My Lords, I echo the words of the noble Baroness, Lady McIntosh, in congratulating the Minister and so many other noble Lords on marshalling such a remarkable number of amendments. In fact, there are so many amendments that it somewhat gives the game away that the Bill means so much to so many people. In the words of the noble Baroness, Lady Jones, it is something of a dog’s dinner. I would not be so disparaging, but I would also say that it is more than a single dinner—it seems to be everything the dog has eaten for an awfully long time.
The first four of my amendments in this group relate to the deletion of the word “water” in the provisions of Clause 1. That is because I believe this is the Agriculture Bill, not the aquaculture Bill, the Fisheries Bill, the Environment Bill or the water resources Bill. As drafted—as I understand it, there is no limitation to the definition of water—it could spread the impact of the Bill very far and wide. In proposing a number of amendments, I seek to focus the Bill on agriculture and to not let its very positive environmental aims spread too far beyond those reasonable limits. If the Minister were able to provide some clarity in concluding, it would help us to know what water this applies to.
Noble Lords should know that, as well as a farmer, I am also a holder of intertidal habitat and foreshore rights, and it is interesting to me whether the provisions of the Bill and of ELMS will be able to extend to intertidal habitat. As I understand it, intertidal habitat has enormous potential for carbon sequestration and other very positive aspects, but it is not clear whether the Bill as drafted goes to that area between high and low tide, which is obviously such an important area around the coast of Devon.
Amendment 21 also seeks to remove reference to livestock from Clause 1(1)(d). This is merely so that it conforms to the other paragraphs. It is not clear why livestock should be included in managing land, water or livestock in a way that mitigates climate change, when it is not included in managing land or water in a way that protects the environment. It is very unclear as to why livestock should appear specifically in Clause 1(1)(d) when it does not appear in (a), (c) and (e). I note the
points that the noble Baroness, Lady McIntosh, made around reservoirs, but farmers are not water managers. They use water, and I very much agree that the environmental aim should be to prevent what they do on their land having an adverse impact on water—but they are not by definition water managers, and we should recognise that.
To continue with the water theme, I propose Amendment 91, which adds the term “wetlands” to “uplands” in the definition of cultural or natural heritage. There is lots of important focus on uplands, because they are such an important part of our natural environment. However, I do not want your Lordships’ focus to depart wholly from wetlands, which are equally important to our biodiversity. They are equally marginal in many respects as a form of agricultural land, and are equally important culturally. I took the train this morning through the Somerset Levels, and we all remember the terrible floods they suffered a number of years ago. The focus should not be just on uplands. The other point about wetlands is that, given their often low-lying presence near the mouths of estuaries and rivers, they are often very proximate to large urban settlements. The interface between a large urban population and a rural, ecologically sensitive landscape is very important; it is an important part of ELMS and it should be focused upon.
The final amendment in this group, which I am proud to propose, is Amendment 236, which is supported by the Greener UK group. It seeks to add some teeth to the enforcement of the environmental provisions. As they currently exist under European regulations, good agricultural and environmental condition requirements cover the management of soils. This is in the cross-compliance provisions of the current European legislation. That will be lost from January 2021, and it is not clear that there will be adequate enforcement of the maintenance of the quality and nature of soil going forward.
The amendment adds to the agricultural diffuse pollution regulations and provides the Environment Agency with some teeth in forcing farmers to maintain the quality of soil. Soil is obviously all-important to the management of our agricultural land. Over this past winter we have seen how soil runs off in heavy rain, but how, if you have good organic matter in your soil, in a very dry spring such as the one we have just had you can retain some moisture. It enhances the resilience of our agriculture, and as climate change takes effect, that is absolutely key to our agriculture. Those are the amendments I wish to speak to now.
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