Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 15 November 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Agriculture Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [23 October 2018].

 

 


 

Deidre Brock

 

67

 

Clause  26,  page  20,  line  36,   at end insert—

 

“( )    

Regulations under this section containing provision that extends to Scotland may

 

be made only with the consent of the Scottish Ministers.”

 

Member’s explanatory statement

 

This amendment would require that the power to make regulations extending to Scotland can only

 

be exercised with the consent of Scottish Ministers.

 

Dr David Drew

 

Sue Hayman

 

Jenny Chapman

 

Sandy Martin

 

Thangam Debbonaire

 

119

 

Clause  26,  page  20,  line  36,  at end insert—

 

“(1A)    

Regulations under this section containing provisions extending to Scotland,

 

Wales or Northern Ireland that would ordinarily be within the competence of

 

Scottish or Welsh Ministers or the Department of Agriculture, Environment and

 

Rural Affairs in Northern Ireland and exercised by Scottish or Welsh Ministers or

 

the Department of Agriculture, Environment and Rural Affairs in Northern

 

Ireland may be made only with the consent of Scottish or Welsh Ministers or the

 

Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

 

as appropriate.


 
 

Public Bill Committee: 15 November 2018                  

2

 

Agriculture Bill, continued

 
 

(1B)    

This paragraph does not apply to regulations made by the Secretary of State

 

under—

 

(a)    

section 35 or 58 of the Scotland Act 1998 (as amended),

 

(b)    

section 82 or 114 of the Government of Wales Act 2006 (as amended), or

 

(c)    

section 25 or 26 of the Northern Ireland Act 1998 (as amended).”

 

Member’s explanatory statement

 

In order to preserve the principle that agriculture is a devolved matter, this amendment would

 

ensure that the Secretary of State may only make regulations to secure compliance by the UK with

 

the WTO Agreement on Agriculture with the consent of Scottish or Welsh Ministers or the

 

Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

 

Deidre Brock

 

68

 

Clause  26,  page  20,  line  44,   leave out from “support” to end of line 2 on page 21

 

Member’s explanatory statement

 

This amendment would remove the role of the Secretary of State as final arbiter in dispute

 

resolution.

 

Dr David Drew

 

Sue Hayman

 

Jenny Chapman

 

Sandy Martin

 

Thangam Debbonaire

 

120

 

Clause  26,  page  21,  line  15,  leave out paragraph (b)

 

Dr David Drew

 

Sue Hayman

 

Jenny Chapman

 

Sandy Martin

 

Thangam Debbonaire

 

121

 

Clause  26,  page  21,  line  25,  after subsection (5) insert—

 

“(5A)    

In setting limits for domestic support, the Secretary of State must not set limits

 

for different classes of domestic support in relation to Scotland, Wales or

 

Northern Ireland.”

 

Member’s explanatory statement

 

In order to preserve the principle that agriculture is a devolved matter, these amendments would

 

ensure that the Secretary of State may not make regulations setting limits for different classes of

 

domestic support in Scotland, Wales or Northern Ireland.

 

Deidre Brock

 

69

 

Clause  26,  page  21,  line  26,   leave out subsection (6)

 

Member’s explanatory statement

 

This amendment would remove the requirement to provide information to the Secretary of State.

 

Tonia Antoniazzi

 

Martin Whitfield

 

Ben Lake

 

96

 

Clause  26,  page  22,  line  2,   at end insert—

 

“(8A)    

For the avoidance of doubt, nothing in this clause shall affect the devolution of

 

any power under—


 
 

Public Bill Committee: 15 November 2018                  

3

 

Agriculture Bill, continued

 
 

(a)    

the Wales Act 1998, the Wales Act 2014 or the Wales Act 2017,

 

(b)    

the Scotland Act 1998 or the Scotland Act 2016, or

 

(c)    

the Northern Ireland Act 1998.”

 


 

Mr Philip Dunne

 

Colin Clark

 

Chris Davies

 

90

 

Schedule  3,  page  30,  line  17,  at end insert—

 

“(2A)    

Financial assistance under subparagraphs (1) and (2) may only be given to—

 

(a)    

persons who are involved in the production of products deriving from an

 

agricultural or horticultural or forestry activity, (including recognised

 

producers organisations, associations of recognised producer

 

organisations and recognised interbranch organisations as established in

 

part 6 or as recognised under the CMO Regulation at the date of

 

enactment of this Act); or

 

(b)    

those with an interest in agricultural land, where the financial assistance

 

relates directly to that land.”

 

George Eustice

 

19

 

Schedule  3,  page  33,  line  21,  at end insert “(unless section 29(4A) applies)”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 2

 

George Eustice

 

20

 

Schedule  3,  page  33,  line  21 ,  at end insert—

 

“6A(1)  

The Welsh Ministers may by regulations make provision for and in connection

 

with reducing the national and net direct payments ceilings for Wales that

 

would otherwise apply in 2020 by up to 15%.

 

      (2)  

For this purpose—

 

the “national direct payments ceiling for Wales” is the sum representing

 

the share allocated to Wales of the amount specified for the United

 

Kingdom in Annex II of the Direct Payments Regulation (table of

 

national ceilings);

 

the “net direct payments ceiling for Wales” is the sum representing the

 

share allocated to Wales of the amount specified for the United

 

Kingdom in Annex III of the Direct Payments Regulation (table of net

 

ceilings).

 

      (3)  

Regulations under this paragraph cannot be made after the end of 2020.

 

      (4)  

Regulations under this paragraph are subject to affirmative resolution

 

procedure.”

 

Member’s explanatory statement

 

This amendment makes the same provision for Wales as that made by NC2 for England.


 
 

Public Bill Committee: 15 November 2018                  

4

 

Agriculture Bill, continued

 
 

George Eustice

 

21

 

Schedule  3,  page  33,  line  21 ,  at end insert—

 

“6B(1)  

The Welsh Ministers may by regulations modify legislation governing the

 

basic payment scheme to make provision for and in connection with securing

 

that the basic payment scheme continues to operate in relation to Wales for one

 

or more years beyond 2020 (subject to any provision made under paragraph 7).

 

      (2)  

The power conferred by sub-paragraph (1) includes power to provide for the

 

direct payments ceiling for Wales for any relevant year to be determined, in a

 

specified manner, by the Welsh Ministers.

 

      (3)  

Provision made by virtue of sub-paragraph (2)—

 

(a)    

must require a determination in respect of a relevant year to be

 

published as soon as practicable after it has been made, and

 

(b)    

may confer functions on any person in connection with, or with the

 

making of, a determination in respect of a relevant year.

 

      (4)  

In this paragraph—

 

“the direct payments ceiling for Wales” is the national ceiling of the kind

 

referred to in Article 6 of the Direct Payments Regulation that is

 

applicable in relation to Wales for any relevant year;

 

“relevant year” means a year within the agricultural transition period for

 

Wales in respect of which direct payments under the basic payment

 

scheme fall to be made in relation to Wales;

 

“specified” means specified in regulations under this paragraph.

 

      (5)  

Regulations under this paragraph are subject to affirmative resolution

 

procedure.”

 

Member’s explanatory statement

 

This amendment makes the same provision for Wales as that made by NC3 for England.

 

George Eustice

 

92

 

Schedule  3,  page  33,  line  28,  leave out paragraph (b) and insert—

 

“(b)    

making delinked payments in relation to Wales with respect to the whole

 

or part of that period (in place of direct payments under the basic payment

 

scheme in relation to Wales).”

 

Member’s explanatory statement

 

This amendment makes the same provision for Wales as that made by Amendment 91 for England.

 

George Eustice

 

110

 

Schedule  3,  page  34,  line  29,  leave out first “above” and insert “(whether before or

 

after the start of the agricultural transition period for Wales)”

 

Member’s explanatory statement

 

This amendment brings the text of paragraph 7(8) of Schedule 3 into line with that for the

 

equivalent provision in relation to England.

 

George Eustice

 

22

 

Schedule  3,  page  35,  line  22,  at end insert “(unless section 29(4A) applies)”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 2


 
 

Public Bill Committee: 15 November 2018                  

5

 

Agriculture Bill, continued

 
 

George Eustice

 

23

 

Schedule  3,  page  36,  line  14,  at end insert “(unless section 29(4A) applies)”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 2

 

George Eustice

 

24

 

Schedule  3,  page  40,  line  32,  leave out “may”

 

Member’s explanatory statement

 

This amendment makes clear that paragraph 16(2) of Schedule 3 is intended to set out the only

 

circumstances in which the Welsh Ministers may make a declaration stating that there are

 

exceptional market conditions. The amendment brings the provision for Wales into line with that

 

for England.

 

George Eustice

 

25

 

Schedule  3,  page  41,  line  5,  leave out “decisions” and insert “conditions”

 

Member’s explanatory statement

 

This amendment corrects the same error as that corrected by Amendment 6.

 

George Eustice

 

26

 

Schedule  3,  page  42,  line  31,  at end insert “(unless section 29(4A) applies)”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 2

 

George Eustice

 

27

 

Schedule  3,  page  44,  line  33,  at end insert “(unless section 29(4A) applies)”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 2

 


 

George Eustice

 

28

 

Schedule  4,  page  44,  line  39 ,  leave out “paragraph 2” and insert “paragraphs 2 to

 

2C”

 

Member’s explanatory statement

 

This amendment is consequential on Amendments 36 to 38 which insert three new paragraphs into

 

Part 1 of Schedule 4. The amendment provides that expressions explained or defined in paragraph

 

1 also apply in relation to those new paragraphs.

 

George Eustice

 

29

 

Schedule  4,  page  45,  line  5 ,  leave out paragraph (a) and insert—

 

“(a)    

a basic payment for farmers (see Chapter 1 of Title III),”

 

Member’s explanatory statement

 

This amendment and Amendment 30 make clear that references in paragraphs 2 to 2B of Schedule

 

4 to the “basic payment scheme” include arrangements (if any) for direct payments to include a

 

voluntary redistributive payment or payment for areas with natural constraints. Neither of these

 

payments is currently made in Northern Ireland, but the amendments mean that if they are made


 
 

Public Bill Committee: 15 November 2018                  

6

 

Agriculture Bill, continued

 
 

in future years, the power to make provision for the purpose of simplifying or improving the

 

operation of the basic payment scheme could include provision about these payments.

 

George Eustice

 

30

 

Schedule  4,  page  45,  line  8 ,  at end insert—

 

“( )    

if a decision to make such payments is taken, a redistributive payment

 

(see Chapter 2 of Title III), and

 

( )    

if provision under paragraph 2(1)(b) is made, a payment for areas with

 

natural constraints.”

 

Member’s explanatory statement

 

See the Explanatory Statement for Amendment 29.

 

George Eustice

 

31

 

Schedule  4,  page  45,  line  8 ,  at end insert—

 

    “( )  

The “coupled support scheme” is the voluntary coupled support scheme under

 

the Direct Payments Regulation as the Regulation applies in relation to

 

Northern Ireland (see Chapter 1 of Title IV of the Regulation).”

 

Member’s explanatory statement

 

This amendment defines “coupled support scheme” which is the subject of Amendment 38.

 

George Eustice

 

32

 

Schedule  4,  page  45,  line  18 ,  at end insert—

 

    “( )  

The “legislation governing the coupled support scheme” is—

 

(a)    

the following retained direct EU legislation—

 

(i)    

the Direct Payments Regulation so far as relating to the

 

coupled support scheme,

 

(ii)    

any Council Delegated Regulation, or Commission Delegated

 

Regulation, made under the Direct Payments Regulation and

 

so far as relating to the coupled support scheme,

 

(iii)    

any other retained direct EU legislation which relates to the

 

coupled support scheme, and

 

(b)    

any subordinate legislation relating to retained direct EU legislation

 

falling within paragraph (a).”

 

Member’s explanatory statement

 

This amendment defines “legislation governing the coupled support scheme” which is the subject

 

of Amendment 38.

 

George Eustice

 

33

 

Schedule  4,  page  45,  line  19,  leave out sub-paragraph (4)

 

Member’s explanatory statement

 

This amendment removes the definition of “direct payment” because it is not needed: the only

 

references to direct payments in paragraphs 2 to 2B refer to them as being payments under the

 

basic payment scheme.

 

George Eustice

 

34

 

Schedule  4,  page  45,  line  32,  leave out “II” and insert “III”

 

Member’s explanatory statement

 

This amendment corrects a cross reference to the Direct Payments Regulation.


 
 

Public Bill Committee: 15 November 2018                  

7

 

Agriculture Bill, continued

 
 

George Eustice

 

35

 

Schedule  4,  page  45,  line  40,  at end insert “;

 

(b)    

ensuring all payment entitlements, or all payment entitlements within

 

a region, have, or over a period of time reach or move towards, a

 

uniform unit value.

 

         

In paragraph (b) the reference to “payment entitlements” has the same meaning

 

as in the legislation governing the basic payment scheme.”

 

Member’s explanatory statement

 

This amendment makes clear that changes to the basic payment scheme made in order to improve

 

or simplify the scheme can include making changes that will continue the taking of steps towards

 

reaching a flat rate of payment.

 

George Eustice

 

36

 

Schedule  4,  page  45,  line  42 ,  at end insert—

 

“2A(1)  

DAERA may by regulations make provision for and in connection with

 

reducing the national and net direct payments ceilings for Northern Ireland that

 

would otherwise apply in 2020 by up to 15%.

 

      (2)  

For this purpose—

 

the “national direct payments ceiling for Northern Ireland” is the sum

 

representing the share allocated to Northern Ireland of the amount

 

specified for the United Kingdom in Annex II of the Direct Payments

 

Regulation (table of national ceilings);

 

the “net direct payments ceiling for Northern Ireland” is the sum

 

representing the share allocated to Northern Ireland of the amount

 

specified for the United Kingdom in Annex III of the Direct Payments

 

Regulation (table of net ceilings).

 

      (3)  

Regulations under this paragraph cannot be made after the end of 2020.

 

      (4)  

Regulations under this paragraph are subject to affirmative resolution

 

procedure.”

 

Member’s explanatory statement

 

The new paragraph 2A inserted by this amendment makes the equivalent provision for Northern

 

Ireland as that made by NC2 for England.

 

George Eustice

 

37

 

Schedule  4,  page  45,  line  42 ,  at end insert—

 

“2B(1)  

DAERA may by regulations modify legislation governing the basic payment

 

scheme to make provision for and in connection with securing that the basic

 

payment scheme continues to operate in relation to Northern Ireland for one or

 

more years beyond 2020.

 

      (2)  

The power conferred by sub-paragraph (1) includes power to provide for the

 

direct payments ceiling for Northern Ireland for any relevant year to be

 

determined, in a specified manner, by DAERA.

 

      (3)  

Provision made by virtue of sub-paragraph (2)—

 

(a)    

must require a determination in respect of a relevant year to be

 

published as soon as practicable after it has been made, and

 

(b)    

may confer functions on any person in connection with, or with the

 

making of, a determination in respect of a relevant year.

 

      (4)  

In this paragraph—


 
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Revised 14 November 2018