To ask the Scottish Government what discussions it has had with the UK Government regarding any impact on Scotland of its reported plan to introduce controls on imported goods and produce entering the UK, in particular those from the EU, as a consequence of Brexit.
I can advise Parliament that the UK Government has today published the Target Operating Model (TOM) for the UK which interacts with areas of devolved responsibility, this model is intended to set controls on imported goods entering the UK from the EU. It is a direct consequence of Brexit.
Over recent months the Scottish Government has worked constructively and collaboratively with the UK Government to help it meet its self-imposed deadlines, in light of our shared interest in, and responsibility for, biosecurity. In July, I signalled the Scottish Government’s agreement to the publication of the TOM as it stood at that time – despite our dissatisfaction with the process, reservations about some of the model and the fact that some key points would remain to be resolved after publication.
It was therefore hugely frustrating that the UK Government then unilaterally proposed changes to the model upon which we, and the Welsh Government, had agreed. I have been clear with UK Ministers that this approach is unacceptable.
Following a frustrating time revisiting negotiation, I have, once again, signalled to the UK Government that we are prepared to agree to the publication of the TOM. Given how imperative protecting Scotland’s consumers and businesses through robust biosecurity controls is, the UK Government’s unilateral decision to delay implementing the model is regrettable. However, I trust that publication of the model will give stakeholders both the ability to plan ahead and significant reassurance that we are acting to protect Scotland’s biosecurity.
The Scottish Government’s view remains that the best trading relationships for Scottish and UK businesses are to be found as members of the European Union. However, until Scotland is in a position to re-join the European Union and enjoy the security of its wider biosecurity controls, trade without controls on imported goods would create growing risks to biosecurity.
The Scottish Government still has a number of outstanding concerns around the model. My decision to adopt this latest version was subject to securing agreement from the UK Government that work will continue on resolving these concerns.
One such concern was around how the model interacts with the Windsor Framework. Over recent months, officials have spent a significant amount of time working through this. Stakeholders will see that the model sets out how different types of goods entering Great Britain via Ireland and Northern Ireland are to be treated. However, we will need to continue working with the UK and other Devolved Governments and other key stakeholders.
For some time now, since the UK’s exit from the EU, our Scottish exporting businesses have had to comply with strict requirements to export to the EU, while importing businesses face, and will continue to face, considerably fewer hurdles. This imbalance, alongside a disadvantageous position for Scottish businesses compared to the unique arrangements in place for Northern Ireland businesses, creates an unlevel playing field for Scottish exporters. I have pressed the UK Government to consider mechanisms to re-set this imbalance – in particular, pursuing a veterinary agreement with the EU, which would pragmatically align standards and smooth trade. It is disappointing that the UK Government continues to refuse to consider these sensible solutions.
I want to make it clear to Parliament that the Scottish Government acknowledges that there are nevertheless remaining biosecurity risks. Therefore, the Scottish Government’s agreement to the model has been contingent on UK Government commitments that these risks will be closely monitored and reviewed across all the four nations and backed by appropriate governance structures, data and intelligence sharing and technical expertise.
Similarly, as the model will need to be underpinned by legislation, our agreement to publish the TOM has only been enabled by the commitment from the UK Government that the devolution settlement will be respected.
We acknowledge that the model is imperfect and that there are considerable areas which require further work across the four nations. Given the imperative of offering clarity for businesses which have been waiting for the ‘rule book’ for some time, the Scottish Government accepts the need to adopt this model. Adoption of this model is critical if we are to protect Scotland’s people and businesses from biosecurity threats; protect the wellbeing of our people, our fauna, our flora and our natural environment; and protect the provenance of our produce. We will therefore focus attention and resources on its implementation.
We cannot risk further delay to the model. The implementation dates set out by the UK Government must be final. Should there be any suggestion of further delay, the Scottish Government will not hesitate to reconsider its position.
Further information on the model can be found on the UK Government’s website:
The Border Target Operating Model: August 2023 - GOV.UK (www.gov.uk)