Agriculture Bill

Lord Faulkner of Worcester Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 9th July 2020 Lords Chamber

Amendment 13 not moved.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, we come to Amendment 14. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 14

Moved by

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[Lord Taylor of Holbeach (Con) [V]]

My Lords, Members of the House will probably know of my interest in this Bill through my family business, as listed in the register.

Noble Lords may also know that the noble Lord, Lord Greaves, was a sparring partner when I was a Minister in Defra and, of course, a former comrade in arms when we were in opposition together. His rhetoric always encourages me to speak, but I must challenge some of his assumptions. His view of landscape and local nature, as defined in these amendments, is principally retrospective, and I am not sure I can agree with this approach. The contribution of other noble Lords has raised similar doubts.

I do not disagree with the noble Lord’s view, as Amendment 19 proposes, that the reintroduction of native species can be laudable, but he rightly uses the word, “appropriate”. That judgment is much harder to make if its purpose is to re-create a sustainable wildlife and ecology in changed landscape scenarios. Undoubtedly, landscape and ecology in relation to place are of the essence, but this is not static, and nor is man’s interaction with it.

Perhaps, I can illustrate this. Much has been done to address the need for natural ecology even in the fens, an area of the most intensive cultivation and agricultural and horticultural production. That landscape is my home. It is a consequence of human intervention: almost perfectly flat and an acquired taste. It is none the less an important centre of commercial production; pastoral, it is not. But every aspect of that landscape—the rivers, dykes, banks, fields, roads and droves—are man-made. Some of the best-known reserves of natural habitat are situated in the Vermuyden washlands; our legacy is a consequence of the 17th-century adventurers who created them. Turning the clock back in such a situation is not an alternative.

Some noble Lords familiar with the east coast main line will see, south of Peterborough, a project stretching through the Fens, as far as Wicken Fen near Ely, to re-establish a fenland ecology. This can be achieved only by a recreative process just as complex as the original drainage itself. Meanwhile, the on-farm projects which the Bill encourages are equally studied and managed. These illustrations are not rewilding but deliberated. I support this process and I hope that my noble friend the Minister will be able to say that this is exactly what the Bill recognises in Clause 1(1)(c).

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Naseby, is not on the call, so I call the noble Lord, Lord Cormack.

[Lord Cormack]

My Lords, it is a particular pleasure to follow my old and noble friend Lord Taylor of Holbeach; a fellow Lincolnshire man who is regarded with great affection in all parts of your Lordships’ House, he struck a note of caution.

I am grateful to the noble Lord, Lord Greaves, for giving us an opportunity to debate this subject briefly, but I am not absolutely sure whether we need to amend the Bill. If we look back over the last two or three decades, we can see a number of changes, some of which have been very good and others perhaps less so. I remember when I used to drive through the Chilterns, on my way from Staffordshire to London, and suddenly those wonderful red kites would emerge; it reached the stage where one never had the journey without seeing red kites. They were of course despised scavengers in Elizabethan London, but, in the Chilterns, they are wonderful, soaring, graceful birds. There was a time when the buzzard was on the verge of extinction, but no more; that too is marvellous. But much as I admire the largest of all our birds of prey—the sea eagle, or the white-tailed eagle—I understand that farmers on the Isle of Wight are somewhat apprehensive for their flocks.

I was grateful to the noble Lord, Lord Greaves, for making it clear at the outset that he is not one of these nutters who advocates bringing back the wolf. Although he did not stray on to that territory, I also suspect and infer from what he said that he is not necessarily championing the return of the lynx—about which farmers are again somewhat apprehensive. However, we should bring back, and replace, certain things. There cannot be a Member of your Lordships’ House who does not inwardly weep at what has happened to the elm tree and the ash. At the moment, dieback is ravaging a tree that has been admired in this country for centuries. Then again, we have to ask ourselves what exactly is indigenous or native. If we were to go outside and ask people, many would immediately say the rabbit, but the rabbit came here with the Romans and was then cultivated by the monks as a source of food. One has to be very careful and balanced in all this.

While I would greatly welcome the conservation and increase in numbers of wildcats in Scotland, I entirely sympathise with what the noble Earl, Lord Devon, said about wildcats on Dartmoor. Of course, it is difficult to find a true wildcat, as there has been so much interbreeding with feral cats; again, that is something that we have to bear in mind. Similarly, although they are in many ways attractive and exciting to watch, I am not sure that the reintroduction of the wild boar, through escape, has been exactly what we would have wanted, yet they are now prolific in parts of Gloucestershire. If ever a subject deserved the moto “festina lente”—make haste slowly—it is this one. It is right for us to be discussing this, but it is also right to realise that it is not something we should accelerate without very careful consideration.

The noble Earl, Lord Devon, talked about the beaver—wonderful creatures; there was a wildlife film about them on television the other week. They are totally fascinating, but some people who live in the areas where they have been introduced would not exactly rejoice, as the noble Earl indicated in his speech a moment or two ago. Of course, we have seen what has happened when non-indigenous creatures have been introduced. There is the grey squirrel, which has put our native red squirrel in such peril, and, of course, the mink, which is a scourge. I fear that we in Staffordshire played a part in that, because a mink farm was broken into by animal liberationists and the mink spread all over the place. What was the result? Mink and no otter. I think one has to have balanced reflection and discussion.

I conclude by saying that I pay tribute to the noble Lord, Lord Greaves. It is good to raise the subject, but I urge caution upon the Minister. I very much hope that we will bear in mind that conserving and preserving our indigenous wildlife is what we must concentrate on.

[The Deputy Chairman of Committees]

The noble Lord, Lord Rooker, is now not intending to speak, so I call the noble Baroness, Lady Scott of Needham Market.

[Baroness Scott of Needham Market (LD) [V]]

My Lords, I am pleased that my noble friend Lord Greaves tabled these amendments, because it has given us a chance for debate and for the Minister to give us an idea of the Government’s thinking on this particular form of land management.

I recognise that, as the noble Earl, Lord Devon, mentioned, rewilding—whatever we called it then—has been around for a long time. The other week I was in Wicken Fen: I am not sure if it was ever unwilded, but it is certainly pretty wild there now. This is not new, but we have to recognise that rewilding is now being discussed more, and there is a lot more thinking about the role that landscape management can play in improving diversity, which we all know is in pretty steep decline. I am very pleased that these amendments, which I regard as probing, have been tabled.

I was struck when, in winding up on Tuesday evening, the Minister talked about balance, and we have heard a lot about that today. Among the things that make a Bill such as this so tricky are the multiple balances we are trying to strike; for example, between public access and safety, and between food production and biodiversity, and so on. Rewilding has a part to play, albeit a modest part, in helping redress some of those balances. It is possible to have a long-term approach to some habitats which will improve biodiversity but will not have a big impact on food production. They can be accessible and enjoyed by the public in a way that does not bring biosecurity risks and so on, which we discussed the other day.

I know that most noble Lords are concerned about the economic outlook in rural communities. There is a contribution to be made by rewilding, even if it is modest and hyper-local. Today’s Independent, for example, carried a story about a rewilding project near Loch Ness. It will involve some 500 hectares of land, with the restoration of peatland, native tree restoration and a focus on biodiversity. The estate will employ local rangers, and a small number of eco-cottages are being built by a local firm. In that small area it can make a big difference. Wildlife tourism is actually quite a big generator of income. In Scotland, interest in ospreys is estimated to bring in about £3.5 million a year in revenue. Rewilding can have huge benefits to individuals, who can better connect with nature, whether it is to relax or to learn about the countryside, which we spoke about in earlier amendments.

I recognise the problem of rewilding as a contested concept, with the fundamentalists on one side and the realists on another. There is a really good balance to be struck, which is about some of the concepts of rewilding and conventional environmentally friendly land management approaches.

Very close to me, the Suffolk Wildlife Trust is doing this very well in the Black Bourn Valley on former arable land. It is letting the former fields rewild to a certain extent, but there will be some grazing, which will help with the complexity of the vegetation structure. Turtle-doves, which we know are in steep decline, have really benefited from the development of these scrubby areas. Even here, within what is thought of as rewilding, there will need to be some intervention to keep the valley’s pond habitats in good health and to keep the variation there, so that the current biodiversity does not decline.

It comes down to this word: balance. For me, the key thing is not so much having everything absolutely nailed down in the Bill—you never get that—but having the assurances that this sort of approach will not be ruled out.

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[Baroness McIntosh of Pickering [V]]

My Lords, I am delighted to follow my noble friend the Duke of Montrose, who speaks with great authority and knowledge on these issues. I thank the noble Lord, Lord Greaves, for introducing this little group of amendments and for the opportunity to discuss native—and, perhaps I might say, non-native—species. I will limit my remarks to Amendment 19. The biggest threats to native species, as I see it, are the uninvited, unwelcome guests of non-native species. For example, I have seen first-hand the damage that Himalayan balsam can cause, particularly along the length of a stream; how difficult it is to eradicate; and the time and expense taken up by land managers in this regard.

When I was on the Select Committee on Environment, Food and Rural Affairs in the other place, we looked at this in a report on Chalara, which causes the ash tree dieback. I hope that when my noble friend the Minister sums up she will confirm that the practice by which, for some bizarre reason, seeds used to be exported from this country to others such as Denmark, Poland and others where the disease existed, and then we reimported those trees as saplings from those countries, has been stamped out and will not be repeated. It brought a high level of infection to this country. We now have a number of endemic diseases in the horse chestnut, which I fear may go the same way as elms did. We heard only this week in the Lords of a new threat, particularly to lavender and other plants, from Xylella fastidiosa.

I again commend the work of Fera—I know that it has changed its name, forgive me—which does great work in this regard, as well as on ash tree dieback. If the Government were to look favourably on this little group of amendments, I invite my noble friend to consider whether farmers and land managers could be reimbursed for the work that they do in trying to protect our native species from these unwelcome and uninvited non-native species.

[The Deputy Chairman of Committees]

The next speaker is the noble Lord, Lord Marlesford. Lord Marlesford? If the noble Lord does not wish to speak, we will move on to the noble Lord, Lord Randall of Uxbridge.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this has been a very interesting little debate on this subject, which I am incredibly interested in. I am grateful to the noble Lord, Lord Greaves, for introducing these amendments. The debate has shown that the problem is to some extent with the term “rewilding”. Although he gave the definition, there are a lot of misconceptions about what it might mean because a lot of people have different meanings that they put on it. As we have heard, they go from the reintroduction of apex predators down to just changing an area. There have been some very successful examples of rewilding. However, we would do better to talk about restoring. A lot of that has been going on, and I have a feeling—the Minister will explain—that this is already part of the Bill. This would be something for public goods.

There have been some very successful reintroductions of formerly native species, not necessarily those that have been mentioned, but some of the butterflies, such as the large blue and the chequered skipper, and cirl buntings, which in the south-west were almost extinct. I was rather shocked when, a year or so ago, I mentioned to someone that I had seen cirl buntings in the Chilterns, and they looked at me as if to say, “I’ve actually met someone who saw cirl buntings in the Chilterns”. I did not think it was that long ago, but that is how we end up as we get older. I would love to see them reintroduced. It would not be a huge problem. Perhaps if farmers or land managers in those areas could be given some financial assistance. There also may be other people who could do it.

The noble Baroness, Lady Scott of Needham Market, mentioned Wicken Fen. A large, unprofitable carrot farm, I believe, up near Lakenheath is now the RSPB Lakenheath Fen Nature Reserve, which was established because the RSPB was concerned about the rising sea levels affecting a lot of the species currently along coastal areas, such as bitterns and bearded tits. That has been highly successful. These are the sorts of things that I would like to see included.

I want to see a helping hand, and it does not have to be on a large scale. Some of us do not entirely mow the lawn but let some of it grow wild to encourage insects and other flower species; that could be called rewilding, but that is not large scale.

I am very impressed by the extensive knowledge of nature, which I should have known there would be, in your Lordships’ House. I have been passionate about nature since I was a boy, and I recommend to anyone interested another good book besides the rewilding one regarding Knepp. It is Rebirding: Rewilding Britain and Its Birds by Benedict Macdonald, which shows that some of the species that we are talking about were here go back further than just a couple of centuries. It is a very worthwhile read. I await the Minister’s remarks, but this has been a fascinating debate.

[The Deputy Chairman of Committees]

I call the noble Lord, Lord Clark of Windermere. We do not have the noble Lord, Lord Clark, so I call the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the amendments from my noble friend Lord Greaves in this group encourage financial assistance for the reintroduction of native species or animals and plants that have become extinct, and I thank him for the opportunity to debate this. He has set out what rewilding is and what it is not.

The noble Lord, Lord Inglewood, mentioned the rewilding at Knepp. This has led to a large number of rare and beautiful butterflies and insects returning to the land. The Rare Breeds Survival Trust provides the information that, between 1900 and 1973, the United Kingdom lost 26 of its native breeds of livestock. I welcome the return of the red kite, the sea-eagle and the golden eagle in Scotland. The breeding programmes for these birds require a delicate balance. I agree with the noble Lord, Lord Cormack, about the beauty of these birds.

Currently, there are about 30,000 herds and flocks of native breeds in the UK. They contribute over £700 million to UK local economies. Native breeds were bred for the British landscape and can thrive on even marginal grassland with a minimum of expensive inputs. It is important to preserve our national identity and heritage and, where possible, to reintroduce native breeds. All this can assist biodiversity, as my noble friend Lady Scott of Needham Market has said. Balance is everything, and butterflies are much more welcome than beavers.

The Crop Protection Association tells us that the crops that our farmers grow must compete with around 30,000 species of weeds and 10,000 species of insect pests and countless diseases. However, statistics show that nine out of 10 adults in England are concerned about the increasing threats to the natural environment, with nearly two-thirds specifically worried about biodiversity loss. Farmland birds have declined by 54% since 1970. So is now the time to be thinking about rewilding schemes?

A huge amount of investment is needed to get rewilding started, and often huge grants are required to keep the funding going. As the noble Lord, Lord Lucas, has indicated, that could be through fencing. In the last couple of years, there has been an increased interest in rewilding from landowners, including farmers, not only here in the UK but throughout Europe and indeed across the world. However, it is not a short-term fix and it has proven to be economically unviable on a large scale. It is undoubtedly true that rewilding has a place in agriculture and in the make-up of our land as we go forward, but the way in which it will be funded is not straightforward.

The Rare Breeds Survival Trust tells us that the meadows and pastures we value so much came into being because they were grazed by our native livestock. If we want to restore or even create more of them then the Government should be incentivising farmers to keep native livestock, but a softly-softly approach is needed. In addition, native cattle, with their unusual appearance, horns, long coats, colours and so on, add much to the quality of the landscape.

Wholesale rewilding without thought to neighbouring landowners and farmers is not likely to find favour. It is undoubtedly true that the countryside is a much more interesting and attractive place when it has been rewilded, but will that be sufficient for the practice to become more widespread than is currently the case? I look forward to the Minister’s comments, as I am in two minds about this group of amendments.

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In recent years, Her Majesty’s Government have talked about improving how they use their own land holdings across the country. Can the Minister say what consideration has been given to devoting a proportion of those holdings to rewilding?

[The Deputy Chairman of Committee]

Is the noble Lord, Lord Clark of Windermere, still on the call? No. In that case, I call the noble Baroness, Lady Bloomfield of Hinton Waldrist.

[Baroness Bloomfield of Hinton Waldrist]

I thank the noble Lord, Lord Greaves, for Amendments 19, 52 and 102 on the subject of rewilding and native species. I am very grateful for his elegant elucidation of what he means by rewilding and what it does and does not include.

I can confirm that the Government are committed to providing opportunities for reintroductions where the environmental and socioeconomic benefits are clear. Perhaps at this stage I should draw noble Lords’ attention to Clause 1(1)(4). In the words of my noble friend the Minister, there is a balance to be struck. Clause 1(1)(4) says:

“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”


We understand how the reintroduction of species can play an integral role in increasing biodiversity and restoring natural processes, as well as in other environmental outcomes such as climate change mitigation and adaption. The Government have already supported the reintroduction of native species in this country, such as the pine marten, the red kite and—as I am sure my noble friend Lord Randall and the noble Baroness, Lady Bakewell, will be pleased to hear—the large blue butterfly. A number of noble Lords also mentioned other initiatives. We are keen to explore, through ELMS for example, where the reintroduction of species could be effective in delivering diversity and carbon benefits. My noble friend Lord Lucas mentioned the excellent work of Kew, with the provision of its seed bank.

However, my noble friends the Duke of Montrose and Lord Taylor of Holbeach and the noble Earl, Lord Devon, all injected a note of caution into the debate. These initiatives can often need more management than is anticipated. Beavers, mink and wild boar have all created some severe consequences for landscapes. Natural England is analysing the results of the Devon trial on the reintroduction of beavers. There are a number of other experiences of beavers across the UK and in other countries. Alongside the trials, there is a beaver management strategy framework that will help to inform decisions on the future of the Devon animals and the status of the beaver in England, including the Government’s approach for future reintroductions, management and licensing.

My noble friend Lady McIntosh of Pickering raised issues to do with importing diseased trees. She will be reassured that the importation of invasive species is now prohibited. The Government already pay for the control and management of invasive species through an agri-enhancement scheme. We are considering how to manage invasive species as part of the whole ELM design. Clause 1 would allow this.

The purposes set out in Clause 1(1) are purposely drafted broadly and could cover the reintroduction of species, should it align with our strategic priorities, as set out in the Government’s multiannual financial assistance plan. We will publish the first report by the end of this year.

Several other rewilding projects are already under way in England. For example, as my noble friend Lord Lucas, the noble Earl, Lord Devon, and others mentioned, at Knepp, in West Sussex, agri-environment funding has helped create extensive grassland and scrub habitats, resulting in significant benefits for biodiversity. At this stage, I also endorse wholeheartedly the plug from the noble Baroness, Lady Wilcox, for the opportunities for wildlife watching in Wales.

With these reassurances, I ask the noble Lord, Lord Greaves, to withdraw his amendment.

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Amendments 20 to 25 not moved.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 26. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in debate.

Amendment 26

Moved by

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[Baroness Hodgson of Abinger (Con) [V]]

My Lords, I speak to Amendment 26, in my name and in the names of my noble friends Lord Caithness and Lord Shrewsbury. They have—[Inaudible]—so I will not repeat what they have already said. [Inaudible]—and thus need more health interventions, and I am thinking particularly of indoor poultry and pigs.

I hope that we can transpose “or” with “and” to ensure the highest welfare for poultry and livestock.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We are having problems connecting to the noble Baroness, I am afraid. We shall move on to the next speaker and come back to the noble Baroness later. I call the noble Lord, Lord Greaves.

[Lord Greaves]

My Lords, I am enthused by Amendments 68 and 77 in the names of the noble Baronesses, Lady Jones of Mouslecoomb and Lady Bennett of Manor Castle, but I think that they explain themselves. They are set out well, they stand for what they stand for and the two noble Baronesses will speak to them. I think you have heard enough from me for the time being, and I will say no more.

Fisheries Bill [HL]

Lord Faulkner of Worcester Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 24th June 2020 Lords Chamber

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, I have received a request from the noble Baroness, Lady McIntosh of Pickering, to ask a short question for elucidation.

[Baroness McIntosh of Pickering [V]]

I am increasingly alarmed by what my noble friend says. This seems to be a step backwards. We heard clear undertakings at Second Reading and in Committee that we would continue to take the science from the tried-and-tested research capability to which we contribute financially at present and whose excellent experts we previously heard from in the EU Environment Sub-Committee of our European Union Committee. I am alarmed that there is any question of us moving away from the international science community. As we have established, we do not have unique control over the fish. They move around. I want an assurance that we will not look at moving away in the next five or 10 years, as well as a further commitment from my noble friend that our current commitment to financing ICES after 31 December this year is assured.

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Amendment 21 agreed.

[The Deputy Speaker]

We now come to the group consisting of Amendment 22. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 22

Moved by

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[Baroness Young of Old Scone [V]]

My Lords, I support this amendment in the name of my noble friend Lady Jones of Whitchurch. The situation reminds me of what used to happen with EU structural funds, which were intended to promote regional development and often funded roads and railways into remote rural areas. These promptly allowed all primary agricultural and other products and skills to be sucked out of those rural areas and processed elsewhere, which resulted in more impoverishment of the very areas the investment was intended to help. We do not want an example in the Fisheries Bill of inadvertent consequences of this sort.

Bearing in mind that we are repatriating and setting forth towards a brave new world of our own fisheries management independence, it is highly appropriate that this amendment aims at ensuring that our new fisheries regime will make sure that UK producers, processors and coastal communities play a full role in a thriving and sustainable fisheries market, and at the promotion of UK jobs and skills. This is a highly appropriate amendment.

[The Deputy Speaker]

I call the noble Lord, Lord McConnell of Glenscorrodale.

[Lord McConnell of Glenscorrodale (Lab)]

I pay tribute to the Deputy Speaker for getting my title right; many before him have tried and failed.

I very much welcome this debate and the amendment in the name of my noble friend Lady Jones. I am minded to support it on the principle of the coastal town economies affected by the historical decline in activity around the fishing industry. This is a very important debate and amendment; the issue is absolutely central to wider economic regeneration, if that is to be one of the objectives of the repatriation of powers from Brussels. However, I have some concerns about the constitutional principles relating to this amendment and would be very grateful if my noble friend could perhaps clarify her thinking on these issues if she intends to push this amendment to a Division.

I am concerned that the amendment simply talks about “consulting” the devolved Governments—particularly the Scottish Government, who have clear legislative authority—rather than “agreeing” with them a national landing requirement. I am interested in knowing the thinking on having a UK-wide national landing requirement imposed from the centre rather than agreed by consensus across the four nations, and how that would work in practice.

As was mentioned regularly in your Lordships’ House on Monday afternoon, the Scottish Government have already indicated their support for a legislative consent Motion for the Bill as it currently stands. Notwithstanding that, I was willing to support amendments on Monday that might challenge that position. What consultations, if any, or thoughts might there be in relation to the position of the Scottish Parliament on a national landing requirement? I would be interested in knowing that in advance of the House dividing on the amendment, perhaps creating a situation where the legislative consent Motion is withheld because of this or other amendments.

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[The Deputy Speaker]

The next speaker on the list was the noble Baroness, Lady Kennedy of Cradley, but she has indicated that she does not wish to intervene at this stage. Therefore, I now call the noble Lord, Lord Blencathra.

[Lord Blencathra (Con) [V]]

My Lords, although subsection (2) of the new clause proposed in the amendment states that the UK Secretary of State must consult fishing bodies and the devolved Administrations of Scotland, Wales and Northern Ireland, the clause would require this United Kingdom Parliament to legislate for the devolved Administrations in a manner that is not consistent with the devolution settlement. I do not think that Mrs Sturgeon would like that very much, and I agree entirely with the noble Lord, Lord McConnell.

The Bill is carefully constructed to devolve as much power to the devolved Administrations as legally possible, and we should not adopt an amendment that requires the UK Secretary of State to legislate for the devolved Administrations on a devolved issue. Furthermore, it is not necessary. I refer noble Lords to Schedule 3 to the Bill, which states, inter alia:

“Power to attach conditions to sea fishing licence


1(1) A sea fish licensing authority may, on granting a sea fishing licence, attach to the licence such conditions as appear to it to be necessary or expedient for the regulation of sea fishing (including conditions which do not relate directly to fishing).


(2) The conditions that may be attached to a sea fishing licence include, in particular, conditions—


(a) as to the landing of fish or parts of fish (including specifying the ports at which catches are to be landed);


(b) as to the use to which the fish caught may be put”.


There is more but it is not relevant to this part of the debate. Therefore, the Bill already provides the powers necessary for each of the fisheries Administrations of the United Kingdom to introduce a landing requirement designed by them for their own specific national conditions. Thus, it is not a national landing requirement for the UK; it is four national landing requirements for each of the countries of the UK.

Indeed, each fisheries Administration has a landing requirement as part of the economic link condition in the licences it issues. This is one of several economic link criteria that ensure that the UK receives economic benefit from UK-registered vessels that fish against UK quota.

The amendment requires 65% of fish caught in UK waters to be landed in the UK. That is a desirable aspiration. Superficially it is appealing, and it appeals to me instinctively. However, at the moment there are good reasons—commercial or economic—why a vessel might want to land its catch abroad. The current economic link criteria allow this flexibility while requiring vessel owners to contribute to the UK economy in another fashion. The amendment would seem to place unjustified restrictions on the ability of vessels to seek the best market for their catch and therefore would not necessarily be in the best interests of the industry.

I suspect that I am the only Peer taking part who is a supporter of Fishing for Leave. Indeed, I am probably the only Peer in the whole House who is a member and supporter of this organisation. I commend Fishing for Leave for its splendid work during the referendum and its campaigning on fishing issues since. I think I am right in saying that it is a Fishing for Leave point that the UK has lost fish processing capacity. It must be a key objective to rebuild that capacity in our ports once again. However, at the moment our UK fishing ports cannot handle and process the fish which British boats could land. The noble Baroness made the point that some ports cannot take big boats, and time is required to reconstruct those ports. Now that our fishing grounds, catches and landings will be back under UK control, I look forward to that capacity being rebuilt, but we are not nearly there yet.

Finally, the fishing industry has long objected to the inflexibilities imposed by the common fisheries policy. One of the much-anticipated outcomes of Brexit is the opportunity to move away from the CFP. That was a key demand from Fishing for Leave, which I strongly support. The amendment requires that the landing requirement be imposed by secondary legislation, but the current economic link criteria exist in licensing conditions, enabling alterations to be made fairly quickly in response to changing circumstances. I do not think that we want to leave the CFP while introducing a more restrictive approach to our management of the economic link policy. That would seem to waste the opportunity that leaving the EU has provided us with to improve our fisheries management.

Therefore, although the amendment is well intended, I submit that it is wrong in devolution terms; it is unnecessary, since Schedule 3 already provides for it; and it is inflexible when there are faster solutions.

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Amendments 56 and 57 agreed.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

We now come to the group beginning with Amendment 58. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Clause 48: Interpretation

Amendment 58

Moved by

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[Lord Gardiner of Kimble]

My Lords, I am particularly grateful for the noble Lord’s amendment because it gives me the opportunity to expand further on how our definition of MSY relates to the fisheries objectives, in particular the precautionary objective, and to our ecosystem approach to fisheries management. I found it immensely rewarding to have early conversations with the noble Lord, Lord Krebs, and fisheries scientists to explore these matters. I am most grateful to the noble Lord and the scientists for their consideration and time in these helpful discussions.

Under the common fisheries policy, fisheries management has largely focused on the management of individual stocks. Clearly fish stocks interact, however, and fisheries activity also has wider impacts on the marine environment. That is why in our 2018 White Paper we committed to moving towards a more holistic ecosystem approach to fisheries management. This approach is supported by emerging best practice in fisheries science. For example—I emphasise this to my noble friend Lady McIntosh—ICES, the international body that advises on fish stocks, now provides advice on sustainable range alongside the traditional point estimate for MSY. Rather than trying to fish all stocks simultaneously at the point of MSY, setting harvest rates within a sustainable range provides flexibility when dealing with the complex interactions in mixed fisheries.

I say to my noble friend Lady McIntosh that we will be continuing to work with ICES, which, as I say, is an international body of great reputation. For instance, when scientifically justified, the provisions in the Bill would already allow us to underexploit some stocks marginally in the short term in order to seek to ensure that all stocks can be fished sustainably. Given that MSY assessments can fluctuate significantly due to scientific uncertainty, it would also allow us to smooth out year-by-year changes in catch limits to help to stabilise progress towards MSY and provide the industry with greater certainty. Such an approach better reflects the future direction of UK fisheries policy.

I say directly to the noble Lord, Lord Krebs, and others, that, in future, fisheries management decisions for both single and mixed fisheries will be based on data-driven science and will include broader ecosystem considerations, including environmental change, together with improving the alignment of fisheries management with fisheries science. Our fisheries science specialists at Cefas are already developing cutting-edge mixed fisheries modelling for the North Sea, the Irish Sea and the Celtic Sea to understand better the benefits of future fisheries catches when moving towards MSY and even to lower exploitation rates, and to reduce the risks of stock depletion.

I thank my noble and learned friend Lord Mackay; I have found that it is essential to hear an expert lawyer’s view. The current definition of MSY in the Bill includes references to theoretical MSY and is linked to the reproduction process of stocks because doing otherwise would in practice further restrict the definition and make it more difficult to follow. Giving other factors equal weight as part of the MSY definition in itself, as these amendments propose, could dilute the key criterion of maintaining the reproduction process of stocks.

The MSY definition as currently worded will instead permit us to set harvest rates within sustainable ranges. This provides the necessary flexibility to look at fish stocks collectively within the ecosystem. It enables us to balance complex biological and ecological interactions within our fisheries as we work to rebuild stocks while allowing a sustainable fishing industry. Our definition is compatible with the current ICES interpretation of MSY.

With that explanation of the wider elements of managing our complex mixed fisheries, as well as the commitment around the use of data-driven science to ground our fisheries management decisions, I very much hope that the noble Lord will feel able to withdraw his amendment.

[The Deputy Speaker]

My Lords, I have received no requests from any noble Lord wishing to come in with a short question for elucidation, so I call the noble Lord, Lord Krebs.

[Lord Krebs [V]]

My Lords, I thank all noble Lords for taking part in this short debate on a key concept in fisheries management, and for the support for my amendment from across the House. I also thank noble Lords for their kind words about my contribution. I will take this opportunity also to thank the Minister not only for his reply to this amendment but for what in my view has been his outstanding handling of the Bill on Report with great patience, dignity and a positive spirit.

I refer noble Lords to the comments made by the noble and learned Lord, Lord Mackay of Clashfern. He explained to us, I assume from a legal point of view, that when it says “theory” it actually means “data”, and when it says “reproduction process” it actually means “viability of stock”. I am only a scientist, as I gather the noble and learned Lord was when he started out, but he progressed to becoming a lawyer, and I accept that if it is not what it says on the face of the Bill in legal terms, perhaps that is right. However, it would have been nice to put the words on the face of the Bill.

MSY is one of those ideas that simply will not lie down and die. We could have taken the opportunity in the Bill to kill it off and move into the 21st century. Instead, we are fossilising our system in an out-of-date framework, apparently because we want to remain aligned to the common fisheries policy. We could have changed the definition of MSY in the Bill to meet the concerns that I have expressed.

Although the Minister explained why he was not prepared to change the wording, I see a glimmer of light. He acknowledged—I am most grateful to him for saying so—that fisheries management decisions will be based on data-driven science and will include broader ecosystem considerations, including climate change or environmental change. Although that is much less than I would have originally hoped for, I accept that it is a concession to the point in my amendment and I therefore beg leave to withdraw.

Agriculture Bill

Lord Faulkner of Worcester Excerpts

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

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

Welcome back, my Lords. We resume debate on the Second Reading of the Agriculture Bill. The first speaker I will call is the noble Lord, Lord Judd.

We do not seem to be connecting with the noble Lord, so I shall call the noble Duke, the Duke of Montrose.

[The Duke of Montrose (Con) [V]]

My Lords, I must thank my noble friend the Minister and his officials for the time they have spent briefing us on the interpretation of the Bill. I also declare my interest as a hill farmer and livestock breeder in Scotland.

The legislation before the House has not been shy in hiding that it is purely an enabling Bill for the Secretary of State. Fortunately, it allows us a fair bit of scrutiny but, at the same time, I am struck by the absence of any hint of common frameworks for the devolved Administrations. In April 2019, the Government reckoned that there were 21 policy areas where negotiation was needed on common frameworks. Can the Minister say in how many of those areas frameworks have been achieved and how many more are left in consideration?

One thing that has obviously been put to one side in the Bill is any sense of a common framework for carcass classification, which, given the quantities of the product that are traded between the devolved components of the UK, would seem like an obvious area for consideration. What effort will be made to achieve some common direction here? The noble Lord, Lord Grantchester, pointed out the missing Dimbleby review of food policy. It is not easy to make sense of the finer points of an agricultural Bill without a clear assessment of the current role that both agriculture and food are expected to play.

The present message coming through to me is that farmers are being clearly told that we must guard the purity of any water and contribute to the national target for net zero carbon emissions, but much of the other side of the equation is missing. Unless there is a scientific breakthrough, there can be no doubt that this will mean a loss of land for productive capacity, and it is hard to see that happening without a loss of farm units and national self-sufficiency. The upside of Brexit is supposed to be trade. The farmers in this country would be very ready to compete but their basic request is for a level playing field.

I think that we all received the joint letter from the Secretaries of State saying how the Government promise to maintain our high standards, but they have already rejected the opportunity to put those on the face of the Bill. If the standards that we wish for come to be seen in any way as restrictive to trade, I am still puzzled to know how they will be enforceable in the face of any WTO charge. The boundaries that we are trying to maintain do not infringe any sanitary or phytosanitary issues. I hope that the Minister will make it plainer to us what the Government would like to see.

Another factor that we are dealing with centres around trading with the United States. We are in the middle of a drive for agriculture to contribute to net zero carbon equivalence. Money and research are going into this topic on both sides of the Atlantic and, in the US, much of it is to do with achieving faster growth rates and using additives that are not allowed under EU rules. The effect of this will be that United States beef could claim a lower carbon footprint than we can achieve in this country, especially if the US can find an ecological way of transporting it.

[The Deputy Speaker]

I now call the noble Lord, Lord Judd.