Agriculture Bill — House of Lords, 2020-07-07
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, this has quite clearly been an extensive debate; it has been most rewarding for me to hear such a range of views on Clause 1 and financial assistance. I say to the noble Lord, Lord Judd, that I have thoroughly enjoyed this debate. I agree with the noble Baroness, Lady Jones of Whitchurch: there will be disagreements along the way—I have no doubt—but I think we should all be enthusiastic about the opportunity that we have I open by declaring my farming interests as set out in the register. I also say to the noble Lord, Lord Whitty, that I agree with the sound comments he made in many respects. That is precisely why there is an agricultural transition period of seven years and why we are working with farmers on tests and trials, so that we get this right Turning to the amendments, as I must and will, I may ask for your Lordships’ indulgence and support in my discussion with the Chief Whip if I go a little over time, because I want to address all the amendments properly On Amendment 1, we have chosen to use the term "may" rather than "must", which is entirely consistent with other legislation. Free from the constraints of the common agricultural policy, the Government need the flexibility to reprioritise and adapt in response to changing environmental circumstances and new evidence. "May" also gives the flexibility to establish and fund schemes for a range of different purposes. The Government set out their long-term vision for what we will use public money to fund in the 25-year environment plan and the policy document published alongside the Bill. I emphasise to all noble Lords and absolutely confirm that there is no doubt that we will introduce new financial assistance I agree with the noble Baronesses, Lady Young of Old Scone and Lady Jones of Whitchurch, and my noble friend Lord Trenchard that the construction of the Bill is deliberately broad so that we can embrace almost everything raised on many of the matters. I will have to say that the Government are very clear on some amendments. If, when we come to it, I mention ponies and other breeds, that is the context in which the Government have problems with some of the amendments. We want to ensure that we have it broad deliberately, so that many of the points noble Lords have made are embraced On my noble friend Lord Dundee’s Amendment 74, the Government recognise that farms should be incentivised to deliver multiple purposes. However, it will be very hard, if not impossible, to separate farms into single-purpose or multipurpose farms in this way. To take an example, if financial assistance is given for "managing land or water in a way that protects or improves the environment" under Clause 1(1)(a), many of those actions are likely to contribute to other purposes, such as mitigating or adapting to climate change in Clause 1(1)(d), reducing environmental hazards in Clause 1(1)(e) and so forth. This would tie the Government into creating systems that attempt to unpick the complexity of the natural environment to meet a bureaucratic requirement—albeit, I accept, a well-intentioned one. I think this was a point the noble Lord, Lord Whitty, made from his experience: beware of creating a bureaucratic monster by trying to have a perfect form In Amendments 4, 16, 21, 91 and 236, the noble Earl, Lord Devon, seeks to limit the scope of the purposes for giving financial assistance to the management of land by removing "water", thereby narrowing what the Government can pay for under future financial assistance schemes. There are critical actions related to the management of water, and indeed of livestock, that the Government would want to pay for, particularly through ELM. For example, the mitigation of and adaptation to climate change can be supported by encouraging farmers to manage their livestock feed, to help reduce emissions that are emitted from livestock. Protecting and improving our environment or our cultural and natural heritage may involve the management of water. For example, creating, maintaining and restoring water-based habitats on farms can support a healthy ecosystem and ensure that we meet our commitments to biodiversity. This may involve the management of ponds, lakes and ditches, which would not be included in a definition of agricultural land I take this opportunity to refer to the point made by the noble Lord, Lord Chidgey, about nitrates. The Government have taken action to mitigate nitrate pollution by placing farmers under regulations and providing them with grants. Farmers in nitrate-vulnerable zones are bound by the nitrates regulations The requirement of "managing land or water in a way that maintains, restores or enhances cultural or natural heritage" includes the management of our wetlands. Just to clarify, the marine environment is not in scope of the Bill, but I was very pleased that the noble Lord, Lord Blunkett, mentioned curlews. A much longer conversation with the noble Lord is required on crayfish. I have worked on this, and there are difficulties. At a later time I will perhaps spend some time explaining the issues Clause 1(1)(j) provides for financial assistance to be given for the protection and improvement of soil. This assistance will further aid in meeting this ambition for sustainably managed soils. Soil is clearly one of our greatest natural assets and the Government are committed to having sustainably managed soils by 2030, as set out in our 25-year environment plan, under which we are developing a healthy soils indicator. I also say to the noble Earl, Lord Devon, that the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 define environmental outcomes that land managers must take account to avoid, including soil run-off and erosion. Indeed, civil sanctions are available. On Amendments 5, 17, 89, 27 and 28 from my noble friend Lord Lucas, the Bill already allows funding for the management of land and water in a way that conserves the environment or our cultural or natural heritage, which could include "conserve" habitats. On the amendment that would expand the definition of "conserve", Clause 1(5) already includes creating, protecting and maintaining Clause 1 allows support for the conservation of species and habitats if it contributes to protecting and improving the environment or maintaining, restoring and enhancing cultural or natural heritage. For example, ELM could support farmers to manage moorlands using traditional grazing techniques and native breeds or provide funding for the creation of new woodlands or flood plains. Clause 1(1)(g) and 1(1)(i) could be used to incentivise farmers to rear rare and native breeds or support measures to utilise crop wild relatives, thereby safeguarding those genetic traits that may offer a way to sustainably increase food production or improve our capacity to adapt to the emergence of new animal or plant diseases. I say to the noble Baronesses, Lady Mallalieu and Lady Jones of Whitchurch, the noble and learned Baroness, Lady Butler-Sloss, and my noble friend Lord De Mauley that the Government are wedded to the current drafting of the Bill. I say to my noble friend Lord Lucas that the Bill already caters for support for the conservation of newly established crop species that contribute to the provision of public goods Amendment 45 touches on existing work taking place to support the development of the UK’s domestic animal feed production. We are already funding research in this area through the Pulse Crop Genetic Improvement Network, a project due to end in 2023. A key part of our programme looks at how to produce better-quality animal feed and potential alternatives to imported soya protein On Amendment 76, the Government’s current proposals for the ELM scheme already include a significant space for the direct involvement of local groups. Local nature partnerships would be ideally placed to apply their expertise and ensure that tiers 2 and 3 of ELM are designed to support land managers in the delivery of environmental outcomes by providing the right things in the right places. The Government are already working closely with many of the organisations involved with local nature partnerships.