Checks on Goods Entering UK

Debate between Mark Spencer and Sammy Wilson

Monday 29th April 2024 Commons Chamber

[Sir Mark Spencer]

The hon. Gentleman is right to highlight how important that sector is to the UK economy; that is why we want to protect those growing flowers here in the UK from any diseases that may be imported via products that have not come through the right channels with the right documentation. We want to keep the growing sector in the UK safe from any of those diseases; that is why we are introducing these checks.

[Sammy Wilson (East Antrim) (DUP)]

The border operating model will not apply on trade between Northern Ireland and Great Britain; those trade routes are exempt. However, given the record of dodgy products being manufactured in the Irish Republic and brought through Northern Ireland to GB, can the Minister give an assurance that, should that route be used either by Republic of Ireland producers or other EU producers, he will not be installing checks on Northern Ireland to GB trade, which is so important to the Northern Ireland food industry and economy?

[Sir Mark Spencer]

Of course, we recognise the importance of the Northern Ireland economy, and we want to ensure that Northern Ireland feels part of the United Kingdom. We will do everything we can to limit any impact. As the right hon. Gentleman identifies, there is currently no timescale for the introduction of the way in which we will monitor and work with those who are moving goods across from that part of the United Kingdom. We want to ensure that that does not become a back-door route, and we will continue to have conversations with the authorities in that part of the world.

Animal Welfare (Livestock Exports) Bill (Instruction)

Debate between Mark Spencer and Sammy Wilson

Monday 15th January 2024 Commons Chamber

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

The instruction would need to be agreed if we are to consider certain amendments tabled by the right hon. Member for East Antrim (Sammy Wilson) in Committee of the whole House. I am enormously sympathetic to his plight and arguments. I am grateful to him for meeting me privately last week to discuss his proposals, which seek to add Northern Ireland to the territorial scope of the Bill. In effect, his proposal is that the ban on livestock exports for slaughter would apply on a UK-wide basis, rather than GB-wide.

There is a crucial difference, as he is aware, between Northern Ireland and the rest of the UK with respect to the movement of livestock. Farmers in Northern Ireland routinely move animals to the Republic of Ireland for slaughter and fattening. Indeed, in 2022, around 3,500 cattle, 17,000 pigs and 337,000 sheep were moved in that way. The Bill must not jeopardise the access that Northern Irish farmers have to the Republic. That is a point on which I hope the right hon. Gentleman and I agree, as all hon. Members across the House would. His aim is to create a targeted exemption to the expanded ban: the prohibition would not apply to slaughter movements with an end destination in the Republic of Ireland. Unfortunately, that proposal is not an option that is available to us. That is because a range of international agreements and their core principles, including WTO rules, prevent discrimination against different countries in that way. Given that such a carve-out is not possible, extending the Bill to Northern Ireland would end all livestock exports for slaughter and fattening from Northern Ireland, including to the Republic of Ireland, and that is why the Bill is drafted in that respect on its territorial extent.

[Sammy Wilson]

The Minister knows that eight exceptions are listed by the WTO where it is possible to target trade interventions, and one of them is on the basis of animal health. Does he accept that taking animals from the north of Northern Ireland through the whole island of Ireland, on a 24-hour boat journey to southern France or southern Spain without food, risks animal health and is therefore an exception that we should at least be testing with the WTO, but we cannot do that if we do not accept the instruction?

[Mark Spencer]

As the right hon. Gentleman knows from our discussions last week, I am enormously sympathetic to his view but, as he will be aware, those movements from the Republic of Ireland to the continent of Europe are a matter for the European Union. That is what we heard from the hon. Member for North Down (Stephen Farry). My understanding is that the EU is looking at some of those rules as we speak. That is, of course, a matter for the Republic of Ireland and the EU, and we cannot in this House legislate for other nations.

If we were to transpose “Republic of Ireland” and “Belgium”, for example, other nations would challenge completely one nation being favoured above others. We could not say, “We won’t export animals for fattening or slaughter to anywhere in the world, apart from Belgium.” That would be challenged instantly by the international trade bodies, and we would lose in court—that is the legal advice I have been given—so the Government are not in a position to put forward legislation that we know is not legally sound.

I am enormously sympathetic to the view of the right hon. Member for East Antrim and, of course, I agree with him. I do not want to see sheep and cattle moved from Belfast all the way to Madrid. That is not what we want to see happen, but we do not have the power to stop that at this moment. That is why it is critical that we protect the Northern Irish economy. Extending livestock exports from Northern Ireland in that way would be devastating if we were to stop them moving to the Republic. I understand his desire for a modified ban to apply in Northern Ireland. However, it is just not possible under our international obligations, and making such a provision for the whole of the United Kingdom in this Bill is not appropriate at this time. I therefore appeal to him, respectfully and hopefully, to find a way to withdraw his motion, in the knowledge that we have enormous sympathy for his position.

--- Later in debate ---

[Mark Spencer]

This Bill is genuinely a Brexit benefit: we are able to take control of our ports within GB and stop the live export of animals for slaughter or for fattening. That is a genuine Brexit benefit and one that I hope we can now start to debate. I hope the right hon. Member for East Antrim will withdraw his motion.

[Sammy Wilson]

I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

Animal Welfare (Livestock Exports) Bill  

Debate between Mark Spencer and Sammy Wilson

Monday 15th January 2024 Commons Chamber

[Mark Spencer]

I hope the hon. Lady will recognise that tonight is a big step forward. We have a huge chunk of the kept animals Bill, and I believe that early in March there will be a private Member’s Bill, on which we will of course deliver. Let me contrast that with what happened under Labour by taking the hon. Lady back to July 2009. This was the answer to a question from a Labour Member about what Labour intended to do about the export of live animals:

“The export of live animals is a lawful trade and to restrict it would be contrary to free trade rules. Such trade must, though, adhere to the standards set out in health and welfare rules.”—[Official Report, 20 July 2009; Vol. 496, c. 716W.]

The Labour Government had the opportunity to do this in 2009, and chose not to.

Let me now turn to Third Reading. I do not want to detain the House for too long, but I am hugely grateful to Members on both sides of the House who have contributed to the scrutiny of the Bill and have been present during its passage to ensure that this trade is consigned to history. I know that the topic of live exports is close to the hearts of a great many Members, and it is been cheering and wonderful to hear so many parliamentarians speak in support of the Bill.

[Sammy Wilson]

While the Minister is receiving accolades from the Members behind him for the work that he has done on animal welfare, may I express, on behalf of people in Northern Ireland, the disappointment that is felt about the fact that a Conservative and Unionist Government have not applied the same law to the place where most live animal exports come from? The Minister has not extended the animal welfare protections because the Government are more interested in cosying up to the EU than in dealing with the issues that affect people throughout the United Kingdom.

[Mark Spencer]

I am not going to argue with the right hon. Gentleman. We agree on much more than we disagree on, and I will not sour this moment by being drawn into such an argument. The right hon. Gentleman knows how much sympathy I have for his political desires, and I am enormously sympathetic to his desire to hold the United Kingdom together. He has my commitment to work with him and his colleagues to ensure that the United Kingdom remains intact.

Animal Welfare (Livestock Exports) Bill

Debate between Mark Spencer and Sammy Wilson

2nd reading
Monday 18th December 2023 Commons Chamber

[Mark Spencer]

I am always delighted to meet my hon. Friends. Should my diary allow, I am sure we can find a slot for that to happen.

I pay tribute to all colleagues who have participated today.

[Sammy Wilson]

rose—

[Mark Spencer]

I thought I had got away with it, but I will give way.

[Sammy Wilson]

I thank the Minister. I hope that he was not coming to a conclusion, but was about to address the very important point that I raised in the debate. The Bill should include animal welfare provisions right across the United Kingdom. There is a route by which his concerns about cross-border trade between Northern Ireland and the Irish Republic would be dealt with, while at the same time ensuring no loophole for long journeys for animals into continental Europe. Will he take that up in Committee?

[Mark Spencer]

I commit to continuing this conversation with the right hon. Gentleman beyond the Chamber. I should be clear that livestock transported for slaughter from Great Britain to Northern Ireland must go directly to a slaughterhouse. It would be an offence for them to move anywhere else. On arrival at the slaughterhouse, the animals and the accompanying health certificates must be presented to the Department of Agriculture, Environment and Rural Affairs officer at that point. Livestock exported for any other purpose—not for slaughter—would need to remain at the place of destination in Northern Ireland for a minimum of 30 days and be re-tagged. That is necessary to comply with the animal identification requirements after arriving in Northern Ireland.

The requirements would mean that livestock must remain in Northern Ireland for a minimum of 30 days, and would make the slaughter trade uneconomic in those circumstances. I am more than happy to continue the conversation with him offline. We have given some thought to this and have had conversations with our friends both in the Ulster Farmers’ Union and Northern Ireland.

Border Target Operating Model: Food and Biosecurity

Debate between Mark Spencer and Sammy Wilson

Wednesday 13th September 2023 Westminster Hall

[Mark Spencer]

The Windsor framework sets out the criteria for trade between GB and Northern Ireland. We are keen to facilitate that border and to work with businesses in Northern Ireland. We want Northern Ireland to feel very much part of the United Kingdom, as I know the hon. Lady does, which is why we are trying to make sure that that trading operation flows as freely as possible.

[Sammy Wilson (East Antrim) (DUP)]

I think the Minister may have misunderstood the question. It is not about GB to Northern Ireland. Now that the border control model is going to refer to goods going into GB, will there be any checks on Northern Ireland qualifying goods going from Northern Ireland into GB—or, as my hon. Friend the Member for Upper Bann (Carla Lockhart) asked, will people be free to drive through without any checks at all?

[Mark Spencer]

I am not quite sure that I fully understand. Is the right hon. Gentleman talking about trade coming from Northern Ireland to the European Union?

[Sammy Wilson]

No, to GB.

--- Later in debate ---

[Mark Spencer]

Let me take another intervention and let the right hon. Gentleman try to explain the question again.

[Sammy Wilson]

We are talking about trade from Northern Ireland into GB—trade that the Government have said will be totally unfettered. Since the border operating model will require goods going into GB to have checks, the question is: will Northern Ireland goods then be subject to checks going into GB?

[Mark Spencer]

My apologies; I now understand the question that the right hon. Gentleman is asking. The TOM does not change controls on qualifying Northern Ireland goods. They will still benefit from completely unfettered access. It should not affect that at all.

Let me just return to what we are doing on the new controls.

[Sammy Wilson]

Will the Minister give way?

[Mark Spencer]

I will take another intervention, but I do want to respond to my hon. Friend the Member for Dover.

[Sammy Wilson]

There will be goods travelling from the Irish Republic via Northern Ireland—through the port of Larne or through Belfast—into Cairnryan. How will a distinction be made between loads of Northern Ireland qualifying goods and goods coming, for example, from the Irish Republic, which is part of the EU, through Northern Ireland and into GB? What criteria will be put in place to ensure that those goods are checked but Northern Ireland ones are not?

[Mark Spencer]

I am very conscious that this is a debate about the Dover straits, and I do not want to be diverted into a debate about the Windsor framework, but I understand the right hon. Gentleman’s passion on the topic. We are setting out how the Windsor framework will operate in the future; as I have said to him, we are very keen to ensure that trade is as free as possible between Northern Ireland and the rest of GB.

Let me return to the controls that we are introducing. On 31 January, we are introducing health certification on imports of medium-risk animal products, plants, plant products, and high-risk food and feed of non-animal origin from the EU. On 30 April 2024, we will introduce the documentary and risk-based identity and physical checks on medium-risk animal products, plants, plant products, and high-risk food and feed of non-animal origin from the EU. We will also begin to simplify imports from non-EU countries. On 31 October 2024, the requirement for safety and security declarations for imports into Great Britain from the EU or from other territories will come into force. Alongside that, we will introduce a reduced dataset for imports, and use of the UK single trade window will remove duplication.

In response to the feedback on the draft TOM, we have also improved the trusted trader offer for animal products, designed a new certification logistics pilot to support movements of goods from hubs in the EU, and provided further information on how we will support importers using groupage models to move sanitary and phytosanitary goods into the UK.

We are confident that the decision to move controls back by three months achieves the right balance between supporting business readiness ahead of the introduction of the controls and mitigating biosecurity risk to the UK. In the meantime, DEFRA has implemented controls on the highest-risk imports of live animals and plants from the EU. We will continue to support and fund port health authorities to manage UK biosecurity, including controls to protect against African swine fever.

As was promised when we published the UK 2025 border strategy in 2020, the TOM introduces a range of technological advances to ensure a fully 21st-century border that facilitates UK trade. The development of a single trade window will make the process for importing to the UK simpler and more streamlined, enabling importers to meet their border obligations by submitting information only once.

Let me turn to the facilities in Kent. To implement the SPS controls regime, we need the right infrastructure, particularly in Kent, where the port of Dover and the Eurotunnel are the main points of entry for the majority of EU SPS imports. Further to the publication of the TOM, and based on data gathered, the Government are reviewing our BCP needs in Kent and reviewing whether two inland BCPs—one at Sevington and one at Bastion Point—are needed to serve the volume of SPS goods transiting the port of Dover and the Eurotunnel. As the infrastructure was constructed for a previous border model, which required more intensive checks, it is only right that the Government review the operating arrangements to ensure that they are proportionate to our needs and are cost-effective for traders using the short straits.

I am grateful to my hon. Friend the Member for Dover for sharing her views on the matter in such a forceful way. She is a passionate advocate for her constituency, which is important to the UK’s security. As she knows, we will be in touch shortly with a decision on this important matter. I thank her again for securing the debate, and I thank all colleagues who have participated.

Draft Windsor Framework (Enforcement etc.) Regulations 2023

Debate between Mark Spencer and Sammy Wilson

Monday 11th September 2023 General Committees

[Mark Spencer]

We are very keen to expedite this as quickly as possible. Obviously, no one will be planting a tree at this moment in time and we will then move into winter. I will clarify in writing exactly when we hope to have this in place, but we are conscious that we do not want barriers. We want to allow free market movement of goods wherever possible.

I turn to my friend from Northern Ireland, the right hon. Member for East Antrim. I understand his passion and his commitment to Northern Ireland, and we share many of his ambitions. Of course we want Northern Ireland to remain part of the United Kingdom, but in creating the Windsor framework, we are trying to address the challenges that were brought forward through the protocol. He criticises us for not consulting Northern Ireland and those who are affected, but of course there is huge pressure to try to solve this challenge. I know that he would be one of those voices—indeed he was—saying, “Let’s try and overcome the challenges that we face in the protocol.” These are the solutions that we have brought forward and we are trying to expedite those solutions as quickly as possible.

The Windsor framework achieves a long-standing UK Government objective of restoring the smooth flow in trade within the UK internal market. By pursuing a green lane for the movement of goods from GB to Northern Ireland, supporting Northern Ireland’s place in the UK, it restores that smooth flow of trade within the internal market by removing some of those unnecessary burdens that disrupted east-west trade.

[Sammy Wilson]

When one thinks of smooth trade, one thinks of a lorry leaving here in London and going up to Scotland or Wales: it does not get stopped; it does not need to have labels on the goods; the final destination of the goods does not need to be known; it does not need a trusted trader arrangement for the people involved; and it does not need export papers. How can the Minister claim, when all that has to be in place for goods going to Northern Ireland that are purely for consumption in Northern Ireland, that that can be regarded as smooth trade? It would not be regarded as smooth trade if people had to do it in GB.

[Mark Spencer]

Again, I hesitate to wade in, because such matters are often way above my pay grade. However, we have to recognise that there are a number of challenges, not least of which are that we have to respect the Good Friday agreement and we have to respect the phytosanitary integrity of the island of Ireland. That is why we are devising these processes to try to expedite and ease that trade as much as possible while respecting all those other challenges that we face as a Government. We need the regulations so that we continue trade with Northern Ireland.

[Sammy Wilson]

I appreciate the Minister’s point about safeguarding the Northern Ireland market and making sure that goods are compliant, including with UK law. However, he was the one who emphasised this point in his speech, and it is also emphasised in the explanatory memorandum, so could he explain to me what dangers the UK Government see in goods going from GB into Northern Ireland that could harm Northern Ireland consumers? Is there a volume of goods, and what sectors of the economy are those goods coming from, that require these kinds of checks because he and his explanatory memorandum have emphasised that this is one of the main reasons for the checks?

[Mark Spencer]

I am grateful for the right hon. Gentleman’s intervention, but this is about the phytosanitary protection of the island of Ireland. Of course, we have obligations to try to mitigate the spread of any diseases in the United Kingdom. For example, we have measures in place with the Welsh Government, and we have operations that will restrict movement of plants across the United Kingdom to protect other parts of the UK from the spread of disease. It will be similar to moving an infected tree from London to Edinburgh, or from London to Shropshire. We need measures in place to ensure that we do not unwittingly spread disease around the United Kingdom.

The right hon. Member for Leeds Central asked a specific question about titanium dioxide. I will do my best to answer him, but I am more than happy to write to him if he does not feel my answer is adequate. The regulations mean that food items containing titanium dioxide, which is now banned in the EU, can lawfully be sent for sale to consumers in Northern Ireland. Under the Windsor framework, more 60 pieces of EU legislation have been disapplied on retail agrifood goods moving from Great Britain to Northern Ireland under the Northern Ireland retail movement scheme. GB standards will apply instead. That food additive remains authorised for use in Great Britain, so prepacked agrifood goods with this additive may be moved from GB to Northern Ireland under the Northern Ireland retail movement scheme for supply to Northern Ireland consumers. That is consistent with a UK market.

Animal Welfare

Debate between Mark Spencer and Sammy Wilson

Thursday 25th May 2023 Commons Chamber

[Mark Spencer]

That is just wrong. This demonstrates that we think there is a better and more efficient and effective way to deliver the things we have committed to. The good news is that the hon. Gentleman will have the opportunity to help and support the Government in delivering them as these measures go through the House, albeit in a different format. I look forward to seeing him in the Lobby supporting the measures we are going to bring forward.

[Sammy Wilson (East Antrim) (DUP)]

My constituents do not really care whether these issues are dealt with in one big Bill or a series of single-issue Bills; what they are concerned about is that the Government deliver on the promises they made to protect animals from cruelty. My constituents are no different from the Minister’s, and many of them write to me regularly about animal cruelty issues and about how they want the Government to act.

Unfortunately, many of the proposals the Government are promising to bring forward today cannot apply in Northern Ireland because the laws in Northern Ireland are made not by this Government but by the European Union as a result of the Northern Ireland protocol and the Windsor framework, including those on the export of live animals, the import of mutilated dogs, hunting trophies imports and—if the Government decide to bring forward legislation on it—the import of foie gras. What can the Minister do to ensure that my constituents have the same benefits of such legislation as those in other parts of the United Kingdom?

[Mark Spencer]

Characteristically, the right hon. Gentleman speaks directly and frankly, and I support lots of his comments about wanting to deliver on animal welfare. We are trying to achieve that through this statement, albeit through a different vehicle from that originally proposed. He tempts me to stray into areas that are way beyond the remit of the Department for Environment, Food and Rural Affairs, but I know his concerns are recognised in Government Departments and not least in Downing Street, and I know that they will seek to help him with the challenges he faces.