, and following advice from UK Government lawyers, these changes are applied retrospectively to remove any uncertainty about the effect of existing Scottish statutory instruments.

Turning to Wales, the definition change and Senedd competence, Amendments 12 and 24 reflect a change requested by the Welsh Government to the definition of “Wales” in primary legislation, consequential on the extension of Welsh competence provided by the Bill in relation to the offshore zone. Additionally, Amendments 7 and 73 clarify that where the Senedd has legislative competence, subject to the consent of a Minister of the Crown, Welsh Ministers will also have equivalent executive competence, subject to the consent of the Secretary of State. Amendment 72 clarifies that the scope of the Welsh Ministers’ powers to make regulations under Clauses 36 and 38 is specific to sea fishing.

Regarding DAERA marine powers and other technical changes to Schedule 10, Amendment 85 and consequential Amendments 86 to 88, 90, 91 and 93 to 96 provide DAERA with the power to manage fishing activity in the Northern Ireland offshore region for the purpose of conserving the marine environment. Similar provision for England and the other devolved Administrations is in Schedule 10. At their request, we are also making minor changes to the powers of the Scottish and Welsh Ministers in Schedule 10 in government Amendments 80 to 84, 89 and 92. These include changes to the parliamentary procedure for some orders and adding time limits to emergency orders made by Scottish Ministers.

In conclusion, I am pleased that the devolved Administrations have now consented to the Bill, which is an excellent example of collaborative working. I hope noble Lords will appreciate the need for this package of amendments agreed to in the other place, which supports the alignment of fisheries management across the UK. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I am grateful to the Minister for her introduction to this hefty group of amendments. These amendments deal with requests from the devolved Administrations, as she said. Most are consequential on four main amendments. Like the noble Baroness, Lady Jones of Whitchurch, I am interested in the way the devolved Administrations have amended the Bill, when during our debates in Committee and on Report we were told that there could be no amendments that might affect the devolved Administrations.

The main amendments are Amendments 10, 12, 39 and 85, alongside a raft of minor drafting amendments. Amendment 10 and the amendments consequential on it—Amendments 15 and 16, 18 to 20, 23, 40 and 41, 69, 71 and 75—provide arrangements for a sea fish licensing authority, which is the Scottish Ministers, the Welsh Ministers, the Northern Ireland department and the MMO. We support these. Amendments 12 and 24 are consequential on Clause 43 and relate to the interpretation of the Welsh legislation, in both English and Welsh, and to the offshore zone, subject to the Secretary of State’s approval.

Amendment 39, which is extremely important, inserts legislation relating to several regulations affecting shellfish, scallops, sharks, skates and rays, razor clams, et cetera, in Scotland and Northern Ireland. Amendments 29 to 38 are consequential on Amendment 39. The fish and shellfish in the list in this amendment are nearly all endangered in one way or another, and it is important that there is transparency over their protection and that they are not overfished or taken undersized, as the Minister said. The list is extensive; as it is at the request of the devolved Administrations, we are happy to support these amendments, but we make the point that these fish and shellfish need to be sustainable and their stocks carefully monitored.

Amendment 85 and consequential amendments insert new powers into the Schedule for the Northern Ireland department relating to exploitation of sea fishery resources in its offshore region. This also includes consultation with the Secretary of State, the MMO, and Scottish and Welsh Ministers. Consultation has risen rapidly up the fishing agenda on a range of matters, and consultation with the devolved Administrations is essential. The sheer number of amendments we are debating today indicates that some of this can be very last minute—that is a bit of a danger. However, there are legitimate reasons for these amendments and for them being so late, so we support them, albeit at a somewhat late stage of the process.

[Baroness Jones of Whitchurch (Lab)]

I intend to speak quite briefly, but first, I thank the noble Baroness for her explanation of these changes. Having looked at the small, technical amendments in this group, I do not have a problem with them, but I return to the issue of devolution in the broadest sense. I raised earlier the issue that the noble Baroness, Lady Bakewell, raised: because it has now been raised several times, it would be helpful if the Minister would explain why we were told that the Bill was a done deal with the devolved nations and could not be amended, when it seems, quite understandably, that negotiations have been ongoing, as evidenced obviously by the amendments before us today. It leaves a slightly sour taste because it feels as if we were slightly misled about the process that was taking place. Can she clarify that for us?

--- Later in debate ---

[The Deputy Speaker (Lord Lexden) (Con)]

Does any other noble Lord in the Chamber wish to speak? No. In which case, I turn to those listed for the debate and call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Pannick. Motion 22A, tabled by my noble friend Lord Beith, which would leave out Clause 52, deals with the PEC, or permissive extent clause, which affects the Crown dependencies in unusual circumstances and protects the UK against any part of it breaking international law, which would affect the whole of the UK. Other noble Lords have spoken very eloquently about this. My noble friend Lord Beith has set out extremely well the case for deleting Clause 52, and we have also heard from other noble Lords on this subject. It would seem extremely high-handed of the Government to introduce the PEC against the wishes of the Crown dependencies of Guernsey and Jersey.

The noble Lord, Lord Anderson of Ipswich, has spoken from his personal knowledge of the law of the bailiwicks of Jersey and Guernsey, and other Peers have also spoken knowledgeably to Motion 22A. The Bailiwick of Jersey has written to Peers stating that the use of the PEC in relation to the Crown dependencies is extremely rare and fundamentally based on the established principle of prior consent. In this instance, both Jersey and Guernsey have consistently made it plain to the UK Government the islands’ position that the PEC is an unnecessary, unwanted and disproportionate measure.

The Bailiwick of Jersey does not consider that the UK Government have yet put forward a credible argument as to why the PEC is necessary in Jersey’s case, and I very much agree. Jersey already possesses the ability, under the Sea Fisheries (Jersey) Law 1994, to give effect to any legal obligations related to fisheries management within its waters. The UK Government have not been able to provide any previous precedent or reasonable scenarios in which Jersey’s current regime could be considered insufficient.

In their letter to the noble Baroness, Lady Taylor of Bolton, on 2 November, the Government state that they have been trying to reach an agreement over the last 10 months. Not to have reached an agreement over this period is no excuse to impose the PEC on reluctant Crown dependencies.

The Channel Islands All-Party Group has also written expressing considerable concerns about this matter. My noble friend Lord Chidgey, who cannot be present this afternoon to make his own contribution, is similarly concerned about the legal implications of the UK imposing the PEC on Guernsey and Jersey.

Agriculture Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Consideration of Commons amendments
Monday 9th November 2020 Lords Chamber

With this Bill, food will be produced in a more sustainable way, working with the grain of nature, respecting biodiversity, protecting the environment and recognising animal welfare. Farmers can continue to receive the support they deserve for their expertise. There will be no need to press our amendment. We will work together, with the Government and the countryside, to bring all this to fruition.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction and for his time, and that of his officials, in briefings. I will speak to Amendment 18H. I welcome the Government’s concessions, which are extremely helpful and go a long way toward meeting the concerns of this House. However, I regret that they do not go quite far enough for the Liberal Democrat Benches. I agree with the contribution from the noble Lord, Lord Grantchester, and support many of his comments.

The Government’s amendment suggests that they may be able to permit imports of products that do not meet our stringent standards, when they merely report to Parliament that they have done so. This measure therefore falls substantially short of the protection of British standards that animal welfare organisations, farming bodies and the British public expect the Government to guarantee, as they committed to in the 2019 Conservative Party manifesto.

I am concerned, in particular, with labelling, which can be misleading at best. I support the need for trade with developing countries and countries that do not currently have the same standards as we have in the UK, but it must be clear to the UK consumer where the produce has come from and what its journey has been. If I buy a bunch of roses, I want the country of origin to be clearly labelled. I may choose to buy a more expensive bunch of UK-grown roses over one flown in from a warmer country. Once they have reopened, we will shortly be seeing poinsettias for sale in the shops. I will want to buy a poinsettia that has a plant passport attached; the House debated this issue last year.

The UK has detailed, species-specific legislation on pigs, hens, broiler chickens and calves, to protect their welfare on the farm and at slaughter. Many nations have regulations that are, generally, substantially lower than those of the UK; this can have a detrimental effect on our farming community. The Minister and the noble Lord, Lord Grantchester, referred to the importance of equivalence. The dictionary definition of equivalence is

“a state of being essentially equal or equivalent … ‘on a par with the best’”,

but this does not give the whole picture. It should be a negotiating objective for the Government to secure terms that provide for equivalence with standards applicable to domestic producers. Does the Minister agree?

It may well be that imported agri-food products will be equivalent in quality to those produced in the UK, but they may have been produced under very different conditions. I refer to the Danish pork industry, where sows are kept in crates and are not free to roam and grub around in the soil, as they are in the UK. Danish pork is currently imported and processed into sausages in UK factories, then labelled at the point of sale as being British pork sausages. There will, of course, be other similar examples but, in the interests of brevity at this stage of our deliberations, I will not bore your Lordships with a long list. I am sure that neither the Government nor the pork processing industry is deliberately attempting to deceive the British consumer, but our amendment seeks to address this type of practice.

Some 21% of UK-produced eggs are used as ingredients in various products, often in the form of whole egg powder. Would the currently proposed arrangements undermine the UK’s egg producers, who would find demand for their egg powder being replaced by cheaper imports? The government amendment before the House would apply to each of the free trade deals signed by the Government from 2021 onwards, but what of those that have been signed before that date? Setting the TAC on a statutory basis under the Trade Bill is a positive step forward, but it will fail to protect farm standards if the wider issues are not better addressed.

I realise that I am trying the Government’s patience but I hope that the Minister will be able to give reassurances. If he is unable to do so, I regret that I may well divide the House.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, the following Members in the Chamber have indicated that they wish to speak: the noble Lord, Lord Krebs, the noble Baronesses, Lady Boycott and Lady McIntosh of Pickering, the noble Earl, Lord Caithness, and the noble Lords, Lord Cormack and Lord Lansley. I call the noble Lord, Lord Krebs.

--- Later in debate ---

Moved by

[Baroness Bakewell of Hardington Mandeville]

At end insert “and do propose Amendment 18H as an amendment to Amendment 18C—

18H: In subsection (2) leave out “explain whether, or to what extent, the measures referred to in subsection (1) are consistent with the maintenance of” and insert “confirm that any agricultural or food product imported into the United Kingdom under the agreement will have been produced or processed according to standards which, on the date of importation, are equivalent to or exceed””

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am very grateful to the Minister for his response and for his many comments. I do agree that the Bill is in a much better state than it was when it came to us. The Government have made very significant amendments and I congratulate the Minister as well as the NFU and Minette Batters on the work that they have done to improve the Bill and food standards.

However, the point has already been made that we have not seen the amendments in the Trade Bill, and there needs to be a very close tie-in between the Agriculture Bill and the Trade Bill; the two Bills should complement each other. I have to say that, before we sign off the Agriculture Bill, it would be really helpful if we could see the amendment that is to be tabled in the Trade Bill.

I thank the Minister for his comments on equivalence, and I support trade with developing countries, but we need to make absolutely certain that that will not be at the expense of our own farmers, many of whom do not have large incomes but live on the breadline. We do need to get this Bill on the statute book as soon as possible; nevertheless, I am very concerned about the effect on some of our farmers and I would like to test the opinion of the House.