The UK Agriculture Bill ("the Bill") was introduced to the House of Commons and given its First Reading on 12 September 2018. The Second Reading took place on 10 October 2018. A legislative consent memorandum has been lodged by the Scottish Government on the Bill.

The Bill seeks to provide the legal framework required to transition out of the EU, replace the Common Agricultural Policy (CAP) and deliver a range of reforms. It lays the foundations for a future system based on public money for public goods, for the next generation of farmers and land managers. The Bill consists of 7 parts and includes a variety of provisions. For example, it deals with:

• giving the Secretary of State new powers to provide financial assistance to those managing the land and delivering public benefits such as air and water quality, public access and productivity.

• the phasing out of direct payments.

• the potential to 'delink' payments from farming requirements

• data collection

• market interventions and standards

• producer Organisations and Fairness in the Supply Chain; and.

• World Trade Organisation obligations.

The UK Government and the Scottish Government have differing views as to how the Bill affects devolved administrations. The UK Government has stated that it does not need to seek consent from the Scottish Parliament on this Bill because it considers that it does not legislate in areas of devolved competence in Scotland.

The Scottish Government considers that the UK Agriculture Bill is a relevant Bill under Rule 9B.1 of the Parliament's Standing Orders. However, it has said that it will not bring forward legislative consent motions for primary Brexit legislation such as the Agriculture Bill until the Sewel Convention is ’made operable again’.

In the Scottish Parliament Chamber on 26 September 2018 Fergus Ewing MSP, Cabinet Secretary for Rural Economy and Connectivity said - "unfortunately, the current UK Agriculture Bill impinges on devolved powers in three respects." These three areas are -

• clauses 22- 24 on producer organisations: Debate surrounds whether the purpose of this clause is the promotion of an effective agricultural market (which is devolved) or the regulation of anti-competitive practices (which is reserved).

• clause 25 on fair dealing obligations: Debate is around whether the clause is directed at unfair contractual terms, which is a devolved matter, or anti-competitive agreements and practices which is reserved.

• clause 26 on the World Trade Organisation (WTO) agreement on agriculture: Debate has arisen as to whether the purpose of the WTO clause is to regulate international trade (which is reserved) or to implement and observe international obligations (which is devolved).

A SPICe briefing on the Bill sets out the detail on how the respective views of the Scottish and UK governments differ.

The Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing MSP, lodged the LCM on 29 October 2018. The memorandum was referred to the Rural Economy and Connectivity Committee as lead committee by the Bureau on 30 October 2018. As the Bill does not included any powers for Scottish Ministers to make subordinate legislation, the Delegated Powers and Law Reform Committee did not consider the LCM.