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Farming

Supreme Court ruling paves way for new wages law

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supremeUP TO 1500 agricultural workers in Pembrokeshire could benefit from a Supreme Court ruling which gives the Welsh Government a green light to set up an Agricultural Advisory Panel to oversee farm wages and promote the development of the agricultural sector. The Welsh Government first tried to introduce an Agricultural Sector (Wales) Bill last year, but the Bill was challenged by the UK Government which claimed that it was outside the scope of the Welsh Government’s powers. The matter was referred to the Supreme Court which has come out in favour of the Welsh Government and pronounced the Bill to be lawful. The Agricultural Sector (Wales) Bill can now be submitted for Royal Assent and is expected to become law later this month. Following Royal Assent, the Welsh Government will launch a 12-week public consultation on the proposed constitution and functions of the new Agricultural Advisory Panel. The Bill with give over 13,000 agricultural workers across Wales a degree of wage protection that was lost when the Conservative-led Coalition Government in Westminster abolished the Agricultural Wages Board for England and Wales in 2013. This is the second time the UK Government has challenged the legislative competence of the Welsh Government, at significant cost to the taxpayer. On both occasions the Supreme Court has ruled in favour of the Welsh Government. Delyth Evans, Labour’s Parliamentary Candidate for South Pembrokeshire, welcomed the Supreme Court’s decision. “This is good news for agricultural workers in Pembrokeshire because it means their wages, sick pay and other working conditions will be protected. It could affect as many as 1500 permanent and casual farm workers in the county who work long hours for low wages. It is another example of the Welsh Labour Government standing up for working people, and the UK Coalition Government in Westminster trying to deny them basic employment protection.”

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Farming

FUW open letter urges against Brexit protest votes in EU election

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THE FARMERS’ UNION OF WALES (FUW) has warned that protest votes in Thursday’s election in favour of hard-line Brexit MEPs will damage agriculture, rural communities, and the UK’s reputation on the international stage.

Speaking at the NSA biennial Sheep Event at Glynllifon yesterday (May 21), FUW President Glyn Roberts described the European Elections as one of the most unusual in living memory, but warned votes should not be treated lightly or be used to send a message of frustration to mainstream politicians.

Mr Roberts said: “That frustration is understandable, as is the fatigue we all endure around Brexit, having seen mistakes at every turn and so many promises broken.

“But the dangers of placing symbolic votes for single-issue hard-line Brexit politicians who have no manifestos to speak of cannot be underestimated.”

A vote for those who would see us rapidly exiting the EU – rather than doing so over a realistic and safe timetable – would hit farmers and rural communities hard and cause untold damage to our economy, warned Mr Roberts.

He said: “We must look at the facts, not the rhetoric, and recognise that the only way in which to make Brexit a success is to be patient and cautious.”

The union has long warned of the dangers of trying to untangle too quickly the UK from an EU which it has spent almost half a century becoming more aligned with.

“Rash decisions and votes born of frustration with the failures of mainstream politicians can only lead to long-lasting economic and social damage to our food producers and security, and our communities and nations as a whole,” said Mr Roberts.

Mr Roberts highlighted that import tariff rates, published by the UK Government in mid-March, were a fraction of those which would apply to the tariffs UK farmers would have to pay to export – an approach championed by Nigel Farage, who admitted in 2018 that: “It could be the [sic] lowering of standards in terms of what we buy in our shops, and it could be bad news for farmers.”

In addition, some candidates say that, if elected, they will use their time in the European Parliament to be a disruptive force.

“My fear is that such individuals will send messages across the EU and the World that the UK is anything but a mature country which is open to trade and fit to play a role on the international stage,”said Mr Roberts. “Rather, it will close doors across the World and further undermine our international reputation.

“We must ensure the Members of the European Parliament we do elect genuinely represent Wales and the UK’s long term interests, by acting with respect, honour and diplomacy,” said Mr Roberts.

“We must build bridges with their counterparts and officials from across the European Union – the people with whom the UK will in coming months have to negotiate a favourable trade deal if the affluent markets on our doorstep are to remain open to essential trade.”

Mr Roberts also sent a stark warning about the rise of extremism, saying that symbolic votes for popularist politicians who are very much to the right of conventional politics, some with links to the extreme right, brought to mind what was seen across Europe in the 1930s.

“The frustrations with the Brexit process and desire for ‘Britishness’ is understandable, but – whilst I regard myself as a Welshman, first and foremost – I do not believe that such a lurch to the right would reflect true Britishness. In fact, it would be a move towards the sort of politics against which battles were fought seventy five years ago to protect our nations and freedoms,” Mr Roberts added.

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Farming

Farming faces zero carbon challenge

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AN AMBITIOUS new target to reduce greenhouse gas emissions to zero by 2050 will lead to significant changes in farming practices over the coming decades, according to a leading agri-environment specialist.

Professor Iain Donnison, Head of the Institute of Biological, Environmental & Rural Sciences (IBERS) at Aberystwyth University, was responding to the publication of ‘Net Zero: The UK’s contribution to stopping global warming’ published by the UK Government Committee on Climate Change.

Professor Donnison is an expert on agriculture and land use, which feature in the report in terms of targets for one-fifth of agricultural land to be used for forestry, bioenergy crops and peatland restoration.

According to Professor Donnison, such a reduction is very ambitious but achievable in Wales and the wider UK. “Land use can positively contribute towards achieving the net zero targets, but there are challenges in relation to emissions from agriculture especially associated with red meat and dairy,” said Professor Donnison.

“In IBERS we are already working on how to make livestock agriculture less carbon intensive and developing new diversification options for the farming of carbon. For example, net zero targets could provide significant diversification opportunities for both farmers and industries that make use of biomass and wood for the production of energy, materials including in construction and for wider environmental benefits.”

Professor Donnison added: “The report gives a clear message regarding the importance of the task and the role that the UK can play to compensate for past emissions and to help play a leadership role in creating a greener future.

“The report says it seeks to be based on current technologies that can be deployed and achievable targets. One-fifth of agricultural land is a very ambitious target but I believe that through the approaches proposed it is achievable (e.g. for bioenergy crops it fits in with published targets for the UK). This is based on the knowledge and technologies we have now regarding how to do this, and because right now in the UK we are developing a new agricultural policy that looks beyond the common agriculture policy (CAP). For example, the 25-year Environment plan published by Defra envisages payment for public goods which could provide a policy mechanism to help ensure that the appropriate approaches are implemented in the appropriate places.

“The scale of the change, however, should not be underestimated, although agriculture is a sector that has previously successfully responded to challenges such as for increased food production. The additional challenge will be to ensure that we deliver all the benefits we wish to see from land: food, carbon and greenhouse gas (GHG) management and wider environmental benefits, whilst managing the challenge of the impacts of climate change.

“The link is made between healthy diets with less red meat consumption and future reductions in greenhouse gas emissions from agriculture. This reflects that agriculture will likely go through significant change over the coming decades as a result of changes in consumer diets.

“Net Zero targets, however, could provide significant diversification opportunities for both farmers and industries that make use of biomass and wood for the production of energy, materials including in construction and for wider environmental benefits.”

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Farming

HSE fees up 20%

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A FEE imposed on farm businesses found to be in breach of health and safety legislation has gone up nearly 20% to £154/hr.

Since October 2012 the Health and Safety Executive has operated a cost recovery regime, which means that businesses are charged for the costs of an investigation from the point a material breach has been identified through to the point when a decision is made on enforcement action.

If you are found to be in material breach of health and safety law, you will have to pay for the time it takes the HSE to identify the breach and help you put things right. This includes investigating and taking enforcement action. This charging scheme is known as a Fee for Intervention (FFI).

Robert Gazely, farm consultant and health and safety specialist for Strutt & Parker said: “A material breach is something which an inspector considers serious enough that they need to formally write to the business requiring action to be taken. Once an inspector gives a farmer this written notification of contravention (NoC), the farmer will be expected to pay a fee. 

“From 6 April 2019, the hourly charge has been increased from £129 to £154. The final bill will be based on the total amount of time it takes the HSE inspector to identify the breach and their work to help put things right.

“Of course, the primary reason for farms to be proactive in their approach to health and safety should be to protect themselves, their families and any employees.

“The number of people who are killed and injured each year on farms remains stubbornly high and the human cost of these incidents can be incalculable to those affected.

“But taking a safety-first approach should also help farm businesses to avoid a financial hit, as the HSE fees can mount up in the event of an investigation.”

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