Leaving the EU: Customs Arrangements

Debate between Stephen Hammond and Hywel Williams

Tuesday 10th July 2018 Westminster Hall

[Stephen Hammond (Wimbledon) (Con)]

I beg to move,

That this House has considered customs arrangements after the UK leaves the EU.

It is a pleasure to see you in the Chair this afternoon, Mr Streeter. I am particularly grateful to have been selected to lead this debate. I led a debate on the European Free Trade Association and the European economic area in February, which I believe has brought that argument and some of the arguments around it to the fore. I see this debate as very much part of an evolving evaluation of the necessary arrangements that our country will need to put in place to secure free trade with the European Union and the rest of the world post March 2019.

This debate on customs arrangements follows and builds on what I was saying in February, because in my view, EEA-EFTA takes us some way towards achieving the aim of frictionless trade with the European Union post-Brexit, but without the satisfactory customs arrangements there will still be barriers to prevent our achieving that. That has been demonstrated to anyone who has spoken to the Norwegians and the Swedes, the Americans and the Canadians, and the Swiss. Anyone who suggests that those borders operate frictionlessly at the moment would be under a misapprehension.

I recognise, as I said to one or two colleagues as I wandered in, that today’s debate takes place in a vacuum. On Friday, the Government announced their ambition, which I welcome, for an EU-UK free trade area for goods, with a common rulebook and a labour mobility framework. The vacuum on the other side is that we are yet to see the much-awaited White Paper. I hope the Minister will confirm, despite all the rumours that have been swilling around this morning, that the White Paper will be published on Thursday.

I want to concentrate on those customs arrangements. Much of the debate about our post-Brexit customs arrangements has been about style over substance. Whether it is “the” or “a” customs union, max fac, new customs partnership or a facilitated customs arrangement, frankly, I do not care what it is called. As far as I am concerned, it can be called anything you like. The test must be whether the customs arrangements that we put in place protect jobs and businesses, avoid a hard border in Ireland, allow for frictionless trade and reflect the realities of the ports of our country. That is why I have always supported the Prime Minister’s customs plan as stated in the Lancaster House speech, in which, I remind colleagues, she said:

“Whether that means we must reach a completely new customs agreement, become an associate member of the Customs Union in some way, or remain a signatory to some elements of it, I hold no preconceived position. I have an open mind on how we do it. It is not the means that matter, but the ends.”

That is clearly true. It is not the means that matter, but the end.

The risks facing businesses, if we do not get this right, are clear. First, and overwhelmingly, in terms of customs, there is “rules of origin” risk and the requirements that places on trade. Those are most significant for exporters, if we do not come up with a satisfactory solution. The rules of origin requirements prove the country of origin for a product and they are essential for qualifying for lower tariffs. They are established to ensure that a finished good, and anything going into it from the supply chain, comes from the area that it is stated to have come from. Only then will it qualify to move across the border, and qualify for the tariff regime that is established for it. They are also needed to ensure that tariffs are not avoided by shipping goods through a country with a lower tariff, which could undermine the tariff regime.

When it comes to exporting food, proving origin can be quite simple: it is either grown in a country or it is not; but when it comes to the export of cars, for example, it is extraordinarily complex. The composition of each nut and bolt needs to be assessed, to ensure that enough of the car’s origin allows it to qualify for the lower tariffs. That affects not only the car industry, but pretty much any industry with a complex supply chain.

[Hywel Williams (Arfon) (PC)]

That is even more the case with aircraft wings. The Airbus plants in north-east Wales have a central part in the Welsh economy. Components cross EU internal borders several times before finally being assembled. The danger is extreme to our local economy, as well as our participation in the wider project.

[Stephen Hammond]

The hon. Gentleman is completely right and he guesses my next point. I was about to say that rules of origin should not be underestimated or lightly dismissed with the usual line that these issues were not a problem before we joined the EU, or by the extraordinary assertion—heard last week—that manufacturers would somehow be able to get cheaper components from somewhere else in the world. To return to my fabled car, in the 1970s, before we joined the European Union—or the European Economic Community, as it was then—a car made in the west midlands had its supply chain solely from that area. Now, as the hon. Gentleman is rightly pointing out about aircraft wings—it is true for cars, too—that supply chain has sources all over Europe and will usually see multiple cross-border movements before it is completed.

The suggestion that cheaper components could be sourced from anywhere else in the world betrays a fundamental lack of knowledge of the integrated nature of manufacturing in the 21st-century world. The response to someone making those assertions can only be, “Get real!” Moreover, the significance of this burden is shown by the previous Government’s balance of competence review into the EU, which highlighted that the costs associated with rules of origin ranged from 4% to 15% of the value of trade. That is why the chief executive of the Chemical Industries Association told the House of Lords Committee that rules of origin add a “substantial level of bureaucracy” as

“the cost of providing the technical proof that a chemical or any other manufactured product originates from the EU or the UK, bearing in mind that”—

particularly for chemicals—

“there could be several stages of synthesis involved”,

would

“clearly outweigh the benefit of duty-free”

or tariff-free sales.

Currently, exporters need to fill out one form, at most, for VAT purposes. If we do not come to a satisfactory arrangement, exporters would need to fill out more paperwork. Furthermore, the UK could use access to the EU databases and the e-customs systems, which make this processing even easier.

[Stephen Hammond]

My hon. Friend is absolutely right about the example that she gives—the car industry. Her Majesty’s Revenue and Customs has given us clear evidence on this, as well, in terms of the extra bureaucracy. It estimates that 180,000 exporters will now need to make a customs declaration for the first time, having not needed to do so previously. That is in addition to the 141,000 exporters that currently make a declaration for trade outside the EU. That extra bureaucracy is roughly in the small amount of £4 billion a year. Anyone who thinks that is a price worth paying, with the cost being put on industry, should think again.

Some have said that this is a price worth paying to pursue free trade agreements with new markets—markets that will bring us huge new rewards—but the supply chains that will be impacted by these new barriers cannot simply be removed from the EU market and integrated into a new market. They have taken decades to build up and are facilitated by free trade in the EU. By most conventional expectations, it would take further decades for EU exporters to embed themselves in new markets and new supply chains.

The extra requirements would also require physical infrastructure at borders to deal with customs processes. Currently, few checks are required on EU goods at ports, so ports have customs infrastructure in place to deal with non-EU imports only. Given that less than 1% of the lorries arriving through the port of Dover or the channel tunnel require customs checks, there is very little infrastructure, and there is no reason for there to be more.

That is also true on the other side. When representatives from the port of Calais came to speak to the Treasury Committee, they made the point that they have so far made no investment in infrastructure. Whether they will be able to deal with the new customs arrangements by the end of the implementation period without more infrastructure being put in place, or indeed without substantial delays at the port, is not only open to question, but evidence to the Select Committee proved it to be so.

The port of Dover estimates that even a two-minute delay in customs processing would lead to a 17-mile queue from Dover. Even short delays would have an impact on the just-in-time production lines that my hon. Friend the Member for Eddisbury (Antoinette Sandbach) mentioned, with costs compounding each time a component crosses from the EU to the UK or vice versa. As I said earlier, in the car process, that usually happens between three and four times.

[Hywel Williams]

A great deal of attention has been paid to Dover and Calais and the east-west, north-south routes, but much less has been paid to the Dublin-Holyhead route, although Holyhead is the second-busiest roll-on roll-off port in the United Kingdom. In the Exiting the European Union Committee, when I asked the now former Secretary of State for Exiting the European Union, the right hon. Member for Haltemprice and Howden (Mr Davis), what consideration had been given to Holyhead, he said that none had been given. That was some time ago. I asked the Secretary of State for Wales when he had last visited Holyhead, and he said it was in April 2017. Does the hon. Gentleman share my despair that that route has not received the attention that it requires?

[Stephen Hammond]

Again the hon. Gentleman guesses what I was about to say next. I was using the ports of Dover and Calais as examples of ports across the United Kingdom. Of course, it would also require restrictions and a border infrastructure to be in place between the two ports he mentions.

Over the last few years, some people have called that project fear, but the reality is that we are facing risks to our economy and to people’s jobs. In the last two weeks, businesses such as Airbus and Jaguar Land Rover have been increasingly vocal about these events and the risks. A recent Institute of Directors poll found that business leaders want a post-Brexit customs arrangement that avoids the new customs processes and maximises EU market access by minimising regulatory divergence. Warnings from big employers and investors in the UK should not be ignored, and certainly not by a Government who are committed to protecting jobs and enhancing employment opportunities.

--- Later in debate ---

[Stephen Hammond]

The hon. Gentleman is clearly a learned man and I take his view that the great Shakespearean themes are perception and reality, and reality becomes perception and the other way round. But that is not true of course, and it is for those of us who are in this place to stand up and base our decisions on evidence, and to speak the truth. So it is absolutely clear to me that, as we need to protect jobs and businesses, and if we are ready to protect them as they are now, we do not need to sacrifice them for potential gains, if those gains look small and potentially unrealisable.

[Hywel Williams]

The hon. Gentleman is being very generous in giving way. On the point that he has just made, Michel Barnier gave evidence to the Brexit Committee last year and he said that there is a cultural difference here. He said, “Your side seems to think that this process is, ‘You give us a bit of that and we’ll give you bit of this’, whereas on the European Union’s side it is a matter of fitting our mutual desire for the most favourable terms into the rules that have been agreed by the UK Government over many years”, and until that difference in cultural perception changes we are not going to get very far.

[Stephen Hammond]

I thank the hon. Gentleman for that point; I hear him and I will look carefully at the Select Committee’s report on that point.

In concluding, I will make a few remarks to the Minister. I hope that he will be able to outline how the Government’s proposals will overcome the costly non-tariff barriers that I spent some time outlining and took a number of interventions about earlier. I also hope that he can reassure us about the steps the Government will take to ensure that the new customs arrangements will be fully ready and tested by the end of the implementation period. I would obviously like to be assured that the Government, and in particular the Department for Transport, have a plan to ensure that our ports and ports on the EU side will be ready for any changes.

Governments should always put the creation and protection of jobs and livelihoods first. While we are leaving the EU, we should not sacrifice people’s livelihoods. That is not what people voted for; whatever they voted for, they certainly did not vote for that. Therefore, it is important to listen to the voice of business.

As I have said, I drafted this speech on Friday and it has gone through one or two reiterations since, on the basis of what has happened, and it will probably go through another one when I see things on Thursday. Nevertheless, I welcome Friday’s agreement. Clearly, we should welcome the fact that it aims to remove the need for tariffs, customs checks and controls. It will be called a facilitated customs arrangement. I understand that the White Paper was going to be published on Thursday; perhaps the Minister might care to give us some detail on how a facilitated customs arrangement is intended to work.

I have taken a number of interventions because this is an extraordinarily important subject. It goes to the essence of what we need to put in place before we leave the European Union and why. Many of us would say that these issues should have been sorted a long time ago, but we are making a good start now. I hope that this debate will contribute to people’s understanding of some of the issues that this country’s businesses will face as we leave the European Union.