Agenda item

To submit a report by the Head of Regulation and Economic Development.

Councillor Richard Dew, Portfolio Member for Planning and Public Protection presented the report by the Head of Regulation and Economic Development which set out the requirements on the Council consequent upon the establishment of a Border Control Post to develop and establish a new dedicated Port Health Authority (PHA).

The withdrawal of the United Kingdom from the European Union (EU) has created a need to establish new border control arrangements and checks on imports. These new requirements have been placed on the Welsh Government as a consequence of the European Union (Withdrawal) Act 2018. Two new facilities are currently being developed at Parc Cybi, Holyhead to carry out new customs and border control check on goods entering and leaving the UK through the international port of Holyhead. HM Revenue and Customs are developing an Inland Border Facility (BF) and the Welsh Government is currently establishing a Border Control Post (BCP).

Whilst responsibility for the BCP sits with the Welsh Government under devolved powers from the UK Government, its establishment will result in additional duties being placed on the County Council as the host authority in connection with the Public Health (Control of Diseases) Act 1984 and retained EU legislation on the inspection of imports. A new dedicated Port Health Authority (PHA) with responsibility for enforcing health controls at the UK border must be established by July 2022 when checks on products of animal origin are due to be introduced in order to discharge the Council’s statutory duties which include a range of documentary, identity and physical checks.

Regulation and Economic Development officers have been engaging with the Welsh Government since August 2020 to better understand the anticipated changes to border checks. Despite the best endeavours of Officers, a lack of information and clarity has impacted on the Council’s ability to plan and prepare meaningfully for the changes to border controls. It should be noted also that the Council does not currently possess any port health expertise, capacity or capability. Whilst work on developing the PHA is being undertaken with one off grant funding from Welsh Government, there is no certainty as regards future funding beyond the potential generation of income from carrying out documentary checks. No additional financial support has been put in place for beyond March, 2022.

The Head of Regulation and Economic Development elaborated on what the Service believes are the two options available to the Council to discharge its new port health duties, namely - to establish a new arms-length PHA for Holyhead or to discharge the duties in-house within the Council without establishing a new PHA – and the pros and cons of each. He confirmed that further detailed work is required to review and assess the suitability, deliverability and affordability of the preferred option to ensure that that is the most appropriate way forward for the Council which will also cover issues such as corporate governance, risks, liabilities, costs and the requirements for support from other Council services. A PHA Operational Plan will also have to be prepared to ensure the Council is able to discharge its statutory responsibilities in a timely and compliant manner and recruitment arrangements will have to be made to ensure the availability of experienced and suitably competent officers to undertake the new duties.

In considering the report the Executive’s members expressed concern about the implications of the Council’s new statutory port health duties in terms of additional costs and resource requirements. Councillor Robin Williams, Portfolio Member for Finance highlighted the absence on the part of Welsh Government of any commitment to providing additional financial support for the development , establishment and initial operation of the new PHA, and with the only source of ongoing funding being the potential income for documentary checks undertaken, fulfilling the responsibilities of the Port health function (which does not fall to all councils in Wales) could result in a significant and unfair financial burden being placed on the Island’s taxpayers. Acknowledging the Officer’s recognition of the need to keep pressing Welsh Government on this issue, the Portfolio Member thought that this message should be reinforced in a letter directly to Welsh Government to further impress on it the need for a commitment to providing financial support in this regard.

Also highlighted as an issue was the lack of clarity and progress with regard to the development of a Border Control Post despite the Council engaging extensively with Welsh Government over a period of time to try to understand the changes to border checks. The Executive’s members felt that the lack of information and directions from Welsh Government on this point despite the best efforts of the Council’s Officers to obtain assurances in this respect, had significantly impacted on the Council’s preparations and its ability to plan effectively in order to deliver on its port health duties within the stated timescale. They emphasised the urgent need to reinforce communications with Welsh Government to obtain assurance and clarity on the arrangements for the Border Control Post.

It was resolved –

·         To recognise the statutory requirement to establish a new Port Health Authority.

·         To delegate responsibility to the Head of Regulation and Economic Development Service, in consultation with the Senior Leadership Team and Portfolio Holder, to identify and develop a preferred option for establishing  new Port Health Authority.

·         To recognise that further developmental work is carried out at risk to the County Council, and that resources will be provided to the Head of Service (Regulation and Economic Development) the value and scope of which are to be agreed with the Council’s Section 151 Officer.

·         To continue to press the Welsh Government to adequately and fairly finance the Council’s new and additional responsibilities for the development, establishment and initial operation of a new PHA and to underwrite all additional costs incurred by the Council which are not recovered through the income generated by the PHA. A letter to this end to be sent directly to Welsh Government as a matter of urgency.

·         To authorise the release of £100,000 from the Council’s general balances to complete the above (which the Council will seek to recover from the welsh Government). Any additional funding above this sum will require a further decision from the Executive or Full Council in accordance with limits set out in the Council’s Constitution.