Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for taking this matter himself, which I appreciate.

I raise the change in practice in respect of goods that are determined to involve health or agriculture and how they are checked. Until recently, any goods marked for Shannon Airport were checked at Shannon regardless of where they had come into the country or, in fact, where they had come into the European Union given the vast majority of those goods would have entered the European Union at Heathrow Airport and then been shipped throughout the United Kingdom and the Republic of Ireland from there. Obviously, as the Minister will be aware, Heathrow is a much larger airport and a very large proportion of the air freight coming into these islands came into Heathrow and was then brought on to its final destination, which in many cases was Shannon. Those goods were never checked at Heathrow, even though that was the point at which they entered the European Union, but rather at their final destination, such as Shannon. That was all considered to be in order as long as the goods had not been stripped down – that is the term used in the industry - and as long as the pallet was unopened and still wrapped. It was stripped down at Shannon Airport, whatever needed to be inspected was inspected and it then went to its final destination, presumably in the Shannon region, which was why Shannon was chosen as the destination airport in the first instance.

That changed slightly when Britain left the European Union because, obviously, the first point of entry into the European Union was no longer Heathrow. Goods were still coming from Heathrow but the first point of entry in the vast majority of cases was Rosslare Europort or Dublin Port. There is no inspection facility at Rosslare, so the goods would have been sent on to Shannon, with the pallet inspected and stripped down there. As long as the pallet had not been interfered with before it got to Shannon, that was all in order. Similarly, if a pallet came into Dublin and was marked for Shannon, that was not a problem because, ultimately, it was the industry practice and because European Union law states that the border post may be at the point of entry, which implies it is not required to be at the point of entry. The most important question is where there is an inspection point and a customs point, and that is the case for Shannon Airport and Dublin Airport but not, crucially, at Rosslare.

The practice changed suddenly such that goods coming into Dublin on a pallet marked for Shannon would be no longer inspected at Shannon but had to be first inspected in Dublin. Equally problematically, in the case of goods leaving the country from Shannon, where the pallet had been put together, inspected and sealed, went on to Dublin and left the country from Dublin, that was no longer acceptable to the Department either. As far as I can see, although I am open to contradiction, there has been absolutely no change in the legal framework.

The practice has changed but the legal framework has not. Why has the practice changed? It is causing considerable consternation among, I will be honest, a relatively small but important cohort of people. I refer to major employers who chose to invest much money and employ many people in the mid-west region because of the proximity to Shannon Airport and all that entailed. Of course, it does not just entail their staff and executives being able to fly in and out. It also means goods and having goods inspected by customs and the Department of Agriculture, Food and the Marine at Shannon Airport.

As I mentioned, this is absolutely nothing to do with customs. This is uniquely a problem with inspections by the Department of Agriculture, Food and the Marine. Could the Minister explain the basis for the change and why this is being done? Why is this being done now if there is no change in the legislation?

Cormac Devlin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

For the benefit of the other Deputies who are here for the Topical Issues debate, I will tap the bell when it gets to one minute so they are aware of the time. We are a little bit lost without the clocks.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

I am sorry if I went a bit over time.

Cormac Devlin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Deputy did not. He had a sixth sense. That is what comes with experience.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

Is it?

Cormac Devlin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Minister has four minutes.

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank Deputy McNamara for raising this Topical Issue.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

The written replies are sometime provided but if there is not one, that is fine. I am sorry; I did not mean to interrupt.

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The written replies are available. Deputy McNamara raised this issue with me previously, as did other Oireachtas Members in the county. I have also been contacted by Deputies Crowe, Carey and Cannon and Senator Dooley on this issue. It is an issue of concern in the local area.

European legislation aimed at the protection of the European Single Market requires that official controls to verify compliance with the requirements of European Union legislation are carried out at a border control post at the point of first arrival into the European Union. As Deputy McNamara will know, this is critical to protecting and upholding the necessary standards we have in the EU.

Prior to the departure of the UK from the European Union, the Department of Agriculture, Food and the Marine operated three multi-commodity border control posts at Dublin Airport, Dublin Port and Shannon Airport. In preparation for the departure of the UK, a fourth multi-commodity border control post was constructed at Rosslare Europort. Each of these border control posts play a critical role in ensuring important standards are maintained.

Border control posts must meet certain infrastructural requirements to be designated by the European Commission to handle the different categories of live animals and animal products. While the border control post at Dublin Airport was being expanded to meet the infrastructural requirements required for the handling of animal products, a temporary arrangement was in place. This saw consignments of animal products landing at Dublin Airport transported to the border control post at Shannon Airport where the necessary controls were carried out.

The construction of the border control post at Dublin Airport was completed in autumn 2020. It became fully operational in July of this year. Those responsible for the importation of commodities requiring checks at border control posts, so-called operators responsible for consignments, RFC, were informed of this development in writing on 8 July. RFCs were reminded that they are obliged by European legislation to ensure that animals and goods requiring official controls at border control posts are presented for controls at the border control post at the point of first arrival. For consignments landing at Dublin Airport, this is the border control post at Dublin Airport. The operationalisation of the expanded border control point at Dublin Airport brings Ireland into full compliance with the requirements of European Union legislation. In no way does the Dublin Airport border control post have implications for the operation of the border control post at Shannon Airport. The border control post at Shannon Airport remains fully operational and ready to process any consignments landing at Shannon Airport.

A case has been made that the movement of products landing at Dublin Airport by road for checks at Shannon Airport meets the definition of transshipment, as provided for in the relevant EU legislation. I have asked senior officials in my Department to arrange a meeting with those making that case to discuss the issue. I will be happy to share the outcome of that meeting with Deputy McNamara and with Deputies Crowe, Carey and Cannon and Senator Dooley. I thank the committed staff at each of the border control posts for upholding our standards and adapting so quickly to the new post-Brexit scenario.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

I am afraid what the Minister just told me differs somewhat from what I heard is happening on the ground. There is a new enlarged border control facility at Dublin Airport. However, there was always a border control facility at Dublin Airport. Items marked for Shannon Airport previously came through Dublin Airport where there was a Department of Agriculture, Food and the Marine facility. Because they were marked for Shannon, however, they went on to Shannon Airport, even though there was a facility at Dublin Airport, and that was no problem. Stuff that was leaving through Dublin Airport that originated in Shannon was able to be cleared at Shannon Airport. It was wrapped and put on a pallet and it was not interfered with thereafter. That was no problem even though it was going to Dublin and there was a border control post in Dublin Airport. Stuff that was coming in from Heathrow Airport, which was the first point of entry into the European Union, was not checked at Heathrow or at Dublin Port or Rosslare Europort. It went on to Shannon Airport because it was marked for Shannon. All of this happened under the existing law with which the Minister just said his officials are bringing Ireland into compliance.

I will offer the Minister an alternative scenario, which is that a big new facility is being built in Dublin Airport and officialdom now needs to justify the cost. Maybe the canteen or the view is nicer than at Shannon Airport; I do not know. For that reason, however, they are willing to cannibalise the other facilities around the country to justify this one. That is kind of how Ireland works in general and Dublin Airport is just a facet of it. There is no change whatsoever in the law. Therefore, either what was going on before was unlawful, in which case the Minister should stand up and say that, or it was lawful, and what is going on now is not required by law. The European law mentioned by the Minister defines it as follows:

Border control post of introduction into the Union' means the border control post where animals and goods are presented for official controls and through which they enter the Union for subsequent placing on the market or for transit through the Union territory and which ... [may] be border control post of first arrival into the Union.

It is not "shall" be the border post of first arrival into the Union but "may" be the first post of arrival into the European Union. Somebody, somewhere, in the Minister's Department read that to mean "shall" be the border post of first arrival into the European Union. We need to get to the crux of why this is. Is it because there was a change in the law, which there has not been, or is it because a big new facility was built at Dublin Airport? Is it that somebody likes it and does not like the other ones because maybe they are not as nice or the air ventilation is not as good? Maybe somebody got to an official in the Department and said, "You know what? We will stymie Shannon and promote Dublin Airport", and this is just one little way to do it. I may be wrong in saying all that. Can the Minister please tell me I am?

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

As the Deputy knows, my approach as Minister is to make sure we are reasonable and balanced in all parts of the country, and that we invest in all sectors and do things as close as possible to the areas in which they most matter. That should be and is the right approach by the Government. Certainly, with regard to how we invest and on the work the Government is doing in respect of investing in different parts of the country, it is very much to put back in rural areas to ensure regionalisation and that people in all parts of the country get a fair crack of the whip.

The issue here is our legal obligation with regard to the application of EU law and the requirement for goods that are coming into the country to be checked at their point of entry. As the Deputy outlined, a case has been made that the movement of goods landing into Dublin Airport by road for checks at Shannon could meet the definition of transshipment, as provided for in the relevant EU legislation.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

It is not transshipment.

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

From my understanding, a case has been made and the point put forward as a counterpoint to the fact that it should be dealt with and processed at Dublin Airport if it lands at Dublin Airport and there is a border control post there, which there is.

I have asked my officials to meet to discuss and tease out the issue.

I will revert to Deputies McNamara, Cathal Crowe and Carey and Senator Dooley on their representations. It is important that the issue be assessed fully and that the arguments and points they raise be addressed satisfactorily and answered clearly. The outcome from all of this must meet the requirements and ensure that we are compliant with the law. If possible, though, it should apply as much flexibility as practicable for people to operate the system well and efficiently. My officials will meet on this matter, after which we will assess the situation and update the Deputy.

Michael McNamara (Clare, Independent)
Link to this: Individually | In context | Oireachtas source

That is welcome. I thank the Minister.