Tuesday 30th October 2018

(5 years, 5 months ago)

Public Bill Committees
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David Drew Portrait Dr Drew
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That is the point. The argument I am advancing is nothing other than something that has been advanced in the other place. I do not know what the Minister thinks about the Delegated Powers and Regulatory Reform Committee of the House of Lords, but it is hardly a strong supporter of the Government’s approach. It reported:

“We are dismayed at the Government’s approach to delegated powers in the Agriculture Bill.”

That is a cross-party Committee, and as much as we will do our bit in this place, I suspect that the Government are not looking forward to taking the Bill through the Lords, because the Lords will certainly make those points, following their current investigation. In the 36 clauses, they identify 26 powers of Ministers to make law, including five Henry VIII powers, which we always tend to question. Perhaps it is the Opposition’s job to be the lender of last resort to ensure that we do not allow things to slip through in any way. We make no apologies for concentrating on this important issue early on. We are not asking for everything to be turned into duties—that would be silly. Clearly, a future Minister will need discretion, but unless they know what the law is, it will be totally down to discretion. That is not a good thing.

It is interesting that we are now undertaking legislative scrutiny, because the Select Committee is looking at the Bill at the same time as us. If we had had pre-legislative scrutiny, perhaps we would have ironed out some of these issues. This was certainly one of the dominant themes during the evidence sessions from different groups. I do not think that any of them would argue that they were happy with the powers currently left in the Bill; some duties are needed. I have no doubt that we will debate this over the course of the morning, but we regard it as a missed opportunity. According to the explanatory statements, amendment 44

“would require the Secretary of State to provide financial assistance for the purposes listed in Clause 1,”

and amendment 45

“would require the Secretary of State to make regulations for the checking, enforcing and monitoring of financial assistance in Clause 3.”

Those are pretty important things. If the Secretary of State is not asked to do those things, they do not have to do them. They may want to do them—the Government may feel it is their duty to do them—but, sadly, there is no legislative enforcement. That is why we want to put this in the Bill.

This is once again about the way in which the House should operate, and we challenge the Minister to promise to place duties at the centre of the Bill, so that it will do what we—certainly on this side of the House—want it to do, which is to cement the relationship between environment, food and health. The Minister has a duty to look at issues such as public health and the safety of the industry, which one would have thought is what the Minister for Agriculture should be doing—it is central to their whole being.

We hope that the Government are listening and that the debate gets off on the right foot. We would like to work with them on this, but we make no apologies for pressing the amendment to a Division if there is no consensus. If the Minister makes concessions, we will listen to him. It would be interesting to know why the Government are unwilling to put duties in the Bill; is it because they are worried about some of the powers, which they might not want to use? If so, perhaps the Minister would say which powers the Government really need discretion on, and we will listen and see if we agree.

The finance and the regulation of finance should be a duty, and something that the Minister of Agriculture should have to face Parliament about because of the nature of their responsibilities. We are strongly in favour of the two amendments because they would make sure that there are duties on the Secretary of State and the Minister for Agriculture in clause 1. Amendment 45 would impose a duty to look at the way in which we regulate finance.

After Brexit, the common agricultural policy will no longer provide our regulatory system, so it is even more important that we get the Bill absolutely right. Whatever one’s views on Brexit, agriculture is the major industry that is most dependent on the EU for both budget and regulatory framework, so we must get the Bill right, today and in subsequent sittings. As I have said, the House of Lords has a fair amount to say in the paper that it produced—I am sorry that I have only a photocopy, but we all have photocopies because they do not produce hard copies any more—which is a pretty devastating critique. The Lords are worried about how much the Government are leaving to statutory instruments.

We all received a copy of the Agriculture Act 1947, which is well worth reading, in case anyone has not read it. [Interruption.] The Minister is waxing lyrical about it. The 1947 Act put into primary legislation the way in which the agricultural system in this country was to work for generations. All we are saying is “Let’s do the same with this.” This Bill replaces the 1947 Act. One could argue that the changes in 1975 and 2005 were minor compared with 1947 and 2018. Let us start on the right footing and know what we expect the Secretary of State to do, because that is what we are here to do. Parliamentary scrutiny is meant to improve legislation, not wreck it. We think that our proposals will fundamentally improve the Bill and make sure that we get off on the right foot and that we have a better Bill at the end of Committee.

George Eustice Portrait The Minister for Agriculture, Fisheries and Food (George Eustice)
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We should not adopt the amendment. I disagree with the shadow Minister—we have chosen to use the term “may” rather than “must” because that is how we draft all of our legislation when it comes to powers to pay. The approach we have adopted is absolutely consistent with our constitution. I want to give the Committee a few examples. The Natural Environment and Rural Communities Act 2006, introduced by a Labour Government, contains the following provision:

“The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA function.”

If we go back further, the Science and Technology Act 1965 states:

“The Secretary of State...may defray out of moneys provided by Parliament any expenses which, with the consent of the Treasury—

some things never change—

they may respectively incur”.

The 1965 Act that created powers to make payments uses the term “may”. I know that the hon. Member for Stroud has a romantic attachment to the Agriculture Act 1947, which is a good Act—I have read it. How about this for giving powers to a Minister:

“Where...it appears to the appropriate Minister expedient so to do, or if it appears to him otherwise expedient so to do in the public interest, he may by order fix or vary any such price or other factor as aforesaid notwithstanding that under the enactments regulating the operation of the arrangements in question”?

So “the Minister may” is used throughout the 1947 Act. We are simply being consistent in the approach that we take when it comes to spending powers.

Simon Hoare Portrait Simon Hoare
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My hon. Friend is making a strong case. May I say gently that times have clearly changed? The hon. Member for Stroud is probably disappointed by this fact, but times have changed since 1947. It was immediately post-war, rationing was still in place, the understanding of the importance of British agriculture was readily understood between all of the parties, and we were a far less urbanised media, culture and political class than we are today. “May” may have sufficed in 1947 when there was a more common agreement on the importance of agriculture. Given the competing philosophical thoughts bouncing around at the moment, particularly in a post-Brexit environment, what harm would “must” do to the Bill?

George Eustice Portrait George Eustice
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I disagree with my hon. Friend on this point because, as I said, I was not simply citing the 1947 Act. I also cited the Science and Technology Act 1965, which predated our membership of the EU. Even more recently, the Natural Environment and Rural Communities Act 2006 used “may”, and things have not changed much since then.

Philip Dunne Portrait Mr Philip Dunne (Ludlow) (Con)
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My hon. Friend has given the Committee a history lesson on different Governments introducing different powers in different scenarios. To help the Committee, will he remind us whether there is any unifying theme in those three Acts? Which party, for example, was in government on each of those occasions?

George Eustice Portrait George Eustice
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I think, if memory serves, a Labour Government were in power in each of those three examples. That point is well made. We have to understand the sentiment that lies behind the concern for duties on Government rather than powers for Government to exercise, as is traditional in our constitution. A lot of this stems from the fact that we are leaving the European Union—from a sentiment that says, “Whatever will we do when we have not got the EU to tell us what to do, to impose regulations on us, to launch infraction proceedings against us and to send in auditors to complain about the width of our hedges and gateways or about how we record payments?”

The answer is that as we leave the European Union, we should, as a country, embrace self-government—as we used to, and as we did in the 1947 Act. We should have more confidence in our ability to translate powers in an Act into actions and commitment for Government.

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Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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Does the Minister not agree that “must” is a stronger word than “may”? He talks about taking back power and government. We are talking about how it looks to agricultural communities outwith this place. The word “must”, which I agree does not define how much money will be paid, but requires that it be addressed, would surely put agricultural communities in a stronger, more confident position than “may”, which leaves it all up in the air.

George Eustice Portrait George Eustice
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Ultimately, reassurance is given to people in the farming industry, and others with an interest in the farmed landscape, through manifesto commitments and Government commitments. We have a commitment to keep the agricultural budget at the current level until at least 2022. We also have a manifesto commitment to roll out a new scheme to replace the current basic payment scheme, and the Bill sets out a transition period that implies an ongoing budget well into the future. That is what gives farmers the reassurance that they need, not sophistry about whether we should have the word “must” or “may”. I respectfully suggest that we should pursue the approach to drafting that we have always had, that has stood the test of time and that worked wonderfully well in the 1947 Act and in other Labour Acts since, and accept that “may” is the correct terminology to use, as a point of legal drafting.

I will touch briefly on amendment 45, which is linked, and which the hon. Member for Stroud also addressed. The amendment creates a requirement through changing the word “may” to “must”, converting a power to make provisions for enforcement on issues such as eligibility into a requirement. I simply say to the hon. Gentleman that I do not think it is necessary. We have in this country well established procedures that put enormous scrutiny on the spending of public money. We have the National Audit Office, and codes of governance within the civil service and the Cabinet Office. We have very detailed procedures in place to ensure that we check eligibility and look after public money.

Say we were to introduce a scheme and have no type of enforcement or eligibility checking whatever—literally handing out money. As all hon. Members know, it would not be long before we had National Audit Office reports, Public Accounts Committee hearings and accounting officer issues from within the civil service. The reality is that converting the power into a requirement is unnecessary in the context of all the other requirements that we already make on Government. What we seek in this power and in the Bill—what we need in the Bill—is simply a power to be able to introduce those checks.

I hope that I have been able to give the hon. Member for Stroud reassurance. I hope he will accept the approach taken by previous Labour Governments in such areas and also that the existing drafting—using “may”—is entirely consistent with the past. I hope that he will withdraw both amendments.

Sandy Martin Portrait Sandy Martin
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It is a pleasure to serve under your chairmanship, Mr Wilson.

The Bill is intended to facilitate the support of agriculture and the countryside after Brexit. The situation at the moment is that all sorts of supports are in place through the European Union, so all sorts of changes, discussions and votes will be needed to change them. The Government have characterised that process as deeply bureaucratic, but it enables farmers and those engaged in agriculture to know what they will receive money for and how much they will receive well in advance, so that they may make decisions about how to carry out their business.

If the Secretary of State ever decided not to give any financial assistance of any sort to agriculture in this country, that would change the entire nature of our society. It would be inconceivable for the Secretary of State to be able to change the decision to award any financial support to agriculture without the consent of Parliament, yet by making this a power rather than a duty, the Bill does exactly that.

We heard about flexibility and the need for it. The Secretary of State, however, has plenty of flexibility even with our amendments. We are not tying the Secretary of State down to any particular way of offering financial assistance; we are only asking that he should have to do it. The flexibility that remains if our amendment is adopted is the flexibility of our Parliament to repeal the resulting Act if ever it decides to do so. Anything else puts the power to support agriculture in this country in the hands of the Secretary of State and not in the hands of Parliament. I do not believe that people were voting for that when they voted to leave the European Union. I believe that we need to tell the Secretary of State that he “must” give financial assistance to agriculture in this country.

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George Eustice Portrait George Eustice
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I understand the point my hon. Friend is making, but does he not accept that even if we change the word in the way the Opposition suggest, there will be nothing to prevent a future Government dramatically changing the amount of money they make available? Ultimately, it will always be the job of elected Members of Parliament at that time to hold Her Majesty’s Treasury to account, to ensure that it takes its responsibilities seriously—and to do that whether or not the word is “may” or “must” in this particular Bill.

My hon. Friend will be aware that we have a 25-year environment plan. An environment Bill will come from that, which will set out targets, objectives and commitments to get trends moving in a particular direction. It will give a longer term commitment and buy-in, which successive Governments will work towards.

Simon Hoare Portrait Simon Hoare
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My hon. Friend the Minister makes an incredibly powerful and telling point, with which I cannot disagree. Inexorably, that may take us on to potential further amendments or a debate in the other place. I know the Treasury is moving away from ring-fencing, but I think there is a sustainable argument that one can deploy: that a certain percentage of the contribution to GDP created by the agriculture and food sectors should be ring- fenced for precisely the purposes set out here. We have it in other areas of protected expenditure, and for good and clear reasons.

My hon. Friend is absolutely right that if the Treasury is only giving the Secretary of State £5.50 a year to spend, that will not buy a huge amount of agriculture or environmental support whether this legislation says “must” or “may”. There may be future debates during the progress of the Bill about some form of ring-fencing; I make that point, knowing that the Minister and Front Bench Members are alert and alive to the issue.

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David Drew Portrait Dr Drew
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It has been an interesting debate. The hon. Member for North Dorset put his finger on one of the strong reasons for moving the amendment. To some extent, we want to fetter future Governments, whether Labour or Conservative. It is important we understand that one of the great changes brought about by Brexit, as I mentioned in my initial remarks, is to agriculture.

Let us be honest: agriculture is a centre point of the EU. We pay a higher contribution because we were not able to change the nature of a pro-agricultural budgetary arrangement. We may have wanted to, but we did not. Now that that is gone, there is a real danger that agriculture will slip further down the Budget agenda—there was no great mention of agriculture yesterday—so it is important to use legislation to bolster the accountability mechanism and to make sure money is spent in this area. I have some knowledge of the history of why we ended up with a cheap food policy, but that policy had two sides to it. It was about keeping the urban proletariat fed, but also guaranteeing farmers that they would get a price, whether through deficiency payments or the minimum income guarantee, given the way in which the Common Market set up its pricing mechanism.

I am sure the Minister has been working overtime on the old word search to find a few “mays” and he has done very well in terms of cherry-picking. Some of us were in Parliament when the NERC Act was passed, and I am sure there are “mays” in it; any piece of legislation will have the word “may”. I challenge him to find one that does not have the word “may” in, but it will also have the word “must”. I will say, with the best of intentions, that to compare the NERC Act with the Bill is to undermine the importance of the Bill. NERC was a very good piece of legislation; it tidied up BOATs and RUPPs and the way in which we had access to our countryside and it set up the replacement for the Countryside Agency. It was important in its own way, but it pales into insignificance in comparison with the Bill, which is about our food, our future health and, dare I say it, the way in which we want the countryside to be protected. Yes, we can find examples of where powers have been used in preference to duties, but most pieces of legislation have some duties at their centre point. The Bill does not.

George Eustice Portrait George Eustice
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Of course some legislation has duties but my point is that in the context of payment powers, the power to design schemes and make financial payments, “may” is the appropriate word to use. That is what is used in the NERC Act in the context of making payments. Through all of our legislation that relates to agriculture from the Agriculture Act 1947 onwards, that has been a consistent approach to making a payment.

David Drew Portrait Dr Drew
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I hear what the Minister says, but of course that has been nothing to do with the British Government. Since the mid-1970s, agriculture has been entirely subsumed within the EU. We have not had any discretion. The budget has been fixed in Brussels, and it has been fixed in the way we had to make our contribution. As the Minister feels strongly, that may be a good reason to get out of the EU, but it is not right to see the Bill as a parallel. This is a very different time. Post Brexit, the British Government will be setting their budgetary arrangement for agriculture, and unless they are compelled, they can just say, “We don’t really want to give much money to agriculture.” That is up to the Government, of course, and it has to deal with the consequences. The Minister quite rightly says that we can repeal anything, but to talk about repealing legislation is a strange way of passing legislation. Let us get it right in the first place.

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George Eustice Portrait George Eustice
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I very much hope that, like the 1947 Act, the Bill stands the test of time. My point is that a Government hostile to our environment or animal welfare or commitments in these areas could repeal the legislation if they chose to. The hon. Gentleman knows that I was on the leave side, and my recollection is that when he was previously in Parliament, he was on the sceptical side of the Labour party—campaigning against membership of the euro, for instance. Does he not agree with me that this is an opportunity for us to embrace self-government and that we should not fear doing so?

David Drew Portrait Dr Drew
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That is a good reason to introduce the Bill, but it is also a good reason to make sure that we have duties at its centre point. If we do not have those duties, all the other things that the Minister has talked about—commendable though they may be—are subject to the whim of the Government, and more particularly the Secretary of State, who may have no time for agriculture. That is quite possible.

We will press the amendment to a Division because we think it is important to make it clear that duties should be at the centre point of the Bill—not throughout the Bill, but on the most crucial part: the financial arrangements and accountability for them. The hon. Member for North Dorset says that the matter will come up on Report, but I dare say that, given what has been said in the House of Lords, their lordships will give this more than a going over.

It is important that we have this debate today. I always used to get really riled when my party was in government and I was told, “Don’t worry, we’ll sort this out in the Lords.” I felt that it was important that we sorted it out in the House of Commons—the democratically elected Chamber. The House of Lords can scrutinise and improve but we should be making the fundamental decisions in this place.

Question put, That the amendment be made.

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David Drew Portrait Dr Drew
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That is exactly why we must balance the environmental aspects of the Bill with the reality of farming in those areas. I am trying to identify the issue that the Uplands Alliance asked us to address in the amendment, which is about looking at traditional and sustainable forms of agriculture. As has been said, agro-ecology is a new term, but in many respects it is revisiting the past; it is about how we have always tended to consider farming in certain parts of the world as traditional. How we maintain that landscape—a farmed and managed landscape—depends on a relationship between what is farmed and the environment being managed by those farmers.

The alternative is rewilding or having much larger holdings. In essence, we would end up ranching those holdings; they would have to be on such a large scale because the money would not be there in any other way. That would be deleterious to our countryside, and many farmers who want to remain would have to be moved off the land.

It is important that we have this debate. I support the important agro-ecological points of my hon. Friend the Member for Bristol East, because we are giving the Bill some substance. We disagree with the Government: we need examples of how such agricultural improvement will work and how to deliver it. Many others support the amendments, as my hon. Friend said, such as the Soil Association. In its written evidence, which we have all looked at, the Landworkers’ Alliance very much encouraged this direction of travel, to see how agriculture can be improved, made sustainable and meet our sustainable development goals. We will talk in detail later about climate change, which is central to this debate.

I support my hon. Friend’s amendments, and I make no apology for saying that they improve, as we said we would, the status and clarity of the Bill on how agriculture should move. I hope the Government will look positively at what we are trying to do.

George Eustice Portrait George Eustice
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It is a pleasure to respond on this group of amendments, which all have in common the tendency, which occurs when a list of purposes such this is published, for a range of organisations to want to be name-checked. They become concerned that unless they are name-checked they are being left out. Allow me to take this opportunity to assure the Committee that all the purposes that the amendments want to include are already included.

First, allow me to set out our approach. We have set out our desired goods, outcomes and overall purposes, which we deliberately kept broad so that we did not miss things out. In clause 1 we have explicitly avoided trying to come up with an exhaustive list of every feature of our environment, every environmental asset and every type of scheme we might do under these purposes. For instance, it is true that the clause does not specifically name-check soils—one of our most important natural assets—or pollinators, bees, meadows or farmland birds. Every single one of those natural assets are assets that we seek to enhance and protect and do well for under the powers that we have within the purposes set out in part 1.

On amendment 72, I assure the hon. Member for Bristol East that I am passionate about soil health, as is the Secretary of State. As I have mentioned, people such as Sir Albert Howard, the great 20th century agronomist, who is seen by many as the father of the organics movement, recognised almost 100 years ago that we could not mine soil and, as he put it, submit it to banditry and take all the goodness out of it—we had to manage it. Good husbandry is all about recognising the cycle of life; the health of our soils is not just about chemistry. It is about not just the NPK fertiliser that we put on a field, but the complex interactions, the humus in the soil, the organic matter. It is a living ecology, not just a growing medium.

We absolutely recognise that, which is why soil features prominently in our policy paper. I guarantee the hon. Lady that when we roll out our new environmental land management scheme, it will have a plethora of interventions and schemes to support good soil husbandry and good soil health, because we know that if we get the management of our soils right, it can have implications for carbon mitigation. It can be a carbon store. It is also the case that if we get the management of our soils right, we can improve water quality and reduce our reliance on synthetic fertilisers.

I reassure the hon. Lady that the Government take this matter absolutely seriously, but we do not agree with the amendment. It is not just that it is unnecessary, because soil is already covered in the purposes in paragraphs (a), (c), (d) and (e) of subsection (1)—as far as we are concerned, soil is covered by a multitude of the existing purposes already—but that it has an unfortunate consequence. Crucially, it would insert, at the end of paragraph (a),

“managing land or water in a way that protects or improves the environment”

the phrase

“and enhances soil health”.

While the intention of the amendment was to broaden the objective to include soil health, in fact it narrows the scope of the purposes. For instance, we might have a scheme to promote and support farmland birds, but it might not be immediately recognisable how that might help soil health. The use of the word “and” as opposed to “or” would narrow the scope in a way that would be detrimental to our environment and would be bad for assets such as birds, pollinators and a range of others. On the basis of that assurance, given my passion for the subject and the guarantee I give that it will be a prominent feature of the new scheme, I hope that the hon. Lady will agree not to press the amendment.

Amendment 49 links to a number of representations, whether from the Uplands Alliance or those in the agro-ecology movement, which suggest that we should include an approach to farming systems. Although I think that is unnecessary, because individual farming systems will be covered by a multitude of purposes that we have already set out, I want to take this opportunity to assure the Committee about some of the things we are looking at.

First, on uplands, we believe that our public goods payment approach has real potential to give a rewarding, viable and stable business model to the upland areas. They are better placed than many farms to benefit from the provisions on, for instance, payments for public access. They are able to help and assist with things such as flood mitigation and there are some quite big environmental schemes they could get into. The uplands could also benefit from issues such as peat-bog restoration. If we adopt an approach based around payment on public goods, we believe the uplands would naturally benefit from that. Of course, they also look after and maintain a lot of our natural heritage—the stone walls, the hedges and the beautiful landscapes—that are referred to in subsection (1)(c). We believe that the existing purposes already cover the uplands, certainly in paragraphs (a), (b) and (c) of subsection (1).

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Kerry McCarthy Portrait Kerry McCarthy
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That all sounds tremendous stuff. We are talking about a limited pot of money, and I am concerned that we will get people with huge stakes who cherry-pick the public goods, doing bits and pieces and getting their hands on quite a lot of that pot of money, with the result that the share for people who farm sustainably across the whole farm and adopt some of the approaches the Minister has mentioned is reduced. Does he agree that we ought to be rewarding those people? I always make an anology with a big company that has a fair trade coffee brand, but 95% of their coffee is not fair trade. However, does it really deserve credit for that 5%?

George Eustice Portrait George Eustice
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The hon. Lady makes an important point. That is why we have set out clearly that we intend to adopt an approach to payments built around a natural capital principle, so that those who do the most will receive the most reward and those who adopt a holistic whole-farm approach that gives us multiple environmental benefits can expect to receive more than those farmers who say, “We’ll let a corner of the farm that is less productive go”, but not do much beyond that.

The answer to the hon. Lady’s concern is in the way that we price and reward the tariffs for the interventions that we propose. That will be very much in the scheme design, and we have been clear about the principles that we will apply.

By giving a quite detailed explanation of our commitment to explore these farming systems, I hope the hon. Member for Stroud will consider withdrawing his amendment on the basis that it is unnecessary, because it is already provided for in multiple locations.

Amendment 41 is a similar amendment specifically on agro-ecological farming systems—it relates to subsection (2) on support for profitability—which we also think is unnecessary because subsection (2) enables us to support and provide grants for businesses that are starting up in organics or a different agro-ecological system, such as agroforestry. The provision and power are there.

Let me reassure the hon. Lady about some of the things we are looking at. Under the productivity strand—subsection (2)—we are considering whether we can use funds to refresh the county farm model by supporting local authorities to reinvest in their farms, helping with facilitation funding so that the farms are more of a hub for new entrants, and working with them to make it easier to move tenants out so that we have a constant pipestream of new opportunities for new entrants.

Alongside that, we are considering whether that can be broadened beyond the traditional county farm, which has existed for many decades since the war, to include some of the peri-urban farms, which often have links to the agro-ecology movement and are often smaller community-based groups. Where local authorities have land that they can make available, we might be able to support the fostering of those schemes, which can be popular.

I hope all the amendments are probing and that we shall not find it necessary to divide the Committee. I hope I have been able to reassure Members that the issues that they sought to highlight in their amendments are already provided for in the Bill.

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David Drew Portrait Dr Drew
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I beg to move amendment 50, in clause 1, page 1, line 11, after “(d)”, insert

“limiting greenhouse gas emissions from agriculture or horticulture or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere, or”.

This amendment would add to the purposes for which financial assistance can be given that of limiting greenhouse gas emissions from agriculture or horticulture or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere.

I shall endeavour to speed up a little, but again this is an important part of the legislation because it refers to climate change. To be fair to the Minister, climate change appears in subsection (1)(d), which refers to

“mitigating or adapting to climate change”.

We accept and are willing to support that, but we wish to improve on it by adding the words in our amendment.

Again, this is important. If we are serious about a new Agriculture Act, we ought to be serious about how it impinges on climate change. Those are not my words but the words of Lord Deben, that well-known socialist former MP, now in the Lords, John Gummer. Some in the Committee heard, as I did, what he said in the Attlee Room when he introduced the report of the Committee on Climate Change. He was rather scathing about the way in which agriculture has failed to meet its targets for reducing emissions. He was overall pretty sceptical about the Government’s performance—as he can afford to be, given how deep-seated he is in this place—and was particularly critical of agricultural emissions having flatlined, which is not good enough.

The Opposition make no apology for tabling the amendment. We have done so to give some bite to the Bill and make climate change the fulcrum of how agriculture performs so that we see those improvements. Not only have agricultural emissions in general flatlined, but net carbon sequestration from forestry has flatlined. The United Nations has produced a report through the Intergovernmental Panel on Climate Change, saying, “Forget 2 degrees. We should be worried about even approaching 1.5 degrees.” We can play our part by being serious about this issue and passing this simple amendment to ensure that we can do what clause 1(1)(d) says:

“mitigating or adapting to climate change”.

I hope the Minister will take note of what we are saying. The amendment is a minor change in wording but makes the important statement that agriculture has to play its part in dealing with climate change. As Gilles Deprez said when giving evidence to this Committee, he strongly believes that farmers are already paying the price for climate change, and dealing with it is not just something that they should do for the wider community. They are already suffering the effects of climate change, as we have seen this year with the drought. I am not saying that droughts are anything other than climatic occurrences that have happened through the ages, but those climatic events—whether floods, drought, or very cold winters that mean that farmers are unable to plant when they want to, let alone harvest when it is very wet—come around far too regularly for them to be anything other than an aspect of climate change.

I hope we can reach some agreement on this issue. Given who sits in the House of Lords, those Lords will spend an awful lot of time talking about this aspect of agriculture, so the Minister might as well be prepared. He cannot influence proceedings in the Lords, but whoever takes this through—presumably Lord Gardiner—will be spending a lot of time trying to deal with various people, whom we could name, who will be saying, “Come on—sort this out. We need to have some words in the Bill that show how agriculture is prepared to play its part in dealing with climate change.”

We know that farmers do not necessarily have the resources, expertise or access to investment that they need, so again, let us hope that that is where the money will go. It is crucial to deliver the budget in a way that allows farmers to make those changes. We heard in a previous debate about agro-ecology that this issue is linked to soil quality, water management and the way in which farming systems need to change to take account of emissions. Not including this amendment in the Bill would be a missed opportunity, and again I make no apology for introducing it. Climate change has to be taken seriously, including in the Bill.

George Eustice Portrait George Eustice
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I can be fairly brief, because I have already spelled out some of the principles behind Government’s approach. As the shadow Minister acknowledged, subsection (1)(d) includes a simple but clear purpose, which is

“mitigating or adapting to climate change”.

Why have a long, cumbersome sentence of 29 words when six words will suffice? His wording—

“limiting greenhouse gas emissions from agriculture or horticulture or encouraging activities that reduce such emissions or remove greenhouse gas from the atmosphere”—

can be summarised as “mitigating climate change”, and we already have that term in subsection (1)(d).

--- Later in debate ---
Baroness Chapman of Darlington Portrait Jenny Chapman
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I am not completely convinced by the Minister’s response. Mitigating is about lessening the impact of climate change. It is not about preventing it. We are trying to reduce emissions and the impact on climate change of agriculture and horticulture. They are different things. It is not true that the only difference is the length of the sentence.

George Eustice Portrait George Eustice
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On the terminology, we are not talking about mitigating the consequences of climate change. The subsection is very clearly about mitigating climate change itself. Any action that is taken to reduce carbon emissions and the emission of other greenhouse gases—ammonia is a very important one in agriculture—would be mitigating climate change. The subsection also includes the phrase “adapting to climate change” in recognition of the fact that, as Gilles Deprez pointed out in the evidence session, we are already living with the consequences. For instance, we recognise that we tend to have more floods, so we may need schemes to manage the implications of that. “Mitigating climate change” means what it says. It can include any actions that reduce greenhouse gas emissions.

Baroness Chapman of Darlington Portrait Jenny Chapman
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That is not right. Mitigating does not mean that. It means to lessen the severity or the impact of something. What the Minister is doing in the clause is very different to what we seek to achieve. The definition of “mitigating” matters.

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George Eustice Portrait George Eustice
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I do not agree. We recognise that climate change is happening, and everything we are doing to tackle it is about mitigating an event that we recognise is happening. Our efforts to change the mix of our energy, reduce carbon emissions, encourage the uptake of electric vehicles and so on, are all about mitigating the problem of climate change. Subsection (1)(d) has a very clear purpose, and it enables us to do all the things that the amendment seeks to achieve. I hope we can use this debate to clarify that. I have given a long list of the types of interventions that we intend to explore, pursue and pilot under subsection (1)(d).

Kerry McCarthy Portrait Kerry McCarthy
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I am slightly disturbed by something the Minister said almost in passing. He seemed to be saying that the only problematic issue relating to the importing of soya is the shipping miles. I hope he has read the evidence, including the UN report “Livestock’s Long Shadow”, work by Chatham House and the Intergovernmental Panel on Climate Change’s report last week, that shows that the carbon footprint of the industry goes way beyond shipping miles.

George Eustice Portrait George Eustice
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Yes, and I did not seek to give a fully detailed exposition of the impact of soya, but the progress that some sectors—notably the pig sector—have made in reducing their carbon footprint has been by reducing their reliance on imported soya. The hon. Lady is right that it has a range of impacts on the environment.

I recognise the intention behind amendment 50, but I think it would only lengthen subsection (1)(d) without adding any meaningful change. I hope I can reassure hon. Members that the powers outlined in the subsection already enable us to do what we all seek to do on gas emissions.

David Drew Portrait Dr Drew
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What the Minister says is laudable, but it takes us back to the problem of powers and duties. The Secretary of State does not have to do any of this. The simple fact is that, according to the Committee on Climate Change, agricultural emissions are not on track to deliver the carbon budget savings required by 2022. Amendment 50 may be wordy, it may be an addition and—as my hon. Friend the Member for Darlington says—it may lead us to argue about what “mitigation” means, but we tabled it because at the moment there is no guarantee that agriculture will play its part in dealing with climate change.

The reality is that unless we put some teeth into the Bill, either the Government or, dare I say it, farmers will not have to do anything. We are putting the onus on farming and farmers to deliver their contribution towards reducing emissions. There has been much good work, but the fact is that agriculture’s contribution has flatlined. We have to do something about that, so we make no apology for saying that we will press our amendment to a vote. The issue will come back to haunt the Government in the House of Lords, where countless Members will make the point that agriculture has not reduced its emissions as it should have, so we must place an obligation on it to ensure that it does.

The Opposition believe strongly that the money that will go from direct payments into environmental support has to target emissions reduction, so the wording is really important. I hope that all hon. Members will think about the matter, because it will be brought back to the House. It will be important not only to this Bill but to the forthcoming environment Bill—I do not know what will be in that Bill, unless it says that we will actually reduce emissions. Whether it is in this Bill or that one, that commitment has to be there.

Without further ado, I ask for a vote on amendment 50. We make it clear that if the Government will not yield on these words now, they will have to yield on similar words later.

Question put, That the amendment be made.