Agriculture (Delinked Payments) (Reductions) (England) Regulations 2025

Baroness Bennett of Manor Castle Excerpts

Wednesday 30th April 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, the noble Lord, Lord Roborough, suggested that there was broad support for his Motion, and I rise to broaden that support and offer the Green Party’s support for both these Motions. I have no personal interest to declare, but the Green Party declares its great concern about food security in the UK and the state of the countryside in what is one of the most nature- depleted corners of this battered planet.

The background to this issue is the CAP scheme area payments. The Green Party has always argued against them, saying that they were deeply flawed and that those with the broadest shoulders got the biggest shovels of cash, while smaller farmers and growers got little or, in too many cases, failed to qualify at all. Our countryside was trapped in a world in which the message delivered by a series of Governments was, “Get big or get out of farming and growing”. We had the Agriculture Bill, your Lordships’ debate on which I took a substantial part in. It aimed to focus on environmental improvements and, indeed, after the intervention of your Lordships’ House, acknowledged the importance of food production. The SFI was supposed to be the scheme delivering on the environmental side of that. As we have already heard at length—I shall not track back over that ground—it was literally slammed shut. Many different metaphors could apply, but that seems a good one to me.

Many farmers are now clearly in a profoundly unsustainable position financially. They are being pounded continually by the dominance of the supermarkets and multinational food companies and are being forced to produce commodities rather than getting a fair price for their products. My particular area of concern is horticulture, vegetables and fruit, which is crucial for food security and public health.

I am not sure whether anyone has referred to the National Audit Office, which said that delay in the rollout of new schemes had made it difficult for farmers to plan their businesses and created “widespread uncertainty and risk”. That is true of many areas of our society, but particularly our farmers: if there is no possibility of planning for the future, it is essentially impossible to farm.

I have one constructive point to make, and I hope that the Minister will be able to agree with me on this, or at least accept my suggestion. She may know that there is a fast-growing campaign for a basic income for farmers as a way of supporting small farmers and growers in particular to be agricultural producers. This aims to guarantee financial security; boost mental well-being and reduce stress; promote inclusivity, innovation and ecological stewardship of the land; and strengthen local food systems and public procurement. Will the Minister agree to have a look at the basic income for farmers campaign, and perhaps arrange to meet me and the campaigners?

[Lord Rooker (Lab)]

My Lords, I rise to make a brief intervention. I have absolutely no interests to declare and I have no criticism of my noble friend the Minister or the Minister in the other place, the Member for Cambridge. In fact, in 14 years in opposition, he was the only shadow Minister who ever contacted me to ask me to talk about my experience of Defra and MAFF during the new Labour years of government. He listened, and that was fine—it was good to do, and I have no complaints about that at all.

However, I am reminded of a time when, at that Dispatch Box in about early 2002, when I was on my third ministry and the first in this House, I said that, in my experience to that date, the Treasury had

“wrecked every good idea I have come across”—[Official Report, 16/4/02; col. 837.]

in government. Obviously, the Chancellor was not very happy about that. The fact is that, three ministries later, before I left government, I was thoroughly justified. We have a classic example of this tonight. I am in favour of the CAP going; I have no problem with that—I am a remainer, but that is not the issue. I am in favour of reform of the CAP but, to wreck a good idea, it takes the Treasury. I do not hold Ministers responsible for this at all.

The fact of the matter is that you go back through the memories on this issue. The Minister talked about diversification. I can remember a very senior official saying to me when I was at Defra—I left Defra in 2008, so we are going back a little bit—that they did not really pay much attention to a particular farmer in the Lake District because he was not a full-time farmer, because he diversified into writing. That was what was said to me—it was because he was not a full-time farmer. Noble Lords are obviously aware of who I am referring to.

It is only my respect for this House and our procedures that prevents me walking out, because I have not the slightest intention of voting to support these regulations. I understand the rules about fatal amendments, but the Government would have to pick it up and do it again—that is the reality. We have the power, but we do not use it; as a senior Cross-Bencher said recently, powers you do not use, you lose, so there will come a time when we do not have that. I do not intend to vote to support this, so I will do exactly what my friend from the gym, the noble Lord, Lord Cromwell, said and I will abstain on both amendments. I will not hang around during the votes; I shall go.

Beaver: Reintroduction in England

Baroness Bennett of Manor Castle Excerpts

Thursday 27th February 2025 Lords Chamber

Asked by

[Baroness Bennett of Manor Castle]

To ask His Majesty’s Government what plans they have to reintroduce the beaver in England.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, the Government recognise that beavers can benefit biodiversity, improve water quality and reduce flooding, among other things. However, beavers can also potentially cause damage to property and infrastructure through flooding and foraging. This means that reintroductions must balance the benefits and the risks, and be carefully considered and planned. Defra continues to work with Natural England to develop our approach to beaver reintroductions and management.

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for her Answer, although it is disappointing, given that the benefits of beavers in the UK are already very evident. I wonder if she is aware of the case in the Brdy protected landscape area in the Czech Republic, where beavers demonstrably saved the local government €1 million by putting a dam exactly where it needed to be to prevent flooding. Could not so many communities in England now be benefiting from that kind of protection at no cost?

Avian Influenza

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Tuesday 4th February 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

The noble Lord is absolutely right and, again, this is why I regularly meet with both the Permanent Secretary and the Minister at DAERA to discuss exactly these sorts of issues. We do not want any part of the UK to be at an unnecessary disadvantage. It is really important that we support egg producers and poultry producers in whichever part of the UK they are. I am certainly happy to discuss his suggestion with officials.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am sure the Minister is aware of the disturbing outbreak of H5N9 in the US where, for the first time, this variant of avian influenza has proved to be highly pathogenic. As a result, some 119,000 ducks have been killed on one farm. Given that H5N1 is also circulating extremely widely in the US—clearly out of control in animals, and with some human cases—are the Government working with and speaking to the US Government? No one is safe until everyone is safe, and the current situation with highly pathogenic avian flu in the US is deeply concerning.

Foot and Mouth Disease

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Thursday 16th January 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

It is probably helpful to explain the disease outbreak in Germany, in order to put it in context. The German authorities have put in place strict controls to prevent onward spread, and they are currently investigating the circumstances of the outbreak. They have put in very strict controls already: the herd at the infected premises and all susceptible farmed livestock within a kilometre of the premises have been culled; there is a three-kilometre protection zone and a 10-kilometre surveillance zone surrounding the infected premises, out of which no susceptible animals can move; and clinical examination, sampling and testing of susceptible animals in the zone is under way.

It is also important to point out that at the moment, it is just one incident and there have been no further incidents. Our Chief Veterinary Officer is in close contact with the German chief veterinary officer so that, if we get any further information, we can act accordingly.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am sure the whole House will join me in offering sympathy today to all the farmers who are fearing a repeat of the previous disastrous events. As the German Animal Welfare Foundation said, we are seeing a continual stream of animal diseases breaking out around the world, due to

“industrial farming and a globalised trade in live animals”.

Is this not a sad further reminder of the fragility of our global food system, which has huge implications for food and economic security, welfare and human health?

[Baroness Hayman of Ullock (Lab)]

It is important to point out that our animal welfare and husbandry standards are very high compared to many other countries. One role we can play is to encourage other nations to follow the example of our animal husbandry standards. Also, we have very clear controls at our borders to ensure that the meat that comes into our country is of a standard we would expect.

Flooding

Baroness Bennett of Manor Castle Excerpts

Tuesday 7th January 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Clearly, the Environment Agency does important work here. Of course, monitoring needs to be effective: otherwise, what is the point in doing the work? The Environment Agency provides regular reports for many applications. Regarding his suggestions, a review of the Environment Agency, alongside all other organisations within the Defra family, is currently being carried out by Dan Corry. As part of the Corry review, we should be looking at exactly what the different organisations should be responsible for and whether that is adequate or whether it should be looked at and changed.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I preface my question by noting with approval that the Minister finished her answers to the Front-Bench questions by saying that building higher only pushes water out. I am pleased that she acknowledged that.

We should look at the tone of this Statement and indeed of much of the discussion we have had thus far. The Statement says that improving flood defences and drainage systems is a priority. It sounds like how we were talking about this issue in the 20th century. Where has “slow the flow” gone? Where is the understanding that pushing water from one place very often pushes it on to another community, and pushing it from one space simply causes damage in a different one? Where is the discussion about nature-based solutions to hold water and release it slowly and gradually?

A number of people have raised the issue of flood plains. Do the Government recognise that the flood plain is not beside the river? The flood plain is part of the river.

[Baroness Hayman of Ullock (Lab)]

The noble Baroness asks what we are looking at beyond flood defences—the actual physical barriers. There was quite a discussion during the Water (Special Measures) Bill about natural flood management and the work we are doing and promoting in that area. She may recall that we amended the Bill to ensure that we looked at more natural flood management schemes—nature-based solutions, as she suggested. We are doing that not just through the Water (Special Measures) Bill; we have made a number of announcements on this issue because we see it as an important part of the long-term solution. We need to look at long-term solutions, particularly, as the noble Lord said, because of the climate change pressures. In a way, building a flood barrier is a short-term solution because we do not know how long it is going to last for, so we need to combine that with longer-term solutions. Recently, for example, some balancing ponds have been developed with a grant near where I live. That is the way forward: barriers and longer-term nature-based solutions hand in hand.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

The quality of soils is incredibly important, for all sorts of reasons, but the noble Baroness is correct that when you have better soil it holds more water. Grants are available through different routes such as the environmental land management scheme; for example, for soil improvement. I have also been to see a Rivers Trust project where it has improved soil qualities around a particular river and was able to demonstrate that the water was held better by the improved soil when there were flooding incidents from that river. We have the evidence that it makes a difference, and we are looking at it extremely seriously.

[Baroness Bennett of Manor Castle (GP)]

Since there is time, let me say that I visited Lancaster after it was hit by serious and major flooding. There was a lot of assessment afterwards of how the community had been able to cope. It was found that there were not the community structures—the organisations within local community groups, with people helping out their neighbours, et cetera. We have just seen one business owner in Leicestershire rescue someone from a flooded car when their life was in extreme danger. Often, communities are going to have to help themselves in this new climate emergency situation. Are the Government looking at how they can strengthen the many communities around this country that are at risk of being affected by flooding, so that they can cope with those crisis situations?

[Baroness Hayman of Ullock (Lab)]

I am sure the noble Baroness is aware that one thing we have been looking at as a Government is more devolution to local areas. As part of that, it is important that we look at how best we can support our local communities, because it is always those communities that pick things up when you have problems like this. Supporting local communities, whether that is our local authorities, our parish councils or our town councils, is a really important part of the work that we need to do.

Domestic Animals: Welfare

Baroness Bennett of Manor Castle Excerpts

Monday 16th December 2024 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Ongoing attacks show that we need to do more to protect the public from dangerous dogs. There has of course been a ban on XL bullies, which has been updated recently. That is there to protect public safety, and we expect owners to comply with all the conditions in that legislation. More broadly, we are working with enforcement agencies and animal welfare groups to help prevent further attacks by encouraging responsible dog ownership, addressing dog control issues before they escalate and using the full force of the law where needed.

[Baroness Bennett of Manor Castle (GP)]

My Lords, we have heard this afternoon the Government’s announcement on plans for substantial changes to local government. Of course, much of the enforcement of animal welfare regulations happens at local government level. Can the Minister assure me that Defra is fully involved in making sure that, whenever the changes happen, the animal welfare elements are maintained as a strong force in whatever new arrangements come in?

[Baroness Hayman of Ullock (Lab)]

I can completely reassure the noble Baroness that we are working very closely on a cross-departmental basis on any issues that cover more than one department’s interests. I am sure she is aware that I have a very strong interest in animal welfare and will be doing all I can to ensure that it is considered at every level.

Environmental Targets (Public Authorities) Bill [HL]

Baroness Bennett of Manor Castle Excerpts

2nd reading
Friday 18th October 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Lord, Lord Krebs. I thank him for bringing forward this terribly important Bill. I also thank Wildlife and Countryside Link, Green Alliance and Climate Action for their comprehensive briefings on it. This is not what you always see on a Private Member’s Bill, when you think of the weight of backing that represents.

To encourage the noble Lord, Lord Krebs, although there is no doubt that the graveyard slot means that we do not have the numbers we might have had, a recent headline from Scientific American noted that

“graveyards are surprising hotspots for biodiversity”.

So we can flower from this graveyard something rich, productive and great for the health and well-being of the country.

Ours is one of the most nature-depleted corners of this battered planet, as the public have increasingly come to understand over the past few years. There is a great deal of concern about the state of our rivers and seas, but there is also a growing understanding of the state of our peatlands, both uplands and lowlands. My social media feed sometimes seems to be entirely full of people desperately fighting to protect an ancient tree that is not only very valuable to a community but an absolute hotspot for biodiversity.

There is huge public concern to deliver on the Climate Change Act 2008 and the Environment Act 2021, but as the noble Lord has already set out, it is patently obvious that we are not seeing delivery. Any one Act of Parliament, or action, cannot possibly deliver that. This week I attended, along with many other Members of your Lordships’ House, an event focused on the much-promised land use framework, which is among the other things we desperately need. Also, our Treasury needs to be given not a target for GDP growth but something like the New Zealand living standards framework, so that the environment is at the absolute heart of everything it does.

None the less, as the noble Lord has already set out, we have a whole set of bodies which are absolutely crucial to getting us moving in the right direction, at least, for our climate and nature targets, but they are not currently equipped to do so. They do not have the statutory framework to make this happen, and that is essentially what the Bill provides.

Let us consider the evidence. Under two recent Governments we have seen new oil and gas projects, new roads, airport expansion, and the destruction of ancient woodland and the valuable trees I talked about. As a vice-president of the Local Government Association, I stress the importance of local authorities being properly resourced to play their full part. They are not, and the Bill would help with that. The Green Party offers its strongest possible support for the Bill.

--- Later in debate ---

[Lord Blencathra (Con)]

My Lords, I declare my interests as in the register. As an aside in relation to the previous Bill, as a former chair of the Delegated Powers and Regulatory Reform Committee, I published a report on the appalling abuse of delegated powers by all Governments over the past 30 years. It is just as well that I was not replying for the Official Opposition, because I would have probably supported the Bill in the name of the noble Lord, Lord Thomas of Gresford.

When the noble Lord, Lord Krebs, proposes something, we should all pay close attention because he speaks from a position of great authority. We have all had in the past 24 hours—at least, Conservative Members have—a note from the Chief Whip reminding us of the proper appellations and how we should address people in this House. In this House, we have noble and gallant Members and noble and learned Members. I always thought we should have a category of noble and expert Members, of which the noble Lord, Lord Krebs, would be the prime example. I recall a debate during the gene editing Bill, when the noble Lord was making some important but totally inexplicable technical point about DNA with the noble Lord, Lord Winston. It was inexplicable to every other Peer present, as we had no idea what they were talking about.

On this occasion, I think I understand the thrust of the noble Lord’s argument. I worry about overreach and that it may detract from the core tasks some of these public bodies have. That is the fourth reason I would worry about the Bill, not that I necessarily support the other three reasons; I have no objection to them in principle.

Take national parks, about which I know a little. Legislation which has received universal support over the past 75 years gives them two purposes: conserving and enhancing the natural beauty, wildlife and cultural heritage of the designated national parks, and promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public. I must say to the noble Baroness, Lady Willis, that the national parks do not have an economic objective. In fact, one of the criticisms many of the national parks make is that they do not have that economic objective in their powers.

We all agree that national parks and AONBs, now called national landscapes, need to do more to recover wildlife and biodiversity. I have lived in the Lake District national park for many years and, as the Minister will agree, it is just as devoid of wildlife as the areas outside it, unlike US national parks. Recognising that, Defra introduced the grant scheme for farming and protected landscapes. It offers grants to farmers, provided that they deliver on climate change and biodiversity goals. They must support nature recovery and mitigate the impacts of climate change. They must provide opportunities for people to discover, enjoy and understand the landscape and its cultural heritage. They must protect or improve the quality and character of the landscape or place.

I suggest that these remain in sync with the national park aims and that we need to let these develop. Indeed, I would urge the Government to expand them before imposing the requirements in this Bill. I also suggest that the national parks will be out of their depth in trying to assist in meeting a target for particulate matter or air improvement. On water quality, we shall probably debate amendments to the water Bill on sewage in Lake Windermere, over which the national park has no control.

On local authorities, this House made some substantial changes via the Environment Act 2021 to amend the NERC Act 2006 to conserve and, now, enhance biodiversity. A public authority must consider what action it

“can properly take, consistently with the proper exercise of its functions, to further the general biodiversity objective”.

That objective, set out in the Act, is

“the conservation and enhancement of biodiversity in England”.

Section 104 of the 2021 Act creates local nature recovery strategies, and 48 designated “responsible authorities” are now developing such strategies, covering every inch of England. Every nature organisation agrees that this will be the greatest boost to wildlife recovery in our lifetime.

Noble Lords may say that takes care of the biodiversity targets, but what about climate change, water and air? To that I would say that many of the organisations listed here do not have the ability or competence to assist in meeting those targets. We spoke about the problems of water quality at Second Reading of the Water (Special Measures) Bill last week and will debate it in more detail in Committee, but the only organisations that can improve water quality are the water companies, the Coal Authority, which has a specific obligation, the Environment Agency and Ofwat. I see that Ofwat is listed in Clause 2(2)(i) as a public body which must

“take all reasonable steps to meet the environmental recovery objective”.

I think there was probably agreement from all sides of the House last week that Ofwat has failed in its relatively narrowly defined key regulatory role, and no one would trust it with any responsibilities on climate change adaption, air quality and biodiversity recovery.

I would have similar concerns if we gave all local authorities the duties under this Bill to assist with all the targets on climate change and the Environment Act. My concern is that many local authorities with no expertise in the targets in this Bill would be diverted into doing this badly instead of the day job. As we have seen, many local authorities have gone off on woke tracks in recent years. If given these duties they will, I am certain, merrily employ climate change, air and water quality officers, and our dustbins will not get emptied regularly and recycling rates will fall further behind.

Let us look at Ofgem’s priorities. They are:

“shaping a retail market that works for consumers … enabling infrastructure for net zero at pace … establishing an efficient, fair and flexible energy system”,

and

“advancing decarbonisation through low carbon energy and social schemes”.

Ofgem is already on board with the net-zero targets and, I suggest, would be at a loss to assist with air quality and biodiversity aims.

Take Great British Nuclear, which was created in 2023, not 100 years ago. It has as its objects

“to facilitate the design, construction, commissioning and operation of nuclear energy generation projects for the purpose of furthering any policies published by His Majesty’s government”.

I do not think you can make a better contribution to net zero than that.

I will not go through all the 28 organisations, but a final example is Network Rail, which has as its objective

“to get people and goods to where they need to be, and in turn to support the UK’s economic prosperity. Our role is to run a safe, reliable and efficient railway, serving our customers and communities. We oversee the running of the railway as an entire system and work closely with train operators to deliver train services as safely, reliably and punctually as possible. We lead the industry’s planning for the future of the railway, and we’re committed to a sustainability agenda”.

I say that with a straight face. I think we all have views on how well Network Rail has fulfilled its primary purpose, and I would dread to see it having the slightest responsibility for net-zero or biodiversity objectives.

I am glad that this building is not included because I have counted six oil heaters trying to boost the heating in this building, as our 150 year-old steam generators are not quite working yet. I am not sure what contribution we are making in this House to burning extra carbon and use of electricity.

I have spoken more about biodiversity and nature recovery than climate change—possibly inevitably, since I am, for the next two months, still the deputy chair of Natural England and a member of the board of the Joint Nature Conservation Committee, both organisations listed in the Bill. I submit that those two organisations do not need these provisions to drive forward, within their areas of expertise, all the relevant targets. They are already leading the way.

I also believe that climate change and nature recovery are two sides of the same coin and that, if we restore our peatlands, which hold 3 billion tonnes of carbon, plant the right trees in the right places, conserve our sea-floor and keep carbon trapped there, and go for nature-friendly solutions, then we can avoid the excessive cost of going too far, too quickly on heat pumps, electric cars and getting rid of gas boilers, not to mention the appalling damage to our natural landscape caused by wind turbines and pylons.

Personally, I have always considered biodiversity loss to be more important than climate change. With enormous political will and an awful lot of money, climate change can be reversed, but once a species is lost it is lost for ever, and the world is losing species at an alarming rate.

In Committee, I will judge the Bill by what these 28 public bodies can legitimately do, without detracting from their core duties, to increase species abundance and recover nature. I believe that that is the top priority and the key to unlocking climate change improvements and water quality. I wish the noble Lord well with his Bill, and I look forward to hearing the Government’s response to it.

[Baroness Bennett of Manor Castle (GP)]

Before the noble Lord sits down, for clarification, he appears to be suggesting that climate change and nature have to exist in certain silos and that getting people around the country by rail is a different and entirely separate silo. Do I take it from that that His Majesty’s Opposition’s position is that we should not mainstream climate and nature across all areas of action of government and public bodies?

[Lord Blencathra (Con)]

Of course we want to “mainstream” it, but I am suggesting that some of the Bill may be overreach for some of the authorities and that they may not be competent to do it. I am not making any argument that it may be too costly, but we must try to achieve our targets on climate change reduction and in the Environment Act by the measures that the last Government took and that the current Government plan to take. I would be rather worried if we gave additional powers in the Bill to some of those authorities, but I remain to be convinced in Committee. I am sort of neutral on the Bill, and I respect the noble Lord, Lord Krebs, in his ability. In Committee, we can explore the points the noble Baroness raises.

Rural Communities

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Tuesday 15th October 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the Local Government Association. I thank the noble Baroness, Lady McIntosh of Pickering, for securing this important debate and for highlighting in her introduction the environmental, social and community destruction threatened by electricity pylon transmission ploughing through the countryside—something my honourable friend Adrian Ramsay, the MP for Waveney Valley, has very much focused on.

That is an illustration of a much broader issue: that the relationship between the countryside and urban areas is very often an extractive one. Public goods, whether electricity or food, are produced in rural areas, and then the benefits are carried by urban areas and the costs continue to be borne by the rural areas.

We have this idea of rural areas as a green paradise: idyllic ancient oaks, babbling brooks, green meadows, chocolate-box villages—the picture-postcard countryside described by the noble Lord, Lord Cameron of Dillington. I will focus on the ways in which it can continue to look like that, yet sometimes the reality is deeply unhealthy in terms of public health and environmental damage. I will focus on three issues: ammonia and phosphate pollution, pesticide use, and manufacturing and chemical contamination. These tend to be thought of as urban issues, but they are increasingly affecting rural areas.

I start with nitrogen and phosphate pollution. The number of intensive poultry units in England and Wales needs to halve in the next 25 years to save our rivers, says the Soil Association. Here are some figures that might shock your Lordships’ House: 1 billion chickens pass through intensive poultry units each year in England and Wales. You might say that this is traditional industry but, year on year for the past decade, the number of chickens has increased by 1 million birds every month. Associated with that is real environmental damage in rural areas, particularly in Lincolnshire, Norfolk and the counties around the River Wye. Norfolk has some of the most polluting poultry facilities in the country. The River Wye region is now a huge matter of public concern due to the amount of pollution caused by that.

Turning to pesticides, again, we do not really think very much about the public health aspects of these for rural areas. However, Defra figures from 2022 show that pesticide usage was similar to 2010 levels by volume or by weight, but that the pesticides we are using are becoming more toxic all the time. I credit a campaigner, Georgina Downs, who has been working on this issue for many years, with showing me videos of pesticide use in rural areas. We think of this as being out in the fields, but we see sprayers within literally a couple of feet of people’s front or bedroom windows. Pesticides are being sprayed up and down fields every few days, and rural dwellers face seeing that all the time.

Turning to manufacturing, just today, the Environment Agency said that it lacks the budget to address growing understanding of so-called “forever” chemicals—per- and polyfluoroalkyl substances, known as PFAS. Areas where the problems are concentrated include the former RAF base at Moreton-in-Marsh in Gloucestershire, Bentham in North Yorkshire, and Duxford in South Cambridgeshire. These issues are not confined to urban areas.

So, there are many public health issues, and then there is the issue of health services. Far too often, the health services that people in rural areas so urgently need are simply not available to them; and of course, there is often no public transport to get to health services in more urban areas. These are issues that other noble Lords have raised, and that the Government need to address.

Official Controls (Location of Border Control Posts) (England) Regulations 2024

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Wednesday 22nd May 2024 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I will speak to the Motion in my name, as a follow-up to a very interesting debate we had in your Lordships’ House on 2 May, led by the noble Baroness, Lady McIntosh of Pickering, on the subject of imports and exports of food and agricultural products. It was a lengthy debate, with some excellent comments from a number of noble Lords.

The Minister gave some good answers to many of the questions, but one that I did not feel that he responded to in enough detail was about where all the different checks on trucks would take place—most of the vehicles coming in are trucks, both big and little. I came away with the impression that, if the checks could not be done in Dover because there was not enough space, the drivers would be told to go up the A20, which becomes the M20, and turn left at the fourth junction, which is called Sevington near Ashford.

Now I know that area very well and I thought that there would be a temptation for the drivers to forget to turn left and trundle up either to London or to a small shed, where the cargo could be transferred to another truck and possibly avoid some of the checks. I felt that that was an omission that the Minister might like to put right—and I am sure that he will do so tonight. I am very grateful that we had a quick chat about it recently.

In addition to the comments made by noble Lords in that debate, there has also been a lot of media coverage, particularly about the import of EU food, and comments about basic questions such as: what is a “consignment”? Noble Lords may not want to know what a consignment is, but can the Minister say whether it is a truckload, several parcels in a truck, or something in between? Several years after Brexit, this should have been sorted out. We are told that there is a shortage of staff and places to have the checks, which is adding cost and delay, particularly to the import of foodstuffs, which have a shelf life, and this is something the Government should have sorted out before now.

However, coincidentally, yesterday the Government published a new document—I am sure that it has nothing to do with the fact that we are having this debate today—called What To Do When Attending an Inland Border Facility. It might be complicated but is only about 10 pages long, so I am sure that all the truckers in the world will be studying it over their tea. It gives good information about what they should and should not do, but it also demonstrates how incredibly complicated the system is. The first thing it says is:

“Get ‘border ready’ … Get ready before you reach Kent”—


I suppose that depends which direction you are going in. But, under the heading “Common Transit Convention movements”—I am not going to read out the whole document because we would be here all night—the document indicates that a good debate that your Lordships held two or three weeks ago seems to have delivered something that may actually be of help to the importers and exporters. Maybe this is a lesson that the Government, who may change after the election, want to be remembered by this wonderful document, which has taken them two or three years to produce. However, there it is, and I look forward to the press comments saying how wonderful it is. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the noble Lord, Lord Berkeley, for securing this debate, and I return to issues that I have previously raised with the Minister, particularly about biosecurity and the impacts on small and medium-sized enterprises through the operation of these inland sites. I have three points to make.

First—perhaps the Minister can provide information on this—I have been speaking to the environmental horticulture industry and I declare that, along with the Industry and Parliament Trust, I have a fellowship with the Horticultural Trades Association. What seems to have settled into the pattern for the environmental horticulture sector is that it is seeing large numbers of lorry loads being simply waved through and not being subjected to any checks. I am well aware of the desire to make sure there is not too much obstruction at the border, but there is a general feeling, which I will come back to later, that Sevington does not have enough space or staff capacity at the right times and it is impossible to carry out the biosecurity checks that were previously done on-site when goods arrived at nurseries and other places. That presents a serious biosecurity risk, when we know the pests and diseases that potentially can be imported from the continent. There are also concerns about goods coming from other places.

Secondly, I refer to the comments made in the past few days by the director-general of the Institute of Export and International Trade, which particularly looks at the food aspects. He referred to

“businesses left in the dark with vital information provided much too late, the systems being introduced aren’t working properly. Businesses are frustrated, hauliers are angry and fresh produce has gone off due to repeated delays”.

Like the noble Lord, Lord Berkeley, I am not going to read out an enormous amount of detail here, but it is worth people in general knowing that, on 17 May, Defra issued a series of updates. These indicated that medium-risk plant products will now be split into two categories: “Medium Risk A”, which need phytosanitary certificate and pre-notification, and “Medium Risk B”, which need a phytosanitary certificate but no pre-notification. So far, only certain fruit, such as quince and stone fruit, are in the latter category; spinach leaves have just moved from the “Low Risk” to the “Medium Risk A” category. We have to look at the usage and what is happening to the facilities created by the instrument that we are discussing and think of how difficult it is for people to manage this system when those kinds of things are happening.

Finally, again referring to Sevington, I want to mention issues that were raised by the Dover port authority at the end of March but that still very much apply. Now that we have had some time for the facility at Sevington to be in operation, perhaps the Minister can comment on the way in which it is going. There was great concern about whether Sevington had sufficient capacity to be able to handle products of animal origin. The reports I am hearing suggest that many lorry loads are either being waved through or ending up having to wait for long periods, which for animal products is a serious issue.

We are going into an election period. I guess that these issues are probably not going to get much of an airing for six weeks or so, but they are continuing issues that will need to be grappled with by whoever is in government and by an industry sector that is giving strong indications that the Government’s systems are causing it to struggle enormously with getting in the goods it needs.

[Baroness Randerson (LD)]

My Lords, I thank the noble Lord, Lord Berkeley, for putting down this Motion for debate and for rightly emphasising the importance of the short straits crossing in relation to these regulations. To pick up his final point about the government guidance issued yesterday, this new system was introduced on 30 April. It defies belief that, after all these months of preparation, the situation is still producing a time lag for instructions on how people should be using them.

Obviously, the area of greatest concern throughout the UK is the issue of Sevington in relation to the short straits crossing, because it is about 20 miles from Dover and from the mouth of the Channel Tunnel to Sevington. Previous questions I have posed to Ministers have produced what I understood to be a statement that there are no plans by the Government to escort vehicles from the port to Sevington and no plans to observe those vehicles to make sure that they get safely from one to the other. I would be grateful if the Minister could confirm that people will be trusted to take that journey and not to disappear en route. The drivers of those vehicles will already have been picked out and will know that they are under additional checks. They would have every incentive to avoid those additional checks if they were intent on some kind of malpractice. I fully understand that the average driver is not of that ilk, but there are people with what have been described to me as seriously dodgy loads.

Animal Welfare (Livestock Exports) Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 8th May 2024 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise that this is the first time I have taken part in the debates on the Bill. My noble friend Lady Jones of Moulsecoomb took part in earlier stages, but she is otherwise occupied today so we are tag-teaming.

I sympathise with the comments made by the noble Baronesses, Lady Bakewell and Lady McIntosh, on the circumstances in which our farmers find themselves. They have set up their businesses according to the policies and frameworks provided by successive Governments, and it is now clear that those will have to change radically because of the climate emergency and food security issues, et cetera. When the Government take steps, it is important that we see and understand what the impacts will be on individual farmers.

I will speak to this amendment just to ask the noble Baroness, Lady Bakewell, one question and to put on the record something that I think is important. In the debate on the previous group, we heard from all sides of your Lordships’ House that people have been campaigning for decades for the impact of this Bill to be delivered, including the noble Baroness, Lady Fookes—credit to her—and many others. It is important that we put on the record and make clear that the purpose of this review would not be to reverse the action of the Bill or to say that we have to let live exports happen again because of the Bill’s impact.

This is a situation where the UK is, without a doubt, providing leadership. There are still horrendous things happening with live livestock exports in the EU. A report last year showed that there had been

“180,000 consignments of EU cattle, pigs, sheep and other species over a 19 month period”.

Many of them suffered from

“overcrowding, exhaustion, dehydration and stress”.

There is also the subject of the biosecurity risks of moving live animals in such a manner, which I have often discussed with the Minister. To put it on the record in Hansard, can the noble Baroness confirm that there is no intention in your Lordships’ House to reverse the direction of the Bill?

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for introducing her Amendment 2. It seems to be a perfectly reasonable suggestion to review the impact on farming, for the reasons that she introduced and other noble Lords mentioned, particularly the noble Baroness, Lady McIntosh of Pickering. Our farmers have had a pretty tough time over the last few years. There have been a lot of changes, and this is another change—one that we strongly support. We need to ensure that our farmers are always steered and supported through any major change to the way their businesses have to operate.

An important point has been made about farmers’ concerns about being undercut by cheap imports, including the point made by the noble Baroness, Lady McIntosh, about poultry in particular. It is very expensive for our farmers to bring in the new systems on animal welfare that we expect them to. It is good that they do so and that we farm to particularly high animal welfare standards in this country, but we should not allow the sale of produce in this country that does not meet those same standards. When we do our trade deals, we need to be really careful about what we are opening a door to. We should always first support our own farmers and the standards that we need to meet in this country.

Some concerns were also raised about border controls and the cost to farmers and producers of the new controls that are coming in. I will not go into great detail about that, as other noble Lords have talked about it and we had a fairly extensive debate on it in this House— I cannot remember whether it was last week or the week before; time flies when you are having fun. Any impact of the border controls, combined with changes in how farmers are expected to manage, transport and export their produce, needs to be considered as a whole. That seems to be a very sensible approach.

The noble Baroness, Lady Bennett of Manor Castle, also made the important point that any review must take into account what the potential outcomes of that review could be. Clearly, the last thing any of us would want to see would be any review resulting in the starting up of live exports. I say that with the assumption that the Minister is not going to stand up and say that he will accept the noble Baroness’s amendment. However, it is generally the case that new legislation does get reviewed at some point—so, again, it is important that, once this is on the statute, it does not get unpicked at any stage.

Although we very much support the points that the noble Baroness, Lady Bakewell of Hardington Mandeville, is making here and the points made by other noble Lords during this debate, as previously, we would not want to slow the passage of the Bill in any way. So, while it is important that we have discussions and debates around this, we would not want to hold the Bill up at all.

I just want to make one very final point. I was absolutely delighted to hear the noble Baroness, Lady McIntosh, talk about ungulates. Many years ago, in a previous life, when I was a proofreader, I proofread a book called The Biology and Management of Mountain Ungulates—and I never thought I would get the opportunity to say that in this House.