Draft Customs Safety and Security procedures (EU exit) regulations 2021

James Murray Excerpts

Wednesday 23rd June 2021 General Committees

[James Murray (Ealing North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Sir Gary. I am grateful for the opportunity to respond to this statutory instrument on behalf of the Opposition. As we heard, the instrument introduced by the Government seeks to waive administrative reporting requirements on certain goods moving in and out of the UK. Specifically, it provides an extension to the existing waivers on certain requirements to provide exit summary declarations until 30 September 2021, and pre-arrival safety and security entry summary declarations until 31 December 2021.

We do not oppose this instrument, because British businesses need support following the exit from the EU. We want to do all we can to support British businesses facing difficult times. However, the fact that we are back here discussing these waivers raises important questions of this Government’s approach. The Minister will be aware that he sat in a Committee on 10 December 2020 and debated this matter with my right hon. Friend the Member for Wolverhampton South East (Mr McFadden). On that day, the Committee agreed to waive requirements for pre-arrival safety and security entry summary declarations and exit summary declarations for six months until 30 June 2021.

In his speech last December, the Minister assured the Committee that

“the Government would use these powers only where absolutely necessary to preserve the smooth flow of goods at the border and after due consideration of any risks arising from their use.”—[Official Report, Fourteenth Delegated Legislation Committee, 10 December 2020; c. 4.]

My right hon. Friend pressed the Minister on whether we would be sat here again, debating a further extension of waivers. The Minister said:

“we certainly do not anticipate extending the regulations. They are specifically designed to be a contingency tool to be used in specific circumstances, for specific purposes, and for a time-limited period.”—[Official Report, Fourteenth Delegated Legislation Committee, 10 December 2020; c. 8.]

Yet here we are again. As the Minister rightly put it last December, contingency tools should be used in specific circumstances for a time-limited period. He did not anticipate extending the regulations last December, so something must have changed. Could he explain what has changed since last December? Why did he not anticipate extending the regulations then, yet today he is asking us to? How many more times does he anticipate having to extend the regulations?

In December, the Minister also noted that “due consideration” would be given, and the Government conceded that the regulations presented a trade-off with the risk to border security. The explanatory memorandum states that

“An Impact Assessment has not been prepared for this instrument because the provisions are in force for less than 12 months.”

Surely, waiving the requirement on pre-arrival safety and security entry summary declarations for six months and then extending that waiver for a further six months means that they are, in fact, in force for 12 months. Perhaps the Minister could explain whether that is the case and give us his view on whether an impact assessment should have been prepared.

The Minister previously referenced conversations and consultations taking place with the Home Office to mitigate the risk to border security. Will he update the Committee on what measures the Government are enacting to prevent smugglers and traffickers from bringing contraband into the country? At the time of the last debate on the regulations, the Minister said that data gathering on EU trade did not take place as the United Kingdom was still part of the single market. Could he update us on what data gathering arrangements are in place, so that we can have better oversight of EU trade and the associated border security risks?

I look forward to the Minister's reply. I would be grateful if he addressed all the points I have raised, and assure us that we will not be back in three or six months to seek a further extension of these time-limited contingency tools.

--- Later in debate ---

[James Murray]

Before the right hon. Gentleman concludes, will he address the point about the impact assessment? The explanatory notes state that

“An Impact Assessment has not been prepared for this instrument because the provisions are in force for less than 12 months.”

However, extending the pre-arrival safety and security entry summary declarations for six months, and a further six months, surely means they are enforced for 12 months. Could the Minister explain whether that is the case? Is it his view that an impact assessment should have been prepared?

[Jesse Norman]

I am grateful to the hon. Gentleman for raising the question. No, it is not the Government’s view that an impact assessment should have been prepared, because the regulations maintain the existing status quo in which the declarations are waived. In that sense, nothing has changed. However, I recognise the point that the hon. Gentleman raises. It is important to reflect that the Government always wish to be cognisant of the impacts of legislation that they pass, and that will continue to be true elsewhere in our legislative package as well.

Question put and agreed to.