My Lords, I thank all noble Lords, particularly the noble Baroness, Lady Young of Old Scone, for another thought-provoking debate.
Agriculture has a key role to play in the protection of the environment and helping us achieve the targets set out in the 25-year environment plan. The noble Baroness’s amendment raises some important aspects of an effective regulatory regime. We agree on the importance of consultation. The Government will increase their engagement with interested parties on agricultural regulation in the autumn. We will be seeking evidence and views to help develop plans and policies, to ensure that we have the best possible regulatory system for the agricultural sector in the future.
Existing regulations and regulatory bodies will continue to protect the environment. Having listened to their comments, is seems that some noble Lords are forgetting —or choosing to airbrush—all the domestic regulation that protects our air, water and land. For example, the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations include important protections that mandate action to reduce soil loss. The regulations on nitrates and on slurry, silage and agricultural fuel oil are designed to protect our watercourses. The Government will also raise standards, where needed, to protect our environment. As announced in the clean air strategy, the Government will require and support farmers to take more action to reduce ammonia emissions. We will work with farmers and land managers to uphold our standards.
While our current regulatory regimes will continue to work to ensure that the environment is protected, leaving the CAP is an important moment. The Government intend to seize this opportunity, engage with industry and work in partnership to strengthen how we regulate in the future. In establishing a new regulatory model, we want to work with the sector to get it right while ensuring that we always have a robust system of inspection and enforcement in place to uphold our important standards.
The Government envisage a future regulatory system designed with a focus on outcomes, both environmental and related to animal, health and welfare, with the core principles of partnership, adaptability, proportionality, transparency and efficiency at its heart. The Government will work across the Defra group to develop a shared strategy for farming and land-management regulation. This shared strategy will set out a clear vision for agricultural regulation and allow co-ordinated action and improvement across agencies aligned to Defra’s priorities, including those in the 25-year environment plan.
I am glad that my noble friend Lord Randall of Uxbridge tabled Amendment 230. Hedgerows and field boundaries are the very essence of our countryside; they provide vital resources for mammals, birds and insect species. As well as being an important habitat in their own right, they act as wildlife corridors, allowing dispersal between isolated habitats. Many are also important historical and cultural landscape features. The Government recognise the crucial role hedgerows play in providing habitat in the 25-year environment plan and are committed to protecting them.
I must say to the noble Lord, Lord Greaves, who is probably involved with this matter, that we already have domestic legislation, as he must be well aware, in
the form of the Hedgerows Regulations 1997, which prohibit the removal of important hedgerows and have played a role in helping to stop the net loss of hedgerows that was observed before their introduction. Since the Hedgerows Regulations came into effect, evidence shows that the decline in the length of hedges reported in the 1980s has been halted and rates of removal have fallen markedly.
The role of hedgerows as important habitats for birds and their nesting sites is protected under the Wildlife and Countryside Act 1981. Specifically, hedges may not be cut during bird-nesting season as this would harm birds or destroy their nests. Existing regulatory regimes protect hedgerows from removal and protect their function as important habitats. We want to support farmers, as custodians of the countryside, including through the creation, maintenance and protection of our hedgerows and other field boundaries.
My noble friend’s amendment would bring the rules on hedgerows, stone walls and stone and earth banks, which are contained in cross compliance, into domestic legislation. Cross compliance will continue for all BPS recipients for the time being. We will not start making delinked payments until 2022 at the earliest and not before consultation. In place of automatically replicating cross compliance rules in regulation, the Government intend to review the most effective mechanism to deliver against their environmental goals. A number of noble Lords have raised the fact that, under Clause 1, ELMS can provide financial assistance for hedgerow planting and maintenance where this helps to deliver environmental public goods.
The Government want to work with their partners to ensure that their regulatory response is effective and proportionate. We are committed to maintaining and improving environmental standards, working with and listening to industry to help us do so. To my noble friend I say that the Government are absolutely seized of the importance of hedgerows and boundaries, and we will be working in all respects to safeguard their future. They are really important.
To the noble Baroness, Lady Quin, I say that I am reminded of the Year of Green Action last year and the importance of encouraging—well beyond the farming community—those of us who garden, have allotments or can make a difference in some way. I certainly use this opportunity to suggest that, unless it is for safety reasons, we should not cut our hedges too early. I am also mowing a lot less and it is interesting to see so many more pollinators on my very scrappy grass.
Amendment 231 would amend the farming rules for water, and with it I shall also address Amendments 296 and 297. The Government understand the urgent importance of protecting our soils and have committed in the 25-year environment plan to having sustainably managed soils by 2030. Clause 1(1)(j) provides for financial assistance to manage land or water in a way that protects and improves the environment and for the protection and improvement of soil. The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations, known as the farming rules for water, already cover the management of buffer strips. It is expected that all farmers will continue to implement these as a reasonable precaution to prevent
diffuse pollution. If farmers fail adequately to utilise such measures where necessary, they will be considered to be non-compliant.
The Government agree that records can be important for demonstrating compliance and also understand the value of buffer strips in mitigating pollution. The Government will conduct and publish a review of the farming rules for water early next year, where the effectiveness of these regulations will be fully assessed and stakeholders consulted. During the review, the Government will ensure that watercourse buffer strips and the inclusion of inland water sources are duly considered. The clean air strategy commits to extend environmental permitting to the dairy and intensive beef sectors by 2025, and the powers to extend the legislation to these sectors are already in place. As part of this work, we will consider whether other sectors need further regulation.
On pig production, I say to my noble friend that the largest intensive pig sector installations are already regulated through the environmental permitting regulations. Installations with more than 2,000 places for production pigs over 30 kg and 750 places for sows currently require a permit. I have taken some advice on pig density: it is considered that a proposed pig density limit of 20 pigs per hectare is particularly low.
My noble friend Lady McIntosh asked about policing and advisers. Existing bodies will continue to protect the environment. The Environment Agency and Natural England will use advice-led enforcement.
I turn to Amendment 233. The Government are conducting a comprehensive post-implementation review of the slurry, silage and agricultural fuel oil and related nitrate regulations. This review will consider all the provisions in the regulations holistically and look at how we regulate more modern practices, such as the use of slurry bags. The Government are committed to the environment and have set ourselves challenging goals in the 25-year environment plan. To meet these, we need to consider the best way to manage environmental pressures, including slurry and silage. This review is already under way and we should not pre-empt its outcome. We should take a broad view of the changes, if any, needed to ensure we can meet those 25-year environment plan goals.
I shall repeat what I said on the previous group to the noble Baroness, Lady Young of Old Scone. I am very happy to discuss her thoughts on these matters, particularly since the Government are well-seized of the importance of a proportionate and proper regulatory regime. We already have our domestic regulations and requirements, and we will continue with cross-compliance until there has been consultation. The noble Lord, Lord Greaves, should not worry; they will not be lost until we are working on replacements. It is very important that we work together on this, so I say to the noble Baroness that I am sure the experts will be happy to discuss this with her, and I would be delighted to be part of that if she would like. I hope she is reassured of the importance that the Government place on ensuring that we have contemporary regulations that are couched to improve the environment and to work with farmers. On that basis, I hope she will feel able to withdraw her amendment.
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