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

Baroness Jones of Whitchurch Excerpts

Tuesday 18th May 2021 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction to these SIs. While they are broadly technical in nature, I have a number of questions on which I would like clarification.

Dealing first with the trade and official controls SI, I accept that this debate is taking place after the SI came into effect on 31 March, but nevertheless it raises some concerns. We have dealt with a number of SIs on similar themes over the past year. Each time, we ask whether businesses will be ready to operate the new processes and whether the IT systems will be in place. On each occasion, we receive reassurances from the responding Minister, only to find that further delays in implementing the new regime are necessary.

In December, when we were dealing with an earlier SI which introduced delays, the noble Lord, Lord Gardiner, reassured us that a shift in introducing the new processes from 1 January to 1 April would

“allow us to maintain the highly effective sanitary and phytosanitary regime, while allowing businesses time to prepare for our new import requirements”.—[Official Report, 2/12/20; col. GC 179.]

He specifically argued that introducing the new import controls on a phased basis would give businesses—many of which had been impacted by Covid—time to adjust.

We now have a new set of deadlines before us today, and the reason given in the Explanatory Memorandum is:

“This extension will allow businesses affected by the pandemic to familiarise themselves with the new SPS compliance requirements and IT systems, and enable workable migration from current systems.”


Does the Minister accept that, despite previous reassurances, businesses were clearly being put under unreasonable pressure to set up the new compliance systems? Does he accept that trying to rush it through risked jeopardising the viability of import companies which were struggling then to understand the complexities of the administrative system set up by Defra? Can he clarify what the industry response has been to the new deadlines?

The Explanatory Memorandum states that stakeholders had not been formally consulted but it was expected that these amendments would be received positively. Since the amendments represent a further delay, this was clearly to be expected, but has anyone asked them whether they are confident they can have the new processes up and running by 31 July and 31 December respectively? Otherwise, is there not a danger that we will be back here again, with another SI making further changes to the timetable?

While on this subject, can the Minister also update us on the development of the IPAFFS IT system? This issue was raised by the noble Baroness, Lady Ritchie. In a letter to the Secondary Legislation Scrutiny Committee, the department said that, from 1 January 2021, the system was being used for live animal and high-risk food products, and that its functionality was now being extended to include plants and plant products. Can the Minister clarify whether the new IT system now covers all animal and plant products, or is there more work still to be done? Can he also update the Committee on the development of the border control posts infrastructure? By the new deadlines contained in this SI, will there be the comprehensive biosecurity checks that should be required at all border posts? Is the Minister confident that enough staff will have been recruited and trained to staff the posts? Can he update us as to whether sufficient veterinary staff with appropriate qualifications will be in place to ensure that proper checks can take place?

We are not in a position today to oppose this SI, and we have every sympathy with businesses adversely affected by the huge bureaucratic maze that the Government seem to have created. But, as my colleague Daniel Zeichner made clear in the Commons when it considered this SI, it is also vital that we put in place robust biosecurity measures equal to those that we previously enjoyed in the EU. I hope the Minister can explain when we are likely to receive the same protections on food safety and security that we previously took for granted when we were in the EU.

Turning briefly to the second SI—on plant health miscellaneous fees—we accept that these proposals are necessary to ensure that our colleagues in Northern Ireland are not penalised by changes to export certification costs on plant and wood products. This is one small measure that highlights the difficulties that Northern Ireland businesses are having to tolerate to carry on trading, as was well illustrated by the example from the noble Lord, Lord Taylor, of dry flower bulbs needing five inspection certificates. Can the Minister explain why this problem was not picked up earlier and clarify whether a comprehensive review of fees charged when goods are moving from England to Northern Ireland is now taking place? Can we expect further SIs covering different aspects of trade costs to ensure that Northern Ireland is not further disadvantaged by the new trade arrangements?

Also, paragraph 7.3 of the Explanatory Memorandum notes:

“Scotland and Wales plan to make parallel legislation, which will have the same effect”.


As it has been some time since this SI was laid, can the Minister provide an update on the status of the devolved legislation? As several noble Lords have said, it would be helpful if there was no divergence in application by the devolved nations, either in the timescale or the content of the provisions they are making. I look forward to his response.