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

Debate between Baroness Hayman of Ullock and Baroness Grender

Wednesday 30th April 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords who have made valuable contributions to the debate. As always, I have listened very carefully to noble Lords’ concerns. As I mentioned in opening, my husband and I are in receipt of delinked payments—previously BPS—just for our small farm, but it means that I am very aware of the kinds of reductions that noble Lords have been talking about in the debate. However, delinked payments do not address the long-term challenges faced by farmers. The Government are making the decisions to try to build a profitable and sustainable farming sector so that we can deliver Britain’s food security.

As I mentioned earlier, the reductions to the 2025 delinked payments are necessary so that we can fund the spend, both committed and projected, under our other farming schemes, which support sustainable food production. We have seen increased uptake of the environmental land management schemes and unprecedented demand for our capital grants offer.

Without this SI, the spend on delinked payments in 2025-26 would increase to £1.8 billion, leaving a £1.5 billion shortfall in the farming budget. This would mean we would need to stop funding farmers through many of our other schemes, which would go completely against what seem to be the objectives of the fatal amendment.

The money released by reducing delinked payments is being reinvested in full through our other schemes for farmers and land managers. Every single penny is staying within the sector. How the farming budget has been spent for the financial year 2023-24 is set out in the latest Farming and Countryside Programme Annual Report. We will publish our next annual report later this year, as required by the Agriculture Act 2020. In March, we published on our farming blog a breakdown of how we plan to spend the £5 billion farming budget, covering 2024-25 and 2025-26.

I do understand the concerns that the House has raised regarding farm viability. There are a number of actions that we can support farmers with to improve their profitability. As well as urging them to take advantage of our existing offers, including grants that will support productivity and help them reduce their input costs, we can help farmers to diversify their income so that businesses become more resilient.

At the NFU conference, the Secretary of State announced a raft of new policies, including using the Government’s own purchasing power to back British produce wherever possible, and making £110 million available for new grant competitions to support research and innovation, technology and equipment for farmers.

I will now try to cover a number of the questions that noble Lords raised in the debate. The first is about the closure of the SFI and the concern that this will leave farms in financial distress. I confirm that every penny in all the existing SFI agreements will be paid to farmers and any outstanding eligible applications that were submitted by 11 March will also be taken forward. I also confirm that applications for the SFI have closed only temporarily and we plan to reopen the scheme for applications once the reformed SFI offer is in place.

A number of noble Lords, including the noble Baroness, Lady Grender, and my noble friend Lord Grantchester, asked what the reformed SFI offer might look like. We are working to align it with the work that we are carrying out on the land use framework and the 25-year farming road map in order to protect the most productive land and boost food security while also delivering for nature. The reformed SFI will also build in more sophisticated budget controls. As the scheme is designed and evolves, we want to listen to farmers to get their feedback to ensure that we learn from the past to improve the scheme for the future. It needs to be better targeted than previously.

On small farms, which the noble Baroness, Lady Grender, in particular, asked about, we are developing new schemes so that they work for as many different types of farm as possible, including smaller farms. There was, for example, no minimum amount of land that could be entered into the sustainable farming incentive. We will continue to work closely to make sure that the offer is properly accessible for small farms. As someone who has a small farm, I think we can improve that area, and we are working on that.

Tenant farmers were also mentioned by a number of noble Lords. The noble Baroness, Lady Grender, also mentioned the Rock review. We support the principles of the Rock review, and the department has already delivered on many of the review’s recommendations. The joint Defra and industry farm tenancy forum, which represents tenant farmers, landlords and advisers, will continue to play an active role in feeding back issues from the tenanted sector into Defra. The joint forum will help us continue to evolve our schemes to be accessible to tenants and to encourage collaboration between landlords and tenants in relation to environmental schemes. Working with the farm tenancy forum, we have also looked to remove penalties for tenants who may have to exit a scheme early if their tenancy ends unexpectedly. Our survey data shows that over a third of applications for SFI came from mixed-tenure and wholly tenanted farms.

A number of noble Lords raised the issue of farm profitability. We publish regular statistics on farm business income in England and other data related to farm businesses. For example, in March, we published the average farm business income forecasts, and our recently updated farming evidence pack sets out an extensive range of data to provide an overview of agriculture in the UK and the contribution of farm payments to farm incomes. That includes analysis by sector, location and type of land tenure. That kind of data is really important as we look forward to redesigning the schemes. The years 2021-22 and 2022-23 saw record highs in average farm business income at all farm levels, which was largely driven by higher output prices. Clearly, although there will be differences from farm to farm, we expect that the average farm was able to build some reserves to aid the ability to absorb the subsidy reductions that came in during the transition period.

Transitioning from the legacy agreements into new agreements was also mentioned. We are currently reviewing our approach to transitioning farmers from existing agreements into the new schemes. We expect to publish more information about this following the spending review. In the meantime, we have announced that we will increase the payment rates for higher-level stewardship agreement holders. To address the point made by the noble Lord, Lord Cromwell, if letters were supposed to have been sent out in April, it is clearly disappointing that there has been a delay. I have checked and this has been delayed. As the noble Lord has raised this here today, I will chase this and bring it up with the department.

The noble Earl, Lord Russell, and the noble Baroness, Lady Coffey, both talked about the impact assessment. Obviously, noble Lords are aware that one has not been produced for this instrument but, as I said, we are publishing regular statistics on farm income and other data related to farm businesses. That includes the farm business income statistics published on 14 November last year. We are looking very carefully at the income, and from that we will understand the impact on businesses as we go forward.

We are also looking to ensure fair competition across the supply chain through contractual reform. Fair competition was mentioned and it is incredibly important. All farmers should have a fair price for their products and the Government are committed to tackling unfairness in the supply chain wherever it exists. Regulations introduced last year included key reforms for contracts in the UK dairy sector. They included mandatory written contracts to require greater transparency in milk pricing. New contract rules for the UK pig sector were introduced to Parliament this month, which aim to ensure that terms are clearly set out and changes can be made only if agreed by both parties.

Similar regulations for eggs and fresh produce sectors will follow, and the Government are committed to intervene in any sectors where fairness issues exist. The regulations are enforced by the Agricultural Supply Chain Adjudicator, on behalf of the Secretary of State. Additionally, as I mentioned in my earlier remarks, the noble Baroness, Lady Batters, is leading a review of farm profitability. This important work is being supported by the newly formed profitability unit in Defra.

The noble Baroness, Lady Bennett, mentioned the basic income campaign. Of course, I would be very happy to meet the noble Baroness and any colleague she feels it appropriate to bring along to such a meeting.

We believe that this instrument is the essential next step of the transition period. The noble Baroness, Lady Coffey, pointed out the importance of the transition period. If we care about the future of farming—and clearly everybody in this Chamber very much does and feels very strongly about it, which has come across in the debate—we must not unravel the agricultural transition. This instrument will enable us to invest in that long-term future for farming while also delivering for nature.

[Baroness Grender (LD)]

I thank all noble Lords for speaking in this debate and providing their knowledge and experience on this issue. This is a crucial issue which deserves our full attention. I thank in particular the Minister for her response. I know that she, better than most, will be aware of the outcry that this sudden and unexpected cut has caused in so many in our farming communities.

It will not surprise noble Lords that I agree with the noble Lord, Lord Rooker, on this issue. If something like an SI falls, it goes back to the department and a new way, ideally, is found. Like him, I believe all pathways lead to the Treasury when these things go wrong. I also particularly pick out the point that the noble Lord, Lord Cromwell, made about HLS. I, too, have been in touch today with farmers who are deeply disappointed that they have not received the letter they were expecting by today. Those letters have not been received across the farming community. I thank the Minister for taking that back, but it is very significant, in addition to this regulation.

My noble friend Lord Russell described the times that the Conservative Benches have chosen to dispense with their aversion to fatal amendments. It is clearly a pick-and-mix tradition for them. I say to them that there has never been a more important vote; a chance to end this unfair cut to farmers. It is a test of their resolve on this issue and all they have to do is walk through the same Lobby as us. We all know that a regret amendment is not a sign of the greatest strength in these moments. A fatal amendment to end this measure for our farmers is a sign that we have their backs and will go down fighting for them. To do anything else is to sell them short. I ask all Members of the House to support farmers who have been hit by these cruel cuts again and again. We urge them to stand with the Liberal Democrats and reject these regulations. Therefore, in the light of what we have heard, I wish to test the opinion of the House.

Thames Water: Bids

Debate between Baroness Hayman of Ullock and Baroness Grender

Monday 28th April 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Regarding the company choosing KKR as its preferred bidder in the ongoing equity raise process, clearly Thames Water is a commercial entity engaged in a public equity raise, and it would therefore be completely inappropriate for the Government to comment on that. However, I note that the company had a number of potential bidders to choose from, which indicates that a market-led solution to the financial resilience of the company is a possibility.

[Baroness Grender (LD)]

My Lords, does the Minister agree that the Government must protect future bill payers from past mismanagement and a debt that should clearly sit with the vulture funds and bond holders who have in effect asset-stripped Thames Water, leaving it without proper investment and vulnerable to repeated environmental hazards and therefore in strong danger of being in breach of its own statutory duties? Surely the only way to protect those bill payers is by putting it into special administration.

[Baroness Hayman of Ullock (Lab)]

As I am sure the noble Baroness is aware, a special administration order is the mechanism to ensure that the company continues to operate and customers continue to receive their water and wastewater services. However, the bar for entering special administration is understandably high; the law states that it can be initiated only if the company becomes insolvent, can no longer fulfil its statutory duties or seriously breaches an enforcement order, and Thames Water does not fit those criteria, despite all its other problems. All I can say to the noble Baroness is that we are currently monitoring the situation closely.

UK Fishers: EU Agreement

Debate between Baroness Hayman of Ullock and Baroness Grender

Monday 31st March 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Clearly, as a Government, we will always push for the best opportunities for our fishers and the fishery industry. We would like to see long-term strategies to provide the industry with greater stability, which is important to it. At the same time, it is important that we always follow scientific advice when developing negotiations and catch limits.

[Baroness Grender (LD)]

My Lords, is the Minister aware that, last week in the other place, the Conservative shadow Environment Minister admitted that the previous Government’s negotiations failed our fisheries? Does she agree that a rollover of the current system will fail them again? Can she tell the House what consideration the Government are giving to proposals from the Liberal Democrats to roll out a multiyear quota system that would help the industry to plan for the future and stop the current cliff edge?

[Baroness Hayman of Ullock (Lab)]

As I just mentioned, we need long-term strategies to give greater stability to the fishing sector. We are also very keen that we develop our policy in this area by working with the industry and talking to fishers and their representatives, so that they have direct input into how we move forward and that we understand, from their perspective, how best we can support them.

Sustainable Farming Incentive

Debate between Baroness Hayman of Ullock and Baroness Grender

Tuesday 18th March 2025 Lords Chamber

[Baroness Grender (LD)]

My Lords, I thank the Government for the Statement. They will no doubt by now be aware of the significant disappointment and dismay the sudden closure of this scheme, without consultation or warning, has caused. What analysis did the Government do before this announcement to establish the likely impact on smaller farmers such as family farmers and those on significantly less than the minimum wage? Were there impact assessments in respect of farmers losing their basic payment this year with the immediate removal of SFI, and without, as yet, any clear replacement scheme?

Can the Minister please share with us the expenditure implications? It is our understanding on these Benches that if the BPS cuts this year are taken into account, more than £400 million of the £2.5 billion farming budget will remain unspent. Given that this was a budget intended to reward farmers for nature restoration and sustainable food production, can the Minister reassure us that this will not damage both? Can she explain how the Government will ensure that key environmental work is rewarded, and carried out by farmers who can no longer get access to this funding?

Does the Minister accept that there is a danger that the larger landowners, the ones that are more corporate, are highly likely to have already taken up the SFI and be part of the 6,100 new entrants this year? What advice does she have for the smaller operators, some of Britain’s poorest farmers, who are now left behind? Is she further aware that only 40 hill farms were new entrants this year, and that the previous Government failed to provide sufficient support for hill farmers, which in turn led to an over 40% drop in hill farm incomes in just five years? Is there any plan to help the small farms, upland farmers and commoners affected by this sudden change?

Can the Minister share with the House any discussions with farming stakeholders in advance of this change? Stakeholders tell us there were none, and the NFU said that it had just 30 minutes’ notice.

Finally, will the Minister please share what steps the Government will now take to increase the farming budget to reflect the Government’s nature and climate targets? We would be very happy to share the suggestions in our own manifesto if that would be in any way helpful. These targets, we would argue, have been greatly damaged by this cut in SFI.

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

My Lords, I thank noble Lords for their interest and questions on the Statement.

Twice before, the SFI system has been paused when the funding had been used up from the applications and started up again. Although applications for the SFI 2024 scheme have closed, I want to reassure noble Lords that we plan to reopen the SFI application service once we have a reformed SFI offer in place. Ongoing ELM schemes are supporting farm businesses to remain viable as they adjust to the reduction of farm subsidies that noble Lords have referred to. The new figures published recently showed that the proportion of commercial farms with income from agri-environment schemes rose from 49% in 2021 to 70% in 2023-24. There is a success rate here.

The noble Lord, Lord Roborough, asked about funding from the delinked payments reductions. The money released from the reductions to subsidies is being reinvested through our other schemes for farmers and land managers. Every penny is staying within the sector.

Details of how the £5 billion for 2024-25 and 2025-26, which was secured in the last spending review as being spent, were published on our farming blog on 12 March, for noble Lords who are interested. This includes £1.05 billion on SFI and £350 million on other ELM schemes.

The noble Lord asked about the Countryside Stewardship higher tier. That is being rolled out in a controlled way by invitation, so that everyone will get the right level of support. Invited applicants will be asked to submit applications from this summer.

On the environment and environmental targets, which the noble Lords asked about, closing SFI for new applications will not have any impact on the environmental benefits that we are getting from the 37,000 SFI agreements that are already live, nor affect the outcomes we are getting from other agri-environment schemes. The Government are still committed to delivering on these environmental outcomes.

Some 4.3 million hectares of land are now in SFI agreements, which means that 800,000 hectares of arable land are being farmed without insecticides. We want to move further on this. This reduces harm to pollinators and improves soil health. Some 300,000 hectares of low-input grassland is being managed sustainably, which will help biodiversity and improve water quality. Some 75,000 kilometres of hedgerows are being protected and restored, and this provides essential habitats for wildlife, improves carbon storage and strengthens our natural flood defences.

Regarding the timing of the reformed SFI, we plan to reopen the online application process once we have finalised the offer. On the issue around small farms, upland farmers and commoners, we need to make it fit for purpose as it moves forward, so that we are talking to the right people and allowing the right kind of farms and communities to apply. We are considering what it needs to look like, taking those issues into consideration. Clearly, the spending review is also important. We expect to publish more information as to what it will look like and when it will come into play after that. We will work with stakeholders and farmers to review the scheme, to ensure that we are directing funding towards the actions that are most appropriate and have the strongest case for that investment.

We also want to align the SFI with our work on the land use framework and the 25-year farming road map that my colleague, the Farming Minister, is working on. We need to protect the most productive land and boost food security while we deliver for the environment and nature.

We are evolving the SFI offer and exploring ways to better target the money towards smaller farmers and the least productive land. We need to ensure that we get the outcomes that we need.

To confirm, the farming budget remains at £5 billion for this year and next year, as we previously announced. We are on track to spend all the funding that is available.

On private sector funding, which the noble Lord, Lord Roborough, asked about, the Government are committed to significantly increasing private investment in nature’s recovery. This will not only help us meet our environmental targets but will create opportunities for farmers and land managers to diversify their business revenues through the sale of services around nature and the environment. Those markets are small, but they are growing. We are going to consult on what additional action we need to take to strengthen those markets in the weeks ahead. In the recent land use framework publication, we announced a call for evidence to seek views on how we can better incentivise private investment in nature from the sectors that impact and depend on our shared natural capital. We intend to publish that later this year.

The noble Lord, Lord Roborough, asked specifically about the Woodland Carbon Code and the Peatland Code. The Government have launched a consultation on integrating greenhouse gas removals in the UK Emissions Trading Scheme—as the noble Lord knows, that was last summer. This included exploring the inclusion of the Woodland Carbon Code in the UK Emissions Trading Scheme. We are going to look at that consultation and respond in due course.

We are also exploring opportunities for expanding private investment in woodland creation. A few weeks ago, we launched the timber in construction road map, and we have an upcoming call for evidence on private investment for nature recovery. We also recently launched a tender to modernise the Woodland Carbon Code’s operations and the upcoming voluntary carbon and nature markets consultation, so there is quite a lot going on in that area.

On the water industry, we are aware of a number of water companies that are working to develop nature-based solutions and exploring actions to improve water quality and manage flooding. We are working with the industry to understand how we can promote the different benefits that come from this and to promote blended funding approaches. Through Ofwat, the Government are also supporting water companies to develop nature-based solutions—we have discussed this in other debates. It is an important focus for us. Mainstreaming nature-based solutions to deliver greater value is something we now have a grant to look at, so we can bring together multi- sectoral expertise and leadership, which is what we are going to need to facilitate and enable the proper, true transition to nature-based solutions.

I hope I have covered most things, but I will check and get back to noble Lords if I have not.