Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 18th May 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to these two short statutory instruments, which are closely interrelated. The first is a short SI concerned with sanitary and phytosanitary checks to ensure efficient pest and disease control, which is extremely important. Previous speakers have spoken knowledgably and from experience on this subject.

This is all about border control, yet the EM makes no mention of Northern Ireland, but deals with England, Scotland, and Wales. Given that this is extremely important, I am surprised that we are debating this only today, on 18 May. The SI came into force on 1 April, as the previous regulations ceased on 31 March. This is all very retrospective and unsatisfactory.

I am concerned that paragraph 7.5 of the Explanatory Memorandum states that although businesses could

“attempt to comply with control requirements”,

the Government do not think this is necessary and they will not be enforced. Is this safe? Are the Government, in their anxiety to assist businesses, not opening a loophole which could see the importation of diseased material?

The SI on plant health deals with the payment of fees from England to Northern Ireland. Can the Minister say whether there is a similar arrangement from Northern Ireland to the UK or whether this a one-way arrangement only?

This is a fairly straightforward SI on the face of it, and appears to be solely about the waiving of fees for pre-export and export certification services. However, I have one concern about the wording at paragraph 2.4 of the Explanatory Memorandum, which states:

“The exemption also applies to movements of goods by private individuals in their passenger baggage.”


This Minister referred to this in his opening remarks. I am by no means a frequent global traveller, but one thing I have experienced is that, if you fly out of GB to another country, taking plants and plant products, even for your private consumption on the flight, is not permitted. Given the rise in pests and pest-borne diseases, and the decimation they can bring to our plant life, it seems odd to be allowing individual travellers to carry plant products in their luggage without an exemption certificate, and likely to be a recipe for disaster. Perhaps I have misunderstood the meaning of this paragraph, and I would be grateful if the Minister can provide some clarification.

I have two other comments on this SI. First, new paragraph 2(d), which is inserted by Regulation 2, refers to

“introduction into, and movement within and out of Northern Ireland”.

There is, however, no mention of the destination after leaving Northern Ireland. Is it to be assumed that it is always going to be England, Scotland, or Wales? I am extremely grateful to the noble Lord, Lord Taylor of Holbeach, for sharing his experience with us. It has been most helpful.

Secondly, new paragraph (4B), which is inserted by Regulation 3(2)(b), states that new paragraph (4A)

“ceases to have effect at the end of 31st December 2022.”

What is proposed to happen then? Presumably fees will be introduced, as the noble Lord, Lord Taylor, suggested. What is the likely scale of these fees? Will this be a burden for businesses which will have benefited from a fee holiday? The noble Lord, Lord Taylor, referred to a possible increase in fees.

I am generally content with these two SIs, but there are some worrying aspects to this, and I look forward to the Minister’s concluding remarks.