Efra committee grilling reveals internal government negotiations are holding up confirmation of 1 July border checks while Defra concedes implementation could be ‘pragmatic’
The government has refused to confirm whether checks due to come in for medium risk fresh produce imports to the UK will begin as planned on 1 July.
Parliamentary under-secretary of state for Defra, Sue Hayman, and director of Animal Plant Health and Welfare, Defra, Gareth Baynham-Hughes, faced questions by the cross party Committee for Environment, Food and Rural Affairs (Efra), yesterday (6 May), after criticism from the trade around lack of information eight weeks out from the proposed new system going live.
The pair was asked to clarify the situation on easement of imports checks, which were delayed in 30 January, and would see additional physical checks and fees on medium risk products.
“At the moment that is what our intentions are, to go ahead on 1 July,” said Hayman, who said checks had been delayed because of concerns about the produce industry, and particularly trade between small businesses, not being ready.
Defra was unable to confirm how much trade would be affected by the checks on 1 July, but highlighted salad crops including tomatoes, peppers, aubergines and cucumbers as among the top affected.
Efra committee member and Conservative MP Sarah Bool said: “I think it’s very unnerving that eight weeks out that we don’t know for definite. You have to make a decision now or postpone it again. Is it a yes that you’re going ahead or not?”
Neither Hayman or Baynham-Hughes answered directly, but suggested internal government agreement on the issue had not been reached.
Baynham-Hughes said: “There is a need for collective agreement on that decision across government. There are other interests outside of Defra. The legal position is that the easement hasn’t been extended.”
Hayman said: “At the moment we are discussing it with other departments and we’re waiting to hear back.”
Efra chair Alistair Carmichael said the committee had “had a hint of EU negotiations” and asked whether the topic would be raised at the EU-UK summit on 19 May.
“We are actively working through. And that’s the reason why Defra hasn’t come out to say this is what’s happening,” said Baynham-Hughes.
Carmichael concluded by saying “it’s not acceptable the decision should be held up by internal agreements between government department.”
Hayman added conceded that “July is coming up fast” and that she would “get in touch with the sector sooner rather than later”.
Self-regulation seemingly off the table
Other points raised in the discussion included the possibility of a self-regulation model for produce companies, which may include licensed operator status or control points.
But there was no confirmation that this model, which is viewed by trade body FPC as playing a vital role in easing border friction, is under consideration.
“At the moment looking at medium risk products, we felt it was important to bring in extra checks which is what we’re doing in July,” said Hayman.
While Baynham-Hughes stressed that most produce has been taken out of regulation altogether. “There’s been a lot of deregulation in this area,” he said.
Implementation will be ‘pragmatic’
While no ground was yielded as to whether the checks will come in, there was more detail about how they might be implemented and an acknowledgement that there may be some flexibility as the scheme is embedded.
“I think the plan will be, in terms of the implementation, there’s a balance to be struck between introducing it and operating it in practice to keep the trade flowing,” said Baynham-Hughes.
“We always run this risk that you switch it on and something happens. But we don’t have the luxury of just not switching it on, because that just prolongs the gap.
“It’s about switching it on and then being proportionate and pragmatic about the immediate implementation, so you can get to the level of compliance and confidence in the system,” he said.
Another industry concern is the resourcing of border controls at ports, which are already running at full capacity.
“I know that the work is underway. All of the steps that are due to come in, are ones that can be effectively resourced within the system,” said Hayman.
A government spokesperson told FPJ that: “We continue to take a pragmatic and proportionate approach as the enforcement of Border Target Operating Model controls is scaled up and are engaging with industry to inform them of changes.
“We recently conducted a targeted stakeholder engagement on the proposed increases and are currently analysing the responses.”
