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Notices of Amendments: 12 December 2018                  

8

 

Agriculture Bill, continued

 
 

(b)    

a reduction in the toxic load placed upon the environment in England as

 

a result of the use of pesticides in the management of livestock or land or

 

water.

 

(3)    

The Secretary of State shall, when measuring pesticide use for the purpose of

 

subsection (2)(a), measure (among other things)—

 

(a)    

the frequency of use of any pesticide, and

 

(b)    

the extent of any area treated with a pesticide.

 

(4)    

The Secretary of State shall, when measuring for the purpose of subsection (2)(b)

 

the toxic load placed upon the environment, measure (among other things)—

 

(a)    

any impact upon the environment which is wholly or partly attributable

 

to the use of a pesticide in the management of livestock or land or water,

 

and

 

(b)    

any impact upon human or animal health which is wholly or partly

 

attributable to the use of a pesticide in the management of livestock or

 

land or water.

 

(5)    

For the purposes of this section—

 

“integrated pest management practices” include any practice for managing

 

the growth and health of crops which relies wholly or significantly on

 

ecological pest control mechanisms and which uses a pesticide or

 

pesticides only when economically and ecologically justified

 

“toxic load placed upon the environment” shall mean any harmful impact

 

upon the environment or human or animal health which is wholly or

 

partly attributable to the use of a pesticide.”

 


 

Neil Parish

 

NC12

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Agricultural products: negotiating mandate for relevant international trade

 

agreements

 

(1)    

The Secretary of State shall not open negotiations on any element of a proposed

 

international trade agreement which concerns trade in agricultural products

 

unless each of the conditions in this section have been satisfied in respect of that

 

agreement.

 

(2)    

The first condition is that a Minister of the Crown shall have laid before

 

Parliament a draft of a negotiating mandate relating to the proposed trade

 

agreement, setting out—

 

(a)    

the principles to underpin the proposed negotiations, and

 

(b)    

the desired outcomes from the proposed negotiations.

 

(3)    

The principles under subsection (2)(a) shall include, but are not limited to, the

 

steps which the Government intends to take in order to seek to ensure that no

 

agricultural product may be imported into the UK under the agreement unless the

 

standards to which any such product is produced are at least as high as standards

 

specified by primary or subordinate legislation in the United Kingdom relating

 

to—

 

(a)    

the health and welfare of livestock,

 

(b)    

protection of the environment, and

 

(c)    

supply and sale of food or drink which is provided for consumers by an

 

agri-food supply chain,


 
 

Notices of Amendments: 12 December 2018                  

9

 

Agriculture Bill, continued

 
 

(4)    

The second condition is that the House of Commons has approved by resolution

 

a motion—

 

(a)    

setting out a proposed negotiating mandate for any part of the proposed

 

trade agreement which concerns trade in agricultural products, and

 

(b)    

authorising the Secretary of State to enter negotiations on that part or

 

those parts of the proposed trade agreement on the basis of that mandate.

 

(5)    

The third condition is that the House of Lords has debated the proposed

 

agreement.

 

(6)    

A motion under subsection (4) shall be drafted in terms which permit amendment.

 

(7)    

For the purposes of this section, “agricultural product” shall mean any product

 

which falls within an agricultural sector listed in Part 2 of Schedule 1.

 


 

Neil Parish

 

NC13

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Agricultural products: Parliamentary approval of relevant parts of

 

international trade agreements

 

(1)    

The United Kingdom may not become a signatory to any international trade

 

agreement of which an element concerns trade in agricultural products unless—

 

(a)    

upon conclusion of the negotiations, the text of any element which

 

concerns trade in agricultural products has been laid before Parliament,

 

(b)    

the House of Commons has approved by resolution a motion moved by a

 

Minister of the Crown which approves the text of any element which

 

concerns trade in agricultural products, and

 

(c)    

the House of Lords has debated a motion in the same terms as that

 

approved by the House of Commons.

 

(2)    

A motion under subsection (1)(b) shall be framed in terms which permit

 

amendment.

 

(3)    

For the purposes of this section, “agricultural product” shall mean any product

 

which falls within an agricultural sector listed in Part 2 of Schedule 1.

 

 


 

Caroline Lucas

 

Dr Sarah Wollaston

 

11

 

Clause  1,  page  2,  line  1,  leave out “supporting” and insert “enhancing”

 

Member’s explanatory statement

 

This amendment would have the effect of ensuring that financial assistance could be provided to

 

improve the accessibility of existing public rights of way. It would also ensure that financial

 

assistance could be provided for the creation of new public access opportunities where these are

 

most needed.


 
 

Notices of Amendments: 12 December 2018                  

10

 

Agriculture Bill, continued

 
 

Neil Parish

 

Sir Hugo Swire

 

5

 

Clause  1,  page  2,  line  3,  after “enhances” insert “landscape quality,”

 

Member’s explanatory statement

 

This amendment would ensure that the mechanics of the bill are aligned with the delivery of the 25

 

Year Environment Plan with regard to landscape enhancement. Without this amendment, cultural

 

and/or natural heritage enhancement could be delivered out of context, reducing the beauty of

 

landscapes.

 

Kerry McCarthy

 

Zac Goldsmith

 

Caroline Lucas

 

Darren Jones

 

Dr Sarah Wollaston

 

1

 

Clause  1,  page  2,  line  8,  at end insert—

 

“(h)    

establishing and maintaining whole farm agroecological systems.”

 

Angela Smith

 

9

 

Clause  1,  page  2,  line  8,  at end insert—

 

“(h)    

supporting rural development.”

 

Member’s explanatory statement

 

This amendment would provide the Secretary of State with the ability to make payments for

 

measures which are currently funded via the Rural Development Programme.

 

Helen Goodman

 

Sir Nicholas Soames

 

Tim Farron

 

Richard Benyon

 

Ruth George

 

Simon Hart

Sir Patrick McLoughlin

 

29

 

Clause  1,  page  2,  line  8,  at end insert—

 

“(h)    

supporting upland landscapes and communities.”

 

Member’s explanatory statement

 

This amendment would provide the Secretary of State with the power to give financial assistance

 

for the purpose of supporting upland landscapes and communities in England.

 

Neil Parish

 

Sir Hugo Swire

 

4

 

Clause  1,  page  2,  line  10,  after first “of” insert “encouraging food production, or”

 

Angela Smith

 

10

 

Clause  1,  page  2,  line  11,  at end insert—

 

“(2A)    

The Secretary of State shall, within six months of this Act being given Royal

 

Assent, lay before Parliament a statement setting out his or her planned

 

expenditure under subsection (2) for—

 

(a)    

financial year 2019-20, and


 
 

Notices of Amendments: 12 December 2018                  

11

 

Agriculture Bill, continued

 
 

(b)    

financial year 2020-21.”

 

Member’s explanatory statement

 

This amendment would ensure that the Secretary of State details how much expenditure is planned

 

for managed change and to improve farm productivity growth before the beginning of the

 

agricultural transition period during which cuts to the Basic Payment Scheme will occur.

 

Kerry McCarthy

 

Zac Goldsmith

 

Caroline Lucas

 

Darren Jones

 

2

 

Clause  1,  page  2,  line  23,  at end insert—

 

““whole farm agroecological systems” include any whole enterprise system

 

for farming or land management which is designed to produce food and/

 

or fuel while delivering environmental and social benefits, and may

 

include organic farming.”

 


 

Angela Smith

 

28

 

Clause  2,  page  2,  line  29,  at end insert—

 

“(2A)    

The conditions will include obligations to meet any regulatory standards

 

specified by the Secretary of State relating to environmental and land

 

management practices.”

 

Member’s explanatory statement

 

This amendment would enshrine the Government’s commitment to a strong regulatory baseline in

 

the legislation. It would ensure that compliance with existing legislation and regulations is a

 

condition of receiving financial assistance, including compliance with landowner or occupier

 

obligations for public rights of way under the Highways Act 1980.

 

Caroline Lucas

 

30

 

Clause  2,  page  2,  line  32,  at end insert—

 

“(3A)    

The conditions shall include a requirement that financial assistance may only be

 

given for a purpose under section 1(1) or 1(2) if the land on which any activity is

 

to be undertaken in pursuance of that purpose, and for which the financial

 

assistance is sought, is registered with Her Majesty’s Land Registry.”

 

Member’s explanatory statement

 

This amendment would improve land ownership transparency in England by placing a

 

requirement on all those seeking financial assistance under Clauses 1(1) and 1(2) to have

 

registered that land with Her Majesty’s Land Registry.

 

Gareth Thomas

 

32

 

Parliamentary Star    

Clause  2,  page  2,  line  35,  at end insert—

 

“(4A)    

Financial assistance may only be given for or in connection with a purpose under

 

section 1(2) if the owner of the relevant land takes the action described in

 

subsection (4B).

 

(4B)    

The action is that the owner of the relevant land permits any person to exercise a

 

right of access to any inland waterway or lake which forms part of that land for

 

the purposes of open-air recreation, if and so long as the person—

 

(a)    

exercises that right of access responsibly, and


 
 

Notices of Amendments: 12 December 2018                  

12

 

Agriculture Bill, continued

 
 

(b)    

observes any restrictions which are imposed in—

 

(i)    

section 2 of,

 

(ii)    

Schedule 2 to, or

 

(iii)    

Chapter II of

 

    

the Countryside and Rights of Way Act 2000.

 

(4C)    

A person does not exercise a right of access responsibly if their conduct while

 

exercising that right is not in accord with the provisions of any code of conduct

 

issued under section 20 of the Countryside and Rights of Way Act 2000.

 

(4D)    

For the purposes of subsections (4A) and (4B), “relevant land” means land which

 

includes the land on which the activity under section 1(2) of this Act takes place

 

or is to take place, or land which includes the premises on which the activity under

 

section 1(2) of this Act takes place or is to take place, and includes any inland

 

waterway or lake.”

 

Angela Smith

 

13

 

Clause  2,  page  2,  line  40,  at end insert—

 

“(6A)    

The Secretary of State may not delegate any function in relation to the exercising

 

of a discretion other than to a non-governmental departmental body which is

 

authorised to operate throughout England and which, in the opinion of the

 

Secretary of State, has the necessary expertise.”

 

Member’s explanatory statement

 

This amendment would ensure that all financial assistance is provided directly to individual

 

businesses by national government or their agencies, rather than through organisations with

 

limited geographic coverage or expertise which could lead to inconsistency of approach,

 

increased administration costs and lack of transparency. It would not prevent these organisations

 

being involved in setting of local priorities or the development of collaborative landscape scale

 

projects.

 


 

Neil Parish

 

Sir Hugo Swire

 

6

 

Clause  4,  page  4,  line  14,  at end insert—

 

“(d)    

a payment to farmers in return for enhanced food production.”

 

Member’s explanatory statement

 

This amendment would ensure that farmers are entitled to a new basic payment scheme, which

 

would encourage greater food production.

 


 

Angela Smith

 

8

 

Clause  9,  page  6,  line  29,  at end insert—

 

“(2A)    

If any reduction in direct payments under the basic payment scheme is made

 

during the agricultural transition period, a sum equivalent to the amount of any

 

reduction in those payments must be made available for the purpose of giving

 

financial assistance under section 1(1) or 1(2) of this Act.


 
 

Notices of Amendments: 12 December 2018                  

13

 

Agriculture Bill, continued

 
 

(2B)    

When phasing out direct payments under this section, the Secretary of State shall

 

have regard to the extent to which the power to give financial assistance under

 

section 1 has been exercised.”

 

Member’s explanatory statement

 

This amendment would ensure that any cuts to the Basic Payment Scheme as part of the

 

agricultural transition period fund improvements in productivity measures for the agricultural

 

industry alongside payments for public goods. It would also ensure that the Secretary of State is

 

taking into account the availability of new schemes when reducing direct payments.

 

Neil Parish

 

Sir Hugo Swire

 

7

 

Clause  9,  page  7,  line  24,  at end insert—

 

“(8A)    

The Secretary of State may, after having taken steps to phase out direct payments

 

under the basic payment scheme, reinstitute direct payments if he or she is

 

satisfied that—

 

(a)    

to do so would be in the interests of those persons who formerly received

 

direct payments, and

 

(b)    

any of the criteria under subsection (8B) are met.

 

(8B)    

The criteria for the purposes of subsection (8A) are—

 

(a)    

market failure,

 

(b)    

adverse weather conditions, and

 

(c)    

threat of disease to crops or livestock or to human health.”

 


 

Deidre Brock

 

14

 

Clause  24,  page  17,  line  40,  leave out “to the Secretary of State”

 

Deidre Brock

 

15

 

Clause  24,  page  18,  line  12,  leave out “to the Secretary of State”

 

Deidre Brock

 

16

 

Clause  24,  page  18,  line  20,  leave out “to the Secretary of State”

 

Deidre Brock

 

17

 

Clause  24,  page  18,  line  38,  at end insert—

 

“(6A)    

An application under subsection (1), (3) or (5) is to be made to and determined

 

by—

 

(a)    

the appropriate authority for the part of the United Kingdom in which the

 

applicant has its registered office or principal place of business, or

 

(b)    

where the applicant is made up of producers, producer organisations or,

 

as the case may be, businesses operating in more than one part of the

 

United Kingdom, the appropriate authority for any of those parts.”


 
 

Notices of Amendments: 12 December 2018                  

14

 

Agriculture Bill, continued

 
 

Deidre Brock

 

18

 

Clause  24,  page  18,  line  45,  leave out “The Secretary of State” and insert “The

 

appropriate authority to which an application is made under this section”

 

Deidre Brock

 

19

 

Clause  24,  page  19,  line  11,  at end insert—

 

““appropriate authority” means—

 

(a)    

in relation to England, Wales or Northern Ireland, the Secretary

 

of State,

 

(b)    

in relation to Scotland, the Scottish Ministers;”

 


 

Deidre Brock

 

20

 

Clause  25,  page  19,  line  36,  leave out “the Secretary of State” and insert “an

 

appropriate authority (within the meaning given in section 24(11))”

 


 

Deidre Brock

 

21

 

Clause  26,  page  20,  line  3,  leave out “the Secretary of State” and insert “an

 

appropriate authority (within the meaning given in section 24(11))”

 

Deidre Brock

 

22

 

Clause  26,  page  20,  line  14,  at end insert—

 

“(2A)    

Regulations under section 24 or 25 containing provision that extends to Scotland

 

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

 


 

Deidre Brock

 

23

 

Clause  27,  page  20,  line  33,  at end insert—

 

“(1A)    

Regulations under this section containing provision that extends to Scotland may

 

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

 

Deidre Brock

 

24

 

Clause  27,  page  21,  line  34,  at end insert—

 

“(9A)    

Before making regulations under this section, the Secretary of State must consult

 

persons—

 

(a)    

who are representative of—

 

(i)    

producers of, or

 

(ii)    

first purchasers of,


 
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Revised 12 December 2018