Agriculture Bill — House of Lords, 2020-09-17
Topic: Agriculture
Donald Thomas (Liberal Democrats, Centre to centre-left): My Lords, these powers under Chapter 2 of Part 2 of the Bill make a declaration that exceptional market conditions which trigger financial assistance of a varying kind are to be exercised by the English Minister by way of regulations made under the negative procedure. That means that they will escape extensive parliamentary scrutiny, as we are well aware. The sort of market conditions that Clause 18 has in mind is where there is a severe disturbance or a threat of such disturbance to agricultural markets that would have such a significantly adverse effect on producers in England as to constitute exceptional market conditions. That is to be judged by the limited criterion of the prices farmers receive for the sale of their agricultural produce. It is made clear in the Explanatory Notes that the devolved Administrations in Wales and Scotland have the ability, under their devolved powers, to make similar arrangements within their own jurisdictions. The noble Baronesses, Lady Ritchie of Downpatrick and Lady Bennett, have outlined the unsatisfactory position in Northern Ireland, and I support their call for clarity. However, I suppose that that is the reason it is thought these clauses do not require legislative consent from the Welsh Senedd or the Scottish Parliament —let them do their own thing But of course, if exceptional market conditions exist in England, they are bound to have an effect, certainly in the borders of Wales that I know best. I recall that Welshpool was once the largest market for sheep in Europe, but there are equally strong markets in both Oswestry and Shrewsbury, and what happens in one affects the others. I remember that when I was chair of Marcher Sound, broadcasting to north Wales and Cheshire, our farming report every morning at six o’clock broadcast the price of hoggets in markets on both sides of the border. This was vital early intelligence as I headed for the London train It seems common sense that introducing financial assistance to English farmers under Chapter 2 would have a vital effect on prices and risk unfair competition. Moreover, agriculture is a significant part of both the Welsh and Scottish economies, as the noble Lord, Lord Bruce of Bennachie, pointed out. Surely decisions of this nature should be subject to consultation with, and consent by, the devolved nations. I have no knowledge of the markets of Carlisle and Berwick, but I have no doubt that there would be serious financial implications for those agricultural markets, and equally for those in Northern Ireland It may be suggested that exceptional market conditions could be so exceptional that an English Secretary of State would have to move quickly with no time for consultation, but surely he would move and should move in step with the devolved Administrations, and certainly not with any of the belligerence to which my noble friend Lady Humphreys referred The Minister will recall that, at the Second Reading and Committee stages of this Bill, I raised the issue of internal markets and price stability, not knowing that the now infamous Internal Market Bill was about to be unveiled to the world. Did the devolved Administrations know of the contents of that Bill? Their alarmed reaction demonstrates that they did not. It is a Bill that is perceived to be a unilateral grab at former EU powers which ought to be directed immediately to the devolved Administrations, and I promise that I will not even mention the attack on the rule of law The Government sometimes tell us that we have already left the EU, so get over it. Well, devolution is a fact of 20 years’ standing, and it is about time that the Government understood that one of its main implications is the need for consultation and consent. There is a limit to the extent to which lack of time can be pushed when there is no consultation. As the whole country knows, the reason for the rush and haste and us being here until midnight discussing this Bill is due to the hazard which this Government chose to construct for themselves. I support Amendments 60 and 92 in this group, and I look forward to the Minister’s response.