Source · Select Committees · Environment, Food and Rural Affairs Committee
Recommendation 16
16
Accepted in Part
Border Force inadequately enforces personal import rules, lacking POAO understanding and focused teams.
Conclusion
Border Force is not adequately fulfilling its responsibility to enforce personal import rules relating to animal products; it has too many competing priorities and officers lack understanding of product of animal origin (POAO) rules and seizures. Border Force and port health authorities have shown that they can work well together in teams, but port health authorities are needlessly inhibited by a lack of powers and funding. Britain needs expert teams at the border with a single focus on animal products; these teams could target their operations based on POAO-specific intelligence and begin to address this crisis. (Conclusion, Paragraph 45)
Government response summary AI-generated
The Government partially accepts this recommendation. They state that Port health authorities already have enforcement powers and they are not planning to extend these powers but that Defra and DPHA have resolved the immediate issue relating to the use of official veterinarians and Defra is content that DPHA should be able to determine how best to staff the service they provide. Defra is in active and positive discussions with DPHA regarding the provision of funding for financial year 2026/27, including consideration of an increase in funding.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Accepted in Part
HM Government · verbatim extract
Accepted in Part
The Trade in Animals and Related Products Regulations (2011) designate local and port health authorities as enforcement authorities in England for animal products. These Regulations already provide the enforcement authorities with search and seize powers. It is also an offence under these Regulations for a person to intentionally obstruct an enforcement officer, which includes failing to provide reasonable assistance or information and providing false or misleading information. The Government has no current plans to legislate to extend to local authorities and port health authorities, the detention powers afforded to Border Force under the Customs and Excise Management Act 1979. There would be considerable difficulties in amending the necessary legislation before an SPS Agreement is implemented and limited benefits to doing so before it is understood how the SPS negotiations could affect future enforcement needs. The current delivery model enables Border Force to work in partnership with other specialist enforcement authorities with complementary powers, for example local and port health authorities in relation specifically to illegal animal products. For example, searches undertaken targeting illegally imported animal products could instead uncover other illicit goods which local and port health authority officials are not well equipped to deal with. Port health authority functions are funded via fees on a full cost recovery basis. The provision of funding to DPHA to work with Border Force is a unique arrangement reflecting the specific challenges identified at the Short Straits. The Government does not intend to replicate this arrangement elsewhere as doing so would not be proportionate or sustainable under the current spending review. Defra is open to revisiting the idea of legislative change to stop, search and seize powers in the future. This could be pursued as part of a potential wider GB strategic approach referenced elsewhere in this document, which would follow our initial work focussed on the Short Straits. As part of this initial work focused on the Short Straits, we will actively discuss with DPHA, their proposals in this area. If any changes to these powers is considered, it will be done with close engagement with all port health authorities to understand how they would be impacted. As part of our work to prepare for the implementation of the SPS Agreement between the UK and the EU, Defra is considering the likely impact on PHA staffing owing to the reduction in controls on commercial imports. We agree that there may be some opportunities to consider re-deployment to support activity relating to illegal movements, although this would be limited by the constraints regarding funding as referenced above. As such, the Government partially accepts this recommendation.
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