Cynulliad Cenedlaethol Cymru | National Assembly for Wales
Y Pwyllgor Newid Hinsawdd, Amgylchedd a Materion
Gwledig | Climate Change, Environment and Rural Affairs
Committee
Fframweithiau
cyffredin y DU ar amaethyddiaeth a’r amgylchedd
| UK
common frameworks on agriculture and environment
UK 16
Ymateb gan : Undeb Cenedlaethol yr Amaethwyr Cymru
Evidence from : National Farmers Union Cymru
1.
NFU Cymru welcomes
the opportunity to respond to the Climate Change, Environment and
Rural Affairs Committee’s inquiry into common UK frameworks
that are needed to replace the EU governance structure that are set
to disappear upon Brexit.
- Agriculture as
a sector has been very heavily shaped by the UK’s membership
of the European Union in terms not only of the support the sector
receives under the CAP and the policies linked to this support, but
also in terms of our trading relationship with EU and the volume of
EU derived legislation which impinges on the sector.
- European Union
legislation relating to agriculture is enormously complicated and
highly integrated with the governance structures and processes of
the European Union. Replacing this EU architecture with
common UK frameworks, where appropriate, represents a significant
legal and political challenge.
4.
The UK’s
constitutional landscape is now of course very different to that
which existed when the UK joined the then EEC. We have
long since moved from an arrangement in which powers were vested in
the centre to one in which devolved legislatures and executives
have law and policy making powers in relation to various
matters.
5.
NFU Cymru recognises
the risk posed to a functioning UK internal market by unconstrained
regulatory divergence that could follow from the loss of EU
governance structures. In order to avert this risk, we accept the
need for common frameworks in order to preserve the integrity of
the UKs internal market for agricultural goods and produce, and to
ensure that the UK is best placed to agree trade deals with the
EU27 and the rest of the world.
6.
It therefore follows
that what sort of frameworks are required and what they encompass
will, at least in part, be a corollary of the type of trade deals
that the UK manages to secure.
7.
The arguments around
placing common frameworks on a legislative basis are most
compelling (i) In respect of those areas in which breaches of
common frameworks could lead to a breach by the UK of its
international obligations, including those incurred in relation to
trade and (ii) In respect of those areas which would otherwise risk
distorting the operation of the UK single market.
8.
NFU Cymru’s
support for common frameworks has always been on the basis that
they must be arrived at by mutual agreement between London and
Cardiff, with the views of the Welsh Government and the National
Assembly for Wales fully respected throughout this
process.
- NFU Cymru
welcomes the publication of the framework analysis of EU law
intersect with devolved competence. We are pleased to
see that for most policy areas where action is required, this will
be achieved via non-legislative common frameworks, whilst accepting
that in some areas legislative common frameworks will be
needed.
10.We are pleased that the UK and
Welsh Governments reached an agreement on 24th April
2018 on the European Union Withdrawal Bill and the establishment of
common frameworks.
11.We would urge the UK Government
to continue to work in partnership with the devolved governments
and legislatures in order to lay the groundwork for securing
legislative consent with respect to any Clause 11 regulations, and
indeed any legislation which engages the Sewel
convention.
- NFU Cymru
supports the use of ‘soft law’ such as concordats and
memorandums of understanding wherever possible, as a
non-legislative means of delivering common frameworks. The
use of such ‘soft law’ should foster better relations
between governments and should also achieve a better accommodation
for the devolution settlements and reduce the risk of dispute and
potential litigation.
- We of course
accept that the operation of such ‘soft law’ is founded
on trust and mutual respect between governments, and will only work
to underpin common frameworks where such trust and respect is
present, and governments share broadly similar policy
objectives.
- With reference
to those areas which require a common approach across the UK, NFU
Cymru would support legislative common frameworks, arrived at
through common consent between the governments of the home nations
in the policy areas that are deemed necessary to secure functioning
internal markets.
- We would
anticipate that these frameworks would set minimum common
conditions / standards that need to be met to allow for a
functioning internal market and ensuring that the UK is best placed
to enter into, and implement new trade deals but beyond these
minimum common conditions and standards there is the scope for
policy divergence.
- NFU Cymru is
aware that both Governments are currently exploring the extent to
which legislation could be required in whole or in part for 24
policy areas and that these cover a range of areas including,
pesticides, organic farming, fertiliser, animal health and
traceability, food and feed safety and feed labelling.
- The frameworks
that are agreed between the Welsh and UK Government must provide
sufficient flexibility to allow us to design and implement a
bespoke Welsh domestic agricultural policy that recognises the
specific challenges faced by Welsh agriculture and helps to ensure
that we can support farm businesses to take best advantage of
current and emerging market
opportunities.
- It should of
course be borne in mind that even within the parameters of the
Common Agricultural Policy framework, governments across the UK
home nations have been able to tailor agricultural policies to suit
the sort of agriculture taking place within their respective
territories.
- We have seen
different approaches amongst the home nations to the use of coupled
payments, areas of natural constraint and the capping of payments
as just some examples of policy divergence within the bounds of the
CAP have taken place across the UK.
- Outside of the
CAP (but still within sphere of EU legislation) we have seen
divergence amongst the home nations with regard to the rules that
operate in relation to the movements of livestock.
- NFU Cymru would
therefore believe that common UK frameworks should allow for a
level of policy divergence amongst the home nations that is akin to
that which is currently permitted under the auspices of the CAP
regime and EU legislation.
- Whilst we would
not advocate policy divergence for its own sake, we are mindful of
the different types and structures of agriculture that are to be
found across the UK, and we believe that each of the home nations
needs the flexibility to be able to respond to the differing
circumstances of farmers within their respective
territories.
- The level of
policy divergence between the England and Wales post-Brexit need
not in our view be any more difficult to manage than the policy
divergence we already have under the CAP regime.
- To date, there
appears to have been little discussion of how common frameworks
might be policed and enforced. NFU Cymru believes that
consideration now needs to be given to how an oversight and
enforcement mechanism for common frameworks might operate and
respond to any alleged breaches of agreements.
- Any oversight
and enforcement mechanism, if it is to be pan-UK or England and
Wales in its remit, needs to fully respect devolution.
We also see merit in making such a body accountable to the devolved
and UK legislatures rather than the devolved and UK
executives.
- It is worth
making the point that many cross-border farmers have faced
difficulties under the current CAP regime, and the Union has lent
assistance to a number of its members who have faced challenges
owing to the fact that their businesses straddle the
border.
- Fundamentally
however, the difficulties faced by cross border farms come down to
the timely exchange of information between the respective agencies
in England and Wales, and not necessarily to the fact that there is
a degree of policy divergence between England and
Wales.
- There needs to
be far greater collaboration and partnership working between Welsh
Government and Defra with regards to cross border holdings both
between now and when our participation in the CAP ends in 2020, and
thereafter where England and Wales will have devised their own
domestic agricultural policies.
I trust that
you will find NFU Cymru’s submission of interest, if you
require any further information then please do get in
touch.
Huw
Thomas
Political
Adviser
NFU
Cymru