This Agriculture Bill will shape how our countryside looks for the next generation. It will change the way money is spent on food and land management as the £20 billions of subsidies that flowed through the European Union’s (EU) Common Agricultural Policy (CAP) are replaced by a new system. We do not support this bill, but we are doing our best to make some good of it. We are attempting to insert new clauses and substantial amendments, as well as co-signing a number of important amendments from other peers. The wording of our clauses and amendments are detailed below in topic groupings.
CLIMATE CHANGE
NET-ZERO 2050 – JONES OF MOULSECOOMB
Member’s explanatory statement : 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.
Insert the following new Clause –
“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 must 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 United Kingdom 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 from the day on which this Act is passed, 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 United Kingdom 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 from the day on which this Act is passed, 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 United Kingdom 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.”
FOOD SECURITY STRATEGY – BENNETT OF MANOR CASTLE
Member’s explanatory statement: This amendment gives financial powers to develop local food strategies and infrastructure and to support small farms and/or community agricultural businesses with the purpose of improving public access to fresh and nutritious food, improving farm viability, reducing transport associated with agricultural products and securing our domestic food supply.
Page 2, line 25, at end insert –
“(k) supporting the development of strategies to assist in the distribution of agri-food products which are locally produced and sold by microenterprises and community enterprises;
(l) developing a supply chain infrastructure for the purpose of assisting in the supply, processing and sale of agri-food products.”
Member’s explanatory statement : This amendment provides definitions relating to the first amendment to page 2, line 25.
Page 2, line 25, at end insert –
“(1A) For the purposes of subsection (1)(k) and (l) – “agri-food products” means any item of food or drink for personal consumption where the items consist of or include, or have been produced using (directly or indirectly, and whether or not exclusively), the whole or part of –
(a) anything grown or otherwise produced in carrying on agriculture, or
(b) any creature kept in carrying on agriculture, or
(c) any creature or other thing taken from the wild; “community enterprises” means businesses run by a charity, social enterprise, not-for-profit or co-operative organisation which are owned by, endorsed by, or engaging directly with local people; “locally produced and sold” means produced and offered for sale direct to consumers within 100 miles of the point of primary production; “micro-enterprises” means non-subsidiary, independent businesses with fewer than 10 employees.”
Page 14, line 32, at end insert –
“(f) the availability of UK-grown plant-based food products and the impact on the United Kingdom’s food security
AIDING TRANSITION TO PLANT BASED FOOD PRODUCTION – BENNETT OF MANOR CASTLE
Member’s explanatory statement: The Secretary of State could use financial assistance to reform agricultural practices to shift away from diets dominated by animal products.
Page 2, line 25, at end insert –
“( ) transitioning from livestock to plant-based food production.”
Member’s explanatory statement This amendment provides definitions relating to the first amendment to page 2, line 25.
Page 2, line 25, at end insert –
“(1A) For the purposes of subsection (1)(k) and (l)— “agri-food products” means any item of food or drink for personal consumption where the items consist of or include, or have been produced using (directly or indirectly, and whether or not exclusively), the whole or part of
(a) anything grown or otherwise produced in carrying on agriculture, or
(b) any creature kept in carrying on agriculture, or
(c) any creature or other thing taken from the wild; “community enterprises” means businesses run by a charity, social enterprise, not-for-profit or co-operative organisation which are owned by, endorsed by, or engaging directly with local people; “locally produced and sold” means produced and offered for sale direct to consumers within 100 miles of the point of primary production; “micro-enterprises” means non-subsidiary, independent businesses with fewer than 10 employees.”
Member’s explanatory statement: This relates to the amendment tabled by Baroness Bennett of Manor Castle to page 2, line 25 which provides that financial assistance may be provided for farms transitioning from livestock to plant-based production.
Page 2, line 35, at end insert –
“(4A) The Secretary of State must conduct a consultation with –
(a) persons and organisations who represent animal welfare interests,
(b) relevant non-governmental organisations, and
(c) any other persons the Secretary of State considers appropriate, to establish the eligibility and criteria for receiving financial assistance under subsection (1) for transitioning from livestock to plant based production.
(4B) Eligibility and criteria may include species-specific guidelines and requirements.
(4C) The Secretary of State must lay before Parliament a report containing the outcomes of the consultation, including the recommended eligibility and criteria for receiving financial assistance under subsection (1) for transitioning from livestock to plant based production.
(4D) The Secretary of State must conduct another consultation in the same terms under subsections (4A) to (4C) every two years.”
AIDING TRANSITION TO PLANT BASED FOOD PRODUCTION – JONES OF MOULSECOOMB
Page 30, line 32, leave out subsection (1) and insert –
“(1) The red meat levy is to be known as the animal slaughter levy.
(1A) A scheme under this section (“the scheme”) –
(a) may make provision for amounts of animal slaughter levy collected by the levy body for one country in Great Britain to be paid to the levy body for another such country, or
(b) may amend, suspend or revoke an earlier scheme made under this section, and
(c) must by regulations make provision so that the levy is applied to all meats and carcasses from animals slaughtered in the United Kingdom.
(1B) For the purposes of subsection (1A)(c), regulations are subject to the affirmative resolution procedure.
Page 31, line 4, leave out “red meat” and insert “animal slaughter”
Page 31, line 11, leave out “red meat” and insert “animal slaughter”
Page 31, line 23, at end insert –
“( ) is to be established so that revenue from the levy is to be used to support farms which transition from livestock to plant-based food production
Page 31, line 31, leave out “red meat” and insert “animal slaughter”
IMPORTS – JONES OF MOULSECOOMB
Member’s explanatory statement: This new clause ensures that UK standards regarding food safety, the environment and animal welfare cannot be undermined by imports produced to lower standards.
Insert the following new Clause –
“Ratification of international trade agreements
(1) After IP completion day, any agricultural food products imported into the United Kingdom under an international trade agreement must –
(a) comply with the standards laid down by primary and subordinate legislation in the United Kingdom regarding food safety, the environment and the welfare of farm animals, or
(b) have been produced to standards or in ways that are comparable in effectiveness to the legislative standards of the United Kingdom in protecting food safety, the environment and the welfare of farm animals.
(2) The United Kingdom shall not ratify any international trade agreement unless it includes provisions that enable the United Kingdom to refuse to permit the import of food products that are inconsistent with subsection (1).
(3) In this section, “IP completion day” has the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020.”
ANIMAL WELFARE – JONES OF MOULSECOOMB
NEW OFFENCE
Insert the following new Clause –
“Farming activity and animal welfare standards: offence
(1) A person who is responsible for a farming activity that fails to meet animal welfare and environmental standards is guilty of an offence.
(2) A person guilty of an offence is liable –
(a) on conviction on indictment, to a fine;
(b) on summary conviction in England and Wales, to a fine;
(c) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum.”
FINANCIAL SUPPORT AND MONITORING
Page 2, line 25, at end insert –
“( ) supporting public bodies that provide meals or food to apply improved environmental or animal welfare standards.”
Page 2, line 32, at end insert –
“(3A) Financial assistance under this section may not be provided to livestock farms which –
(a) use strict confinement of livestock, such as cages for laying hens or farrowing crates for sows,
(b) use mutilations such as tail docking, debeaking, tooth-pulling or castration without anaesthetic,
(c) have high instances of lameness or disease amongst livestock,
(d) have high antibiotic use,
(e) exceed the proportional stocking density for relevant species defined by animal welfare codes of conduct,
(f) do not ensure that animals and livestock are kept in social groups of a species-appropriate number based on scientific evidence.
(3B) For the purposes of subsection (3A)(d), the Secretary of State must by regulations provide a definition of “high antibiotic use” and a system for monitoring of farms’ use of antibiotics in livestock.”
Member’s explanatory statement: This keeps animal welfare at the heart of the planning process and requires the Secretary of State to be explicit about how welfare will be monitored.
Page 5, line 9, at end insert –
“(ba) outline how advances in animal welfare will be supported by financial assistance and how this will be monitored during the period of the plan, and”
Member’s explanatory statement: This would create an auditing requirement to ensure that funds have been assigned to promote good animal welfare.
Page 6, line 6, at end insert –
“( ) an assessment of how animal welfare has been supported by the financial assistance;”
Page 16, line 22, at end insert –
“( ) The Secretary of State may not give financial assistance under this section to producers that do not meet animal welfare standards, including failing to provide living conditions for livestock as defined by the five needs under section 9(2) (duty of person responsible for animal to ensure welfare) of the Animal Welfare Act 2006.”
FULL DISCLOSURE
Page 29, leave out lines 36 to 44 and insert –
“(1) The Secretary of State must by order under section 87(1)(a) establish a body to be known as the Animal Food Product Traceability Authority (“the Authority”) with the functions of monitoring and regulating the labelling and marketing of animal food products in accordance with regulations made under section 35 of the Agriculture Act 2020.
(1A) The Authority may be assigned functions that are exercisable in relation to England, Wales, Northern Ireland or Scotland under section 87(1)(b) and relate to –
(a) collecting, managing and making available information regarding the identification, movement and health of animals, or
(b) the means of identifying animals.”
Page 32, line 28, leave out paragraph (j) and insert –
“(j) requirements to label animal produce in accordance with the requirements established under section 89A of the Natural Environment and Rural Communities Act 2006 (see section 32) for all animals used in food production, including but not limited to poultry;”
Page 32, line 36, at end insert –
“, and the use of QR codes on agricultural product packaging to disclose this information.”
Page 32, line 36, at end insert –
“( ) animal welfare standards of the product.”
Page 32, line 36, at end insert –
“( ) The Secretary of State must by regulations establish a requirement for –
(a) origin,
(b) transportation, and
(c) method of slaughter of animals (where applicable), to be included in marketing standards for relevant agricultural products listed in Schedule 4, including the display of the information listed in paragraphs (a) to (c) on any packaging of the agricultural products sold.”
Page 36, line 42, at end insert –
“( ) Regulations under this section may not – (a) relax or reduce United Kingdom animal welfare standards, or (b) allow deviations from requirements for the labelling of animal food products as established under section 89A of the Natural Environment and Rural Communities Act 2006 (see section 32).”
UPHOLDING STANDARDS
Page 8, line 26, at end insert –
“( ) The Secretary of State may not make amendments to legislation, by regulations under this section, that will result in a reduction of animal welfare standards.”
Page 8, line 35, at end insert –
“but it does not include any regulation pertaining to animal welfare standards regardless of its impacts on financial cost, administrative or practical inconvenience, efficiency, productivity or profitability.”
Page 11, line 38, at end insert –
“but it does not include any regulation pertaining to animal welfare standards regardless of its impacts on financial cost, administrative or practical inconvenience, efficiency, productivity or profitability;”
Page 23, line 13, at end insert –
“( ) For the purposes of subsection (7)(a), “quality” must include animal welfare standards which exceed the statutory minimums for the appropriate animal product, including those established under the Animal Welfare Act 2006, relevant regulations and codes of practice.”
Page 24, line 38, at end insert –
“( ) where the organisation includes members that produce animal-based products, that the organisation has designated a member with responsibility to maintain, monitor, evaluate, improve and promote animal welfare.”
Page 26, line 18, at end insert –
“( ) Where regulations under sections 28 or 29 may affect livestock producers, the Secretary of State must consult representatives of the animal welfare sector.”
Page 58, line 39, at end insert –
“but it does not include any regulation pertaining to animal welfare standards regardless of its impacts on financial cost, administrative or practical inconvenience, efficiency, productivity or profitability.”
LANDUSE – BENNETT OF MANOR CASTLE
REPORT ON LANDUSE
Member’s explanatory statement: This clause provides for a regular report to Parliament regarding the state of agricultural land and targets for improving it.
Insert the following new Clause –
“Duty to report to Parliament on the state of agricultural land
(1) The Secretary of State must, at least once every two years, prepare and lay before Parliament a report containing an analysis of statistical data relating to the state of agricultural land in the United Kingdom.
(2) The data analysed in the report must include (among other things) data about the following matters –
(a) the condition of the soils, including carbon stored;
(b) the level and diversity of wildlife populations, including insects, mammals and birds;
(c) the diversity of wild plant life and crops;
(d) the level of conversion of pastoral, arable and horticultural land converted to organic production;
(e) the percentage of land using agroforestry methods;
(f) the level of usage of artificial and natural fertiliser; and
(g) the level of usage of herbicides and pesticides.
(3) This report must include targets for the following reporting period and for the period of the current multi-annual funding plan for increasing the things set out in paragraphs (2)(a) to (e), and the reduction of artificial and natural fertiliser and herbicides and pesticide under paragraphs (f) and (g).”
POLLUTION
Insert the following new Clause –
“Repeal of exemptions for pre-1991 silos, slurry storage systems or fuel storage tanks
(1) The Secretary of State must by regulations repeal regulation 6 (exemptions) of the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 (SI 2010/639) no later than 31st December 2023.
(2) Regulations under this section are subject to the affirmative resolution procedure.”
MEADOWLAND
Member’s explanatory statement: This new clause would protect meadows and other semi-natural grasslands by preventing funds being given to activities which would cause them harm.
Insert the following new Clause –
“Meadows and other semi-natural grasslands
(1) The Secretary of State must ensure that all reasonable steps are taken to ensure that financial assistance is not provided for activities related to semi-natural grasslands which would be damaging or destructive to biodiversity or soil carbon, including –
(a) cultivations undertaken for agricultural purposes,
(b) fertilisers or pesticides applied to the land, and
(c) planting trees.
(2) Subsections (1)(a) to (c) apply to any semi-natural grassland in, or adjacent to, agricultural land, that totals more than half of one hectare.
(3) Subsection (1) does not apply where a land manager has written permission from the Secretary of State, in order to enhance the environment or improve public or agricultural access.
(4) For the purposes of this section –
“fertilisers” includes inorganic and organic fertiliser, organic manures, lime, slurry, sewage sludge, anaerobic digestate, slag, trace elements, calcified seaweed and human waste; “pesticides” means anything used for destroying pests or wild plants and fungi, and includes herbicides, fungicides, insecticides and other biocides; “semi-natural grasslands” means plant communities where a high proportion of the vegetation consists of a mixture of native grasses and dicotyledonous herbs where woody shrubs are largely absent and where vegetation height is normally less than one metre, as defined by Natural England.”
REDUCTION OF ARTIFICIAL INPUTS
Member’s explanatory statement : This amendment seeks to ensure that financial support works towards cutting the use of herbicides, pesticides and artificial fertilisers, and towards improved nutrient content of crops and hence foods.
Page 2, line 25, at end insert –
“( ) reducing or ending the usage of chemical herbicides and pesticides; ( ) reducing or ending the usage of chemical fertilisers; ( ) improving the nutrition per acre output of crops.”
AIR POLLUTION – JONES OF MOULSECOOMB
Page 2, line 9, at end insert “, including reducing air pollution;”
Page 2, line 15, at end insert “, including reducing air pollution;”
Page 2, line 17, at end insert “, including reducing air pollution;”
Page 2, line 25, at end insert –
“( ) reducing agricultural emissions to the air including, but not limited to, ammonia and methane.”
RECOGNITION OF THE CRUCIAL AND DISTINCT ROLE OF FUNGI – BENNETT OF MANOR CASTLE
Page 3, line 5, leave out “or plants” and insert “, plants or fungi”
Page 18, line 35, after “plants” insert “or fungi”
Page 19, line 4, after “plants” insert “or fungi”
Page 19, leave out line 6
Page 65, line 11, after “plants” insert “or fungi”
Page 65, line 25, after “plants” insert “or fungi”
Page 65, leave out line 27
Page 77, line 11, after “plants” insert “or fungi”
Page 77, line 25, after “plants” insert “or fungi”
Page 77, leave out line 27
Read all the amendments tabled here
Baroness Jones of Moulsecoomb 