Agriculture Bill

Lord Campbell of Pittenweem Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, I declare an interest: my stepson is a farmer in Scotland. I also associate myself with a remark made originally by the noble Earl, Lord Lindsay, and followed by the noble Lord, Lord Duncan of Springbank: that it is surprising that no impact assessment is before us.

Noble Lords may, like me, have received a briefing from the National Farmers’ Union of Scotland—16 of the Bill’s clauses apply to Scotland—and it has sought to have a particular point made in this debate: that where the Bill, or indeed Brexit, creates new financial and regulatory frameworks, Scottish interests must be represented.

It is plain from the debate so far that there is real anxiety that little protection is offered to domestic producers from cheaper imported food produced to lower standards. We heard what the Minister said, which I of course accepted; we have seen what Ministers have written about, but I have had a lot of ministerial letters in my time and, to be quite blunt about it, their effect normally lasts only until the subsequent letter, which begins “In view of changed circumstances…” I cannot understand why the all-party amendment proposed by Neil Parish MP in the Commons was not accepted by the Government. At one step, they could have removed the anxiety and suspicion that the Bill has created in this matter.

But of course, it is more than ministerial letters; the Government’s manifesto promises that

“we will not compromise on our high environmental protection, animal welfare and food standards.”

We know the extent to which the Government feel obliged to meet the terms of their manifesto, so how can they possibly meet them in the circumstances that we are discussing? There is only one way in which it can be done, and that is that in any trade treaty it should be an essential—and I use that word in the legal sense—condition that the promise is met in terms.

I have already said that 16 clauses in the Bill apply to Scotland, and I want to finish by referring to Clause 17, on the duty to report to Parliament. Food security has been a live issue in recent weeks, but it seems to give the Government far too wide a measure of discretion that the obligation arising under that clause should be only at five-yearly intervals. I heard what the Minister said, that there might well be occasions when an earlier report was made to Parliament, but is this not a matter of such significance and importance that the obligation should be met annually? Food security is a strategic requirement of every Government; this Government should recognise that.

[The Deputy Speaker]

Before the speech of the noble Lord, Lord Trees, I should advise the House that the noble Lord, Lord Judd, will now speak as the first speaker in the second section of the Second Reading of the Agriculture Bill and before the noble Duke, the Duke of Montrose.

Agriculture Bill

Lord Campbell of Pittenweem Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I will say a few words in support of Amendment 78. I come from a long line of sheep farmers and I have no financial interest to declare, other than that my brothers, nephews and nieces continue the long family tradition. As I said at Second Reading, I am fully aware that the Bill applies to England and that it is for the devolved Governments to phrase their own financial provision, as they should, agriculture having been devolved. However, there is, allowing for divergence, an emphasis on a single UK market. For some years, the agreement reached with the Welsh Government will make that provision. My noble friend Lord Adonis coupled Wales with Scotland. He failed to understand the different approaches of Wales and Scotland in the agreements they have reached. The Welsh Government will, I suspect—hope—take fully on board what happens in England in the way agricultural support is drafted, and draft legislation suitable for the needs of Wales.

I will make three points. First, hill farmers operate on very narrow margins and survive, to some extent, on the present financial assistance. Secondly, there is only limited opportunity for alternative uses of the hills and marginal lands. Thirdly, there are possibilities for encouraging other financial uses of premises, particularly for tourism. It would be a great loss to the country, and to my nation in particular, if any substantial part of the hill farming industry went out of existence. The loss would not be confined to those engaged in the industry; it would affect those who enjoy the countryside and who visit the area from time to time.

Bearing in mind Gray’s elegy, an empty countryside would be very much less attractive to everyone. Hence, we need a policy for hill and marginal land. Do we believe in maintaining them, and to what extent? What financial support should we contemplate? This is crucial, so that such farmers can plan for the future. It would be an enormous loss to the whole country if we allowed hill farmers and marginal farmers to wither on the vine. I am therefore anxious to hear the Government spell out in detail their plans, so that those farmers know where they stand, what they can look forward to and what other financial support they can hope to receive.

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, in the new farming environment there will be many challenges, which undoubtedly will affect some, if not all, of the four nations of the United Kingdom. In these circumstances, co-operation is not just desirable but necessary; that is why I support Amendment 66. Looking around us, we see the absence of co-operation between all four nations in relation to the virus. This should be an example to us of the importance of co-operation when it comes to agriculture. It is better to have an existing framework for Westminster, Cardiff, Edinburgh and Belfast than to deal with issues on the basis of ad hoc responses.

I have a few comments to add to the remarks of my noble friend Lord Bruce of Bennachie on Amendment 78. Support for what used to be the less favoured areas constitutes a set of public goods. First, it allows farming to continue in a viable business fashion. Secondly, it avoids the risk of land abandonment. Thirdly, it helps to maintain continued agricultural use. Of course, all three help to combat depopulation. But it goes further than that. Agriculture support helps to preserve communities and services such as education, and to maintain social infrastructure in areas where population is thinner than it is in the towns. Amendments 66 and 78 warrant support.

[Lord Naseby (Con) [V]]

My Lords, I have enormous sympathy for my noble friend on the Front Bench. This debate is all-embracing; I take a specialist interest in horticulture and forestry, but I feel almost out of my depth here. It reminds me of the Maastricht treaty, but I remind my noble friend the Minister: that was a Bill of four clauses, 500 amendments in order and 25 days of sitting, with three all-night sittings. Having said that, I am going to be brief, as there are only two amendments that I wish to comment on.

One is Amendment 5 in the name of my noble friend Lord Lucas, in which he suggests substituting “conserves” for “protects or improves”. In the debate, he reflected that “enhance” would be better. I think he is right, and I ask my noble friend the Minister to consider that.

Secondly, Amendment 7, in the name of my noble friend Lord Caithness, is quite important, inserting the phrase

“including growing crops for bioenergy”.

This is a vital area. I had the privilege of being on the energy Select Committee when there were the beginnings of some thinking about this. That was quite a long time ago, but if we are serious about carbon capture and storage, as I think we are in this country—there is a great deal moving forward on that—farmers must be encouraged to grow crops for bioenergy, assuming that the soil is suitable, et cetera.

I very much hope that my noble friend the Minister will be able to accept my noble friend Lord Caithness’s Amendment 7.

Agriculture Bill

Lord Campbell of Pittenweem Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Rooker (Lab) [V]]

My Lords, I have nothing to declare but, I hope, a touch of practicality. It is worth recalling that the food industry, if we take it from one end to the other, is the UK’s largest manufacturing sector. It is also worth remembering that sectors such as horticulture and pigs never received any common agricultural policy subsidies; they were direct to the market.

I want to comment on two or three of the amendments, in particular Amendment 53, on urban production. We have to be careful when we talk about urban production. Allotments and growing food for your own house and family is one thing, but if it is urban production employed for the community at large, we have to be very careful. For example, there are fields around airports where you are not allowed to grow certain foods—I think that the reasons for that will be obvious. That would apply also to fields that were very close to industry where pollutants were present. The only way in which we could really make an effort in urban production, and I agree with it, is if it was under cover or under glass. It might be vertical production, for which I cannot really see why there should be public subsidies, or glass-like production using waste heat. The sugar plant at Downham Market has a glass-house next to it—the last time I was there, it was 25 acres, but I think it has gone to 40 acres—growing tomatoes. They are not allowed even to call them organic. No pesticides or herbicides are used on them, but they are not grown in the soil. That is because of the religious zealots in the organic certifiers, but they are perfectly okay, and we could be productive in tomatoes with the other glass-houses and would not need imports. I am all in favour of that. It is probably factory farming, but it is not animals. It has to be done under cover and be mechanised. That would be an effective use of urban facilities for growing more of our food.

The contrast between obesity and malnutrition is very disturbing—I shudder at that—but we should not blame farmers for obesity. I invite noble Lords to google a BBC2 documentary called “The Men Who Made Us Fat”. It was shown about five or six years ago. The sophistication in encouraging people to eat more, in bigger portions, is incredible and it is very profitable. It should not be, but farmers are not to blame on that point.

The noble Earl, Lord Devon, spoke about livestock supply. People might want to move away from livestock, but what is the problem in exporting it on the hook? We have exported for years. Before the BSE crisis, we had an incredible export performance in beef to Italy. It was cut in a separate way—I shall not mention it because it fitted a particular supermarket’s way of doing it. There was a massive amount of exports. We had the land for doing it, because of the pastureland in the west of England. If we want to cut down in certain respects, that does not mean that we should take the industry out. We should use it for export markets; that is what Brexit is supposed to be all about: we can improve our export markets. I do not really see why we should be too concerned about this.

The noble Lord, Lord Inglewood, made the point that we are not really that secure. I am in favour of using our land to grow as much of our food as possible. In some ways, I resent seeing fields of renewable energy platforms when I nip up and down the motorway when they could be used to grow crops. I do not know what the proportion of it is at present, but it is not a good use of agricultural land.

I very much support the point that the noble Lord, Lord Trees, made. I said last week that there has been a massive reduction in antibiotic use in animals, which has been pushed by the supermarkets and the food retailers. However, I made the point that there is still more to do in the game industry.

In some ways, although this is a very seductive group of amendments and I could support many of them, I am more on the line of the noble Lord, Lord Dobbs, than that of the noble Baroness, Lady Bennett.

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, who, as I think he promised, always has more than an ounce of common sense in what he has to say. I will talk a little about Amendment 75, which I am quite fascinated by. Although it has been rather dismissed already, if you analyse its possible consequences, they are both effectively public goods.

The amendment intends that financial support should go to farms that grow fruit and vegetables that are available, affordable and of good quality. That is certainly a public good, not least because it would contribute to food security. However, to follow the point made by the noble Baroness, Lady Kennedy, the more fruit and vegetables we grow, the more likely they are to be consumed. That goes right to the point about better health outcomes. Obesity and diabetes have just been mentioned.

There is also no question that too many people live in poverty in this country. Poor people have poor diets, poor health, poor life expectancy and poorer resistance. If, as a consequence of supporting food security, we are in a position to have an influence on that problem, this can reasonably be described as two public goods.

I looked up a statistic just before the debate started. Some 26% of children in this country live in absolute poverty. The consequences for their diet are obvious. If we encourage farmers to produce more fruit, vegetables and pulses, as this amendment suggests, we have a chance to have a much greater influence on the lives of these children. At first blush, it looked as though financial support had been drawn in the amendment simply for better health outcomes, but it could have a very considerable impact on farming and food security.

Finally, I adopt without question the very powerful arguments advanced by my noble friend Lord Bruce of Bennachie. He asked a number of questions that I hope the Minister will be in a position to answer.

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, it is a pleasure to speak to this group of amendments and this is another excellent opportunity to thank our farmers and front-line food producers for everything they do every day, not least during the Covid crisis. We owe them an enduring debt of gratitude. Through the correct deployment of this Bill, we have the means to swiftly repay the debt for the service they have given their local communities and the nation.

I congratulate the noble Lord, Lord Krebs, and all other noble Lords who served on the Select Committee, which produced a report with the excellent title Hungry for Change. Has my noble friend the Minister had a chance to reflect on the report and digest some of the recommendations set out therein?

It is a pleasure to hear the noble Lord, Lord Rooker, back in the Chamber, I grew up just down the road from the constituency that he served for many years. I learned a lot and always enjoyed listening to him when he was regularly on “Midlands Today”. I take his point about the use of agricultural land for non-agricultural purposes. I gently guide him towards Amendment 235, which is in my name and due to be debated on Thursday —for that, read “probably Thursday week”. I would be delighted if he would see his way to supporting that amendment, as it very much speaks to what he covered.

Agriculture Bill

Lord Campbell of Pittenweem Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Tuesday 21st July 2020 Lords Chamber

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, this has been a very interesting, thoughtful debate and I associate myself with many of the comments, not least those of the noble Earl, Lord Devon. In normal circumstances, I would agree wholeheartedly with my noble friend, Lord Blencathra, about not extending a deadline, because projects will simply extend to fill the space provided, but we are in extraordinary times, not just because of Covid but because, for the last four years, Defra and much of Whitehall have been able to focus only on one piece of wildlife, that being Yellowhammer.

Yesterday was Report on the Business and Planning Bill. In our deliberations, it became clear that emergency legislation needs to be passed in various situations and circumstances which will run to September 2021. In light of that, it seems logical and coherent across government policy that a move regarding the start of the transition period, from 2021 to 2022, would dovetail very much with that same legislative logic. Does my noble friend the Minister agree?

I also very much support the amendment in the name of my noble friend the Duke of Wellington. If legislation means anything, it must mean that it touches on those in the greatest need. I believe that my noble friend’s amendment very much goes to the point of covering those who fundamentally understand and deliver on stewardship, guardianship, public good and, indeed, equity. Does my noble friend the Minister agree?

Finally, will my noble friend the Minister comment on the current situation with the IT system within Defra? What is proposed for the new scheme, and is this set in stone or are discussions still afoot as to exactly how to structure the scheme from an IT perspective?

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Holmes of Richmond, in particular because I too support Amendment 149. In these proceedings we are encouraged and even exhorted to be brief, and I hope I can meet that expectation, first by adopting all the observations made by the noble Duke, the Duke of Wellington, and my noble friend Lord Greaves.

Some of your Lordships may remember that at an earlier stage in these proceedings I sought to make a case for the recognition of support for small farms in less favoured areas. I do so again today unequivocally because in my judgment, such support is not only desirable but necessary. It is necessary to ensure the survival of viable businesses, it helps avoid the risk of land abandonment, and it ensures that land continues to be put to good agricultural use, in addition to which it combats depopulation. I would describe all these as public goods. However, they are public goods which have benevolent consequences, because support of that kind and the continuation of agricultural activity in such areas helps preserve communities and support social infrastructure, such as schools, post offices and medical services. I hope therefore that when the Minister comes to address us he will provide an explanation as to why these desirable objectives and outcomes do not find favour with the Government.

[Lord Naseby (Con) [V]]

My Lords, I support Amendment 130. In my years in business I have run a few businesses in the rural area: principally some forestry in Herefordshire, a little horticulture—down to a very small amount now—a small amount of viticulture, and just 40 acres of woodland registered with the Forestry Commission. I have led a number of large businesses, in India, Sri Lanka and the UK. One of the key determinants of a successful business is not to have a review too long after you start out on a big project such as this one. In my judgment, seven years is far too long when there are quite so many variables.

We have only to listen to noble Lords as we debate the Bill. We hear of variables that were anticipated and of those that nobody ever expected to happen. In addition, there are new problems due to the fact that we will be an independent nation. There are variables caused by climate change—how many of those have we had in the last seven years? There are variables due to Brexit, and due to the Environment Bill, which we have yet to debate. There are variables that will come from the penetration of 5G across the rural parts of the United Kingdom. Broadband is absolutely vital to rural communities.

Finally, one of the key problems at the moment is that a significant number of the staff who serve us as civil servants, and do it so well, are still working from home—is it 90% of them? Can my noble friend tell me how many or what percentage of Defra staff are currently back in the office?

Agriculture Bill

Lord Campbell of Pittenweem Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick [V]]

My Lords, I rise to support Amendment 228, in the names of the noble Earl, Lord Dundee, and the noble Baroness, Lady Bennett of Manor Castle. The noble Baroness, Lady Young of Old Scone, talked about the need for a land-use strategy—I could not agree more—and said that Northern Ireland had a land use framework. Part of that framework is a land mobility scheme, designed to bring into farming new entrants and young people, who hitherto would not have been able to do so because they did not have access to land or were waiting on succession arrangements in their own family structure. This is a voluntary initiative between the Young Farmers Clubs of Ulster and the Ulster Farmers Union, and it gets some funding from the Department for Agriculture, Environment and Rural Affairs.

To underpin what the noble Earl was saying about bringing new entrants in, I can tell the Committee that the land mobility scheme is about helping to restructure our industry. It is about how we encourage young people into farming, and how we bring new skills, new thinking and a new generation into agriculture by matching people with opportunities and providing a service to facilitate workable arrangements. This much-needed initiative will match older farmers with no succession arrangements in place with younger farmers, and together they can develop long-term operational and financial plans for the farms in question, on an agreed basis. That is one way of bringing young entrants, and new entrants, into farming. It is a very slow process, but it is well worth examining. I recommend it to the noble Earl and to the Minister. We should see whether there are any possibilities to share experience. I suggest that something like this should be written into the Bill. That is why I support the amendment.

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, never let it be said that we do not range widely in our discussions. “Three acres and a cow” was, of course, the mainspring of the distributist movement, which enjoyed some popularity in the late 19th century and again in the 1920s. I have not heard it discussed for a long time, and the noble Baroness who brought it to our attention has allowed us to reflect on history.

I shall speak to Amendment 228A, in the names of my noble friends Lord Greaves and Lord Addington, but having heard those who tabled Amendments 227 and 228, I support those amendments as well. Amendment 228A would create a statutory obligation that a land-use strategy, if adopted, should be taken into account in the development plan documents and the planning decisions of all planning authorities. It is worth asking: what would be the point of it if it did not enjoy that kind of notice?

As has been said, we are embarking on a period of considerable uncertainty in agriculture. We are changing from a long-standing regime to a new one, and in that change, planning authorities would be much assisted by a land-use strategy. If they adopt it as far as relevant in their development plans and use it to determine competing land uses, they will produce valid and consistent policies and informed decisions on such planning applications as come before them.

There is one particular area in which planning authorities will need to be consistent and informed. If the present Government’s announced policies in relation to the provision of housing are to be achieved, there is little doubt that local authorities and planning authorities will be under severe pressure to permit residential development. Volume housebuilders prefer green fields. They do not like brownfield sites because of the problems of land assembly or access, and they certainly do not like contaminated land because of the considerable expenditure involved in making it suitable for construction.

Agriculture Bill

Lord Campbell of Pittenweem Excerpts

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, like others, I begin by expressing my admiration for the stamina, professionalism and tolerance which the noble Lord, Lord Gardiner, has displayed throughout these extensive proceedings. I am similarly appreciative of the efforts of the staff of all kinds who have ensured that this marathon Committee has, at last—but not quite—come to an end. I would also like to adopt —as the lawyers say, brevitatis causa—the most erudite analysis pronounced by the noble Lord, Lord Thomas of Gresford, on the history of Henry VIII powers, getting up to date with a reference from the noble and learned Lord, Lord Judge, who I shall say a word or two about in a moment.

Henry VIII powers, when they are made, are almost always in the interests of the Government, not the public. With a framework Bill, together with the authority to use Henry VIII powers for repealing certain statutory provisions, this Government could easily create for themselves a blank canvas upon which to make detailed provision, which to a large extent would be sidestepping Parliament. That surely cannot be right.

Let me finish by issuing a recommendation to noble Lords. The noble and learned Lord, Lord Judge, in a lecture in April 2016, conducted an analysis rather similar to that of the noble Lord, Lord Thomas. He finished by saying

“what was once a small stream of delegated legislation … has become an inundation.”

Amendment 295 will not necessarily stem the tide, but it may slow down the flow to a certain extent.

[Baroness Northover (LD) [V]]

Clearly, there are major risks with Henry VIII clauses, and we have more of them in this Bill. My noble friend Lord Thomas reminded us of the roots of the term, and that the tools were once weaker than those used by the Government today. Statutory instruments are unamendable and almost never voted down. These clauses use secondary legislation to amend primary legislation. We are getting more and more instances of their use.

The House of Lords Select Committee on the Constitution has been very critical of this. As the committee put it:

“A distinguishing feature of the Brexit bills was the extent of the delegated powers they contained. Many were skeleton bills, providing broad powers to ministers to create new policy regimes and public bodies for the UK after Brexit with little or no detail as to what policy would be implemented or the nature of institutions which would be created.”


The University of Bristol Law School has noted:

“It seems that the desire to ‘take back control’ from the EU has morphed into an altogether more sinister desire on the part of the Government to minimise scrutiny of its policy choices.”


The noble and learned Lord, Lord Judge, to whom other noble Lords have referred, has called for such clauses to be

“confined to the dustbin of history”.

He is surely right.

There was huge concern about this when the predecessor Bill was published in 2018. There have been improvements, but they are insufficient. It is still not clear what the policy will be in the coming years, with so many “may”s and so few “must”s in this Bill. All noble Lords who have lasted this long in the proceedings on the Bill to contribute to this group have expressed concern. The Minister is probably relieved that some stood aside, but I expect they would have said similar things. However, even that would not have tested the patience of the Minister, who richly deserves a summer holiday back in the English countryside. But he will have much to think about.

Despite the changes from the 2018 Agriculture Bill, the Delegated Powers Committee remains concerned, and these amendments reflect that. These amendments also reflect the NFU’s concern. Nothing is certain for British agriculture at the moment, and these powers need to be clarified and curtailed. I look forward to the Minister’s response.