(1) The need for proper BCPs, even under UK unilateral plans, has been implicit as far back as the Frost command paper in July 2021, though there has been a reluctance to spell out what this means in practice.
(2 ) Now we have a letter from Lord Benyon to the Lords Protocol sub-ctte. It states ‘The Government’s position has always been that the arrangements in place for the red lane will require the enhancement of existing SPS facilities at points of entry in the North of Ireland.’
(3 ) ‘The necessary construction has not taken place to date owing to wider concerns about the Protocol’s implementation. However, acting to deliver these facilities is pivotal to securing a viable and sustainable way forward on the Protocol in relation to EU-destined goods.’
(4 ) Sites for proper BCPs were identified as far back as the 2nd half of 2020, planning consent is in place & contractors were even appointed. But for various political reasons nothing was progressed & officials have been operating temporary facilities.
(5) The Defra letter continues: ‘In the absence of a NI Exec & Assembly, it will now fall to the UK Government to take that work forward. In line with that responsibility, Defra will introduce the necessary statutory instrument and relevant guidance to underpin this early in 2023.’
(6) In one respect this is just the UK Govt pressing ahead with its unilateral plans. It was obvious that the red lane would require this sort of development. Under the unilateral plan only GB goods destined for Ireland & wider EU will be checked.
(7) However it has long been an EU bugbear that proper BCPs have never been built. So the willingness of the UK to get on with it could play into the wider negotiations because these facilities will also be needed if there is an agreed outcome from the current talks.
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