Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, with reference to the guidance on cross compliance updated on 14 February 2023, which (a) cross compliance standards and (b) rules for participants in the Basic Payments Scheme or Countryside Stewardship will cease to have effect in 2024 and are not otherwise provided for in their entirety in English law as of 23 November 2023.

Good Agricultural and Environmental Condition (GAEC) cross compliance rules 1, 4, 5 and 7a are not fully replicated in existing domestic legislation as follows.

GAEC 1, which requires the maintenance of green cover, non-cultivation of land and spraying of pesticides within two metres of a water course. Domestic legislation, the Farming Rules for Water, however, provides rules preventing the application of manure and fertiliser close to a water course. It also prescribes that farmers must take all reasonable precautions to prevent pollution from cultivation practices, such as spraying pesticides. The use of pesticides is also set out in the Code of Practice for using Plant Protection Products.

GAEC 4 and GAEC 5, which require a minimum soil cover and measures to minimise soil erosion. Again, the Farming Rules for Water sets out generalised soil cover and erosion measures where it may prevent agricultural diffuse pollution. There is no reference to mitigation of wind erosion in the Farming Rules for Water. GAEC rules 4 and 5 are not covered elsewhere in domestic legislation.

GAEC 7a, which requires the maintenance of green cover within two metres of the centre of a hedge and the prohibition of cutting a hedge between 1 March and 31 August. Also, the removal of stone walls, earth and stone banks. Defra has recently consulted on new legislation to replace the cross compliance hedgerow protections. As set out in January 2023 Defra plans to pay, as part of Environmental Land Management schemes, for new actions to maintain drystone walls, stone and earth banks in good condition.