My Lords, the Agriculture Bill is before your Lordships’ House once more. We do not apologise for that, as food standards remain a clear priority for the great British public. I declare my interest and my farming background as recorded on the register.
I start by thanking the Minister and the Minister in the Commons, Victoria Prentis, for the extensive discussions conducted with me and my colleagues, my noble friend Lady Jones of Whitchurch, the shadow Defra Secretary of State Luke Pollard and the shadow Minister for Food and Farming Daniel Zeichner, which were conducted immediately before the tabling deadline for amendments in the Commons. They were difficult discussions because the Government would not share the text of their amendment with us, as well as deeming it non-negotiable. We all know that Governments do not conduct negotiations. It was a bit like wandering around in the dark looking for a bag to be able to release the cat. When the full light of day came, there was no cat to be found. However, those discussions identified what the cat should look like, and it was very disappointing to discover that the amendment did not resemble what we thought had been agreed between us.
3.45 pm
We commend the Government on moving from their previous position and conceding that the Trade and Agriculture Commission be set up in the Trade Bill. Discussions focused on the TAC—its independence, membership and reporting structure within the CRaG process—and the underpinning of standards. How this will be shaped largely moves to the Trade Bill, but the amendment to your Lordships’ previous resolutions regarding standards reporting and the CRaG process is here now in response to Labour’s previous amendments.
Sunday’s joint ministerial statement also did not entirely resemble the conclusions we considered had been agreed with the Government.
We understand and agree that, under subsection (4) of the new clause inserted by the Government’s amendment, the advice that
“the Secretary of State considers to be independent”
is a legal definition that is challengeable in the courts, and we have no quarrel with that. However, the clear differences appear in our amendment to the text of the Government’s amendment. Under Amendment 18E, it is most important that the TAC’s report has merit and it should be guaranteed that it will be placed independently before the Commons and must not be subsumed as merely part of the overall report that committees of both House may make. Food standards remain a clear commitment that must be maintained and must be seen to be maintained by so many organisations, individuals and farmers in all corners of the United Kingdom. It is very important that the Trade and Agriculture Commission is an expert body. Its voice must be heard clearly. Its voice must not be supressed. Every voice must count, and it must be clear as a statutory body among the plurality of views that come before Parliament. It can then be properly assessed with the resolution to be moved by the Government.
The second adjustment to the Government’s text before your Lordships this afternoon, Amendment 18F, concerns the meaning of standards maintenance as recognised by the World Trade Organization. The word is “equivalence”. It is disappointing that the Government continue to represent the intentions, workings and understanding of this term portrayed in the joint ministerial statement, but now is not the time to repeat previous debates.
Since the Commons proposal, the debate has continued, and I am extremely grateful to the Minister for the way he has engaged with me and the time he has given so that we understand each other. I am pleased that he has responded further in his opening remarks to the Government’s proposal to your Lordships’ House. He is an excellent Minister and much admired around the House for the way he represents the Government.
We should be clear that in offering this late concession to the Agriculture Bill, the Government are also asking us to accept amendments to the Trade Bill, which is currently paused. We have not seen those amendments. Indeed, I expect they have yet to be drafted or signed off. The noble Lord, Lord Gardiner, is not a Minister in the Department for International Trade, but when he speaks from the Dispatch Box he speaks for the whole Government and I hope very much that when he comes to respond to the debate this afternoon he can confirm that the Government will ensure that amendments to the Trade Bill deal not only with the outstanding issues I have touched on in relation to the Trade and Agriculture Commission but will deliver the issues discussed and agreed with the shadow Secretary of State Emily Thornberry only last week. Of course, the Trade Bill is concerned not just with agricultural trade matters, so there will be other sectoral interests that will need to be addressed if our concerns are to be met.
On the TAC, we will expect it to be established as an independent body with an appropriate budget and staff and with members appointed in accordance with best practice for public appointments. If the TAC is to do the job of underpinning food production, animal health and welfare standards and the environment, it must be able to report directly to Parliament and the relevant committees of both Houses, not just through a report laid by the Secretary of State.
Our amendment in lieu highlights three issues, among others, which will need to be included in the government amendments to the Trade Bill. First, if a future trade agreement is likely to contain measures that change primary or subordinate legislation relating to the current standards, Ministers must ensure that Parliament and the devolved Administrations are made aware of all these in a timely manner, and that all necessary changes to primary or secondary legislation are made before the treaty approval mechanisms under the CRaG Act 2010 are initiated. Secondly, regulations must ensure that the commitments made by the Government provide the appropriate Select Committees of both Houses, and the devolved Administrations, with draft objectives, progress reports and the final text of future trade agreements. Thirdly, sufficient time must be provided by the Government so that parliamentary committees and the devolved Administrations may consider all matters relevant to future trade agreements and that Parliament itself has time to debate and vote on all such treaties.
The Agriculture Bill will be done. It is now clear, from the Government’s position in their amendments, that there cannot be a regression of standards. We can go forward with the Government’s new position and the explanations given. The importance to the British consumer of the nature of imported food has been understood and recognised by the Government’s concession to your Lordships. We had felt jilted after it seemed that we were agreeing to new solutions together. However, the Minister has gone a long way towards rebuilding the bridges with his remarks today. Now is the time for those three special words needed for us to come together: “Maybe you’re right”.
Discussions around the TAC addition to the Trade Bill will obviously continue. The coalition of concern regarding food continues and our deep anguish remains with the massive increase in food bank usage. Nutrition remains of key importance. We also celebrate the very late, overnight concession agreed on free school meals being provided to children in our communities over the Christmas, Easter and summer holidays. The Government have boosted confidence with today’s concessions, which formalise the transparency and scrutiny that they promised at the election. This is an incredible achievement and there is no need for further Divisions today.
It remains for me to thank all noble Lords who have supported my many amendments during the passage of this important Bill. The UK will be in a new moment. I have a strong hunch that the Government’s recognition of food standards will be the key to unlock the EU deal. The sooner the Government work with us on the scope and wording of those amendments, the sooner that may be achieved. On these Benches, we
recognise the value of the farming industry and the quality of the product that the whole food supply chain delivers. I congratulate my noble friend Lord Curry, Minette Batters and the team at the National Farmers’ Union on the fulfilment of their campaign to achieve this milestone. I congratulate the Minister on engaging with them to bring forward this concession. Minette has worked tirelessly.
I followed the whole debate in the Commons, where many Members spoke in praise of the quality of British food produced in so many of their constituencies, including Edward Timpson, my constituency MP in Cheshire. All spoke with confidence that quality enhances the UK’s competitiveness. The Agriculture Bill sets up a clear vision for the future to be achieved by the measures it introduces. There will still be many aspects to monitor and promote, not the least of which will be to monitor the quality of food that will be needed to enhance the health of the nation. This must be underscored by improvements in the food service sector, which remains an enigma.
Two days ago, the American people voted for unity to begin. We are the responsible Opposition that will continue to bring forward challenges through promoting greater improvements. The responsible Opposition recognise the moment in our constitution where the law is made and is upheld by the judges. Yesterday, the nation remembered the sacrifices of the past. I pay tribute to Rabbi Lord Jonathan Sacks, whose “Thought for the Day” was a key moment for me at the start of every day, unless I was already in the milking parlour.
With this Bill, food will be produced in a more sustainable way, working with the grain of nature, respecting biodiversity, protecting the environment and recognising animal welfare. Farmers can continue to receive the support they deserve for their expertise. There will be no need to press our amendment. We will work together, with the Government and the countryside, to bring all this to fruition.