Declan McAleer
West Tyrone · Sinn Féin · Northern Ireland
“The regulations are designed to strengthen and complement the existing framework governing the welfare of animals at the time of killing. They build upon EU regulation 1099/2009 and the Welfare of Animals at the Time of Killing Regulations 2014, ensuring that the North maintains high standards of animal welfare.”
“Inspectors are granted clear powers to enforce the regulations, including the ability to enter premises, carry out inspections and, where necessary, seize evidence to ensure compliance. Enforcement notices may also be issued where breaches are identified, with appropriate mechanisms in place for appeal.”
“<BR /> <BR />From a resource point of view, which is another key debate, and looking at the practicalities of the Bill, we must not create a situation in which councils will be expected to take on significant new responsibilities, incur substantial costs and manage increased workloads without the necessary resources.”
“I will follow on from the key points made by my colleague Aoife Finnegan MLA. First, I record our appreciation of the Committee staff, including Janice and Glenda, for the work that they did. I also thank the Bill Office for its assistance during our scrutiny of the Bill.”
“We support the ambition of the Bill — we made that clear at First Stage and at Committee Stage, and we have made it clear today — to give councils stronger powers to intervene. However, the stronger powers must be accompanied by a framework that is properly resourced, legally robust and workable.”
“There are three council areas in our West Tyrone constituency, for instance. <BR /> <BR />We heard a lot from NILGA and received correspondence from SOLACE about the costs and the fear that costs could not be recovered. If legal challenges were brought to councils about notices that were made, it would be costly to the ratepayer.”
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“The Agriculture Bill was introduced to the House of Commons on 16 January and had its Second Reading on 3 February, moving to Committee Stage on 11 February. As already outlined by the Minister, the purpose of the Bill is to provide a legal framework for the transition out of the EU and to replace the common agricultural policy, as well as providing financial support after leaving the EU. There are provisions within the Bill that require legislative consent as they relate to devolved matters, and they are outlined in the LCM and in the Committee report. The Bill also extends a number of provisions to this region in schedule 6, for which legislative consent is also sought. <BR /> <BR />I will briefly outline how the Committee undertook scrutiny of the Bill.”
“In the light of the COVID-19 crisis and the closure of many food outlets and livestock marts, will the Minister advise whether farmers, the vast majority of whom are self-employed, are able to avail themselves of the recently announced self-employed income support and job retention schemes and the other schemes that have been put in place to support employees and employers during the crisis?”
“I thank the Minister for her statement. I, too, will be brief. To go back to the issue of childcare, I am aware that some businesses are registered as charities. From my reading of the guidelines around the small business grant scheme, I do not believe that they are eligible for that. Can the Minister clarify that? On the same issue, another Minister has issued a number of after-school and daycare facilities with guidelines to say that it has been decided that their facilities are not to close, yet there are no children in them. There are big financial consequences for them to continue with their businesses when they are empty. Does the Minister have any advice for businesses in those situations?”
“<BR /> <BR />Finally, I will conclude with a wee message that our front-line workers, NHS, shops and suppliers are absolutely crucial. I also want to mention our community sector. They play a fantastic role at ground level, working with vulnerable people and people who are isolated. They are unseen and unheard; they are volunteers. I just want to put on record our deep appreciation of the vital work that they are carrying out at this critical time.”
“<BR /> <BR />The Minister will also know that, throughout rural areas, there is a range of support organisations who are on the ground and doing a lot of work. He will know from his previous role as president of the Young Farmers' Clubs of Ulster and I know from my role as a GAA member and from the community sector that there is a range of organisations on the ground doing work. They have infrastructure that can be easily utilised at very short notice to turn into test centres to carry out vital testing in isolated rural areas. Those options are there. <BR /> <BR />There is a range of issues. Yes, we are concerned about the pace at which the LCM has been brought in, but we are in extraordinary situations. I support the motion.”
“The Minister will be well aware from within his Department and from his previous role on the ARD Committee of the excellent work that is carried out through the Tackling Rural Poverty and Social Isolation (TRPSI) programme and the Public Health Agency with regard to the Farm Families Health Checks. Nurses set up stations at marts and other locations in rural areas and carry out basic checks for farmers, including blood pressure and cholesterol testing. Surely, we have a model there that can be extended into rural areas to carry out COVID-19 testing in the time ahead as part of the ramping up of testing. I note that, in the South, there are 40 test centres and tests are being carried out across the South of Ireland. We have a model here.”
“I have written to the AERA Minister to consider this as a force majeure situation and to look at the range of flexibilities around that 15 May deadline for the single farm payment. Regrettably, we are out of the EU, but the EU requirement will no longer apply to that 15 May deadline. They are challenges, and, again, they are underpinned by the recent announcement over the weekend of the closure of marts, which creates additional financial challenges for our farming community. There needs to be some flexibility and imagination around the direct payments this year, because this is a force majeure situation. <BR /> <BR />Public health is a big issue as well. Members have already spoken about the need for testing, testing, testing, and that applies to rural areas as well.”
“A lot of those are done online, so a lot of our farmers are leaving their farms and going to agents, neighbours or friends to get the forms completed online, requiring them to meet up with other people. Farmers leave these until the last number of weeks, so that is something that causes a great deal of concern for farm support workers and agents. There is also the fact that, in areas like mine, there is very poor broadband, so it is not even an option to complete the single farm payment application form online, because broadband does not exist in many areas. The average age of farmers is 58, and a lot of them are not from the computer generation and need assistance. That creates extra concerns.”
“<BR /> <BR />Finally, the Committee explored with officials the two-year sunset clause in the Bill and heard that are already amendments in the House of Commons to include six-monthly reviews, and that is all I want to say in my capacity as Chairperson of the Committee. <BR /> <BR />I want to add a few comments as Sinn Féin's spokesperson for agriculture and rural affairs. I have been contacted a lot by farmers and their families who are hugely anxious about the implications of this virus for their health and safety, and indeed their futures. I have also been contacted by agents. The Minister will know that we are approaching the 15 May deadline for the submission of applications for single farm payments.”
“<BR /> <BR />The Committee also asked about the issue that is on many people's minds: food availability, supplies in the supermarkets and the manner in which some people are hoarding food. It was made clear that these clauses do not deal with that issue. <BR /> <BR />Members also explored with officials what plans are in place to communicate the provisions and powers in the Bill to the companies and businesses that will be affected. We heard that, because this is predominantly about the national food chains, across Britain and here, communication will be in the hands of DEFRA.”
“We are also informed that it is envisaged that these powers will be used only in rare circumstances. In fact, officials pointed out that if such circumstances emerged, it would be likely that they will have come to the attention of the appropriate authority. The Committee asked about the type of circumstances in which this could happen, and it heard about one example when commercially sensitive information was at stake. Some businesses might be very reluctant to disclose that type of information. <BR /> <BR />The Committee heard that, as a sanction, there could be a financial penalty of up to 1% of turnover for either the non-provision or the provision of false information. This is the level set out in legalisation dealing with the Groceries Code Adjudicator.”
“<BR /> <BR />The commencement of the powers would also require the consent of the devolved authorities, but not the devolved legislatures. The Committee questioned DEARA officials about that and expressed some unease with the approach, but it recognised that it is expedient for the circumstances that we are in. The Committee appreciates that this LCM is not following the normal process for legislative scrutiny. In normal situations we engage in democratic scrutiny of legislation, but the approach now reflects the extraordinary challenges that we are facing. <BR /> <BR />The Committee was also informed that there will be a memorandum of understanding between the four legislatures on how this will work in practice. If needed, the Committee will of course request briefings on why and how the provision in the clauses was activated.”
“It is meant to apply to companies and businesses that substantially affect, or that occupy a strategically important place in, the food supply chain. However, it will not apply to individuals or sole traders, such as farmers. <BR /> <BR />To be clear, there is already a voluntary agreement in place between the Government and the food retailers. It is anticipated that the information that might be required would continue to be provided on a voluntary basis. It is only if that voluntary route does not work that the provisions to require information will be activated. Activation of the powers will be subject to a commencement order which is, in effect, the only piece of secondary legislation in these DEARA-related clauses and schedules.”
“Officials were able to provide the Committee with a copy of clauses 23 to 27 at the meeting. We heard that these clauses concern the provision of information about the food supply chain. The clauses provide either the Secretary of State or DEARA with the appropriate authority to require information in connection with disruption, or perceived disruption, to the food supply chain. These clauses apply across Britain and here in the North. <BR /> <BR />This requirement will apply to any organisation involved in the food supply chain, from producer to processor and on to the retailer. It could, for example, apply to packaging companies or to companies involved in the feed or fertiliser industries.”
“I am speaking today on behalf of the Agriculture, Environment and Rural Affairs Committee. <BR /> <BR />However, before I move to the Committee's opinion on the relevant clauses in the Bill, I take this opportunity to express its sympathies to the families of those who have died, not just here, but across these islands, Europe and, indeed, the world. I express the Committee's appreciation and gratitude to all those working in healthcare: we owe them a huge amount. I also express gratitude to the front-line workers and community-sector organisations who are doing wonderful work at a local level. <BR /> <BR />Departmental officials briefed the Committee on the clauses relevant to DEARA on Thursday 19 March, namely clauses 23 to 27 and schedule 14, which are about the food supply.”
“There are many challenges facing the sector, and this will at least give farmers at some degree of certainty for this and the coming year.”
“Indeed, on Thursday, officials will give the Committee a briefing from the Department's perspective, focusing on legislative and operational matters and what advice they will give to the industry. Indeed, the matter arose when the LMC was at Committee last week. The point was made that there are exceptional challenges for the farming community, as it is perhaps more challenging to deep-clean farms and factories than other institutions, and it is difficult to lock down a food supply chain. In this era of great uncertainty, anxiety and unrest, we need to appreciate our farmers and food producers more than ever so that they can give us the security and supply of food that we need. <BR /> <BR />We welcome the motion.”
“There are many challenges posed by the immigration-points rules that the British Home Office proposes. Many of the farmers that I met over the weekend — and no doubt some in the Chamber — are relieved that the red diesel rebate was spared in last week's Budget. However, we are also looking at possible removal of the agricultural property relief, which could lead to inheritance tax and the inhibiting of the intergenerational renewal of farms. Again, that feeds into concern for the future. <BR /> <BR />Of course, our most prevalent concern is how to deal with coronavirus. The Minister will no doubt be heavily involved in trying to work out the Department's plan on that.”
“That is absolutely crucial, as is the continuation of the direct payments. Whilst we have certainty this year and guarantees that the amount will remain the same for the remainder of the Westminster mandate, we do not know what will happen after that. We see farmers in Britain effectively being incentivised to leave farming. We do not know what implications that will have for the future here. <BR /> <BR />We are also looking at changes such as the immigration-points rules that the Home Office plans to bring in. They will have a huge impact here, particularly on our food-processing sector. There are factories and food processors here, up to 90% of whose employees are new nationals. We also have about 1,500 seasonal workers who come here, particularly at harvest time, and are hugely important to the industry.”
“That is really important. People who are not farmers should realise that, whilst the farmer is subsidised to produce food, the subsidy is, effectively, passed on to the consumer, who is able to buy food for a reasonable price. That is a really important point; people who are not farmers think that farmers are getting grants and support but do not realise that the subsidy is passed on to the consumer who can, then, buy traceable, tasty, nutritious food at a good price that they can afford. <BR /> <BR />Low farm-gate prices is a huge issue, as is climate challenges. We also have the challenges of Brexit. Something that has come up in the Committee, time and again, is the prospect of Britain diverging from here and the EU regulations and the implications for the market given that 75% of our produce goes into Britain.”
“The representatives of the Livestock and Meat Commission (LMC) who attended last Thursday's Committee meeting drew on that point as well; that the direct payments are crucial for the sector to survive and, particularly, to try to stem the decline of the beef and lamb sector. The certainty around the direct payment, for this year at least, is very welcome. People from rural backgrounds will know that our farmers face a great many issues, including climate change. That is maybe more profoundly felt in the hills and severely disadvantaged areas. <BR /> <BR />We have looked at many other issues, including income. We noted recently that farmers' incomes had dropped by a staggering 25% in the last year. That should also be noted in the context that the overwhelming majority of a farmer's income comes in the form of direct support.”
“The topic of the direct payment permeates strongly throughout agricultural and rural communities. Indeed, throughout our scrutiny of the Agriculture Bill and the statutory rule that is before us today, the issue of direct payments runs very deep. Recently, we received research findings from Dr Dobbs and Dr Gravey of Queen's University, which indicated that, without the direct payments, as many as 30% of farms would cease to exist. That, in turn, would result in high levels of land abandonment, unemployment and, obviously, knock-on implications for services in rural areas. <BR /> <BR />In my constituency of West Tyrone, single farm payments totalled £43 million last year; that is the absolute backbone of our rural economy. Without that, the effect on farming families would be absolutely phenomenal.”
“The Committee also learned that the jurisdictions of England, Scotland and Wales have made a similar technical amendments using their own procedures. <BR /> <BR />The Committee posed a number of questions to the DAERA officials, including on confirmation that the funding allocation for 2020 was still estimated to be £293 million and that the timelines for the 2020 payment year would remain the same for the application and assessment process. We are glad to say that the Department confirmed that that was the position and that it is still on track to process and issue 100% of the payments from mid-October onwards. The Committee was content with the proposals from the Department and recommends that the statutory rule is confirmed by the Assembly. <BR /> <BR />I turn more broadly to my role as spokesperson on agriculture and rural affairs.”
“The Committee considered the issue and indicated that it had no concerns or objections. <BR /> <BR />The Committee received a further oral briefing from the Department on 12 March on the proposals to bring forward the statutory rule, entitled the Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) Regulations 2020. The officials advised the Committee that the regulation is minor and technical in nature and will provide assurance that direct payments will continue to be processed for the 2020 claim year. We very much welcomed confirmation from the officials who came before us at the Committee last Thursday that the full payment amount will be made in October. That will be very welcome in the farming community.”
“<BR /> <BR />Members welcomed the reassurance from the Department that no changes to the application process were planned that could have the potential to complicate matters further for farmers. That was one aspect on which we had been lobbied very heavily by the farming sector. The sector very much welcomes the fact that there will be no complications or changes, and that it will, effectively, be a rollover for 2020. <BR /> <BR />At its meeting on 27 February, the Committee considered a written briefing on an SL1 for a statutory rule, arising out of the Act, on the direct payment to farmers. We are debating that statutory rule today. The SL1 made it clear that there was an urgent need to correct deficiencies in domestic legislation relating to the 2020 payments to farmers.”
“The Act provides powers to fill the legal gap that was created through the withdrawal agreement of 19 October 2019, and incorporates EU legislation into domestic law for the direct payments scheme for the claim year 2020. It also creates delegated powers to make subordinate regulations to ensure that legislation operates effectively from a domestic perspective. The delegated powers in the Act also enable any deficiencies in domestic legislation in respect of the 2020 scheme to be corrected. Members welcomed the legislation and forthcoming subordinate legislation, which will ensure that the Department has the ability to administer direct payments to farmers without any delay, as well as being able to process payments to eligible farmers for the 2020 claim year.”
“I thank the Minister for moving the motion. I welcome the opportunity to speak as Chairperson of the Committee for Agriculture, Environment and Rural Affairs and to outline the Committee's views on the motion. <BR /> <BR />The Committee became aware of the changes to direct payments to farmers when it received a briefing from the Department on 21 January 2020. At that meeting, officials updated the Committee on its proposal to ask the Assembly to give legislative consent to the Direct Payments to Farmers (Legislative Continuity) Act 2020. <BR /> <BR />Members heard that EU direct payments legislation, which provided the legal basis for common agricultural policy pillar 1 support to farmers, would no longer apply from exit day on 31 January 2020.”
“I thank the Minister for her response and her assurance that this remains a top priority for her Department. Will she also give an assurance that she will continue to liaise with her counterparts in the South on future funding for the road? At the outset when the road was envisaged, it was planned that more than one of the phases, or, indeed, all the phases, would move ahead simultaneously. Will she give an assurance that she will continue to liaise with her counterpart in Dublin to ensure that the scheme moves forward, once we get past all the outstanding hurdles?”
“The Minister will be aware that 30 homes were flooded in Sion Mills in, I think, August last year. I am aware that her Department is considering improvement to the drainage network in that area to prevent it happening again. Is there any update on that work?”
“The Minister partially answered my question. Has he given active consideration to introducing a derelict land tax that would perhaps discourage speculative landbanking?”
“He would also have been proud at the weekend, when the county won: the under-16s, under-17s and under-20s, who were successful against Donegal and are now going through to the All-Ireland semi-final on St Patrick's Day at Croke Park against Dublin, just like he did in 1948. <BR /> <BR />I will conclude by expressing my condolences to his family, and I will just give a wee final quote. In an 'Irish News' interview in 2000, he said:”
“On learning of the passing of Barney Eastwood last night, the Tyrone GAA posted, "Anocht is uaigneach Tír Eoghain", "Tyrone is lonely tonight". The remark was on the passing of a GAA legend who won an All-Ireland medal in 1948 with Tyrone against Dublin and who was a stalwart of the GAA in Tyrone and, indeed, throughout Ulster during some lean and difficult years. As I said, he won an All-Ireland medal against Dublin for the Tyrone Minors in 1948, and, according to his family, it was one of the most treasured possessions that he had. No doubt, he would have been very proud of how the team has progressed in recent decades, winning the All-Ireland Senior Football Championships in 2003, 2005 and 2008.”
“I thank the Minister for his response. He will be aware from my previous question to him in his former role as Education Minister that we are very interested in Project Stratum in the Fermanagh and Omagh District Council area, which has the worst access on these islands to superfast broadband. Does he believe that the Department for the Economy is accurate in its assessment that 18,390 fewer premises will require superfast broadband under Project Stratum?”
“I also think, and hopefully the Member will agree, that pitting areas against each other is very divisive and not a very helpful way to proceed.”
“I thank Philip for taking the intervention. I should have made a point of order earlier, but, in relation to the EQIA, that has not been tested by the Equality Commission because the date between the decision and the complaint being made to the Equality Commission exceeded 12 months. It did not pass that threshold. The decision was made, and it was only some time later, through the Department's own statistics, that it was realised that 67% of people in ANC areas were from the Catholic community. Religion is a protected category under section 75 of the Northern Ireland Act. That is the reason. <BR /> <BR />On the €333 per hectare, I can tell you that, up in the hills, people do not get near that. You are talking about entitlements of £100 or, maybe, £80 per hectare. That does not stack up across the North.”
“Does the Minister accept that the so-called uplift that he talks about happened only because farmers in the SDAs had been labouring well below the regional average for years and years?”
“I take the opportunity to commend the family of young Enda Dolan, who was killed in an accident a number of years ago. The family have been campaigning relentlessly for appropriate sentences for those convicted of killing people in such circumstances. Does the Minister agree that it will be important that, if any sentencing changes are to come about, the punishment must fit the crime and act as a deterrent, particularly in situations where no remorse is shown?”
“I thank the Minister for giving way. Will the Minister accept that his constituency, 35% of which is designated as a severely disadvantaged area, has very limited options for farmers? If we drive them and totally force them on productivity, it will be really challenging for those farmers. Very little can be done when dealing with mountains, hills, slopes, stony land and bad soil. Does he not accept that? It is not a case of, "Give us the money". This is about the farmers who live on hills and in bad areas and are very hard-pressed. It is not a case of, "Give us the money".”
“Does the Member accept that, when the entitlements were introduced in, I think, 2005, sheep and hill farmers had been labouring under an unfairly low average entitlement and that this was the only chance of getting a bit of equality?”
“In conclusion, there is now an opportunity under the new powers in the Bill to introduce a new areas of natural constraint scheme, and we call for the Minister to use his power to introduce the scheme as a priority.”
“Indeed, at the Committee recently, the UFU made the point that the support payment to farmers in the South must be tracked and, if possible, matched so that the North can compete in an all-Ireland economy with counterparts in the South. I should also have pointed out that almost 50% of suckler cows and 60% of the ewe population is grazed on the severely disadvantaged areas, so the production of livestock in the hill and upland areas is crucial to supporting the finishers and the red meat industry in the North.”
“We can see the devastating impact that the withdrawal of that funding has had on farmers as we speak. According to DAERA's own figures, the number of suckler cows is at its lowest since 1998. The withdrawal of the ANC payment is a contributory factor to that and the loss of farmers' income. The total income from farming fell by 25% between 2018 and 2019. That is all compounded by the uncertainty caused by Brexit. <BR /> <BR />In the South of Ireland, the Government have invested more heavily in agriculture. For example, €250 million is available to the Department of Agriculture, Food and the Marine towards its ANC payment, and there are a range of other support schemes and the area-based single farm payment.”
“We responded to the DAERA consultation on the option for a basic payment scheme entitlement unit. We made it very clear that the Department should continue the transition towards the flat rate and emphasised the need to support farmers in severely disadvantaged areas and continue the ANC. We have made the case very strongly to departmental officials that the redistribution of pillar 1 funding does not constitute substantial mitigation for the withdrawal of the ANC payment. We told the Department that the failure to mitigate the withdrawal of the ANC payment would result in negative, adverse impact on farmers who live in severely disadvantaged areas. I should say that this payment continues throughout the EU, in the South of Ireland and in Scotland.”
“We are now five years into the seven years of that transition period. <BR /> <BR />I should add a caveat: we have always been concerned that, even if the seven-year transition period was implemented and all farmers received the same flat rate of €330 per hectare by 2021, farmers in the ANC scheme with land in severely disadvantaged areas still deserve that additional mitigating payment:”
“Turning to single farm payment, because the two are interconnected, it is important to note that, for historical reasons, the per-hectare entitlement of farmers in severely disadvantaged areas is below the regional average. In 2014, the then Minister, Michelle O'Neill, set in place a transition towards an equal rate, which is sometimes referred to as a flat rate, whereby, over the course of the seven-year transition period, farmers' payments that were below the regional average would incrementally increase, and farmers' payments that were above the regional average would incrementally decrease, until all farmers received the same amount per area-based entitlement by 2021. I think that the predicted value was in the region of €330 per hectare. However, I have noted that Mr Poots is intent on halting that transition towards equality.”
“At the time, Sinn Féin expressed concern that the Department had not applied the proper regard to meeting its statutory functions under section 75 to promote equality of opportunity, because it is a matter of fact that certain sections of the community are more adversely impacted upon by that decision than others. It is well documented that hill farmers struggle to make an income. The ANC allowance was important for farmers to tackle the barriers to hill farming and help make it become more viable. Indeed, the guide to the 2018 ANC scheme states that:”
“That is a good summary of the challenges. <BR /> <BR />Indeed, the former Agriculture Minister Michelle O'Neill, who is now the deputy First Minister, took the decision to go some way towards addressing that disadvantage by introducing the ANC scheme in the rural development programme for 2014 to 2020. That was a follow-on from her predecessors, the former Ministers Michelle Gildernew and Bríd Rodgers, who, in their time, continued with the less-favoured areas (LFA) compensation allowance. As I stated previously, that type of support had been available since 1975. <BR /> <BR />A subsequent Minister in 2016 made the decision to withdraw those mitigating measures and, in the process, created these additional challenges and inequalities.”
“Hill farmers and farmers who are not on hills but are in areas that are designated areas of natural constraint need that mitigating payment because of the additional challenges that they face. The payment exists to create a more level playing field with lowland producers and, indeed, with their counterparts in the South, who are fortunate enough still to have the EU support and access to a wider range of support schemes than the rest of the country. <BR /> <BR />A policy document that accompanies a recent report from the National Farmers' Union (NFU) states that the value of hill farming must be recognised in order to shape the social and economic needs of people living in rural areas and that weather, rising costs and disease lead to hill farmers getting less for their produce while facing increasing production costs.”
“Yes, I agree with that. As I said, the evidence that we received in Committee recently shows that, if direct support to our farms ends, at least 30% of them will go out of business. Although I do not have figures for the LFAs and ANCs, I am certain that the percentage would be much higher than 30% in such areas. Yes, land abandonment absolutely has a huge environmental impact, as well as having wider social and economic impacts. <BR /> <BR />Farmers in those areas are very restricted in the choices that they can make. They do not have the option to rotate their crops and they cannot grow cereals. As much as they can do is maintain their grasslands and their beef and sheep. They are at the end of the livestock production chain and vulnerable to price fluctuations.”
“Farms rely on EU direct support, especially those in ANCs, which to many farmers are better known as less-favoured areas. Farmers are producers of food, but they are also the custodians of the countryside. Without direct support, as many as 30% of farms will go out of business. Those are figures that we received from Queen's recently. That would result in land abandonment and have a huge negative impact on the rural economy and local services. As such, it is vital that we tailor an agriculture policy to the needs of farming in the North. Indeed, we are undertaking that process at present.”