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House of Commons

Wednesday 13 May 2020

Consideration of Bill (Report Stage)

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Agriculture Bill, As Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

Simon Hoare

Anne Marie Morris

Dr Neil Hudson

Peter Aldous

Kerry McCarthy

Stephen Farry

Julian Sturdy

Ben Lake

Fiona Bruce

Caroline Lucas

Mr Barry Sheerman

Sir Edward Leigh

Jonathan Edwards

Hywel Williams

Liz Saville Roberts

Tim Farron

NC1

To move the following Clause—

“Import of agricultural goods after IP completion day

(1)    

After IP completion day, agricultural goods imported under a free trade

agreement may be imported into the UK only if the standards to which those

goods were produced were as high as, or higher than, standards which at the time

of import applied under UK law relating to—

(a)    

animal welfare,

(b)    

protection of the environment,

(c)    

food safety, hygiene and traceability, and

(d)    

plant health.

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

(2)    

The Secretary of State must prepare a register of UK production standards, to be

updated annually, to which goods imported under subsection (1) would have to

adhere.

(3)    

“Agricultural goods” for the purposes of this section, mean—

(a)    

any livestock within the meaning of section 1(5),

(b)    

any plants or seeds, within the meaning of section 22(6),

(c)    

any product derived from livestock, plants or seeds.

(4)    

“IP completion day” has the meaning given in section 39 of the European Union

(Withdrawal Agreement) Act 2020.”

Neil Parish

Mary Glindon

Mrs Sheryll Murray

Rosie Duffield

Julian Sturdy

Geraint Davies

Dr Neil Hudson

Caroline Lucas

Mr Barry Sheerman

Sir Edward Leigh

Mr Philip Hollobone

Sir Gary Streeter

David Warburton

Simon Hoare

Derek Thomas

Mr Ian Liddell-Grainger

David Simmonds

Fiona Bruce

Jonathan Edwards

Hywel Williams

Liz Saville Roberts

Ben Lake

Tim Farron

NC2

To move the following Clause—

“International trade agreements: agricultural and food products

(1)    

A Minister of the Crown may not lay a copy of an international trade agreement

before Parliament under section 20(1) of the Constitutional Reform and

Governance Act 2010 that contains provisions relating to the importation of

agricultural and food products into the UK unless they have first made a statement

confirming that—

(a)    

the agreement contains an affirmation of the United Kingdom’s rights

and obligations under the World Trade Organisation Sanitary and

Phytosanitary Agreement, and

(b)    

any agricultural or food product imported into the UK under the

agreement will have been produced or processed according to standards

which are equivalent to, or which exceed, the relevant domestic standards

and regulations in relation to—

(i)    

animal health and welfare,

(ii)    

plant health, and

(iii)    

environmental protection.

(2)    

A statement under subsection (1) shall be laid before each House of Parliament.

(3)    

Before the first statement under subsection (1) may be made, the Secretary of

State must by regulations specify—

(a)    

the process by which the Secretary of State will determine—

(i)    

that the standards to which any agricultural or food product

imported into the UK under a trade agreement is produced or

processed are equivalent to, or exceed, the relevant domestic

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

standards and regulations in relation to animal health and

welfare, plant health and environmental protection, and

(ii)    

that the enforcement of standards in relation to any product under

sub-paragraph (3)(a)(i) is at least as effective as the enforcement

of the equivalent domestic standards and regulations in the UK;

(b)    

the “relevant domestic standards and regulations” for the purposes of

subsections (1)(b) and (3)(a)(i).

(4)    

The Secretary of State may make regulations amending any regulations made

under subsection (3).

(5)    

Regulations under subsection (3) or (4) shall be made under the affirmative

procedure.

(6)    

In this section—

“international trade agreement” means—

(a)    

an agreement that is or was notifiable under—

(i)    

paragraph 7(a) of Article XXIV of the General

Agreement on Tariffs and Trade, part of Annex 1A to the

WTO Agreement (as modified from time to time), or

(ii)    

paragraph 7(a) of Article V of the General Agreement on

Trade in Services, part of Annex 1B to the WTO

Agreement (as modified from time to time), or

(b)    

an international agreement that mainly relates to trade, other than

an agreement mentioned in sub-paragraph (i) or (ii);

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975;

“World Trade Organisation Sanitary and Phytosanitary Agreement” means

the agreement on the Application of Sanitary and Phytosanitary

Measures, part of Annex 1A to the WTO Agreement (as modified from

time to time);

“WTO Agreement” means the agreement establishing the World Trade

Organisation signed at Marrakesh on 15 April 1994.”

Sir Edward Leigh

NC3

To move the following Clause—

“Groceries Code Adjudicator

The Adjudicator established by the Groceries Code Adjudicator Act 2013 shall

be responsible for ensuring compliance with Part 3 of this Act.”

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

Mark Garnier

Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Liz Saville Roberts

Ben Lake

NC4

To move the following Clause—

“Agriculture: duty to promote exports

(1)    

The Secretary of State must take steps to increase opportunities for any person

carrying on agriculture to export an agricultural product.

(2)    

Steps under subsection (1) may include measures to seek to secure the lifting of

any—

(a)    

ban on export of an agricultural product,

(b)    

tariff or other form of barrier to trade,

(c)    

excessive regulation, or

(d)    

controls at national borders, local content rules or other barrier to entry

for an agricultural product.

(3)    

The Secretary of State must, no later than twelve months after Royal Assent has

been given to this Act, lay before each House of Parliament a report setting out

measures taken under subsection (2) and the impact of such measures.

(4)    

The Secretary of State must within twelve months of laying a report under

subsection (3), and once every calendar year thereafter, lay a report setting out

measures taken under subsection (2), and the impact of such measures, in the

period since the previous such report was laid.

(5)    

In this section—

“agricultural product” shall mean anything produced in the course of

carrying on agriculture, and

“agriculture” shall have the meaning given in section 22(6) of this Act.”

Caroline Lucas

NC5

To move the following Clause—

“Application of pesticides: limitation on use to protect human health

(1)    

The Secretary of State shall by regulations make provision for prohibiting the

application of any pesticide for the purpose of agriculture near—

(a)    

any building used for habitation,

(b)    

any building or open space used for work or recreation, or

(c)    

any public or private building where members of the public may be

present including, but not limited to, schools, nurseries, and hospitals.

(2)    

Regulations under this section may specify a minimum distance to be maintained

during the application of any pesticide between the place of application and any

place under subsection (1)(a) to (c).

(3)    

For the purposes of this section—

“agriculture” has the meaning given in section 15(6), and

“public building” includes any building used for the purposes of education.

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

(4)    

Regulations under this section are subject to affirmative resolution procedure.”

Member’s explanatory statement

This new clause would have the effect of protecting members of the public from hazardous health

impacts arising from the application of chemical pesticides near buildings and spaces used by the

public.

Keir Starmer

Luke Pollard

Daniel Zeichner

Emily Thornberry

Mary Glindon

NC6

To move the following Clause—

“Import of agricultural goods after IP completion day (No. 2)

(1)    

After IP completion day, agricultural goods imported under a free trade

agreement may be imported into the UK only if the standards to which those

goods were produced were as high as, or higher than, standards which at the time

of import applied under UK law relating to—

(a)    

animal health and welfare,

(b)    

protection of the environment,

(c)    

food safety, hygiene and traceability, and

(d)    

plant health.

(2)    

The Secretary of State must prepare a register of standards under UK law relating

to—

(a)    

animal health and welfare,

(b)    

protection of the environment,

(c)    

food safety, hygiene and traceability, and

(d)    

plant health

which must be met in the course of production of any imported agricultural

goods.

(3)    

A register under subsection (2) must be updated within seven days of any

amendment to any standard listed in the register.

(4)    

“Agricultural goods”, for the purposes of this section, means anything produced

by a producer operating in one or more agricultural sectors listed in Schedule 1.

(5)    

“IP completion day” has the meaning given in section 39 of the European Union

(Withdrawal Agreement) Act 2020.”

Member’s explanatory statement

This new clause would set a requirement for imported agricultural goods to meet animal health

and welfare, environmental, plant health, food safety and other standards which are at least as

high as those which apply to UK produced agricultural goods.

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

Keir Starmer

Luke Pollard

Daniel Zeichner

Emily Thornberry

Mary Glindon

Caroline Lucas

NC7

To move the following Clause—

“Coronavirus emergency food plan

(1)    

The Secretary of State must, within six months of Royal Assent being given to

this Act, prepare and lay before Parliament a document (a “coronavirus

emergency food plan”) setting out measures to address the impact of coronavirus

and coronavirus disease, and action taken in response, upon the supply of food.

(2)    

The coronavirus emergency food plan must assess and address—

(a)    

the matters listed in section 17(2);

(b)    

the following matters—

(i)    

the incidence of hunger, malnutrition and food poverty measured

(a) nationally and (b) by local authority area;

(ii)    

the level of demand for emergency food aid and the adequacy of

services to meet that demand;

(iii)    

the availability, distribution and affordability of nutritious and

healthy food;

(iv)    

the ease of access to nutritious and healthy food across different

socio-economic groups and communities;

(v)    

the functioning of the food supply chain, including stock levels

of individual food items and any cross-border issues impacting

upon the import and export of food; and

(vi)    

the level of any financial assistance provided by a public

authority to farmers, growers and the fishing and fish processing

sectors as a result of coronavirus or coronavirus disease.

(3)    

The plan may take account of information provided in response to a requirement

under section 25 of the Coronavirus Act 2020 (power to require information

relating to food supply chains), subject to the restrictions on the use and

disclosure of information set out in section 27 of that Act (restrictions on use and

disclosure of information).

(4)    

In this section—

“coronavirus” means severe acute respiratory syndrome coronavirus 2;

“coronavirus disease” means COVID-19 (the official designation of the

disease which can be caused by coronavirus);

“financial assistance” means assistance provided by way of grant, loan,

guarantee or indemnity, and any other kind of financial assistance (actual

or contingent).”

Member’s explanatory statement

This new clause would require the Secretary of State lay before Parliament a coronavirus

emergency food plan, within six months of Royal Assent.

Consideration of Bill (Report Stage): 13 May 2020          

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Agriculture Bill, continued

Keir Starmer

Luke Pollard

Daniel Zeichner

Emily Thornberry

Mary Glindon

Caroline Lucas

NC8

To move the following Clause—

“Duty and regulations governing agricultural and horticultural activity

(1)    

It shall be the duty of the Secretary of State to establish a regulatory framework

relating to agricultural and horticultural activity for or in connection with the

following purposes—

(a)    

the management of land or water in a way that protects or improves the

environment;

(b)    

supporting agriculture and horticulture businesses in enabling public

access to healthy food that is farmed in an environmentally sustainable

way, including food produced through whole farm agroecological

systems;

(c)    

public access to and enjoyment of the countryside, farmland or woodland

and better understanding of the environment;

(d)    

the management of land or water in a way that maintains, restores or

enhances cultural or natural heritage;

(e)    

improving public health;

(f)    

the management of land, water or livestock in a way that mitigates or

adapts to climate change;

(g)    

the management of land or water in a way that prevents, reduces or

protects from environmental hazards;

(h)    

the protection or improvement of the health or welfare of livestock;

(i)    

the conservation of native livestock, native equines or genetic resources

relating to any such animal;

(j)    

the protection or improvement of the health of plants;

(k)    

the conservation of plants grown or used in carrying on an agricultural,

horticultural or forestry activity, their wild relatives or genetic resources

relating to any such plant; and

(l)    

the protection or improvement of the quality of soil.

(2)    

Regulations under subsection (1) must include provision about the standards to

which activity for or in connection with all of the purposes in subsection (1) must

conform.

(3)    

Regulations under subsection (1) may include provision about enforcement,

which may (among other things) include provision—

(a)    

about the provision of information;

(b)    

conferring powers of entry;

(c)    

conferring powers of inspection, search and seizure;

(d)    

about the keeping of records;

(e)    

imposing monetary penalties;

(f)    

creating summary offences punishable with a fine (or a fine not

exceeding an amount specified in the regulations, which must not exceed

level 4 on the standard scale);

(g)    

about appeals;

(h)    

conferring functions (including functions involving the exercise of a

discretion) on a person.