Agriculture Bill

Rosie Winterton Excerpts

Report stage & Report stage: House of Commons
Wednesday 13th May 2020 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—International trade agreements: agricultural and food products—

“(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 that contains provisions relating to the importation of agricultural and food products into the UK unless they have first made a statement confirming that—

(a) the agreement contains an affirmation of the United Kingdom’s rights and obligations under the World Trade Organisation Sanitary and Phytosanitary Agreement, and

(b) any agricultural or food product imported into the UK under the agreement will have been produced or processed according to standards which are equivalent to, or which exceed, the relevant domestic standards and regulations in relation to—

(i) animal health and welfare,

(ii) plant health, and

(iii) environmental protection.

(2) A statement under subsection (1) shall be laid before each House of Parliament.

(3) Before the first statement under subsection (1) may be made, the Secretary of State must by regulations specify—

(a) the process by which the Secretary of State will determine—

(i) that the standards to which any agricultural or food product imported into the UK under a trade agreement is produced or processed are equivalent to, or exceed, the relevant domestic standards and regulations in relation to animal health and welfare, plant health and environmental protection, and

(ii) that the enforcement of standards in relation to any product under sub-paragraph (3)(a)(i) is at least as effective as the enforcement of the equivalent domestic standards and regulations in the UK;

(b) the “relevant domestic standards and regulations” for the purposes of subsections (1)(b) and (3)(a)(i).

(4) The Secretary of State may make regulations amending any regulations made under subsection (3).

(5) Regulations under subsection (3) or (4) shall be made under the affirmative procedure.

(6) In this section—

“international trade agreement” means—

(a) an agreement that is or was notifiable under—

(i) paragraph 7(a) of Article XXIV of the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time), or

(ii) paragraph 7(a) of Article V of the General Agreement on Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time), or

(b) an international agreement that mainly relates to trade, other than an agreement mentioned in sub-paragraph (i) or (ii);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“World Trade Organisation Sanitary and Phytosanitary Agreement” means the agreement on the Application of Sanitary and Phytosanitary Measures, part of Annex 1A to the WTO Agreement (as modified from time to time);

“WTO Agreement” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.”

New clause 3—Groceries Code Adjudicator—

“The Adjudicator established by the Groceries Code Adjudicator Act 2013 shall be responsible for ensuring compliance with Part 3 of this Act.”

New clause 4—Agriculture: duty to promote exports—

“(1) The Secretary of State must take steps to increase opportunities for any person carrying on agriculture to export an agricultural product.

(2) Steps under subsection (1) may include measures to seek to secure the lifting of any—

(a) ban on export of an agricultural product,

(b) tariff or other form of barrier to trade,

(c) excessive regulation, or

(d) controls at national borders, local content rules or other barrier to entry for an agricultural product.

(3) The Secretary of State must, no later than twelve months after Royal Assent has been given to this Act, lay before each House of Parliament a report setting out measures taken under subsection (2) and the impact of such measures.

(4) The Secretary of State must within twelve months of laying a report under subsection (3), and once every calendar year thereafter, lay a report setting out measures taken under subsection (2), and the impact of such measures, in the period since the previous such report was laid.

(5) In this section—

“agricultural product” shall mean anything produced in the course of carrying on agriculture, and

“agriculture” shall have the meaning given in section 22(6) of this Act.”

New clause 5—Application of pesticides: limitation on use to protect human health—

“(1) The Secretary of State shall by regulations make provision for prohibiting the application of any pesticide for the purpose of agriculture near—

(a) any building used for habitation,

(b) any building or open space used for work or recreation, or

(c) any public or private building where members of the public may be present including, but not limited to, schools, nurseries, and hospitals.

(2) Regulations under this section may specify a minimum distance to be maintained during the application of any pesticide between the place of application and any place under subsection (1)(a) to (c).

(3) For the purposes of this section—

“agriculture” has the meaning given in section 15(6), and

“public building” includes any building used for the purposes of education.

(4) Regulations under this section are subject to affirmative resolution procedure.”

This new clause would have the effect of protecting members of the public from hazardous health impacts arising from the application of chemical pesticides near buildings and spaces used by the public.

New clause 6—Import of agricultural goods after IP completion day (No. 2)—

“(1) After IP completion day, agricultural goods imported under a free trade agreement may be imported into the UK only if the standards to which those goods were produced were as high as, or higher than, standards which at the time of import applied under UK law relating to—

(a) animal health and welfare,

(b) protection of the environment,

(c) food safety, hygiene and traceability, and

(d) plant health.

(2) The Secretary of State must prepare a register of standards under UK law relating to—

(a) animal health and welfare,

(b) protection of the environment,

(c) food safety, hygiene and traceability, and

(d) plant health which must be met in the course of production of any imported agricultural goods.

(3) A register under subsection (2) must be updated within seven days of any amendment to any standard listed in the register.

(4) “Agricultural goods”, for the purposes of this section, means anything produced by a producer operating in one or more agricultural sectors listed in Schedule 1.

(5) “IP completion day” has the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020.”

This new clause would set a requirement for imported agricultural goods to meet animal health and welfare, environmental, plant health, food safety and other standards which are at least as high as those which apply to UK produced agricultural goods.

New clause 7—Coronavirus emergency food plan—

“(1) The Secretary of State must, within six months of Royal Assent being given to this Act, prepare and lay before Parliament a document (a “coronavirus emergency food plan”) setting out measures to address the impact of coronavirus and coronavirus disease, and action taken in response, upon the supply of food.

(2) The coronavirus emergency food plan must assess and address—

(a) the matters listed in section 17(2);

(b) the following matters—

(i) the incidence of hunger, malnutrition and food poverty measured (a) nationally and (b) by local authority area;

(ii) the level of demand for emergency food aid and the adequacy of services to meet that demand;

(iii) the availability, distribution and affordability of nutritious and healthy food;

(iv) the ease of access to nutritious and healthy food across different socio-economic groups and communities;

(v) the functioning of the food supply chain, including stock levels of individual food items and any cross-border issues impacting upon the import and export of food; and

(vi) the level of any financial assistance provided by a public authority to farmers, growers and the fishing and fish processing sectors as a result of coronavirus or coronavirus disease.

(3) The plan may take account of information provided in response to a requirement under section 25 of the Coronavirus Act 2020 (power to require information relating to food supply chains), subject to the restrictions on the use and disclosure of information set out in section 27 of that Act (restrictions on use and disclosure of information).

(4) In this section—

“coronavirus” means severe acute respiratory syndrome coronavirus 2;

“coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by coronavirus);

“financial assistance” means assistance provided by way of grant, loan, guarantee or indemnity, and any other kind of financial assistance (actual or contingent).”

Member’s explanatory statement This new clause would require the Secretary of State lay before Parliament a coronavirus emergency food plan, within six months of Royal Assent.

New clause 8—Duty and regulations governing agricultural and horticultural activity—

“(1) It shall be the duty of the Secretary of State to establish a regulatory framework relating to agricultural and horticultural activity for or in connection with the following purposes—

(a) the management of land or water in a way that protects or improves the environment;

(b) supporting agriculture and horticulture businesses in enabling public access to healthy food that is farmed in an environmentally sustainable way, including food produced through whole farm agroecological systems;

(c) public access to and enjoyment of the countryside, farmland or woodland and better understanding of the environment;

(d) the management of land or water in a way that maintains, restores or enhances cultural or natural heritage;

(e) improving public health;

(f) the management of land, water or livestock in a way that mitigates or adapts to climate change;

(g) the management of land or water in a way that prevents, reduces or protects from environmental hazards;

(h) the protection or improvement of the health or welfare of livestock;

(i) the conservation of native livestock, native equines or genetic resources relating to any such animal;

(j) the protection or improvement of the health of plants;

(k) the conservation of plants grown or used in carrying on an agricultural, horticultural or forestry activity, their wild relatives or genetic resources relating to any such plant; and

(l) the protection or improvement of the quality of soil.

(2) Regulations under subsection (1) must include provision about the standards to which activity for or in connection with all of the purposes in subsection (1) must conform.

(3) Regulations under subsection (1) may include provision about enforcement, which may (among other things) include provision—

(a) about the provision of information;

(b) conferring powers of entry;

(c) conferring powers of inspection, search and seizure;

(d) about the keeping of records;

(e) imposing monetary penalties;

(f) creating summary offences punishable with a fine (or a fine not exceeding an amount specified in the regulations, which must not exceed level 4 on the standard scale);

(g) about appeals;

(h) conferring functions (including functions involving the exercise of a discretion) on a person.

(4) Regulations under this section are subject to affirmative resolution procedure.”

See explanatory statement for Amendment 30.

New clause 9—Duration of provision in relation to Northern Ireland—

“(1) Section 45 and Schedule 6 expire at the end of 2026.

(2) Regulations made under paragraph 8(1) of Schedule 6 (power to modify retained direct EU legislation relating to public market intervention and private storage aid) cease to have effect at the end of 2026 (so that any amendment made by them ceases to have effect and any enactment repealed by them is revived). But see subsections (4) and (5) for saving provision.

(3) Otherwise, subsection (1) does not affect the continuation in force or effect of any regulations made, or other thing done, by virtue of Schedule 6 before the end of 2026.

(4) Despite subsections (1) and (2), paragraph 7 of Schedule 6, and regulations made under paragraph 8(1) of that Schedule, continue to have effect in relation to any period which ends after the end of 2026 and for which DAERA is giving, or has agreed to give, financial assistance under paragraph 7 of Schedule 6.

(5) Subsection (2) does not affect the lawfulness of anything done in accordance with retained direct EU legislation as modified by regulations made under paragraph 8(1) of Schedule 6 before those regulations cease to have effect.

(6) DAERA may by regulations make transitional, transitory or saving provision in connection with this section.

(7) The provision which may be made by virtue of subsection (6) includes provision modifying primary legislation, retained direct EU legislation or subordinate legislation.

(8) Regulations under this section which contain provision modifying primary legislation (with or without other provision) are subject to affirmative resolution procedure.

(9) Other regulations under this section are subject to negative resolution procedure.”

This new clause is designed to introduce a sunset clause so that provisions relating to Northern Ireland are timebound, whilst allowing suitable time for the for the development of bespoke legislation within the next Assembly term and taking into account disruptions in future planning as a result of the Covid19 crisis.

New clause 10—International trade agreements covering agricultural goods: standards and approval—

“(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 unless the agreement meets the conditions in subsections (2) and (3).

(2) The condition in this subsection is that the agreement prohibits the importation into the United Kingdom of any agricultural product unless the standards to which that product was produced were as high as, or higher than, standards which at the time of import applied under UK law relating to—

(a) animal welfare,

(b) protection of the environment,

(c) employment rights, and

(d) food safety.

(3) The condition in this subsection is that—

(a) upon conclusion of the negotiations on the agreement, the text of any element of the agreement which concerns trade in agricultural products has been laid before Parliament,

(b) the House of Commons has approved by resolution a motion moved by a Minister of the Crown which approves the text of any element which concerns trade in agricultural products, and

(c) the House of Lords has debated a motion in the same terms as that approved by the House of Commons.

(4) A motion under subsection (3)(b) shall be framed in terms which permit amendment.

(5) For the purposes of this section—

“agriculture product” shall mean any product which falls within an agricultural sector listed in Schedule 1 or which is derived from any such product,

“international trade agreement” means—

(a) an agreement that is or was notifiable under—

(i) paragraph 7(a) of Article XXIV of the General Agreement on Tariffs and Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (the WTO Agreement) (as modified from time to time), or

(ii) paragraph 7(a) of Article V of the General Agreement on Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time), or

(b) an international agreement that mainly relates to trade, other than an agreement mentioned in sub-paragraph (i) or (ii);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”

New clause 11—Mandatory labelling of animal products as to farming method—

“(1) The Secretary of State shall make regulations requiring meat, meat products, milk, milk products and egg products (including those produced intensively indoors) to be labelled as to the method of farming.

(2) The labelling required under subsection (1) shall be placed on the front outer surface of the packaging and shall be in easily visible and clearly legible type.

(3) Regulations under subsection (1) shall (among other things) lay down—

(a) the labelling term to be used for each product;

(b) the conditions that must be met for the use of each labelling term.

(4) Regulations under subsection (1) may exclude from the labelling requirement products containing meat, meat products, milk, milk products or egg products where the total proportion by weight of one or more of these items in the product is less than fifteen percent.

(5) Regulations under this section are subject to affirmative resolution procedure.”

This new clause would require the Secretary of State to make labelling regulations that require meat, meat products, milk and milk products, and egg products, including those which have been produced intensively, to be labelled as to farming method. Eggs are not included as legislation already requires eggs to be labelled as to farming method.

New clause 12—International trade agreements: agricultural and food products (No. 2)—

“(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 unless the agreement—

(a) includes an affirmation of the United Kingdom’s rights and obligations under the SPS Agreement, and

(b) prohibits the importation into the United Kingdom of agricultural and food products in relation to which the relevant standards are lower than the relevant standards in the United Kingdom.

(2) In subsection (1)—

“international trade agreement” means—

(a) an agreement that is or was notifiable under—

(i) paragraph 7(a) of Article XXIV of General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time), or

(ii) paragraph 7(a) of Article V of General Agreement on Trade in Services, part of Annex 1B to the WTO Agreement (as modified from time to time), or

(b) an international agreement that mainly relates to trade, other than an agreement mentioned in subparagraph (i) or (ii);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“relevant standards” means standards relating to environmental protection, plant health and animal welfare applying in connection with the production of agricultural and food products;

“SPS Agreement” means the agreement on the Application of Sanitary and Phytosanitary Measures, part of Annex 1A to the WTO Agreement (as modified from time to time);

“WTO Agreement” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.”

New clause 14—Carbon emissions: net-zero and interim targets—

“(1) When considering the provision of financial assistance under sections 1(1) and 1(2) of this Act, the Secretary of State shall ensure that the likely impact of that funding is compatible with the achievement of any emissions reduction target set out in subsection (2) or (3).

(2) It is the duty of the Secretary of State to—

(a) set an emissions reduction target for the net UK carbon account for agriculture and related land use for the year 2050 which is at least 100% lower than the 1990 baseline, and

(b) ensure that the target is met.

(3) The Secretary of State must, within six months of this Bill receiving Royal Assent, publish interim emissions reductions targets for agriculture and related land use that align with budgetary periods as they relate to carbon budgets.

(4) It is the duty of the Secretary of State to ensure that the net UK carbon account for agriculture and related land use for a budgetary period does not exceed any interim emissions reduction target published under subsection (3).

(5) The Secretary of State must, within twelve months of this Bill receiving Royal Assent, publish a statement of the policies to be delivered in order to meet the interim emissions reduction targets published under subsection (3).

(6) In this section—

(a) “net UK carbon account” shall have the meaning given in section 27 of the Climate Change Act 2008, and

(b) “budgetary periods” and “carbon budgets” shall have the meaning given in section 4 of the Climate Change Act 2008.”

This new clause would set a target of net-zero green-house gas emissions for agriculture and related land use in the UK by 2050 at the latest. It would place a duty on the Secretary of State to publish interim emissions reduction targets – and policy proposals to ensure those targets are met.

Amendment 26, in clause 1, page 2, line 9, at end insert—

“(aa) supporting agriculture and horticulture businesses in enabling public access to healthy food that is farmed in an environmentally sustainable way, including food produced through whole farm agroecological systems.”

This amendment would add to the purposes for which financial assistance can be given that of ensuring access to healthy food produced sustainably including through whole farm agroecological systems.

Amendment 27, page 2, line 13, at end insert—

“(ca) improving public health;”

This amendment would add “improving public health” to the list of purposes for financial assistance given under clause 1, with ‘improving public health’ defined in Amendment 29.

Amendment 3, page 2, leave out lines 19 and 20 and insert—

“(g) protecting or improving the management of landscapes and biodiversity through pasture-fed grazing livestock systems including the conservation of native livestock, native equines or genetic resources relating to any such animal;”

Amendment 2, page 2, line 25, at end insert—

“(k) protecting or improving the health, well-being and food security of citizens.”

Amendment 18, page 2, line 25, at end insert—

“(k) establishing and maintaining whole farm agroecological systems.”

Amendment 36, page 2, line 25, at end insert—

“(k) supporting upland landscapes and communities.”

Amendment 28, page 3, line 6, at end insert—

“‘environmentally sustainable way’ means in a way which employs factors and practices that contribute to the quality of environment on a long-term basis and avoids the depletion of natural resources.”

This amendment defines “environmentally sustainable way” for the purposes of clause 1(4) and Amendment 26.

Amendment 29, page 3, line 12, at end insert—

“‘improving public health’ includes—

(a) increasing the availability, affordability, diversity, quality and marketing of fruit, vegetables and pulses,

(b) reducing farm antibiotic and related veterinary product use, and antibiotic resistance in harmful micro-organisms, through improved animal health and welfare,

(c) providing support for farmers to diversify out of domestic production of foods where there may be reduced demand due to public concerns over issues such as health, environment, and animal welfare, and

(d) reducing harm from use of chemicals on farms, and reducing pesticide residues in food;”

See explanatory statement for Amendment 27.

Amendment 19, page 3, line 17, at end insert—

“‘whole farm agroecological systems’ include any whole enterprise system for farming or land management which is designed to produce food or fuel while delivering environmental and social benefits, and may include organic farming.”

Amendment 4, in clause 2, page 3, line 27, at end insert—

“(2A) In every case such conditions shall include the following restrictions to the eligibility of a recipient of financial assistance—

(a) financial assistance may only be made to individuals or groups of individuals, natural or otherwise, operating land where the predominant use is agricultural as defined by section 96(1) of the Agricultural Holdings Act 1986; and

(b) financial assistance may only be made available to individuals or groups of individuals, natural or otherwise, who are—

(i) in occupation of or with rights of common over the land for which the financial assistance is being claimed;

(ii) taking the entrepreneurial risk for the decisions made in relation to the management of the land for which the financial assistance is being claimed; and

(iii) in day-to-day management control of the land for which the financial assistance has been claimed.”

Amendment 30, page 3, line 27, at end insert—

“(2A) Financial assistance may not be given to any person who is not compliant with standards set out in regulations made by the Secretary of State under section [Duty and regulations governing agricultural and horticultural activity].”

This amendment and NC8 provide a duty for the Secretary of State to set baseline regulatory standards governing agricultural and horticultural activity, which must be met by any recipient of financial assistance.

Amendment 17, page 3, line 33, at end insert—

“(4A) Financial assistance may only be given for or in connection with a purpose under section 1(1) or (2) if the owner of the relevant land takes the action described in subsection (4B).

(4B) The action is that the owner of the relevant land will not restrict access for any person on any inland waterway or lake which forms part of that land for the purposes of open-air recreation, if and so long as the person—

(a) exercises that right of access responsibly, and

(b) observes any restrictions which are imposed in—

(i) section 2 of,

(ii) Schedule 2 to, or

(iii) Chapter II of the Countryside and Rights of Way Act 2000.

(4C) A person does not exercise a right of access responsibly if their conduct while exercising that right is not in accord with the provisions of any code of conduct issued under section 20 of the Countryside and Rights of Way Act 2000.

(4D) For the purposes of subsections (4A) and (4B), “relevant land” means land which includes the land or premises on which the activity for which financial assistance is given under section 1(1) or (2) of this Act takes place or is to take place and includes any inland waterway or lake.”

Amendment 42, in clause 3, page 4, line 18, at end insert—

“(e) development of a target or targets for the uptake of Integrated Pest Management based upon agroecological farming practices, including organic farming, and a robust system for monitoring progress towards such targets.”

This new amendment would enable the Secretary of State to set and monitor progress towards targets for the uptake of Integrated Pest Management based on agroecological farming practises, including for organic farming, in order to ensure that financial assistance granted under the Agriculture Bill is meeting its objectives in terms of environmental outcomes.

Amendment 5, in clause 4, page 5, line 14, at end insert—

“(d) set out the budgeted annual expenditure to be used to achieve each of the aforementioned strategic priorities for the plan period.”

Amendment 6, in clause 8, page 7, line 40, leave out “2021” and insert “2022”.

Amendment 1, in clause 16, page 12, line 42, at end insert—

“(ba) making provision for future contributions to existing rural socioeconomic schemes;”

This amendment would safeguard the availability of financial provisions to continue the socioeconomic programmes under Rural Development Programmes in the event of delays in the introduction of the UK Shared Prosperity Fund.

Amendment 23, in clause 17, page 14, line 20, leave out “five years” and insert “year”.

This amendment would make the Secretary of State’s report on food security annual instead of five-yearly.

Amendment 24, page 14, line 27, at end insert—

“(ba) food poverty and progress towards achievement of the UN Sustainable Development Goal on hunger, malnutrition and food poverty (SDG 2);”

This amendment would add food poverty and progress towards the achievement of UN Sustainable Development Goal 2 to the matters to be covered by the report.

Amendment 25, page 14, line 32, at end insert—

“(f) food insecurity.

(3) For the purposes of this section “food insecurity” means a person’s state in which consistent access to adequate food is limited by a lack of money and other resources at times during the year.

(4) Before laying a report under subsection (1) the Secretary of State must—

(a) consult the Scottish Ministers, the Welsh Ministers, the relevant Northern Ireland department, and such other persons as the Secretary of State considers appropriate, and

(b) have due regard to international best practice on food insecurity, including but not limited to the United States Household Food Security Survey.

(5) A report under subsection (1) must include—

(a) an assessment of trends in food insecurity, broken down by different parts of the United Kingdom and different regions of England, and

(b) a summary of actions to be taken in areas of high food insecurity by the UK Government, the Scottish Government, the Welsh Government or the Northern Ireland Executive.

(6) In this section—

“parts of the United Kingdom” means—

(a) England,

(b) Scotland,

(c) Wales, and

(d) Northern Ireland;

“regions of England” has the same meaning as that used by the Office for National Statistics.”

This amendment would add food insecurity to the matters to be covered by the report.

Amendment 7, page 14, line 32, at end insert—

“(3) As part of the report, the Secretary of State must set out food security targets and specify and implement any actions required to ensure that those targets are met.”

Amendment 8, in clause 18, page 15, leave out lines 2 and 3 and insert—

“(a) there is an acute or chronic disturbance in agricultural markets or a serious threat of an acute or chronic disturbance in agricultural markets caused by economic or environmental factors, and”.

Amendment 31, in clause 27, page 23, line 15, leave out “a specified person” and insert “the Groceries Code Adjudicator”.

This amendment is intended to ensure that the role of regulating agricultural contracts is given to the Groceries Code Adjudicator’s office.

Amendment 32, page 23, line 23, at end insert—

“(8A) The Groceries Code Adjudicator Act 2013 is amended, by inserting after section 2 (Arbitration)—

‘2A Fair dealing: determination of complaints alleging non-compliance

(1) If a complaint relating to alleged non-compliance is referred to the Adjudicator under section 27(8)(a) of the Agriculture Act 2020, the Adjudicator must determine the complaint.

(2) In determining any allegation of non-compliance under subsection (1), the Adjudicator must act in accordance with any regulations made under subsection (1) of section 27 of the Agriculture Act 2020 which make provision for investigation of complaints, imposition of penalties or a requirement to pay compensation, as specified by subsection (8) of section 27 of that Act.’”

This amendment would specify the process to be followed by the Groceries Code Adjudicator’s office in determining a complaint made under the Agriculture Act 2020.

Amendment 33, page 23, line 25, after “any” insert “competent and appropriate”.

This amendment is intended to ensure that the role of regulating agricultural contracts is given to a body which is competent to undertake qualitative assessments; for example, the Groceries Code Adjudicator’s office.

Amendment 34, page 23, line 26, after “provide for a” insert “competent and appropriate”.

This amendment is intended to ensure that the role of regulating agricultural contracts is given to a body which is competent to undertake qualitative assessments; for example, the Groceries Code Adjudicator’s office.

Amendment 38, in clause 33, page 30, line 44, at end insert—

“(2A) The scheme must be made by 1 April 2021.”

Amendment 39, in clause 42, page 38, line 28, leave out subsections (4) and (5).

Amendment 12, in schedule 3, page 50, line 15, leave out “may” and insert “must”.

Amendment 11, page 50, leave out lines 25 to 36 and insert—

“(3) A request falls within this subsection if—

(a) it is a request for—

(i) the landlord’s consent to a matter which under the terms of the tenancy requires such consent, or

(ii) a variation of the terms of the tenancy, or

(iii) the landlord’s consent to a matter which otherwise requires such consent.

(b) it is made for the purposes of—

(i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or

(ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, or

(iii) to secure either or both of the full and efficient farming of the holding or an environmental improvement, and”.

Amendment 13, page 51, line 34, at end insert

“, or

(d) a scheme of financial assistance in whatever form introduced by Welsh Ministers;”.

Amendment 16, page 54, line 20, at end insert—

“Succession on death of tenant

21A In section 35, leave out subsection (2) and insert—

‘(2) In sections 36 to 48 below (and in Part I of Schedule 6 to this Act)—

“close relative” of a deceased tenant means—

(a) the wife husband or civil partner of the deceased;

(b) a brother or sister of the deceased;

(c) a child of the deceased;

(d) a nephew or niece of the deceased;

(e) a grandchild of the deceased;

(f) any person (not within (b) or (c) or (d) or (e) above) who, in the case of any marriage or civil partnership or other cohabitation to which the deceased was a at any time a party, was treated by the deceased as a child of the family in relation to that marriage or civil partnership or other cohabitation;’”.

Amendment 15, page 54, line 20, at end insert—

“Succession on retirement of tenant

21B In section 49, leave out subsection (3) and insert—

‘(3) In this section and sections 50 to 58 below (and in Part I of Schedule 6 to this Act as applied by section 50(4))—

“close relative” of the retiring tenant means—

(a) the wife husband or civil partner of the retiring tenant;

(b) a brother or sister of the retiring tenant;

(c) a child of the retiring tenant;

(d) a nephew or niece of the retiring tenant;

(e) a grandchild of the retiring tenant;

(f) any person (not within (b) or (c) or (d) or (e) above) who, in the case of any marriage or civil partnership or other cohabitation to which the retiring tenant has been at any time a party, has been treated by the latter as a child of the family in relation to that marriage or civil partnership or other cohabitation;’”.

Amendment 14, page 54, line 24, at end insert—

“Termination of tenancies of 10 years or more

22A Before section 8 insert—

‘7A Termination of tenancies of 10 years or more

(1) Where a farm business tenancy has been granted for a fixed term of 10 years or more without any provision for the landlord to terminate the tenancy on a specific date or dates during the fixed term, the landlord may serve notice to quit on the tenant of the holding using the provisions of the Agricultural Holdings Act 1986 Schedule 3 Parts I and II in accordance with the Agricultural Holdings Act 1986 Schedule 4 and all Orders introduced as mentioned in that schedule in respect of the following cases—

(a) Case B

(b) Case D

(c) Case E

(d) Case F

(e) Case G

(2) In addition to any compensation required to be paid to the tenant by the landlord following the termination of a tenancy using Case B, the landlord shall pay additional compensation to the tenant at an amount equal to ten years’ rent of the holding or attributed to the part of the holding upon which notice to quit has been served at the rate at which rent was payable immediately before the termination of the tenancy.””

Amendment 10, page 55, line 19, at end insert—

“Requests for landlord’s consent or variation of terms

25A Before section 28 insert—

‘27A Disputes relating to requests for landlord’s consent or variation of terms

(1) The appropriate authority must by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—

(a) the request falls within subsection (3), and

(b) no agreement has been reached with the landlord on the request.

(2) The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act.

(3) A request falls within this subsection if—

(a) it is a request for—

(i) the landlord’s consent to a matter which under the terms of the tenancy requires such consent, or

(ii) a variation of the terms of the tenancy, or

(iii) the landlord’s consent to a matter which otherwise requires such consent

(b) it is made for the purposes of—

(i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or

(ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, or

(iii) to secure either or both of the full and efficient farming of the holding or an environmental improvement, and

(c) it meets such other conditions (if any) as may be specified in the regulations.

(4) The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—

(a) to order the landlord to comply with the request (either in full or to the extent specified in the award or determination);

(b) to make any other award or determination permitted by the regulations.

(5) The regulations may (among other things) make provision—

(a) about conditions to be met before a reference may be made;

(b) about matters which an arbitrator or third party is to take into account when considering a reference;

(c) for regulating the conduct of arbitrations or third-party determinations;

(d) about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;

(e) about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;

(f) for restricting a tenant’s ability to make subsequent references to arbitration where a reference to arbitration or third-party determination has already been made under the regulations in relation to the same tenancy.

(6) The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i)), conditions relating to the making of a successful application for assistance.

(7) In this section—

“appropriate authority” means—

(a) in relation to England, the Secretary of State, and

(b) in relation to Wales, the Welsh Ministers;

“relevant financial assistance” means financial assistance under—

(a) section 1 of the Agriculture Act 2020 (powers of Secretary of State to give financial assistance),

(b) section 19 of, or paragraph 7 of Schedule 5 to, that Act (powers of Secretary of State and Welsh Ministers to give financial assistance in exceptional market conditions), or

(c) a scheme of the sort mentioned in section 2(4) of that Act (third party schemes), or

(d) a scheme of financial assistance in whatever form introduced by Welsh Ministers;

“statutory duty” means a duty imposed by or under—

(a) an Act of Parliament;

(b) an Act or Measure of the National Assembly for Wales;

(c) retained direct EU legislation.’”

Amendment 40, in schedule 4, page 56, line 21, at end insert—

“Pigmeat

Products falling within the table in Part XVII of Annex 1 of the CMO Regulation, but excluding any entry in the table for live animals”.

This amendment adds “pigmeat” to Schedule 4. Clause 35 enables the Secretary of State to establish marketing standards in relation to products that “fall within a sector listed in Schedule 4”. Sectors listed include beef and veal, poultry and poultrymeat, milk and milk products, and eggs and egg products, but not pigmeat.

Government amendments 20 to 22.

Amendment 9, in schedule 5, page 61, leave out lines 25 and 26 and insert—

“(a) there is an acute or chronic disturbance in agricultural markets or a serious threat of an acute or chronic disturbance in agricultural markets caused by economic or environmental factors, and”.

Amendment 37, in the title, line 17, after

“with the WTO Agreement on Agriculture;”

insert

“to require animal products to be labelled as to farming method;”.

This would amend the long title to enable the Bill to require the Secretary of State to make regulations requiring animal products to be labelled as to farming method.

I call Simon Hoare, who is asked to speak for no more than eight minutes.

[Simon Hoare]

Thank you very much, Madam Deputy Speaker.

As my hon. Friend the Minister knows, I welcome this Bill. It is the first piece of agricultural legislation to come before our country since 1947, and what a glorious opportunity it is to set out what is important to us both in what our policies should be and how we can help to shape and lead future thinking.

The events of the past few weeks have given our country pause for thought as we have evaluated what is important to us—what we value, what we stand for, who we are. While covid has presented that as an opportunity, this Bill does the same with regard to agriculture: what does a global Britain in a non-membership of the European Union world look like? Just as this country has been a trailblazer against female genital mutilation, modern slavery and the trade in ivory, so I believe we can be in our high standards that prevail in agriculture today with regard to animal welfare, food production, agricultural practices and environmental standards. So important are these issues that they were writ large in the Conservative party manifesto of only December last year. Every Minister—the Prime Minister, the Environment, Food and Rural Affairs Secretary and others—when questioned on these important issues before, during and after the referendum campaign has asserted their absolute, cast-iron guaranteed support for them.

Our farmers and food producers work under those high standards of regulation willingly. They understand their importance and the consumer confidence that they bring. They understand that they add value to the provenance of our food and drink exports. I was therefore not very pleased to have to table new clause 1. The thrust that lies behind it says, in essence, that any food product imported into the United Kingdom under a free trade agreement should be raised to standards either equal to or greater than those that prevail within the UK, and that the Secretary of State should annually update a list of standards. That would not force countries that have entered into an FTA with us to change all their practices. It would simply be up to producers to work out if they were not hitting our standards and then, if they wished to access our lucrative markets, to change their practices in order so to do—the ordinary operation of the market.

My new clause is not about stymieing free trade agreements, and neither is that in the name of my hon. Friend the Member for Tiverton and Honiton (Neil Parish)—we understand the huge potential benefits that can accrue from them. But this is not about firing the starting gun for a race to the bottom. There is no merit in deliberately setting out in Government policy the creation of an unlevel playing field. Food imports to this country would be cheap for no reason bar the fact that they were raised to lower standards. Anybody can look at a variety of websites and realise some of the pretty horrendous ways in which livestock is raised in a number of countries across the world. We should shun that and be a beacon for excellence and high standards.

Those cheap food imports would remain cheap only while there was a viable scale of domestic production to create some sort of viable competition. As soon as it was choked off or choked down—reduced to a scale no more than meeting the artisan market or a farmers’ market—those prices would start to rise, and we would have lost our agricultural sector. I represent the constituency of North Dorset, where agriculture and farming is absolutely pivotal. My manifesto in the 2015, 2017 and 2019 elections was very clear that I would speak up and stand up for farmers, understanding the importance that they play in our economy.

The new clause is not anti-free trade or anti-American, but pro our standards being a beacon and pro ensuring that there is a future for our agricultural sector and for our consumers to purchase securely and safely. The new clause has attracted support from across the House and from both wings of my party: people who voted to leave the European Union and people who voted to remain. Anybody trying to dress this up as some sort of closet attempt to remain within the European Union does so at grave peril.

The new clause is also supported by a host of radical crypto-anarchic organisations: the Royal Society for the Protection of Birds; the Royal Society for the Prevention of Cruelty to Animals; the Country Land and Business Association; the Soil Association; that well known anarchic group the Wildlife Trust; LEAF—Linking Environment and Farming; the Tenant Farmers Association; the National Farmers Union; and, worst of all, that Leninist organisation the Woodland Trust.

This is not a crypto-communist move against capitalism; it is about trying to create a level playing field. It is not a coercive approach to those who might enter a free trade agreement, but an invitation to meet our standards if they wish to trade. If one accepts that food production and food security are important, it would require an incredibly brave Minister of the Crown, and an incredibly brave Parliament, if our farmers came to us and said, “Look, we are just about on the brink. You will have to lower our standards and change our regulations in order to allow us to compete.” I do not want to see that, and nor does my party.

Our Prime Minister takes animal welfare very seriously, as do the Farming Minister, my hon. Friend the Member for Banbury (Victoria Prentis), and the Secretary of State. However, most countries in the world value their food production, value their food security, and seek out and adopt policies in order to ensure that they have a viable future. New clause 1 does just that, and I hope that either the Minister will be in a position to accept it this afternoon, or we will see what the House has to say about it later.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State, Luke Pollard, who is asked to speak for no more than eight minutes.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Thank you, Madam Deputy Speaker. I will speak to the amendments that stand in my name and that of the Leader of the Opposition. Food policy has been overlooked and sidelined in our politics for far too long. Empty shelves, crops underwater in flooded fields, food bank growth and the growing obesity crisis demand that it enjoys more of our focus in the next decade than it had in the last. I want to see a greater focus on the quality and resilience of the food that we eat and the quality of the air that we breathe. Our new focus on food is for life and not just for coronavirus.

I place on record my heartfelt thanks to all the food heroes—the hidden heroes—who have kept the nation fed throughout the coronavirus crisis. From the fishers and the farmers, the distributors and the drivers, the processers and the pickers, to the shelf stackers and the supermarket workers, these people are finally getting the recognition that they deserve as key workers. The pay, conditions, pensions, protections and political focus on them must now follow. In declaring my interest, may I remind the House that my little sister is one of those key workers, as a sheep farmer on her farm in Cornwall?

At the very heart of this debate today is a very simple question, which the hon. Member for North Dorset (Simon Hoare) mentioned in his opening remarks. What kind of country do we want to be—one where farm standards are a pawn in a trade deal with our values traded for market access, or a nation that says Britain is a force for good in the world and upholds our high standards for food grown locally and food imported alike? At a time of climate crisis, we must choose to rebuild a better, greener, more sustainable and fairer Britain than we had before.

The path ahead of us is uncertain, but we must learn the lessons of those who came before us. We must not trade away the values that make us British and make us proud to be British: high environmental standards in food production; decent pay for those who tend our fields—at least, they should be paid well; animal welfare standards that increase, not slide; and a determination that we will never, ever again be held hostage by our inability, by choice or natural cause, to feed ourselves.

The Agriculture Bill is not a trivial matter; nor is food production. The Bill will fundamentally change the system of farm support, so it deserves our attention. However, an Agriculture Bill without a focus on food is an odd beast. It almost entirely omits food, and therefore does not even begin to solve all the problems that the virus has both caused and revealed. I would wager that the Environment Secretary and the farming Minister did not have the whip hand in the timing of this Bill, and that it is down to Downing Street and its free marketeer agenda, seeking to see off a rebellion of Tory MPs rightly unhappy and uneasy about leaving the door open to imports of food produced to lower standards, that we are here today on a contentious piece of legislation in the middle of a national crisis.

The new clauses in the names of the Chairs of the two Select Committees—the hon. Members for North Dorset and for Tiverton and Honiton (Neil Parish)—and those in the name of the Leader of the Opposition and me all seek to do one very simple thing, which is to put Government promises into law. The promise from the Conservative manifesto says:

“In all of our trade negotiations, we will not compromise on our high environmental protection, animal welfare and food standards.”

These words are meaningless unless they are backed up by law. The amendments today reflect a cross-party concern that the promises of high standards will not be kept unless they appear in black and white in the Bill. The right place to deal with farm standards is a Bill about farming. Indeed, the Leader of the House has just said from the Dispatch Box that he is about delivering on the manifesto and that this is essential. I agree on this point: those standards are essential, and they must be delivered on in law.

I suspect the Minister will shortly say that the subjects of these amendments would best be dealt with in the Trade Bill. I disagree with her on that and, unfortunately, so do her own Government. It seems the Government’s trade team are arguing that the Trade Bill is actually not for setting up trade architecture. They argue that it is a continuity Bill for rolling over existing agreements that Britain is a party to as part of the EU, so we will need another trade Bill that has not been published, written or designed yet to deal with matters such as democratic oversight of trade deals. There is zero chance, as the Minister knows, of such a Bill appearing or passing before the 31 December deadline, so we come to the necessity of this issue being dealt with in this Bill, where it can be discussed and implemented ahead of the 31 December deadline. It must not be parked or lost in the long grass of future Bills that have not yet appeared.

These amendments are being opposed, to my mind, simply because they would make it harder to have a trade deal with nations for which lower food and farm standards are the norm. The inescapable truth of Ministers refusing to put these sensible amendments into law is that allowing British farmers to be undercut by cheap imported food is part of the Government’s plan, and it should not be. Labour has tabled the amendments because we will not allow British farmers to go out of business because they are being undercut by cheap imports that would be illegal if they were grown or produced in the UK.

There is no urban-rural divide on high farm standards or on animal health and welfare, no divide when it comes to wanting high environmental standards preserved and no divide between feeders and eaters when it comes to food safety and food quality. This Bill is, by and large, a reasonable Bill.

DEFRA officials and Ministers have worked hard to get the detail right, but the political handcuffs placed on the Environment Secretary and his Ministers to tie them to oppose these reasonable, sensible, necessary and essential amendments betray the bigger political agenda at play here. Both the Environment Secretary and the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Banbury (Victoria Prentis), who has responsibility for farming, have good agricultural pedigree, and I am reassured that those with experience are at the helm of the Department, but if orders are coming from the Department for International Trade, they have my sympathy for being caught in the invidious place of choosing between what is right and what they are told to do.

--- Later in debate ---

The nutrition of the nation is a national priority for Labour. That is why this amendment also stands in my name, and it does so proudly and distinct from party politics. However, the shortage of food and the rising incidences of food poverty scream out and demand our rational consideration of the causes of the crisis. I hope the Minister will adopt that amendment, as the Bill needs a greater focus on food, which the amendment would provide. The amendments on food standards are what our farmers are asking for, what the public expect and what was in the Conservative manifesto. I ask the Minister to back those amendments, recognising that Labour MPs, Conservative MPs, farmers and environmental groups all stand united here. I hope she will do the right thing and ensure that food poverty is addressed and that farm standards can be upheld proudly, ensuring that no farmer is undercut in future trade deals.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I now call Minister Victoria Prentis, who is asked to speak for no more than 15 minutes.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

Thank you, Madam Deputy Speaker. I should start by declaring my interest: my family has farmed on the Oxfordshire- Northamptonshire border for many years, and I am also a keen smallholder. This is a very important moment for agriculture in this country. This Bill is the first of its kind for more than 70 years and it will allow us to shape farming for the future. This Bill is about farmers, and sets out a framework policy for rewarding them as they produce food and provide public goods.

I thank all Members who have tabled amendments. I apologise if the hybrid nature of the debate prevents me from engaging fully with every point—it is not ideal. I am, however, reassured that the Bill has been thoroughly scrutinised by not one but two Public Bill Committees. I am keen to continue to engage with Members across the House as we develop the details of the policies. I must also record my thanks to those who have worked so hard to ensure that we have all been fed in these frightening times: farmers, manufacturers and retailers. They are food heroes, and they have worked together and struggled on despite workforce shortages and social distancing measures. I hope that a lasting legacy of this pandemic is that we all think a little more about where our food comes from.

The feeding the vulnerable taskforce, which I chair, has worked hard to ensure that those parts of society on whom this crisis falls the hardest can access food. On Friday, we announced £16 million of funding for food charities. Measures in this Bill would have been very useful two months ago. I commend in particular the powers in clauses 18 and 19, which would have made it easier and quicker to support farmers during these difficult times. Under Clause 17, for the first time, the Government will have a duty to take a regular, systematic view of our overall food security at least every five years, giving time to observe trends. That is not to say that we have to wait five years between reviews at all. The majority of data covered will, of course, be available between reports, and we certainly have no intention of waiting until the end of the five-year period to publish our first report. That report will, of course, take into account what we have learnt from the current pandemic.

This is a domestic Bill. It is not about trade. However, I have heard colleagues across the House—I am sure I will hear them again this afternoon—voice concerns about the effect of future trade agreements on UK agriculture. Some are concerned about a reduction in standards, particularly those for animal welfare. Others are concerned that there will not be a level playing field between our products and those coming from abroad.

Like the rest of my colleagues on this side of the House, I was elected on a very clear manifesto commitment—one that my right hon. Friend the Prime Minister has reiterated since—that in all our trade negotiations we will not compromise on our high environmental protection, animal welfare and food standards. This Government will stand firm in trade negotiations to ensure that any deals live up to the values of our farmers and consumers. We are keen to ensure that parliamentarians, consumers and businesses have access to the information they need on our trade negotiations. Trade talks with the US opened formally last Tuesday. Ahead of that, the Government set out the negotiating objectives and associated documents, and a similar process will be replicated in the coming months as we do the same for deals with Japan, Australia and New Zealand.

I am grateful for the continued contributions of the National Farmers Union and others who sit on our expert trade advisory group, which helped shape this trade policy and feeds straight into the negotiating team. I assure the House that we are actively exploring how to build on that industry participation.

I reassure colleagues that all food coming into this country will be required to meet existing import requirements. At the end of the transition period, the European Union (Withdrawal) Act 2018 will convert all EU standards into domestic law. That will include a ban on using artificial growth hormones in beef. Nothing apart from potable water may be used to clean chicken carcases, and any changes to those standards would have to come before this Parliament. We will be doing our own inspections to ensure that those import conditions are met.

While we all want to support British farmers, if passed, the well-meaning amendments would have unintended consequences. The supply of food would be significantly disrupted if goods that meet our current import standards were blocked. New clauses 1 and 2 would affect UK exports to countries with whom, as part of the EU, we currently have trade agreements. I am concerned that the extra conditions in the two new clauses could result in countries refusing to enter into continuity agreements. For example, accepting new clause 2 would risk whisky exports worth £578 million. Another example is the impact on potato exporters. Some 22% of potato exports went to countries with whom a continuity agreement has not yet been signed.

If the amendments were passed, an assessment of our current UK production standards, followed by an assessment of all relevant standards in a third country, followed by an assessment of how those compared with UK legislation and UK production standards would be required to make sure that any FTA complied with them. That would all have to be done by the end of December.

I understand that Members want to ensure safeguards for our farmers. However, I have serious concerns about the unintended consequences of the amendments for our producers and exporters. Our manifesto commitment is clear that the Government will support farmers and protect our standards. All the rules, regulations and robust processes are already in place for that.

On labelling, I am looking forward to hearing from my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) on her labelling amendment. I understand that she will be championing consumer choice in the domestic market, which is very important. Other colleagues, including my right hon. Friend the Member for Tatton (Esther McVey), and my hon. Friends the Members for Totnes (Anthony Mangnall) and for West Dorset (Chris Loder), have asked us to explore whether labelling approaches could be used to differentiate products that meet domestic production standards from those that do not. This would include exploring mandatory labelling. Any scheme could not be devised until we have completed the transition period and would of course need to recognise World Trade Organisation obligations, but I assure Members from across the House that this is something we will consider closely and on which we are prepared to consult.

We all hope that UK food producers will benefit from increased export opportunities as we open up foreign markets. For example, in the last year, we have seen the lifting of a 20-year ban on the export of UK beef and lamb to Japan. Our “Food is GREAT” campaign targets consumer audiences abroad and is boosting global demand for our food and drink.

I turn now to amendments relating to financial assistance. I defy anyone to maintain that the common agricultural policy was good for either environmental protection or the productivity of British farming. It has held us back. It has paid those with more land more subsidy, regardless of what they did with it. It has favoured some parts of the industry over others. We are really keen that that changes now. We have an exciting opportunity to reset and plan for the future.

Passing the Bill will give farmers and land managers a clear direction. In England, it will enable us to deliver direct payments, simplified countryside stewardship schemes and productivity grants next year. I assure the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) that that is why this Bill is top of the queue. The gradual seven-year transition will allow farmers and land managers time to prepare for the new environmental land management scheme, which is currently being tested. Upland farmers, for example, will be well placed to benefit from it. We will also create a UK shared prosperity fund to address the needs of rural businesses and communities. Delaying the start of the agricultural transition to 2022 would just delay the many benefits of moving away from direct payments. To provide reassurance again, for 80% of farmers, our maximum reductions for 2021 will be modest at under 5%.

Improving the health of our environment as set out in the “25 Year Environment Plan” is a priority. The measures in the Bill will help us to combat climate change, but the Bill is not the place for targets. Environmental land management will be critical in helping us to deliver against our legally binding target to achieve net zero emissions by 2050. We recognise that for these policies to be effective, they need to be properly funded. In our manifesto, we committed to maintain current agricultural spending for each year of this Parliament. Of course, this is a framework Bill, and this is only the beginning. I look forward to working with colleagues across the House and with groups such as the NFU to develop the policy that will flow from this legislation.

I turn now to amendments tabled on agroecological farming practices, and on reducing the use of pesticides. We are already testing how ELM can support farmers to take a whole-farm holistic approach. We have 50 tests and trials in progress, with many more planned before the national pilot starts in 2021. We are considering innovative solutions such as integrated pest management, which aims to reduce pesticide use on farms. We absolutely agree that pesticides should not be used where that use may harm human health, and we have a robust regulatory system in place to ensure that.

I turn now to the many benefits that the Bill will bring farmers in the devolved Administrations. Clause 33 tackles an unfairness in the red meat levy system and will allow the levy collected from animals that have crossed a border for slaughter to be returned to where the animals were reared. The levy boards are working very hard to devise a scheme, and our aim is to have one in place by April 2021. New Clause 9 is for the Department of Agriculture, Environment and Rural Affairs Minister to consider. I understand that he has no plans, at this stage, to introduce a sunset clause. The UK Government will continue to work closely with the devolved Administrations. I reiterate our commitment to consulting with the devolved Administrations on our proposals for regulations to be made under the WTO clauses.

I turn to the amendments on fairness and transparency in the supply chain. No decisions have yet been taken on the subject of the appropriate enforcement body. We are exploring options with the industry first before designing the enforcement regimes and appointing a regulator, but I will keep the House up to date on that.



I turn to the amendments on tenancies. Tenants should be able to benefit from our new payment policies, and we will continue to work closely with the industry—we had a large consultation last year—as we develop these policies further.

Finally, three minor technical Government amendments have been tabled in the name of my right hon. Friend the Secretary of State at the request of the Welsh Government. These are needed in order to bridge the gap until new powers are provided by Welsh legislation in the Senedd.

The Bill provides a framework for an exciting future for farming. It will ensure that those who produce our food are properly rewarded, and that farming efficiently and improving the environment will go hand in hand in the future. I very much look forward to working with colleagues across the House to develop the environmental land management policies, and to working out how they will work not only on the ground, but above and beneath it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Deidre Brock, who is asked to speak for no more than eight minutes.

[Deidre Brock (Edinburgh North and Leith) (SNP) [V]]

I will speak to amendment 39, which is in my name.

This is a strange beast of a Bill—a hybrid that covers reserved and devolved competences, and a Lazarus that has had to rise again after that odd election in December. It now looks as if it will be the first UK Bill to be passed under the new hybrid procedures, and therefore the first UK legislation to be passed using electronic voting—so even Westminster can look a bit modern when it needs to. Perhaps electronic voting and other good developments might be retained after this pandemic is over.

Of course, the Bill is only needed because we are leaving the EU, so it is a case of cauterising a self-made wound. The Bill will pass because farmers—our food producers—need to be provided with the support they need to keep going. I will say it again, because it bears repeating: farmers are good stewards of the land; they take good care of it. It is, after all, one of their biggest assets, and it is essential to their ongoing businesses and livelihoods. Good farmers manage the land well and improve it.

I urge the Government to offer farmers more immediate support to help them get through this crisis, so that they can come out the other side with working farms and productive land. There might even be opportunities for them to use this time to innovate—to adapt their farming and business practices to a new model with an eye to future operations. We recently passed legislation that set up a new payment system. I do not see any reason why the Government should not use that to support farmers now.

We have a few choice selections on the amendment paper, and the SNP will be backing sensible improvements to the Bill. We support writing the need for high standards in imported foods into the legislation, and will be voting for that. It is of great concern to farmers, fishers and other food producers that any low-quality, mass-produced, low-price rubbish from elsewhere might be allowed to flood the market and squeeze them out. Our food producers have high-quality, high-standard and high-welfare products that provide consumers with excellent nutrition. We would be doing the food producers, the end consumers and the retailers a disservice if we allowed those high-quality products to be squeezed out by any low-quality products that have to be, for example, dipped in bleach to kill pathogens before they are dumped on the shelves. It is also a massive concern for consumers, who do not want to see their choices shut down by low-grade products.

Save our farmers, save our cooking and save our families. We must support continued high standards in animal welfare, plant hygiene and end product quality. Do not dump rubbish in our kitchens and on our plates. Let us have standards on imported food that are as high as the standards on food produced on these islands. I noted the Minister’s commitment in her speech to maintaining those standards, but I cannot understand why it is not on the face of the Bill. I look forward to her explaining that a little further later, because I am afraid that her explanations were not sufficient for me.

We also support the principles the shadow Secretary of State has written into new clause 7. Food poverty in these wealthy nations was always a disgrace, but the pandemic has brought that inequality and inhumanity into sharp relief. Action is needed to address that. I can only hope that the Government take that under advisement and look to extend the principle in the long term. People should not go hungry, or have to rely on charity to feed their children; decency and humanity are not too expensive.

Public Health Scotland looks at the effects of poverty on health, including food poverty, and analyses possible solutions as part of its work. I would imagine that Public Health England must be doing something similar, so the preparation for this would not be as big a task as it might seem, and Scotland might also offer a template you can adapt to serve England better. The “Fairer Scotland” action plan seeks to address gross inequalities. Recommendations from an independent working group on food poverty informed the creation of a fair food fund, which is now part of a larger fund investing in communities. A large lesson from that is that you cannot address food poverty properly unless you address poverty properly, and you have to roll back austerity fully if you are going to do that. You also need to ensure that there is nutritious and untainted food available, which brings us back to the principles underpinning the need to keep import standards high. There is not, however, a recognition of the devolved Governments in the amendment and it is a devolved competence, which leaves us unable to support it.

I turn now to the amendments we have lodged, including mine on import standards. I want to mention the timeous commencement of the proper operation of the red meat levy. I understand that the boards themselves are in agreement about the way forward and have been for some time, and it is incumbent upon the Government to accommodate the ambition they are showing by making sure that the machinery of the scheme is up to scratch and ready to rock ‘n’ roll as soon as possible. Scotland’s farmers have already waited far too long to get their money back so that their investments can support their businesses. I note the Minister’s commitment on this, but we will be continuing to press the Government on their commitment to April delivery.

The amendment I would like to put forward for a vote today is a bit technical. It is explained in some detail and at length in Holyrood’s Sewel memo, or legislative consent memorandum to give it the fancy title, if anyone needs the background, but it concerns the reporting to the WTO. My amendment 39 addresses the concerns in the Sewel memo and would remove the scheme that renders the devolved Administrations subject to the whims of the Secretary of State. It is surely a central principle of devolution that the devolved Administrations should be free to operate in devolved policy areas without interference from the UK Government. As the Bill currently stands, the power to determine how farming support is treated for the purposes of WTO reporting, and therefore the ceilings in each classification of support, are reserved to the UK Government rather than the devolved Administrations, which will still be tasked with providing the support to farmers. I must stress that this is a new reservation; it is a centralisation of function that does not currently exist, so I urge Members to support amendment 39 to remove that from the Bill.

I am conscious that we have a restricted timetable for these proceedings, so I will end my contribution there.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Thank you. I am now introducing a time limit of five minutes, and advise hon. Members speaking virtually to have a timing device visible.

[Neil Parish (Tiverton and Honiton) (Con)]

It is a great pleasure to speak in this debate. Given covid-19, I want to pay my great tribute to all the health workers across the country, and also the food producers, farmers, deliverers and those who process the food to get it into our shops and to consumers. It has never been so important to have home production and good-quality food in this country. It is not only farmers and growers who want that; so do the supermarkets and other retailers and the consumers. We are all working together to deliver higher and higher standards, better welfare and better environmental conditions.

The whole raison d’être of the Bill is to move us in the direction of higher welfare and environmental standards, looking after our land and soils, holding back water and having better flood protection—all of this working together. But farming, and especially commercial farming, needs to be able to produce food and to do so competitively. As Government and Opposition Members have said, there has never been more of a need to deliver sustainable, good, affordable food in this country than there is today.

I very much support new clause 1 from my hon. Friend the Member for North Dorset (Simon Hoare) and, naturally, new clause 2, which is in my name and the names of the EFRA Committee members. This is about having equivalence of production on imported food, so that it is WTO-compliant, and it is very much about getting very good trade deals in future. I want to see British lamb and more cheese go into America. I want to see everything being exported to America, and I am very happy to have imports from America in a new trade deal, but they cannot undercut our present production methods and animal welfare.

I will say this clearly to the Americans: if we look at American poultry production, we see that they use chlorine wash for about 25% or 30% of that—for the lower end of their production, where the chickens are more densely populated and there are much poorer welfare and environmental conditions—to literally clean it up so that is safe to eat, and of course, in doing that, they reduce the cost of production, but they also reduce the welfare of that poultry. I would say clearly to the Secretary of State for International Trade that she should spend her time going out and dealing with a trade deal that has equivalence and making sure that we export our very important animal and environmental welfare. And I would say to the Americans, “Why don’t you upgrade your production? Why don’t you reduce the density and population of your chickens? Why do you not reduce the amount of antibiotics that you are using, and then you will produce better chicken not only for America: it can also come into this country?”

Let us not be frightened of putting clauses into the Bill that protect us, with the great environmental and welfare standards that we want the whole Bill to have, and that farmers want to have. I think we all accept that the common agricultural policy has not been a huge success. Therefore, we can devise a better Agriculture—and food—Bill, and that is what we have to remember: agriculture is about food, and it has never been more important than now to have high-quality food. If I get the opportunity, I will most definitely push new clause 2 to a Division and I will most definitely support new clause 1. There are also Opposition new clauses that I am also prepared to look at, because I think we have to make this Bill good. It is no good being told, “Don’t put it in the Agriculture Bill; put it in the Trade Bill.” When we try to put it in the Trade Bill, it will be out of scope. We are being led down the garden path—we really are —and it is time for us to stand up and be counted.

I want great trade deals. I am not a little Englander who will defend our agriculture against all imports—quite the reverse. I think competition is good, but on a level playing field that allows us to produce great food and allows our consumers to have great food, and makes sure that we deliver good agriculture and environment for the future.

--- Later in debate ---

[Tracey Crouch (Chatham and Aylesford) (Con)]

As a parliamentary hedgehog champion, it is a pleasure to follow Huddersfield’s very own Mr Tiggy-Winkle, the hon. Member for Huddersfield (Mr Sheerman).

I rise to speak to new clause 11 and amendment 37, tabled in my name and supported by colleagues, relating to the mandatory labelling of products with their farming method. Much of what we have heard already aims to put high animal welfare standards at the heart of this Bill. For the Committee stage, I tabled other amendments, including on labelling with the method of slaughter, but due to the truncated proceedings I can only raise one today, and trust that the Lords will consider others when the Bill passes to them. I hope the Government will be sympathetic to new clause 11 and amendment 37, given that they were first proposed in a previous incarnation of the Bill by the now noble Lord Goldsmith of Richmond Park, who is responsible for this legislation when it continues its passage in the upper House. Knowing him as well as I do, I doubt very much that a red box has changed his deeply held beliefs on animal welfare.

I believe that, ultimately, consumers are best placed to drive improvement in animal welfare standards because consumer demands and changing behaviours force the agriculture and supermarket sector to adapt. The substantial shift away from caged to free-range eggs is testament to this. At present, more than half of egg production in the UK is free range, with more and more restaurants and supermarkets phasing out their use and sale of caged eggs as public demand changes. I would argue that the legislation that required eggs and egg packs to be labelled with the farming method has undoubtedly helped to accelerate this change and that extending it to other products simply follows.

I firmly believe, now we have left the EU and as we prepare to exit the transition period, that the Agriculture Bill, along with the Environment Bill, provides a once-in-a-generation opportunity to ensure that British agricultural standards are the best in the world. We can and should go beyond the current European framework and set a new standard for animal welfare. Greatly improved labelling for farming methods can be the first step in improving the availability of more ethically sourced food for a changing consumer market.

My new clause and amendment require the Secretary of State to make regulations regarding the labelling of meat, milk and dairy products as to farming method. At present, consumer demand is being impeded by lack of clear information at point of sale about how meat and dairy products have been produced. Therefore, British consumers are largely in the dark.

Plenty of consumer research has been carried out that shows an obvious want among the British public for clearer labelling to identify the farm system used to produce the food that we put on our plates. I am not sure I have heard any good reason why we should not label better, so I am hoping that the Government will either accept the amendment, or reassure me that they agree with the principle and will bring it back in an acceptable form in the Lords. There is nothing to fear from clearer, better labelling, especially as we have heard in other areas of this debate about the desire to set a new global standard for our agriculture sector.

Finally, I commend the work that has been achieved by colleagues at DEFRA. I believe that this Bill will go a long way to improving standards in the UK, but I think we need to trust the consumer and allow consumers to have the information that will drive their decisions about what they purchase. I hope that the Minister will look at my new clause sympathetically and accept it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I shall now suspend the House for 15 minutes, returning at 4.20 pm.