My Lords, it is a pleasure to follow the noble Lord, Lord Snape, and I thank my noble friend the Minister for setting out the orders so clearly. I welcome these SIs, and the pragmatic decision to extend the time-limited regulations for a further nine months, especially because there is no clarity at all on our future EU trading relationship from next month onwards, and because of the disruption we have seen over the past few months due to the pandemic. It is inevitable that we must prepare for chaos at our ports from 1 January 2021.
My noble friend suggests that the orders may not, in fact, be needed—but I must confess that I cannot share her confidence. Whatever the outcome of the trade talks, customs declarations will be required for all British-EU trade. Even if we waive rules for the first six months, we cannot know whether the EU will do the same. If drivers do not have the correct import-export documents or customs declarations, they could be fined, and have their cargos seized or even destroyed. These SIs rightly aim to deal with the logistical consequences of the delays that this might cause at the ports and the Channel Tunnel when drivers are in Kent.
Following the traffic chaos that we have seen during 2020 as a result of hold-ups for various reasons at ports on the other side of the channel, these SIs will ensure that Operation Brock traffic controls will be extended. They also introduce some modifications. I welcome the introduction of special fast-track procedures for perishable goods, but I am more concerned about the Kent access permit for heavy commercial vehicles, to allow them to use the A2/M2 or the M20 to get to the Channel Tunnel terminal in Cheriton, or to the Port of Dover. The noble Lord, Lord Whitty, mentioned the threat of £300 fines for those who travel on local roads without a permit. I agree with him that the fine should surely be levied on the company rather than the individual driver.
All of this is certainly not what was promised when Brexit was proposed to the people of this country. Far worse than this, it is now four years since that referendum and a little over four weeks until the transition period ends, yet we are told that much of the detail that operators need for effective planning is not yet complete. I ask my noble friend what the reason for this is and how it is being considered in the current EU negotiations.
These regulations are certainly going to be required according to those directly involved. For example, the operations director of the Customs Clearance Consortium suggested that there was
“more than a 50% chance there will be delays”
on Kent roads as a result of the disruption at the ports. Earlier this month, the Commons Committee on the Future Relationship with the European Union was told by road haulage leaders that there is an 80% chance of “chaos in Kent”, as the necessary computer systems, lorry parks and customs agent needed to avoid delays were not yet in place.
I was struck by the observation that Ministers seemed to be relying on
“self-belief in their own rhetoric … that everything will be okay”.
Could my noble friend please comment on, for example, remarks by the chief executive of the Road Haulage Association that far fewer than the 50,000 customs agents needed to process the 200 million additional forms generated annually by Brexit are already in place? How many agents does her department estimate are, in fact, in place? If she does not have this, and the other, information I am asking for, please could she write to me? When will the full functionality of the IT systems needed for efficient post-Brexit operations be provided? Do the Government have information on the availability of the heat-treated pallets, which are apparently in short supply but are essential for exports to the EU from January?
I express particular concerns about smaller hauliers, which have limited resources for preparations of this magnitude. Like the noble Lord, Lord Whitty, I also tried to look up the Government’s guidance and found it difficult to identify precisely what is needed to ensure readiness. The officials preparing such documentation clearly have a much greater knowledge than those who have never had to deal with customs before because of our free movement rules within the single market and customs union. The Government have always faced significant challenges in communicating policy to the public, struggling to provide user-friendly information.
Once again, I echo the words of the noble Lord, Lord Snape, asking: when will this business handbook that was promised to help hauliers prepare for the radical new systems be in place? The idea that there will now potentially have to be passport-style checks just to get into Kent, and of then having to go through those checks and potentially still queue in giant lorry-holding facilities, is rather shocking. I echo the concerns of my noble friend Lord Bourne and others, and I ask my noble friend what restroom facilities will be available for drivers with delays of many hours. I know that we were told that Brexit would mean an end to free movement, but I do not think anyone ever imagined that that would mean ending free movement inside our own country as well.
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