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

Baroness Ritchie of Downpatrick Excerpts

Tuesday 18th May 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of and introduction to these two sets of regulations.

The first set relate to trade and official controls. I note that they are intended to protect biosecurity and support trade by ensuring that within Britain, and between Britain and the EU, effective official border controls continue to operate following the end of the transition period, governing imports to Britain of animals and animal products and plants and plant products, including food and other imports to the agri-food chains—collectively known as the sanitary and phytosanitary checks. This represents a failure properly to prepare for the new arrangements over all of last year and raises more questions that require detailed answers.

The important questions are these. Why are the IT systems not ready? Is the infrastructure in place at the border ports of Portsmouth et cetera? Has more construction of infrastructure to take place? Have staff been trained to undertake the new responsibilities? What discussions have taken place with the agri-food sector and the National Farmers’ Union regarding the delays? What will be the estimated costs of the damage that these delays could cause to our agri-food sector?

In actual fact, this statutory instrument postpones the date from which prior notification requirements will apply to the import of products of animal origin and prescribed types of plant and plant products from the EU into GB from 1 April to 31 July. The instrument also extends the transitional period so that phytosanitary certificates will not be required for the import of plant and plant products from the EU into GB until 31 December 2021—apparently to allow businesses more time to familiarise themselves with new information technology arrangements.

Can the Minister explain the reason for both delays? Is it due to the implementation of the IT arrangements? If this is the case, why is that? Was no preparatory work undertaken on this issue last year in advance of the TAC agreements at the end of December? Was any equality impact assessment undertaken? If so, what were the results? If no assessment was undertaken, why was that the case? Will there not be an impact on the agri-food sector? Why the lack of preparedness on the part of the Government and Defra?

I note the concerns of the House of Lords Secondary Legislation Committee, which has written to Defra about the delays in the implementation of the IT systems. The committee was advised that there would be a phased transition to the new live systems, starting in summer 2021. Can the Minister indicate how long this phased transition period will be and whether there is an estimated date for completion?

There is also, it has been suggested, a delay in getting the BCP infrastructure ready for the new BCP checks, which Defra states should be ready in October 2021, January 2022 and March 2022. What will be the financial costs of this work and has it been budgeted for within the budget timeline for this financial year?

While recognising that these regulations are required for the operation of the trade and co-operation agreement, I fail to understand the inexplicable reasons for the delays. I fully recognise that Northern Ireland will continue to operate within the EU single market under the Northern Ireland protocol. Can the Minister confirm that there will be no detrimental impact on agriculture and the agri-food sector in Northern Ireland and its relationship with GB as a result of the delay in implementing the IT and digital requirements?

A number of weeks ago we discussed the plant health fees amendment regulations, to which the noble Lord, Lord Gardiner, responded. I am pleased to say that there have been some easements. I have been contacted by the AgriSupply Coalition which stated that because of our references in that debate to its problems, there has been greater engagement by Defra with it. Defra recognised that more clarity was needed on the terms used, such as “not intended for final user”, and put out much more information. It now means seed being sown to produce a crop that will be marketed, such as a crop of OSR. This step by Defra is welcome in removing the higher fee from seed for trials in response to industry concerns.

Notwithstanding that, the industry remains vigilant about any potential divergence between all parts of the UK on the matter of seeds and plant health. Many companies located in or involved in sales around all parts of the UK remain nervous about this. This is very relevant to the implementation of the Northern Ireland protocol, so I would welcome assurances from the Minister that the area of divergence is being managed, and managed in the interests of those in the agri-food sector and the AgriSupply Coalition, which helps to supply and keep fuelled our local agricultural industry throughout the UK.

I support these statutory instruments and their two specifications. I look forward to the Minister’s response.