Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 11 March 2020

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 1 to 16 and NC2 and NC3

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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

 

Andrew Selous

Stephen Farry

Julian Sturdy

 

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,


 
 

Notices of Amendments: 11 March 2020                  

2

 

Agriculture Bill, continued

 
 

(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 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

 

NC2

 

Parliamentary Star    

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

 

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).


 
 

Notices of Amendments: 11 March 2020                  

3

 

Agriculture Bill, continued

 
 

(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

 

Parliamentary Star    

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.”

 

 


 

Sir Edward Leigh

 

3

 

Parliamentary Star    

Clause  1,  page  2,  leave out lines 19 and 20 and insert—

 

“(g)    

protecting or improving the management of landscapes and biodiversity

 

through pasture-fed grazing livestock systems including the conservation

 

of native livestock, native equines or genetic resources relating to any

 

such animal;”


 
 

Notices of Amendments: 11 March 2020                  

4

 

Agriculture Bill, continued

 
 

Sir Edward Leigh

 

2

 

Parliamentary Star    

Clause  1,  page  2,  line  25,  at end insert—

 

“(k)    

protecting or improving the health, well-being and food security of

 

citizens.”

 


 

Sir Edward Leigh

 

4

 

Parliamentary Star    

Clause  2,  page  3,  line  27,  at end insert—

 

“(2A)    

In every case such conditions shall include the following restrictions to the

 

eligibility of a recipient of financial assistance—

 

(a)    

financial assistance may only be made to individuals or groups of

 

individuals, natural or otherwise, operating land where the predominant

 

use is agricultural as defined by section 96(1) of the Agricultural

 

Holdings Act 1986; and

 

(b)    

financial assistance may only be made available to individuals or groups

 

of individuals, natural or otherwise, who are—

 

(i)    

in occupation of or with rights of common over the land for

 

which the financial assistance is being claimed;

 

(ii)    

taking the entrepreneurial risk for the decisions made in relation

 

to the management of the land for which the financial assistance

 

is being claimed; and

 

(iii)    

in day-to-day management control of the land for which the

 

financial assistance has been claimed.”

 


 

Sir Edward Leigh

 

5

 

Parliamentary Star    

Clause  4,  page  5,  line  14,  at end insert—

 

“(d)    

set out the budgeted annual expenditure to be used to achieve each of the

 

aforementioned strategic priorities for the plan period.”

 


 

Sir Edward Leigh

 

9

 

Parliamentary Star    

Clause  5,  page  61,  leave out lines 25 and 26 and insert—

 

“(a)    

there is an acute or chronic disturbance in agricultural markets or a

 

serious threat of an acute or chronic disturbance in agricultural markets

 

caused by economic or environmental factors, and”

 



 
 

Notices of Amendments: 11 March 2020                  

5

 

Agriculture Bill, continued

 
 

Sir Edward Leigh

 

6

 

Parliamentary Star    

Clause  8,  page  7,  line  40,  leave out “2021” and insert “2022”

 


 

Neil Parish

 

1

 

Parliamentary Star    

Clause  16,  page  12,  line  42,  at end insert—

 

“(ba)    

making provision for future contributions to existing rural socio-

 

economic schemes;”

 

Member’s explanatory statement

 

This amendment would safeguard the availability of financial provisions to continue the socio-

 

economic programmes under Rural Development Programmes in the event of delays in the

 

introduction of the UK Shared Prosperity Fund.

 


 

Sir Edward Leigh

 

7

 

Parliamentary Star    

Clause  17,  page  14,  line  32,  at end insert—

 

“(3)    

As part of the report, the Secretary of State must set out food security targets and

 

specify and implement any actions required to ensure that those targets are met.”

 


 

Sir Edward Leigh

 

8

 

Parliamentary Star    

Clause  18,  page  15,  leave out lines 2 and 3 and insert—

 

“(a)    

there is an acute or chronic disturbance in agricultural markets or a

 

serious threat of an acute or chronic disturbance in agricultural markets

 

caused by economic or environmental factors, and”

 


 

Sir Edward Leigh

 

12

 

Parliamentary Star    

Schedule  3,  page  50,  line  15,  leave out “may” and insert “must”

 

Sir Edward Leigh

 

11

 

Parliamentary Star    

Schedule  3,  page  50,  leave out lines 25 to 36 and insert—

 

“(3)    

A request falls within this subsection if—

 

(a)    

it is a request for—

 

(i)    

the landlord’s consent to a matter which under the terms of the

 

tenancy requires such consent, or

 

(ii)    

a variation of the terms of the tenancy, or


 
 

Notices of Amendments: 11 March 2020                  

6

 

Agriculture Bill, continued

 
 

(iii)    

the landlord’s consent to a matter which otherwise requires such

 

consent.

 

(b)    

it is made for the purposes of—

 

(i)    

enabling the tenant to request or apply for relevant financial

 

assistance or relevant financial assistance of a description

 

specified in the regulations, or

 

(ii)    

complying with a statutory duty, or a statutory duty of a

 

description specified in the regulations, applicable to the tenant,

 

or

 

(iii)    

to secure either or both of the full and efficient farming of the

 

holding or an environmental improvement, and”.

 

Sir Edward Leigh

 

13

 

Parliamentary Star    

Schedule  3,  page  51,  line  34,  at end insert “, or

 

“(d)    

a scheme of financial assistance in whatever form introduced by Welsh

 

Ministers;”

 

Sir Edward Leigh

 

14

 

Parliamentary Star    

Schedule  3,  page  54,  line  24,  at end insert—

 

“Termination of tenancies of 10 years or more

 

22A      

Before section 28 insert—

 

“7A    

Termination of tenancies of 10 years or more

 

(1)    

Where a farm business tenancy has been granted for a fixed term of 10

 

years or more without any provision for the landlord to terminate the

 

tenancy on a specific date or dates during the fixed term, the landlord

 

may serve notice to quit on the tenant of the holding using the

 

provisions of the Agricultural Holdings Act 1986 Schedule 3 Parts I

 

and II in accordance with the Agricultural Holdings Act 1986

 

Schedule 4 and all Orders introduced as mentioned in that schedule in

 

respect of the following cases—

 

(a)    

Case B

 

(b)    

Case D

 

(c)    

Case E

 

(d)    

Case F

 

(e)    

Case G

 

(2)    

In addition to any compensation required to be paid to the tenant by

 

the landlord following the termination of a tenancy using Case B, the

 

landlord shall pay additional compensation to the tenant at an amount

 

equal to ten years’ rent of the holding or attributed to the part of the

 

holding upon which notice to quit has been served at the rate at which

 

rent was payable immediately before the termination of the tenancy.””


 
 

Notices of Amendments: 11 March 2020                  

7

 

Agriculture Bill, continued

 
 

Sir Edward Leigh

 

10

 

Parliamentary Star    

Schedule  3,  page  55,  line  19,  at end insert—

 

“Requests for landlord’s consent or variation of terms

 

25A      

Before section 28 insert—

 

“27A  

Disputes relating to requests for landlord’s consent or variation of

 

terms

 

(1)    

The appropriate authority must by regulations make provision for the

 

tenant of an agricultural holding to refer for arbitration under this Act

 

a request made by the tenant to the landlord where—

 

(a)    

the request falls within subsection (3), and

 

(b)    

no agreement has been reached with the landlord on the

 

request.

 

(2)    

The regulations may also provide that, where the tenant is given the

 

right to refer a request to arbitration, the landlord and tenant may

 

instead refer the request for third party determination under this Act.

 

(3)    

A request falls within this subsection if—

 

(a)    

it is a request for—

 

(i)    

the landlord’s consent to a matter which under the

 

terms of the tenancy requires such consent, or

 

(ii)    

a variation of the terms of the tenancy, or

 

(iii)    

the landlord’s consent to a matter which otherwise

 

requires such consent

 

(b)    

it is made for the purposes of—

 

(i)    

enabling the tenant to request or apply for relevant

 

financial assistance or relevant financial assistance of

 

a description specified in the regulations, or

 

(ii)    

complying with a statutory duty, or a statutory duty of

 

a description specified in the regulations, applicable

 

to the tenant, or

 

(iii)    

to secure either or both of the full and efficient

 

farming of the holding or an environmental

 

improvement, and

 

(c)    

it meets such other conditions (if any) as may be specified in

 

the regulations.

 

(4)    

The regulations may provide for the arbitrator or third party on a

 

reference made under the regulations, where the arbitrator or third

 

party considers it reasonable and just (as between the landlord and

 

tenant) to do so—

 

(a)    

to order the landlord to comply with the request (either in full  

 

or to the extent specified in the award or determination);

 

(b)    

to make any other award or determination permitted by the

 

regulations.

 

(5)    

The regulations may (among other things) make provision—

 

(a)    

about conditions to be met before a reference may be made;

 

(b)    

about matters which an arbitrator or third party is to take into

 

account when considering a reference;


 
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Revised 11 March 2020