[Relevant document: Oral evidence taken before the Environment, Food and Rural Affairs Committee on 27 April 2021, on the Trade and Agriculture Commission, HC 1346.]
[Hannah Bardell in the Chair]
2:30 pm
Hannah Bardell (in the Chair)
Before we start, I would like to make an announcement. As everybody will be aware, the weather in London is very hot, so Members who are wearing jackets are welcome to take them off and speak without them; I am sure the public will have significant sympathy. I have also permitted the Doorkeepers to remove their jackets, so that everybody can stay conscious.
Members will be aware that social distancing is no longer in operation, but I remind them that Mr Speaker has encouraged us to wear masks between speeches. Members participating physically and virtually must arrive for the start of the debate and are expected to remain for the entire debate. I also remind Members participating virtually that they must leave their camera on for the duration of the debate, and that they will be visible at all times, both to each other and to us in the Boothroyd Room. If Members attending virtually have technical problems, they should email the Westminster Hall Clerks at westminsterhallclerks@parliament.uk. Members attending physically, I will be grateful if you could clean your spaces before you use them and when you leave the room.
2:31 pm
Neil Parish (Tiverton and Honiton) (Con)
I beg to move,
That this House has considered the role of the Trade and Agriculture Commission in international trade deals.
It is a pleasure to serve under your chairmanship, Ms Bardell. I am delighted to see support from colleagues from across the House on this issue, including the hon. Member for Bristol East (Kerry McCarthy), a former member of the Select Committee on Environment, Food and Rural Affairs, and a very good one; the hon. Member for Swansea West (Geraint Davies); and my hon. Friends the Members for Penrith and The Border (Dr Hudson) and for Keighley (Robbie Moore), who are all current members of the Committee. I also thank my fellow Devon MPs, my hon. Friends the Members for East Devon (Simon Jupp) and for Totnes (Anthony Mangnall), who also join us.
I called for this debate because I am concerned about the lack of urgency from the Government in matters relating to the Trade and Agriculture Commission—both the non-statutory body and the statutory body. During the passage of the Agriculture Act 2020 and the Trade Act 2021, serious concerns were raised by me and many other MPs, as well as the farming sector and non-governmental organisations, about the potential impact of free trade deals on the UK’s high environmental and animal welfare standards. The creation of the TAC was important in reassuring us that the Government listened to those concerns. The non-statutory TAC published a report on 2 March this year, providing the Government with 22 recommendations on how best to advance the interests of British food, farming, producers, consumers and trade deals. Summer recess is upon us, and we are almost five months on from that report, but we are still in the dark about what the Government will provide in response.
I know the Minister is very capable, but I cannot understand why it has taken him and his Department so long to respond to the Trade and Agriculture Commission. I have repeatedly asked the Trade Secretary when she will respond the report. As Chair of the Environment, Food and Rural Affairs Committee, I first wrote to her on 29 April. I wrote to her again on 26 May after I did not receive a reply. I then received what I can only describe as a holding reply from the Trade Secretary on 10 June. To be blunt, the Trade Secretary’s reply says very little and I suspect was just an attempt to buy more time. In her reply, the Trade Secretary agreed that the UK’s approach to agrifood should be “bold and ambitious”—hear, hear, I agree—but refused to expand on the Government’s response to the exact recommendations made by the TAC or provide any date for when the Government will respond. I have since written to her again to press on this.
The hon. Gentleman is making compelling points. Can I suggest to him that in fact, with the agreement with Australia, the pass has already been sold? What other country with which we have now to enter into agreements is going to accept anything less than Australia has been given?
Neil Parish
The right hon. Gentleman makes a very good point. Although I agree with him up to a point, we have only a deal in principle with Australia. The final parts have to be done, and we want the new Trade and Agriculture Commission up and running to fulfil its legal responsibilities. There is time to recover from where we are.
A list of core standards would prevent our farmers from being undercut by imports that have been produced in ways that we do not tolerate here. We do not have one. At present, there appears to be a lack of joined-up thinking between the Government’s trade policy and their food and farming policy. British farmers are being told by the Department for Environment, Food and Rural Affairs to raise their already world-leading environmental and animal welfare standards while their basic payments are being reduced. At the same time, the Department for International Trade is potentially allowing them to be undercut by foreign suppliers that are not held to the same high standards.
We need a very clear strategy on what exactly our key standards are and what the mechanism to enforce them in free trade deals is. That must be in place before we negotiate a deal that will allow hundreds of thousands of tonnes of Australian agriproducts into our country.
I expect that the Minister will tell us that the non-regression clause on animal welfare standards is the first of its kind in a free trade agreement. I would hate to think that the Minister introduced that clause just to make it look as though we are taking steps to protect our animal welfare standards when in fact very little may be achieved. I hope he can enlighten us.
Without that core list of standards on which we will not compromise, what is the point of a non-regression clause? We first need to know which measures we cannot regress. The Australians already have practices that, if we were to adopt them here, we would consider regressions. In Australia, the practice of mulesing sheep is permitted, egg-laying hens are kept in battery cages and chickens can be washed with chlorine. Cattle can be transported on journeys lasting up to 48 hours. The Australians are still using organophosphate dips, which were banned in this country in 1999 because of health risks to farmers. I saw their impact on my own father’s health; he used almost to bathe in the dip, which he should never have done. It is a nasty product.
We must set out very clearly what measures we will not accept and then sign a non-regression clause. Henry Dimbleby, whom the Government asked to conduct an independent review of our food policy, endorsed that approach in the national food strategy. One of the strategy’s key recommendations is that the Government define minimum standards for trade and the mechanism for protecting them. Mr Dimbleby also raised concerns about the precedent the Australian deal sets and about not having that set of standards in place. He says:
My hon. Friend is making an excellent speech, much of which I agree with, but I am afraid that I do not agree with point that every single trade deal will find itself being similar to the last. The Mexicans may well ask about having their eggs included in the trade deal, but it is up to our trade negotiators to say no. We have that power and that ability. Does he not see the value of our negotiators standing up for our own British produce?
Neil Parish
I thank my hon. Friend for his intervention. Yes, he is absolutely right that it is absolutely possible for our trade negotiator to stand up for these conditions, but until we have got this Trade and Agriculture Commission and the core principles in place, how on earth will we be certain that is going to happen? We will have to be clear in negotiations that we will not accept these eggs.
Likewise, I have been very critical recently of Brazilians and their environmental record, given the massive increase in deforestation that we have seen under their current Administration. If we signal to them that we are willing to compromise on our standards, that would completely undermine our negotiating position before we even get to the table. At a time when we are passing the Environment Bill and supposedly setting world-leading laws on deforestation, that would be such a failure of joined-up thinking.
The second key recommendation by the TAC report, which we need a response to, is that we need a proper export strategy if our producers are to benefit from these opportunities. In particular, we need an export council to co-ordinate our export efforts and an increase in the number of agricultural councils as a priority, so that we can have counsellors all across the world, as the Australians and others do. We also need to have a better link between the Department for Environment, Food and Rural Affairs and the DIT. The TAC argues for a dedicated Minister for agrifood trade who will work across Government; I would be very interested in hearing the Minister’s views on that suggestion.
One thing that I am very keen to see is an expansion in the number of agriculture counsellors that we have abroad. The UK has an agriculture and food council in just two of our embassies, in China and the United Arab Emirates. These were funded largely by the Agriculture and Horticulture Development Board. The US spends over $200 million on its foreign agriculture services to help its exporters to break into markets, with offices in over 90 countries. Recently, Australia has been spending 20 million Australian dollars on its network of agriculture counsellors around the world, who operate in 15 locations across Europe, South America and Asia. New Zealand has a network of 22 counsellors; it has eight counsellors in China alone, because it knows that it is challenging but important to enter a new market that presents a prime opportunity for exports. It has a very senior official based in China to lead on the ground, who comes from New Zealand’s equivalent to DEFRA. That is what the Chinese really want—somebody very senior in China to negotiate these deals.
The New Zealanders are very good at getting technical specialists on the ground. In some markets where the rules are strict, they have policy counsellors but they also have veterinary counsellors, who have the technical knowledge to work around the requirements for importing into new markets. They learn exactly what needs to be done on standards for imports, but they also help to produce the right legal paperwork. They do so by building networks with the local equivalents of DEFRA, the AHDB and the Food Standards Agency. They do all that before they enter into negotiations for a trade deal. We need to emulate this model and we need to crack on with it before deals are signed, or we will not have the framework in place for exporters to benefit from a deal straight away.
Hannah Bardell (in the Chair)
I would like to call the SNP spokesperson by 3.28 pm. Depending on interventions and to be equitable to all Members, I would hope to give four and a half minutes to each Member.
It is a pleasure to see you in the Chair, Ms Bardell. I congratulate the Chair of the Select Committee, the hon. Member for Tiverton and Honiton (Neil Parish), on securing this debate. I have lost count of the number of times we have debated these issues over the last few years.
In my view, it is very clear that the Trade and Agriculture Commission, in both its iterations, was brought into being only to give the Government a get-out clause—to buy off potential rebels on the Agriculture Bill and the Trade Bill who shared my concerns and those of many others, including the National Farmers Union, about the Government’s real position on protecting our current environmental and welfare standards in future trade deals.
Despite all the rhetoric that we got from Government Ministers when we questioned them at the EFRA Committee and in the Chamber, it was obvious that something was up, because the Government refused to enshrine these protections in law and came up with excuse after excuse for why they did not need to do so. Minister after Minister said, “Trust me.” We just did not. So they came up with this mechanism—the TAC—and, while some of us remained highly sceptical, others thought that maybe it might just work. We hear today from the Chair of the Select Committee, as I am sure we will hear from other speakers, that patience is wearing thin.
I want to focus on what it says in the national food strategy—I have the great big document here with me— which was commissioned two years ago by the Government. The hon. Member for Tiverton and Honiton has mentioned the overlap between some of its recommendations. In part one of the strategy, which was published a year ago, last July, one of the recommendations was that the Government should
“commission an independent report on all proposed trade agreements, assessing their impact on: economic productivity; food safety and public health; the environment and climate change; society and labour; human rights; and animal welfare. This report would be presented alongside a Government response when any final trade treaty is laid before Parliament.”
It is a pleasure to serve under your chairmanship, Ms Bardell, and to follow the hon. Member for Bristol East (Kerry McCarthy).
I congratulate my hon. Friend the Member for Tiverton and Honiton (Neil Parish) on securing this debate. I very much agree with the points he made forcefully and eloquently. It is indeed a privilege to serve under his chairmanship as a member of the EFRA Committee. I declare a strong professional and political interest as a veterinary surgeon and as the MP for Penrith and The Border, which is home to many fantastic Cumbrian farmers who produce superb food to the highest production standards.
Many constituents have been in touch to express their concerns about the free trade agreement with Australia and what it might mean for our local farmers and producers and for animal welfare standards. I share their concerns. Broadly, I welcome the possibility of a mutually beneficial trade deal between our two nations, but it has to be the right one. Although we have so much in common with our closest friends in Australia, our economies are very different, and any trade deal should reflect that.
For example, when it comes to livestock farms, the costs of production are much lower in Australia, and the animal husbandry methods are very different. I say that as someone who has worked as a vet on farms in both the UK and Australia. It is vital that we have a thriving UK food production industry that is not undercut by imports. I am clear that any deal must not disadvantage our farmers and food producers, or compromise animal welfare. That is why I have repeatedly called for animal welfare chapters to be included and tariff rate quotas to be used.
I am pleased that the Government have listened to my calls for an all-important animal welfare chapter in the agreement. However, we are still unclear on the detail of the chapter and on the exact use of tariff rate quotas to safeguard any deal. Importantly, we still await the Government’s response to the Trade and Agriculture Commission’s report. When I asked former TAC chairman Tim Smith about those issues during our EFRA Committee session in April, he said he would be
I am very pleased to serve under your chairpersonship, Ms Bardell. As you know, I have been involved in the Council of Europe as a trade rapporteur. I am also a member of the EFRA Committee. I very much welcome everything that the hon. Member for Penrith and The Border (Dr Hudson) has said. I serve on the Welsh Affairs Committee, and we looked at this important issue as well.
The Government refused to put a list of welfare and other standards and constraints in the Trade Bill. They said that the Trade and Agriculture Commission would act as an advisory body that would provide information to Parliament so that we could make an informed decision before trade deals were made. We can see that the Government are not taking this seriously because, since 2 March—almost 22 weeks ago—the 22 recommendations made by the Trade and Agriculture Commission have not been responded to. There is great concern that the Government are desperately trying to sign off any deal as quickly as they can, irrespective of the welfare and industrial implications. We have taken evidence to that effect in our Select Committee.
It is important that we realise that Australia will serve as a benchmark. I appreciate the intervention of the hon. Member for Totnes (Anthony Mangnall), who seemed to think that we could have different standards for different deals, but the World Trade Organisation will judge that, so we cannot have inconsistent standards. The standards in Australia are significantly worse; the Chair of the Select Committee, the hon. Member for Tiverton and Honiton (Neil Parish), mentioned that cattle are allowed to travel for 48 hours instead of 24 hours, and sheep are subjected to horrendous removal of the skin on their buttocks—without anaesthetic for 44% of them, and with some sort of pain relief for 40%. The Australians said they would stop that practice in 2012, so we cannot really trust them on their word to improve welfare standards if it is not in their competitive interest to do so.
3:03 pm
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Perhaps our able Minister can update us on when the response will be published. It needs to be now. We have an agreement in principle with Australia, but we are not clear whether the Government have ever read the report and taken it on board before pursuing a trade deal that directly impacts on our farming sector and the quality of food, both environmentally and in animal welfare. It is also as though the Government intend to bypass the advice they commissioned. I am, to say the least, disappointed about that. During the passage of the Agriculture and Trade Acts, I was led to believe that the TAC would be a useful tool to help us during negotiations because it would clearly set out our trade policy. However, I received a response from the Minister very recently that stated:
“The role of the Trade and Agriculture Commission is not to advise on negotiations.”
Likewise, the Secretary of State has said that the TAC
“was tasked with providing advice towards an overall strategy regarding the UK’s future trade policy”
but was not
“set up to influence…trade deals.”
That is putting the cart before the horse. We should be basing our trade negotiations on an overall strategy, especially when those deals will set the tone for what will follow.
We urgently need a response to each of the 22 recommendations in the TAC report. In case Members have not read it, one of the most important recommendations was that we establish a list of core standards that would safeguard us in all future trade deals. That would prevent our farmers from being undercut by imports that have been produced in ways that we would not tolerate.
“The way we do one trade deal inevitably feeds into how we do the next. Brazil—which has significantly worse environmental and welfare standards than our own, or indeed Australia’s…is also being lined up for a trade deal. If we are seen to lower our standards for the Australia deal, it will make it much harder to hold the line with Brazil —or the next potential trading partner, or the next.”
As Mr Dimbleby says, more deals are in the pipeline and the nature of them will be driven by what has gone before in the Australia deal. The likes of New Zealand, the US, Brazil and Mexico will be all looking at what we have given away to Australia and licking their lips.
Mexico has four times as many laying hens as we do, more than 160 million in total, and 99.8% of them are kept in conventional battery cages in very cramped conditions. That practice has been banned here for almost a decade. We will have to be clear in the negotiations that we will not accept such eggs, but the Mexicans will see that we have conceded to the Australians. Why would they not ask?
As I mentioned, the AHDB funded the agriculture and food counsellors already in Beijing. The New Zealanders’ veterinary counsellor in Brussels is funded 50% by industry and 50% by Government, because the New Zealand AHDB equivalent recognises the value of veterinary counsellors in getting a route into a market. I would like to see the Treasury stepping up to find more agrifood counsellors. The Trade Secretary has suggested to me that there could be potential for some money to be made available, but I am unclear how much will be forthcoming. I recently questioned the Prime Minister about this in a Liaison Committee hearing. He stated that he was especially devoted to increasing food and drink exports in more embassies across the world. While I have the Minister here, let me ask him whether the Secretary of State has had conversations with the Prime Minister about Government funding to increase the number of agrifood counsellors.
We could look at the New Zealand system, and fund through the Treasury and half through the AHDB levy boards. Farmers and our food producers pay levies worth more than £60 million a year, which are supposed to be spent directly to further the interests of the trade. We have needed to reform the levy boards for some time and give the farmers more say in how they are run and how the money is spent. One thing we could ask them is whether a higher proportion of their levies should be spent on opening markets and getting their products abroad. I think that they would take up that suggestion.
We urgently need the new statutory TAC up and running. The Government are dragging their feet in appointing a chair and members. I believe that the expression of interest for members of the new body has now closed, but only very recently, so where are we on getting those who expressed their interest on to the commission to make it operational? It is not just about the chair and the members; the commission needs an independent secretariat and the technical capacity to get into the deal and draw on the views of stakeholders. The Government have refused to say what support the TAC will be provided to examine complex technical documents. Will the Minister clarify how many staff the TAC will have? Will it have the capacity to commission its own modelling and technical analysis?
I would also like the Government to allow the TAC to have a broad view of its responsibility so that it can provide expert advice on all matters relating to trade and trade standards. A narrow interpretation would look only at the aspects of a deal that require an immediate amendment to UK law. The TAC will need a broad view of where a deal may incentivise practices that we wish to put a stop to, such as deforestation. Putting into our list of core standards, for example, the principle that we will not eat any food produced on land that has been deforested, alongside measures to cut deforestation in the Environment Bill, which was mentioned earlier, would set a truly world-leading standard and encourage our global partners to follow suit. If the TAC does not examine those sorts of serious issues because it has a narrow remit, we would miss a great opportunity to tackle them in a joined-up way. That would also undermine our negotiating position, as I mentioned earlier.
On a positive note, I welcome the recent commitment from the Trade Secretary that Parliament will have three months to examine the final Australia deal. That is a step forward. It would be better, of course, if we had an opportunity for meaningful scrutiny of a draft deal, or even the possibility of rejecting a bad final deal. I therefore ask the Minister whether the TAC will get advance sight of the deal to conduct its analysis so that its report on it can be published alongside the final text at the start of that three-month period. Or will the TAC get to see the details at the same time as everyone else, meaning that it has to rush its analysis and produce a report late in the scrutiny stage? A rushed report would add little value to our scrutiny and would not be in the spirit of the legislation that makes provision for the TAC.
I will conclude. First, will the Minister give us the date on which the Government will respond to the TAC’s report, and will that response take on board its recommendations? Secondly, we really must have a list of core standards on which we must not compromise. Thirdly, we need an overarching strategy for agricultural and food trade that joins up with our policy at home and abroad. Fourthly, that should include more agrifood counsellors and an export council. Fifthly, I would like to see the Government hurry up and set up the statutory TAC so that it is ready to provide scrutiny on the Australia deal, as it is legally obliged to. Finally, we need some detail on what support the statutory TAC will have. Will it have the technical capacity and staff to fulfil properly its role and ensure that the interests of our farmers and producers are looked into?
Colleagues will know that I am a man of almost limitless patience, but I have to say, I am running out of it. This has taken far too long. We need some answers and we need them now.
The Government adopted that recommendation but did not implement the two other recommendations on trade—on giving preferential tariffs to food products that “meet our core standards” and on giving Parliament
“the time and opportunity to properly scrutinise any new trade deal.”
Part two, which was a larger piece of work, has just been published. Recommendation 10 calls on the Government to:
“Define minimum standards for trade, and a mechanism for protecting them.”
It says the Government should draw up
“a list of minimum standards which it expects imported food to meet in support of the objective of a healthy and sustainable food system”
and that the Government should “defend these standards” in any future trade deals, stating that the Government need to “set out a mechanism” by which they propose to do that.
The strategy sets out compelling arguments on why the Government need to act and to act now before we start seeing trade deals with Australia, Brazil or the United States, which can produce food much more cheaply than we can, but at a much higher cost.
I have asked the Minister several times about our trading relationship with Brazil, and what we are doing to stamp out links to deforestation in our food supply chain. I do not really expect any better answers today, but I want to ask him what response we will get from the Government—from DEFRA, which has responsibility for the National Food Strategy, but also from the Department for International Trade—to the recommendations that I have just outlined.
Will the Minister respond today on these two points? First, will the Government ask the TAC to draw up a list of core standards covering food safety, animal welfare, use of antibiotics and the prevention of severe environmental impacts, such as deforestation? Will he do that? These are the absolute minimum standards. They are not something that should be negotiated away. That would not remove our negotiators’ freedom to negotiate trade deals, because these things should not be on the table in the first place. Secondly, if he does not accept the suggestion that when striking new trade deals, the UK should offer to lower tariff barriers only on products that comply with those standards, will he explain to us why?
Setting out minimum standards to be defended in any future trade deals and setting out a mechanism to defend them—I really do not think that is too much to ask. I look forward to hearing what the Minister has to say.
“squeamish about allowing a tariff to sort the problem out”.
He went on:
“You are absolutely right, Neil, that there is a gap, but I just have to cross my fingers and hope, in some ways, that the negotiators, some of whom we spoke to during the course of our investigations and report, have read the report”.
We are still going into these deals in the dark and hoping for the best. We can make it work, but we need urgent parliamentary scrutiny to ensure that any trade deal is not rushed through, and we need the TAC to be reconstituted immediately to help with the process. Parliamentary scrutiny needs to be meaningful, and it must include the option for the House and relevant Select Committees such as EFRA and International Trade to amend and potentially block deals rather than just delaying them.
I will continue to stand up for the farmers in Cumbria and across the whole United Kingdom. We have the best farmers and we produce great food using high standards. We should be very proud of that. By promoting high animal welfare standards in the UK and using animal welfare chapters in our free trade agreements, we can be a beacon to the rest of the world, driving up animal welfare standards globally. It would be an excellent use of some of our international aid budget to help farmers in the developing world to farm and rear animals more sustainably.
I deeply regret the Government’s decision to cut our aid budget and not return it to 0.7% as soon as possible. That will have devastating impacts around the world in healthcare programmes, nutrition and water programmes, and in supporting the world’s poorest and most vulnerable. I continue to urge the Government to restore the 0.7% as soon as possible.
Finally, we can get this right. If we do, everyone will benefit—farmers, the wider public, and, very importantly, animals right around the world.
I am sitting in Wales, and I know that the average size of a sheep farm in Australia is 100 times that of the average farm here. We also know that the Government are looking to agree a tariff and quota system, with a 15-year phase-out of the tariffs. The quota that has been allowed for 2022 is four times the amount that was allowed in 2020—25,000 tonnes, rising to 75,000 tonnes by 2022. At the same time, farmers are having their farm payments withdrawn. Some environmental payments will be phased in, but not at as high a level. Obviously, there will be cash-flow issues. With lower costs, with the problems that we are experiencing over exports to the EU and with extra imports, the situation looks pretty dire from the industry’s point of view.
The Australian negotiator Dmitry Grozoubinski gave evidence to the Welsh Affairs Committee, pointing out that over 20 years, the Australian share of the beef market in the United States developed from a non-entity to hover at about a third of value. The US has a much bigger population, but we eat more beef. We are in danger of being swamped by beef that is produced to lower welfare standards.
This Australia deal looks to form a precedent for the subsequent deals with Mexico, Canada, India, Vietnam and so on, and we need to get it right. We cannot have a situation where we do not get the right advice from the Trade and Agriculture Commission, and then we are faced in the final hour, as we were with the EU, with deal or no deal—this or nothing.
It is imperative that we get these things right for the long term. Let us remember that international trade deals are treaties that trump domestic law. There is no good our passing some sort of welfare or animal sentience Bill and having a special committee that says that we will embed the interests of animal welfare in all our decisions, because that law would be trumped by international trade treaties. We need to get it right; we need it to be informed; we need parliamentary democracy; and we need to work together, so let us do that. I look forward to hearing from the Minister.