European Entry-Exit System Requirements: Port of Dover

Kevin Foster Excerpts

Wednesday 15th December 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Efford. I am grateful to my hon. Friend the Member for Dover (Mrs Elphicke) for securing the debate, and to other colleagues for attending it.

This is clearly a topic of some importance, and I welcome the opportunity to set out the Government’s understanding of the current position. The EU’s entry-exit system, which I will henceforth refer to as the EES for brevity, is a new means of collecting identity and travel document data and registering entry and exit records to and from the Schengen area. The introduction of the EES will affect non-EU citizens travelling into the EU’s Schengen zone. Furthermore, on routes where juxtaposed controls are in operation, such as at the port of Dover, EES checks will be undertaken by French officers prior to departure from the UK.

I have to make it clear that as a Schengen border measure, the design and implementation of the EES is a matter for the EU member states. The UK Government do not determine the rules for it, and Border Force will not administer it or be involved in its enforcement. However, as outlined by my hon. Friend, the UK clearly has an interest in its efficient implementation and operation due to the potential impacts on passengers travelling from the UK into the EU, particularly in terms of freight operations across the short straits. As mentioned, we, too, have ambitious plans for the border in order to maintain our focus on balancing fluidity and security with the future implementation of the ETA scheme. That will particularly be the case on routes that operate juxtaposed controls, as checks for the EES prior to departure from the UK will be undertaken at the Eurotunnel entrance in Dover, and at St Pancras here in London. Similarly, ETA checks will be undertaken by Border Force before departure to the UK. It is therefore very much in our interest to work with our counterparts in the EU, as well as with port and transport operators, to identify the requirements and issues involved.

Today, passenger numbers remain a fraction of pre-pandemic levels in many instances, and we are aware that the return to normal volumes of passengers, coupled with increased checks, could have the potential to cause queues. The juxtaposed controls that we operate are a unique and valuable part of the border system. As has been said, they have been in operation in a variety of locations on rail and sea transport modes for almost 30 years: they enable secure checks to be made, and allow both ourselves and our partner countries to protect our borders. Those co-operative controls operate on UK soil, and we respect the fact that UK nationals who have abused the hospitality of our European neighbours by committing criminal offences are therefore not welcome to visit those countries again—and, similarly, the other way around. We are all working together to ensure that this is a success. Last year, we completed work with our international partners to successfully extend the arrangements to cover Eurostar services to and from the Netherlands, helping to cut down the overall journey times on this important route into the UK for the travelling public.

It is probably too early to quantify these changes exactly, but they will be a key consideration in discussions around how the EES is implemented by the relevant authorities. There are innovative ways to implement changes, such as those proposed under this new system, and we very much hope our French partners are as open to them as the UK was with the introduction of the very successful EU settlement scheme. Considerations over how much of this process can take place prior to arrival at the border are ultimately a matter for France and the European Commission. However, we remain open to discussing innovative approaches that take place on UK territory, as the UK was to the juxtaposed controls when they were introduced some decades ago.

Turning to the prospect of disruption, it will obviously be the responsibility of the police aux frontières to implement the checks on behalf of the EU member states. We are engaging with France with the aim of ensuring that the checks are implemented in a way that does not damage border throughput. Specific advice will be provided to the travelling public about the introduction of the EES with a view to increasing awareness of the new travel requirements and driving up compliance for both freight and non-freight travellers. However, to be clear, the requirements apply to the person travelling, not to goods and customs arrangements, which are separate and in place already.

I accept that any combination of near-normal levels of travel with the introduction of this new system could have quite a big impact. With people familiarising themselves not only with covid travel rules but with this new system, there could be queues, particularly at Dover. However, for many years there has been a productive working relationship between Border Force and its French counterparts to maintain flows at this key location, and we are constantly talking to them to try to make sure that we can continue to maintain flows, in the interests of both our nations—beyond the introduction of the EES.

I recognise that there is a particular challenge posed by passengers in vehicles. In line with our commitments, we will work with the implementing authorities to determine the infrastructure requirements, processes and procedures that result from the introduction of the EES. To reassure my hon. Friend the Member for Dover, practicality and safety considerations for passengers in vehicles are important elements to be agreed with our French partners. As she outlined, requiring all passengers to exit vehicles to register their biometric and biographic data would be hugely challenging, and we trust that our French partners will be open to exploring alternatives, especially given the obvious safety issues around requiring passengers to mix with active traffic flows at a busy port.

We have been engaging in this area to understand, in particular, what data the Schengen entry checks and the EES will look to secure. We understand that the biometric data to be captured is a facial photograph and four fingerprints, and that, for those enrolling for the first time, it must be captured under the supervision of a border official. Likewise, to counter fraudulent use, there will be a requirement for the supervision of any enrolment kiosks for all passengers. To be clear, this is something that will be in place at all entry points to the Schengen area; it will not be unique to entry from the United Kingdom. The juxtaposed controls present a particular situation, but also an opportunity, that we need to explore and resolve.

Last week, the European Commission announced that it is planning for the implementation of the EES in September. We of course want to finalise plans for the implementation under the juxtaposed controls that are based in the UK as soon as possible; however, we cannot set particular deadlines or timelines, given that it is all subject to further discussion with our French partners, who will operate them on behalf of the Schengen zone.

We recognise the port of Dover’s role as a key entry and exit point to and from the UK for a wide variety of time-sensitive goods, as well as passengers. Prior to the pandemic in 2019, it handled 1.2 million roll-on-roll-off units—more than all other ports serving mainland EU routes combined. It is also the UK’s largest international sea passenger port, handling nearly 11 million passengers in 2019. We are therefore fully committed to protecting this vital link, and that will be a key priority in our approach to assisting our partners in an effective implementation of the EES.

I again thank my hon. Friend the Member for Dover for securing the debate, and I join her in congratulating and thanking the port of Dover for the outstanding contribution to the economy that it facilitates through seamless daily trade with our European partners. I recognise the vital work that Dover Harbour Board undertook to complete a traffic management improvement project, which delivered an additional 4 km of freight holding capacity to help to keep traffic moving and better deal with traffic peaks. As the UK’s busiest roll-on-roll-off port, Dover is a recognised pressure point at the frontier and maintaining flow is a priority for UK customs planning, without compromising border security.

Across Government, officials will continue to engage with the port, the chamber of shipping and road hauliers to work through ways in which we can ensure that the border continues to be effective through 2022, with the staged customs controls coming to an end on 1 January and the prospect of the introduction of the EES in September 2022. It will have to be a cross-Government effort. I note the request of my hon. Friend the Member for Dover for a meeting with me. That meeting would almost certainly need to involve colleagues from the Cabinet Office, who take the lead on a number of the items that she highlighted in terms of the direct relationship with the European Union. To be clear, the Home Office’s role is very much on the operational side of how Border Force and the police aux frontières can come to sensible working arrangements on the ground that suit the shared interests of our two nations.

As I have a bit of time, and a colleague from north Wales, my hon. Friend the Member for Aberconwy (Robin Millar) is in the Chamber, for anyone querying what impact this may have on, for example, Holyhead to Dublin, the answer is none, because the Republic of Ireland is not in the Schengen zone. It is obviously part of the common travel area with the United Kingdom, and therefore routine immigration controls are not in place at Holyhead or Dublin in terms of entry to the UK; however, there are provisions for intelligence-led operations. To be clear, if people are wondering why we are focusing on Dover rather than mentioning other entry points from the European economic area, it is because the EES will not apply to travel between the UK and the Republic of Ireland, due to the common travel area and the Republic not being part of the Schengen zone.

The debate has been a useful opportunity to highlight and discuss the issues. I look forward to meeting my hon. Friend the Member for Dover and Cabinet Office colleagues to discuss some of the points that have been raised. Given that the decision process is going through the European Union and being implemented by French colleagues, I hope that she will understand that sadly I cannot give some of the answers today that I would be able to give were the UK Home Office deciding and implementing the process; however, I assure her that we are committed to doing whatever we can to make sure that the border functions effectively, not just when coming into the UK but when going out of it, because we recognise the strong impact that there will be if that is not the case, particularly in Dover.

Question put and agreed to.