Eggs (England) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 23rd November 2021 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for introducing the instrument before us this afternoon, on which I have a number of questions. Paragraph 8.1 on page 2 of the Exploratory Memorandum says that:

“This instrument does not relate to withdrawal from the European Union or trigger the statement requirements under the European Union (Withdrawal) Act.”


However, it would seem that it relates entirely to our withdrawal from the European Union and the retained legislation that pertains to that. I am therefore not sure why that paragraph is there. Can the Minister clarify that please?

Paragraphs 10.4 and 10.5 of the Explanatory Memorandum refer to the consultation, which was carried out through

“the online survey Citizen Space”.

I do not know about other noble Lords, but online surveys are complete anathema to me. They do not seem a very personalised or direct form of consultation. Can my noble friend please explain to us whether this is now the way forward? Is this the Government’s consultation mode of choice? I want to place on record that I do not approve of that at all. It was also carried out on what is traditionally a holiday period—from 19 July to 16 August. I thought that consultations normally take place over a 12-week or three-month period to enable those who wish to respond in some detail to do so. This also allows the industry to talk among themselves to see whether they want only one person to respond, or everyone.

Paragraph 10.4 goes on to say that:

“The consultation targeted stakeholders from the egg sector, with close engagement with egg enforcement bodies.”


It would be interesting to know whether the six responses received match those that were actually sought. How many targeted invitations were sent out? Of those six, only one agreed to the proposal. The overwhelming majority of respondents disagreed with it,

“preferring checks to take place at the border, due to concerns that these measures should mirror the requirements for import of Class A eggs into the EU.”

I would like to know the basis on which we have moved away from the historic checks that we did at the place of import and why the Government are not carrying the industry with us.

I have to say that I am deeply unhappy that, to mitigate the concerns expressed by the vast majority of those who expressed any concerns at all, all we are going to do is to organise a round table. Clearly, we cannot amend the statutory instrument so I would be very interested to know what form the round table will take. The fact that a round table is going to be convened demonstrates that there are widespread concerns in the industry. I would be very interested to know who from the department will attend the round table. Will it be at ministerial level or official-only level?

I pay tribute to the report produced by the Secondary Legislation Scrutiny Committee, and refer to the committee’s thoughts on page 12 and in Appendix 4 on page 32. It appears that there are going to be two different types of checks in relation to GB to Northern Ireland. There will be checks at the border to ensure that the consignment contains either class A or B eggs, as at present. However, all eggs from Northern Ireland will continue to have unfettered access to the UK market. There is clearly a discrepancy there.

Finally—I had better stop because I could spend the whole of the afternoon on this one little instrument—my noble friend said in his introductory remarks, if I heard him correctly, that sanitary standard checks will continue to be made at the border. If we are doing those checks at the border, why on earth can we not do all the checks at one place on imports into this country?

I did say finally, but I did not mean finally. Will my noble friend commit to bringing forward an instrument on the question of equivalence at such time as he suggests that non-EU countries may come forward with imports? I think he said that there would be an instrument at that time. Can he confirm that that is indeed the case? I think he will understand from my drift that I do not like the instrument before us.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the Minister referred to paragraph 10.3 of the Explanatory Memorandum, which states that consultation

“was undertaken as a joint consultation with the Scottish Government and Welsh Government. Northern Ireland is not involved in these amendments, due to the effects of the Protocol on Ireland/Northern Ireland.”

I declare an interest as a member of the House of Lords sub-committee that is scrutinising the protocol on Ireland/Northern Ireland, and I have some questions in this regard. What does that mean in practice? Can eggs from GB be put on the market in Northern Ireland, and vice versa? Do these eggs have to be checked before they can be put on the market in Great Britain or Northern Ireland? That issue was raised by the Secondary Legislation Scrutiny Committee. Living in Northern Ireland, I am very well aware that Marks & Spencer and Sainsbury’s sell quite a lot of products that come from GB. What will the nature of these checks be? Where will they be carried out?

I support the protocol and believe in its sustainability, but perhaps the Minister can advise on progress in the ongoing negotiations on the protocol between the UK and the EU, with particular reference to the SPS arrangements. That was one of the “non-papers” from the EU in relation to this issue.

As this is a domestic statutory instrument, it falls to the Secondary Legislation Scrutiny Committee rather than our protocol committee to scrutinise it. What is the interaction between this statutory instrument and the protocol? Perhaps the Minister can give us some detail and clarity on that interaction and on the practical impact on the supply of eggs from GB to Northern Ireland and vice versa. As the noble Baroness, Lady McIntosh, said, eggs that travel from Northern Ireland to Britain enjoy unfettered access, so it would be good to get clarity on that.

It is important that the Government make a full analysis of the interaction of domestic primary and secondary legislation with the protocol. A lot of these statutory instruments come to us simply for information purposes, but we also get referred legislation from the EU that will affect and impact Northern Ireland on an ongoing basis. The Government have analysed the interaction of domestic primary and secondary legislation with the protocol. What has been done to ensure that that analysis takes place on an ongoing basis? If it is taking place, is it possible to publish the results and for a copy to be placed in the Library of both Houses?

[Earl Cathcart (Con)]

My Lords, we started out as an egg producer on our farm in Norfolk about 10 years ago. For the first few years, it was a reasonably profitable business, but as more farmers have come into the market that profitability has increasingly been reduced. It is all about supply and demand. As the number of producers has increased, margins have been squeezed. In the past few years, we have been seriously considering whether it is worth our while continuing in the business, but as we employ three local people and it is still just profitable, we have continued in the hope that egg prices will go up.

On the surface, these regulations look innocuous enough. They went out to consultation, and of the six respondents, who all look after the interests of UK food and egg producers, only one was prepared to agree with them. The other five argued that the checks should take place at the border. Many emphasised that this change should be reciprocated by the EU to benefit British egg producers and egg exporters. This has not happened—I do not know whether Defra even tried—so exports from the UK to Europe will be subject to the full range of EU checks and bureaucracy, thus raising the costs and reducing the competitiveness of our exports.

As things stand, these regulations will make things lopsided—or rather, one-sided—with EU imports of eggs into this country being exempt from checks, bureaucracy and costs at the border but our exports being fully subject to all the EU rules and costs. So no level playing field there then. To my mind, Defra has scored an own goal here in not supporting its own UK egg producers, who have the highest welfare standards in the world, while helping with the import of cheap, low-welfare eggs. Thanks a bunch. One has to wonder why.

After the initial consultation, Defra held a virtual meeting in September with the consultees, who were told—I find this unbelievable—that the Government want their support to facilitate importing cheap EU eggs to help feed the nation. You could not make it up. Here we have a Defra official asking the very bodies that look after the interests of UK food and egg producers to support flooding the UK market with cheap, low-standard foreign imports. With margins already tight, we egg producers need that like a hole in the head. No doubt the Government were concerned about the supply chain problems, the lack of HGV drivers and the prospect, circulated in the media, that there would be empty shelves in the supermarkets at Christmas, but here we have Defra saying that it wanted cheap imports of eggs and to hell with its own egg producers.

Defra went on to say that it wanted to ease the process, as border inspections would involve more time and costs for egg importers. As an egg producer, am I bothered? All these regulations will do is flood our market with cheap eggs and increase the pressure to reduce the price that we get, thus further squeezing our margins. I am told that, when the consultees explained to Defra that UK producers could easily produce enough eggs to feed the nation—we already produce 90% of our requirements—but that with these regulations they were going to be undercut by lower-standard, lower-cost imports, Defra responded by saying that the consultees were acting only in the interests of protecting UK producer profit margins. As an egg producer, I say, “What profit margins?” They are tight enough already.

Just whose side is Defra on? Quite clearly, it is not its UK food producers. The Government have a cheap food policy priority and an anti-producer, pro-consumer mentality that seems prevalent in Whitehall. Surely the Government, and a Tory one at that, ought to protect and promote their own food producers, which they expect to operate with ever-higher welfare standards, rather than to protect and promote cheap imports? The problem is that although we have a Defra Secretary of State, George Eustice, an Agriculture Minister, Victoria Prentis, and my noble friend Lord Benyon, who all have farming interests and all support British farming, we have a Government who do not.

--- Later in debate ---

I think that I have answered all the questions on Northern Ireland.

[Baroness Ritchie of Downpatrick (Lab)]

On Northern Ireland, I mentioned the importance of a full analysis by Her Majesty’s Government of the interaction of domestic primary and secondary legislation with the protocol. I also asked what is being done to ensure that such analysis takes place and that, if it is taking place, a report could be placed in the Library of both Houses.

[Lord Benyon (Con)]

The noble Baroness is right to raise this point, as others have done, about the ongoing negotiations around the Northern Ireland protocol. I do not feel qualified give an accurate, up-to-date report. After this Committee, I will find out whether there is going to be an immediate communication about the status of the Northern Ireland protocol and an analysis of its functioning, particularly in relation to this matter. If there is not, I will make sure that she receives more information. The noble Baroness, Lady Jones, raised that as well.

I have answered quite a few of the questions—probably not every single one.

National Food Strategy Report

Baroness Ritchie of Downpatrick Excerpts

Wednesday 17th November 2021 Lords Chamber

[Lord Benyon (Con)]

My noble friend has done much work in this field. The publication Tackling Obesity: Empowering Adults and Children to Live Healthier Lives takes forward a wide range of measures that all contribute towards reducing excess calorie consumption. These include, for example, measures to restrict the advertising of high fat, sugar and salt products. It is estimated that these measures could remove up to 7.2 billion calories from children’s diets in the United Kingdom over the coming years.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, for the avoidance of doubt, will the Minister indicate a specific date when the Government will produce their White Paper in response to the Dimbleby report, and the timescale for the subsequent legislation? Will this legislation be accompanied by resources in a cross-departmental way to implement the recommendations in the report, including access to free school meals for many children who are totally disadvantaged, particularly during the pandemic?

[Lord Benyon (Con)]

The second part of Henry Dimbleby’s report was published in July and the Government made a commitment to respond within six months. The noble Baroness knows that our department is running quite hot on food issues at the moment, but I have heard nothing to suggest that this timetable will not be met.

Food, Poverty, Health and the Environment Committee Report

Baroness Ritchie of Downpatrick Excerpts

Thursday 10th June 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Curry, who has such a tremendous background in farming and food. I welcome the noble and right reverend Lord, Lord Sentamu, to your Lordships’ House on his return and his second maiden speech.

I congratulate the noble Lord, Lord Krebs, on securing this important debate and commend him on chairing our scrutiny committee and publishing our report, Hungry for Change, in July last year. I was proud to join the committee in February 2020 as the pandemic situation was unfolding, because that was an important test whereby it was possible to assess the resilience of our food system. In May and June we had several remote meetings of the committee to deal with our report and take further evidence from government Ministers, including Health Minister Jo Churchill.

I agree with other noble Lords—the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Curry—that there should be commendation, praise and support for our food producers, whether of the land or of the sea. We should support a viable farming industry and a viable fishing industry. In that respect, it is therefore important that we as the House of Lords and Parliament be allowed to scrutinise those trade deals, because I am in no doubt that the quality of our food produce of the land and the sea is equal to, if not better than, that of the produce we may import. It is important that those safeguards are in place and, for that to happen, parliamentary protocol and parliamentary accountability are absolutely vital.

Our committee found that:

“The UK’s food system—the production, manufacture, retail and consumption of food—is failing.”


We made a series of recommendations to which other noble Lords have referred. They were all

“built around the central aim of ensuring that everyone, regardless of income, has access to a healthy and sustainable diet.”

There are stark contrasts in the way that people experience food. The report argued:

“For many people, food is the source of considerable anxiety. Significant numbers of people are unable to access the food they need, let alone access a healthy diet.”


It also highlighted that the NHS spends billions of pounds every year

“treating significant, but avoidable, levels of diet-related obesity and non-communicable disease.”

In addition, our report revealed that:

“The food industries, manufacturers, retailers and the food services sector, perpetuate the demand for less healthy, highly processed products. This not only impacts on public health, but also inhibits efforts to produce food in an environmentally sustainable way.”


The report made significant recommendations, focused on the need to initiate routine levels of food security; to make urgent changes to universal credit; to factor in the cost of a healthy diet to benefit rates; to publish consultations on

“proposals to impose restrictions on the marketing, advertising and price promotion of less healthy foods”;

to step up

“efforts to encourage the food industry to reformulate its products to reduce harmful levels of salt, sugar and unhealthy types of fats”;

to extend and reform Healthy Start vouchers, free school meals and holiday hunger programmes; and to create a standardised framework for every public good outlined in the agriculture legislation. We push and urge the Government to ensure they stand by their commitment not to

“compromise on … high environmental protection, animal welfare and food standards”

in trade agreements, to which I have already referred; and to establish an

“independent body, responsible for strategic oversight of the implementation of the National Food Strategy.”

Notwithstanding that the Government in their response are moving along our trajectory, they seem a little dilatory about implementing our recommendations. Last year they published their Childhood Obesity report; I urge the Government to implement their own recommendations. In other respects, they reacted only when Marcus Rashford shamed them into doing so in his campaign to end child food poverty and feed vulnerable children over the summer vacation amid the economic disruption caused by Covid.

Sadly, there are no real commitments on addressing the needs of the food environment or reformulation, and no engagement with the recommendation to return responsibility for nutrition labelling and reformulation programmes to the Food Standards Agency. I ask the Minister, whom I welcome back to the Dispatch Box—when we were all in the other place, he was a very good agriculture and fisheries Minister—why this is the case. Can he explain the delay in addressing these issues amid a pandemic that has exposed the fragility and insecurity of our food system?

There needs to be a root-and-branch review of the whole benefits system and a permanent uplift to universal credit. I commend the work of the noble Baroness, Lady Lister, in this regard.

In 2021 the Food Foundation published its report, The Impact of Covid-19 on Household Food Security, which in many ways chimed with recommendations in our report. It stated that

“more people are food insecure now than before the pandemic … Households with children have been hit hard, with many … still falling through the cracks in support … Existing support schemes have made a difference, but gaps have meant many people still struggle to eat adequately.”

Its recommendations, mirroring those in our report, include that the Government should review free school meal policy across the UK and ensure that

“no disadvantaged children are missing out on the benefits of a Free School Meal … Food insecurity levels are high among those in work and those on benefits”.

There is a need to increase wages, to retain the £20 uplift to universal credit and to remove that five-week wait. There is a need for proper governance structures to be in place to have

“oversight on food insecurity tracking or responsibility to tackle it.”

There has been considerable analysis of the problems with food security and insecurity and the need for people to be able to access nutritious food. There is Mr Dimbleby’s first report—we look forward to his second—our report and the report from the Food Foundation. My fear is that we could become paralysed by analysis. We now need to see the Government working with the Food Foundation, Parliament, local government and education and health authorities to bring forward and implement proposals to ensure greater accessibility to environmentally sustainable food for all at a reasonable cost.

We all need to work together to develop a food system that is resilient to systemic shocks and to safeguard our people. We need a benefits system fit for purpose that will help people climb out of poverty. We need wages to be uplifted so that those in work can afford to purchase good-quality food, and to reduce the reliance on food banks. Can the Minister outline how he, working with colleagues, intends to do just that and to implement the recommendations in our report as a matter of urgency, so that a resilient food system is accessible to all in our society?

Plant Health etc. (Fees) (England) (Amendment) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Thursday 15th April 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Redfern. I thank the Minister for his explanation of the regulations. I have some questions for him regarding the operational nature of the regulations and the cost implications.

I fully concur with the Minister and the noble Baroness, Lady Redfern, that plant health and biosecurity are vital, irrespective of our constitutional position and Brexit. I note that the regulations will be phased in alongside other requirements, such as the requirement for importers to have a phytosanitary certificate. What is the timeframe for that phasing-in? Have assessments taken place regarding the operational nature of the regulations during this phasing-in period and, if so, what has been the result of such assessments?

I understand that only high priority plants and products from EU member states, Switzerland and Liechtenstein will be subject to these new requirements initially. I was going to ask the Minister what high priority plants are, but he has already told us that they are plants for planting. Are these all types or plants, or specific plants? How are they defined and will only these categories be subject to the new requirements?

With these regulations, the Government will be enabled to charge fees for plant health checks on imports from the aforementioned countries into England. Has charging already taken place in the intervening period, or will it happen only from 1 June 2021 in relation to the new factor of the post-transition period? What will be the actual cost to businesses and importers, and will there be any financial assistance from central government to mitigate the costs?

I, like other noble Lords, have been contacted by the Agricultural Industries Confederation, which stresses that the new non-tariff barriers and fees will have consequences. It asserts that the ongoing effects of both of these will continue to impact the seed industry, and could reduce choice for growers and increase the cost to consumers. As the implementation of the trade and co-operation agreement continues, the AIC urges the UK and EU to work together to balance the priorities of removing non-tariff barriers where possible, while minimising biosecurity and plant health risks. What reassurances can the Minister give in this regard? What will be the impact on importers? Has there been any assessment of how they will bear those costs, particularly during the pandemic period?

These regulations do not apply to Northern Ireland, because Northern Ireland will be covered by the protocol. But, as an aside to this particular issue, can the Minister provide any update that allows for easier ways to implement phytosanitary veterinary checks with respect to Northern Ireland? I note that the noble Lord, Lord Frost, is meeting his EU counterpart today.

An issue that was raised by the House of Lords Secondary Legislation Scrutiny Committee was the lack of an impact assessment. Perhaps the Minister could comment on the reasons for that. The committee was concerned about the potential impact of new additional costs on businesses and importers, and why this had not been considered worthy of assessment. The committee again raised the issue of costs.

These are some of the issues that I wanted to raise, but I believe and strongly contend that plant health and biosecurity are vital to the local agricultural and horticultural industry.

Brexit: Farmers

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd February 2021 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what steps they are taking to ensure that farmers continue to receive financial support following the United Kingdom’s departure from the European Union.

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

My Lords, I declare my farming interests as set out in the register. In 2019 the Government made a manifesto commitment to maintain the current annual budget to UK farmers of £3.6 billion. This was honoured in the 2021-22 spending review. The commitment is being achieved through a combination of Exchequer funding and remaining EU funding.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister give a commitment that there will be adequate and sufficient funding for farmers to develop their enterprises for the purposes of economic and environmental sustainability over the next five to 10 years, way beyond the 2021-22 financial year, thus allowing farmers to adapt and plan for the future?

[Lord Gardiner of Kimble (Con) [V]]

That is very important. We seek in the agriculture transitional plan to ensure that there is certainty and a vibrant future. Our manifesto commitment takes us up to 2024; obviously, we cannot bind further Parliaments but that is a sign of our bona fides. I think any incoming Government would clearly want to continue to enable that important agricultural production, as well as environmental enhancement.

Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Wednesday 27th January 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I take this opportunity to thank the Minister for his explanation of the regulations. I note from doing some research in advance of the debate that apparently they build on the previous regulations that could not deal specifically with GI matters. In his submission, he referred to this instrument being reserved, there having been discussions with the devolved Administrations and, as a consequence, there being only minor drafting points. Could he outline what those were and say whether Northern Ireland is subject to the rules of the protocol or the exact rules of this statutory instrument? References have already been made to that by the noble Lord, Lord Empey.

I note the reference in the SI to organic food and feed. Is the Minister aware that one of the UK’s biggest health food businesses says that the new post-Brexit system for sending organic food from GB to Northern Ireland is a “nightmare” as a consequence of the Brexit protocol? It requires a certificate of inspection and the UK Government have said that they will talk to the EU about streamlining the process. No doubt it needs to be streamlined and resolved. Does he know or can he find out whether such discussions have taken place, and their outcome?

Organic foods imported into Northern Ireland require a large degree of complexity. The exporter has to make an entry on an EU system known as TRACES NT, and key in details such as weight, origin and whether any goods are high risk. For a consignment going to retailers, that will involve dozens or even hundreds of individual entries. Details then need to be checked and approved by a certification body such as the Soil Association. When the goods arrive in Northern Ireland, a certified importer must confirm that they have been received. At the moment, they are looking at a three-month grace period, but what happens when April arrives and that is over?

Will this piece of technical legislation help to alleviate the problems experienced by those involved in the organic farming and food industry?

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

I call the next speaker, the noble Lord, Lord Bhatia. Oh, we have a difficulty with that, so I call the noble Baroness, Lady Parminter.

Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 26th January 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle, and I too thank the Minister for his detailed and comprehensive explanation of these regulations, which are a direct result of the UK leaving the European Union—that is the plain and simple fact. I have several questions for the Minister. If he cannot provide answers today, I will be content to get them in writing.

Like the noble Lord, Lord Dodds, I have a concern about unfettered access for imports from Britain to Northern Ireland. I fully recognise that the protocol has to be fully implemented, so what work are the UK Government carrying out with the EU and the Northern Ireland Executive, plus Assembly, to ensure that there are no further wrinkles or problems to be encountered by importers or local businesses in Northern Ireland? That will simply add further costs and burdens for many retailers and consumers. What will be the exact role of the Northern Ireland Executive and DAERA in overseeing the implementation of the regulations?

A Defra consultation document on reducing ammonia emissions from solid urea fertilisers, published in November 2020, is due to be concluded today—26 January. Have there been many responses? How does it fit into this statutory instrument? Will there be further legislation as a result of this document and any ensuing measures? Will an amending SI be needed? I would be grateful if the Minister could clarify this further.

The consultation document sought views on proposals designed to reduce ammonia emissions, 87% of which come from UK agriculture. As the noble Baroness, Lady Bennett, has already said, this is good because it will protect the soil and our environment, specifically from the use of solid urea fertilisers.

It recommends three options: a ban on solid urea fertilisers, which the Government favour; a requirement to stabilise solid urea fertilisers; and a requirement to restrict their spreading to a two-month window from 15 January to 31 March each year. Can the Minister update the Committee? Is the SI just a temporary measure to be followed by amending legislation to reflect the recommendations, including a possible ban? Or does this intersection with the Northern Ireland protocol cut across all this and ensure that it will not happen?

Finally, with the protocol in place, what will be the position in Northern Ireland regarding reducing urea fertilisers? I presume this will be an issue for DAERA and the Northern Ireland Executive. I look forward to the Minister’s answers.

Agricultural Transition Plan

Baroness Ritchie of Downpatrick Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

I wish that the noble Lord, Lord Curry of Kirkharle, was here because we have been working very closely on the skills leadership group and the imperative, as the noble Baroness has said, of having a skilled workforce as we enhance technology and innovation. Appropriate skills and the skills of countryside management are important. We need a range of educational opportunities at all levels, whether at agricultural college or in apprenticeships; the whole range is very important. This is an area where we in Defra are in touch with the department, because it is very important there is a skilled rural workforce now and in the future.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, reference has already been made to devolution settlements. I wish to refer to the ability of Northern Ireland to diverge from these ELM arrangements in order to meet the needs of our own localised system of agriculture, in terms of different farm patterns, land-leasing arrangements and now, of course, the operation of the Northern Ireland protocol. What can the Minister advise about his ongoing discussions with the Minister in Northern Ireland regarding the ability to diverge from these arrangements to ensure the proper delivery of good farm management for upland and lowland farmers?

[Lord Gardiner of Kimble (Con)]

I understand that today the co-chairs of the EU-UK joint committee have announced their agreement in principle on all issues with regard to the protocol on Ireland and Northern Ireland. I think this will have some impact on some of our areas, and further details will be given. I believe that the Chancellor of the Duchy of Lancaster is making a Statement tomorrow. I put that in the context of the recognition that agriculture is devolved. If one remembers, we included provisions in the Agriculture Act respecting the devolved arrangements of all parts of the United Kingdom, the importance of ensuring that Northern Ireland can make its own provisions as a devolved part of the UK and respecting the protocol on Ireland and Northern Ireland. Our manifesto pledge was to maintain the current annual budget to farmers, and that would mean that the total farm support provided to Northern Ireland farmers was £330 million. It is within the scope of the Northern Ireland Administration to ensure that they have the policies that they would wish for Northern Ireland farmers.

Farming: New Entrants

Baroness Ritchie of Downpatrick Excerpts

Monday 23rd November 2020 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, we are working on a co-design with councils, landowners and others so that the new entrant scheme works precisely with county farms and local authorities. That is because, as I have said, we want that to be retained. This work is under way and will be co-designed in 2021, and we hope to roll out the programme in 2022. Not only are there county farms, but a third of the land in this country is tenanted and there are obviously opportunities in the tenant farming sector as well.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, will the Minister keep in mind the land mobility scheme in Northern Ireland? It has been in operation for three years and facilitates the transfer of land from older retired people to new young entrants. Will he discuss these matters with the Minister responsible for agriculture in Northern Ireland in order to ensure the implementation of best practice?

[Lord Gardiner of Kimble (Con)]

My Lords, I shall certainly do that. Our proposals on lump sum and delinking are to facilitate retirement. That is an issue on which we are consulting, and I am most grateful to the noble Baroness.

Agriculture Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[The Earl of Caithness (Con) [V]]

My Lords, I spoke on similar amendments to these in Committee. I am happy to add my support to Amendment 78, in the name of the noble Lord, Lord Whitty. My mind goes back to the days when the Countess of Mar was fighting a lonely battle against MAFF on sheep dips and the problems they caused. I am just concerned that the Government are perhaps not taking this issue as seriously as I would like them to.

I am attracted to the amendment from the noble Lord, Lord Whitty, because it gives the Government flexibility. As I said in Committee, there is a difference between the effects of fungicides, herbicides and insecticides, depending on what you are spraying. Weather conditions make a difference, too. So further research is needed, but the principle of what the noble Lord, Lord Whitty, is trying to achieve is absolutely correct. There have been too many instances when the public have complained, particularly about nasty chemicals that have been sprayed, and some farmers do not take this issue as seriously as we would like.

I support my noble friend Lord Randall on the necessity of supporting biodiversity and wildlife. A lot of bees, birds and animals get caught up in spraying when they are nesting in hedgerows and the spray application is made in a bad way. So I give my support to the noble Lord, Lord Whitty. I hope that my noble friend Lord Gardiner will be able to convince him that the amendment should not be pushed to Division, but I do approve of the principle of it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am happy to participate in this debate and would like to lend my support to the amendment in the name of the noble Lord, Lord Whitty.

There has been a lot of discussion over the last 40 years about the impact of pesticides on the human health of rural residents and on biodiversity, flora, fauna, insects and animals. Therefore, I am very much drawn to Amendment 78, which I believe is a crucial amendment, trying to protect human health from agricultural pesticides. Rural residents and communities across the UK continue to be adversely impacted by the cocktail of pesticides sprayed on crops in our localities, reporting various acute and chronic effects on health.

I am a rural dweller. I did not grow up on a farm but I am very conscious of the impact of those pesticides because I am an asthmatic. I have talked to many people whose health has been impacted by sheep dip, by Roundup and by the emergence of diseases that hitherto there was no family history of, and that they had not suffered from before. Exposure and risk for rural committees and residents are from the release of those cocktails of harmful agricultural pesticides into the air where people live and breathe because, once pesticides have been dispersed, their airborne droplets, particles and vapours are in the air irrespective of whether or not there is wind.

In that regard, I take note of the amendment from the noble Baroness, Lady Finlay of Llandaff. Vapour lift-off can occur days, weeks or months after any application, further exposing those living in the locality, and it has nothing to do with the wind. The Government’s stated position that pesticides are strictly regulated and that scientific assessment shows there are no risks to people and the environment, is simply not correct. Since 2009, EU and UK equivalent laws legally define rural residents living in a locality of pesticide-sprayed crops as a vulnerable group, recognised as having high pesticide exposure over the long term. Further, the risks of both acute and chronic effects of such exposure are again recognised in article 7 of the EU sustainable use directive. I hope that the Minister will see fit to accept this amendment. If not, I hope that the noble Lord, Lord Whitty, will press it to Division. It should be given statutory effect because rural populations are looking for this direction and this protection.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick.

I congratulate the authors of this interesting group of amendments on the thought and effort that they have put into them. As I am sure the noble Baroness, Lady Finlay of Llandaff, will realise, I have some concerns about her amendments, particularly regarding the drafting and how they might be interpreted; for example, the word “drifting” is open to interpretation. The noble Baroness herself highlighted some of the difficulties this group would have. It would be enormously helpful if the Minister could explain the current regulations when summing up. I am not totally familiar with this area but I understand that it is heavily regulated and that there is quite stringent provision in the current code of practice, which is operated by the Health and Safety Executive and was itself updated quite recently, I think in 2005.

I am also concerned about Amendment 78, which is loosely drafted. Subsection (1) includes the phrase,

“prohibiting the application of any pesticide … near”.

That seems very loosely drafted, so I would be interested to hear how the Minister thinks the provision could be implemented, were it to be passed today.

This is a good opportunity for the Minister to raise our awareness of previous research and commercial innovation relevant to air levels and other controls of pesticides. I am minded of the fact that a lot of work is going on, I think in Essex, breeding bugs that eat and destroy other bugs, which I presume would fall within the remit of Amendment 80 in the name of my noble friend Lord Dundee.

My concern is that, for the reasons set out by the noble Baroness, Lady Finlay, and the noble Lord, Lord Whitty, this area is already heavily regulated and the amendments could be very difficult to implement as drafted.

--- Later in debate ---

[Baroness Henig (Lab)]

My Lords, it is a great pleasure to speak after the noble Baroness, Lady McIntosh. I reassure noble Lords that I intend to speak only once, despite being listed to speak twice on this group.

I put my name to Amendment 90 because it echoed the form of words that the Government accepted in early 2019—only 18 months ago—and it was inserted into the Trade Bill. Now, the Government are no longer prepared to sign up to it. I puzzled over what had changed, but now, given the events of the past two weeks, the answer has become clear. The May Government intended to align the United Kingdom with European regulatory standards. The Johnson Government are not happy to do this and, instead, in the event of no deal or a very skinny deal, want the option to pivot to the United States regulatory regime.

It is clear that a choice has to be made, as the two regimes are very different. If we align with European standards, there will be no issue with our existing animal welfare, hygiene or food standards. However, if we switch to United States regulatory standards, without which a trade deal with the United States will be very unlikely, if not impossible, British agriculture and British farmers will face great challenges, and many, I fear, will lose their livelihood.

Some noble Lords argued in Committee that farmers would rise to the challenge and would find a way to compete successfully in the United States market, but I must tell them that, for a start, those exporting lamb would have great problems, as Americans generally do not eat lamb. My guess is that farmers would struggle to access United States markets, save perhaps in niche areas.

Since Committee, the United Kingdom Internal Market Bill has been published and has passed its Second Reading in the House of Commons. This presents a further threat to British agriculture, as it would allow cheap food imports to circulate freely around the United Kingdom, except in Northern Ireland. This is of course exactly what United States farming businesses are seeking, and no doubt the United States Government are putting great pressure on the United Kingdom Government to deliver it. However active our National Farmers’ Union has been in mobilising extensive public support behind high food and animal welfare standards, I assure noble Lords that its efforts pale beside the relentless drive of the United States farming lobby, which has the weight and power of Congress behind it, plus close ties to a number of British parliamentarians, who are also putting pressure on the Government.

I can think of no greater impetus towards independence in Scotland than the Scottish Government being unable to ban cheap, often unhygienically produced, food imports. As the noble Lord, Lord Empey, reminded us in Committee, the availability of cheap imported food across England, Wales and Scotland would cause huge problems for farmers in Northern Ireland and, as the United Kingdom is its biggest single market, would render them uncompetitive. Farmers in many parts of Wales and Scotland would also face similar challenges.

In Committee, we were assured by the Minister that existing laws on the statute book would safeguard our food and animal welfare standards, and that therefore amendments in this group were unnecessary. As we have also heard, clear promises were made in the Conservative election manifesto. I say to the Minister that laws can easily be changed by this Government, with their great majority in the House of Commons. Who, after the events of the last two weeks, can have any faith in Conservative manifesto pledges? I believe in the sincerity of the Minister but I do not believe in the sincerity of the Government.

Tens of millions of people in this country—over 80% of the population, according to recent polls—are looking to Parliament to uphold our existing high food standards and to keep out of the United Kingdom produce from the United States, in particular, which has been unhygienically treated and cheaply produced as a result of animal welfare standards which would not be allowed in this country, as the noble Lord, Lord Cameron of Dillington, so graphically told us in Committee. Unless and until our high standards are written into legislation, a large majority of people across the country will not believe that the Government will deliver on their promises. If and when they do not, that will be a much greater threat to British farmers, British consumers and our agricultural exports than the common agricultural policy ever was.

Given the way in which government policy has evolved since Committee, I believe that we now need a more comprehensive amendment than Amendment 90, and I am very happy to support Amendment 89ZA and Amendment 93, if moved, in this group in the hope that they command the support of as many noble Lords as possible. I believe that we need to send a clear message to the Commons and the Government, setting out what the people of this country very reasonably are asking of us.

Finally, I say to the noble Viscount, Lord Trenchard, and the noble Baroness, Lady Noakes, that a Government who are willing to break international law can surely find a way to interpret WTO regulations flexibly. Many other countries find ways of reconciling WTO rules with maintaining high standards of food and animal welfare and hygiene, and I have no doubt whatever that the United Kingdom can do exactly the same if it wishes.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Henig. I commend Amendments 89ZA and 93, and Amendment 90, to which I have added my name.

There should be no compromises on food standards. Agriculture and trade are clearly inextricably linked. From the Northern Ireland perspective, as I am sure the noble Lord, Lord Empey, would agree, we want to protect our existing food standards. We do not want the import of inferior-quality food, because we regard the food that our farmers produce to be of such high quality that it should be safeguarded and protected. Therefore, there must be regulations that do not lower animal health, hygiene or welfare standards for agricultural products below established UK or EU standards.

Animal health and food standards are vital, particularly at this time of a pandemic. I go back to the report of our Food, Poverty, Health and Environment Select Committee produced earlier this year, Hungry for Change, for which we received evidence from Henry Dimbleby, who is leading the national food strategy. As the noble Baroness, Lady Boycott, said, he was quite clear that the consumer and the farmer want good-quality food. They do not want any compromise on standards, and they definitely do not want food imports of a lower quality. They do not want chlorinated chicken or hormone-infused beef. Such standards have to be protected, and that has to be written on the face of the Bill.

I remind noble Lords of the debates on the Agriculture Bill in the other place several months ago, particularly on the amendments concerning food standards. Farmers, farmers’ unions, environmentalists, the Food Foundation and the National Trust all believe that we and the Government need to hold food imports to the same standards that currently exist in this country. There must be no lowering or undermining of those standards in order to bring in cheaper food of an inferior quality. I would like to hear the Minister say today that he accepts these amendments—their words, their tenor and the sentiment behind them—and that they should be written on the face of the Bill. I support them.