Customs Safety and Security Procedures (EU Exit) (No. 2) Regulations 2019

Debate between Seema Malhotra and Kirsty Blackman

Monday 7th October 2019 General Committees

[Kirsty Blackman (Aberdeen North) (SNP)]

It is a joy to be here under your chairmanship, Mr Hanson, discussing customs once again. Along with the hon. Member for Bootle, the right hon. Member for Central Devon and many others, I have fond memories of going through the customs Bill in the House.

I have quite a few questions, mostly about the process that the legislation has followed and the logic behind our discussing the regulations today. I am very keen to know why this delegated legislation was not brought before the House in good time, before the Prorogation that did not exist. Given that we knew that the previous legislation, as the hon. Member for Bootle mentioned, took us up to only 1 October, why was this change not made previously?

Added to that, why was the change not introduced in good enough time for it to go to the sifting Committee, the European Statutory Instruments Committee, where it could have gone through the normal sifting processes and been looked at by that group of people? I am a member of the sifting Committee, and I have found it incredibly useful to go through the instruments that require sifting. We are able to give Committee members, and other Members across the House, a heads-up on things that require more scrutiny. More notice for Members is always a good thing. We have a ridiculous number of statutory instruments on the agenda today, and we have had a fairly short time to look at them. I would not imagine that the scrutiny that has been done is the best it could possibly have been, as we have not had as much time as we should have had.

The reason why I believe that the Government should or could have brought forward the information before now is the fact that they mention in the explanatory memorandum that an event was held with industry in January, when HMRC heard from industry that it did not have the capacity to comply with the security and safety changes as of exit day. The Government should have known at that point that changes would be required to the legislation, and should have made them much earlier. I would appreciate it if the Minister could let us know why that has not happened. I am focusing particularly on giving HMRC discretionary power to allow up to 12 months extra for a waiver to be granted to individuals.

Paragraph 13.3 of the explanatory notes states:

“Guidance will be published online and on social media platforms and HMRC have customer contact centres that can provide advice on what to do leading up to the UK departure date.”

Can the Minister confirm whether that guidance has already been published, seeing as this instrument was put forward in made affirmative form, and that the Government could therefore have assumed that it was likely to go through, given the choice of process? Has that guidance been published?

This morning, when I walked to school with my daughter, she asked me how many days until Halloween, because Halloween is much more important to her than Brexit day. I looked at my watch and said, “It’s 24 days.” That is 24 days for these companies to look at potential new guidance that may or may not be online at this moment in time. I do not think that that is enough time for companies to work out what they will need to do, or not do; as the hon. Member for Bootle said, there is not a huge amount of clarity about which goods, companies and organisations will be able to get the waiver, and which ones will not.

There are a huge number of instances, especially in the customs Act, but also in a number of areas around financial services, for example, in which HMRC has been given a huge amount of discretion on how to take things forward. It is being given a huge amount of power as to how to take things forward and write guidance. I understand that HMRC is the expert on this and needs a certain amount of discretionary power, but it seems to me that we are giving quite a lot of discretionary power to HMRC on this basis.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. Lady is making an important point about an area of concern. The explanatory memorandum says,

“HMRC will only use the power if needed to respond to business un-readiness that is greater than anticipated.”

It is not clear how “greater than anticipated” will be determined, how transparent the use of the power will be, or who will not be granted an extension.

[Kirsty Blackman]

I absolutely agree with the hon. Lady. In reality, the legislation does not provide more clarity to businesses. In fact, it provides less, because they do not know whether HMRC will be able to grant them the waiver using this discretionary power. Businesses will still have to prepare to put in safety and security declarations because there is no clarity from the Government on whether they definitely will or will not be included in the new regime. It would have been sensible of the UK Government to lift the clauses from the Union customs code and use them to make the customs Act work, but they chose not to.

European Union (Withdrawal) Act

Debate between Seema Malhotra and Kirsty Blackman

Monday 14th January 2019 Commons Chamber

[Kirsty Blackman]

Things were a bit different in 1993 from how they are now. We have customs checks that are required to be done. We have these production lines, and the storage time is much shorter because we have frictionless movement. If frictionless movement is so unimportant, why have the Government been prioritising it in the potential future relationship with the EU?

This is not just about the EU. The UK Government have also failed to set out exactly what the future relationship with Turkey is going to look like, for example.

Will widgets still be able to come in from Turkey in the event of a no-deal scenario?

The Secretary of State for International Trade was pressed earlier on whether free trade agreements with third countries will roll over. The UK Government have absolutely failed to let us or businesses know which countries have agreed to sign up for their free trade agreement to be rolled over in the event of a no-deal Brexit. Given that the largest manufacturing companies are preparing for a no-deal Brexit, the Government need to be up front and honest about how many of those free trade agreements will actually roll over. I have heard that, potentially, only 10 of them are ready to be rolled over. If that is the case, the Government need to tell us which 10 so that the companies exporting to or importing from those countries can make plans.

[Seema Malhotra]

Does the hon. Lady agree it is surprising we did not have a clearer answer on that from the Secretary of State? This is of paramount importance for businesses like those in my constituency that are trading under multiple trade agreements and exporting across the world.

[Kirsty Blackman]

I agree that it is absolutely vital. It is interesting that the Secretary of State was unable to give that answer. I have a named day question on this subject and am expecting a response tomorrow. I am aware of at least one organisation that has been asking the Secretary of State for Business, Energy and Industrial Strategy for the list since November and still has not received it. If the Government intend us to leave the EU on 29 March, and if they intend that we leave with no deal if this deal is not voted through, they need to tell companies about the scenario in which they will be operating after we leave the EU in those circumstances. The Government are wilfully making the situation worse by their refusal to come forward with this information.