Item 5 on the agenda is the Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) (Wales) Regulations 2020. And I call on the Minister for Environment, Energy and Rural Affairs to move the motion—Lesley Griffiths.

Motion NDM7279 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

1. Approves that the draft The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) (Wales) Regulations 2020 is made in accordance with the draft laid in the Table Office on 4 February 2020.

Motion moved.

Thank you, Deputy Presiding Officer. And I move the motion. These regulations came into force at 11.00 p.m. on 31 January and amend two sets of regulations: the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014, and the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015.

The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014 make provision for the implementation of EU regulations relating to the administration of CAP. They contain provisions on control enforcement in relation to payments granted directly to farmers. They also set requirements on beneficiaries of direct payments and certain rural development payments relating to the maintenance of standards for good agricultural and environmental conditions.

The Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015 make provision in relation to the administration of direct payments to farmers under CAP support schemes. They set out a number of rules farmers must follow in order to maintain an agricultural area in a state suitable for grazing or cultivation. The amendments made by these regulations are minor, but necessary to ensure the mechanism is in place to spend up to £243 million for a basic payment scheme to farmers in 2020, made available by the UK Government. It also ensures the accuracy and efficiency of the statute book in Wales when the UK withdraws from the EU. Thank you.

We're not going to vote against this, but there are a few questions that have been raised, actually, and I think I'd be interested in hearing your response to those before we come to voting. I know that some within the sector, for example, have queried whether the legislation actually requires funding to be paid to farmers, or whether devolved nations could actually use the money for something else, if they choose to do so. If it is the latter, then clearly I think some out there would have an issue—and EU regulations wouldn't have allowed that to happen, of course. But there is a question as to whether this proposed legislation ensures or requires that that money goes to farmers who would, of course, be in receipt of that money if we were subject to the EU regulations that have been in place previously.

Also, there's a concern from some that the Bill takes account of the Bew review recommendations, which some have been quite critical of, particularly the fact that Scottish agriculture, in one of its recommendations, has received the equivalent of an additional £1,300 on average per farmer, compared to £150 per farmer in Wales on average, which means that the average Scottish farm payment is around 175 per cent of the average Welsh payment. Now, the Bill effectively opens the door for a far larger differential between Scottish farmers and farmers elsewhere in the UK. And again, EU rules would have had something to say about that. So, I'd be interested in your response to that prospect as well, because it does raise broader questions about the long term funding arrangements that we will have and how payments in future years would be administered and how funding will be allocated to devolved nations. I'm sure you'll tell us that this is a one-off for this year, very much a temporary thing—I've no reason to doubt that—but, of course, they told us that about the Barnett formula, and look where it got us.

Minister, could you respond?

Thank you, Llyr, for those questions. My understanding is absolutely it's a one-off. You'll be very aware, as I know from our discussions, that that was a historical payment in relation to Scotland. As far as I know, I've certainly not received any advice around the Bew report in relation to this legislation, but if it hadn't been amended and it wasn't in place immediately before exit date, there would be a risk that Welsh Ministers would not be able to fulfil their obligations to make payments to applicants for the entirety of the 2020 scheme here. So, I'm happy to clarify that. Thank you.

Thank you. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.