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LONDON – Theresa May's plans for post-Brexit customs arrangements are "unsuitable for the intended use," according to a prejudicial and unprecedented letter addressed to government officials by leaders of the US government. industry.
MPs must vote Monday night on the Prime Minister's Customs bill, with both wings of the Conservative Party threatening to rebel on certain aspects of the legislation.
However, industry leaders have published an overwhelming assessment of legislation in an unpublished document prepared for ministers, Business Insider may reveal.
Peter MacSwiney, a key member of the government's Joint Customs Advisory Committee (JCCC) – a group of nearly 30 major commercial organizations – wrote to Treasury and HMRC officials in March, warning against 39 important gaps in the wording and content of the Trade Bill, on which MEPs will vote tonight.
MacSwiney's letter was based on comments from the major commercial organizations that make up JCCC members. They include the British Chambers of Commerce, the British Retail Consortium, the Food and Drink Federation and the Royal Mail.
A hasty law tinkered by people who have not consulted enough
The letter warns that the government has not sufficiently consulted the industry figures on the draft law on Customs, says the legislation contains several examples of "and proposed more than twenty examples of lines in the bill that could cause significant problems to the customs provisions if they were applied.
"We do not think there has been enough consultation with business and industry to develop primary legislation," the paper warned in notes to government officials sitting on JCCC .
"The general view of JCCC trade members is that primary legislation is" not fit for purpose "and many aspects remain unclear, for example, with respect to transients, "he added.
The document also states that members had warned:
- that key government departments, in particular the HMRC, the Border Force and Port Health "have not been sufficiently involved" in drafting legislation ;
- Whether the document contains an "ambiguous or contradictory wording", for example on the sections concerning the origin of the goods, customs valuation and legislation relating to the payment of VAT.
- That there is "no clarity or direction in the bill" regarding crucial issues such as customs valuation;
- That the document contradicts itself in several other respects, in particular on the issues of origin, valuation and options of assignment of intellectual property;
- That the legislation does not even mention the main aspects of the current UK customs arrangements, such as the appeal process, and the HMRC courts. Speaking to Business Insider, MacSwiney, said the Customs Bill – formally called the Tax Bill (Cross-Border Trade) – was "a hasty law tinkered by people who have not consulted enough ".
The document was compiled in March after the last JCCC meeting, attended by a mix of industry figures, trade officials and HMRC and Treasury officials, addressed to Brexit Customs members JCCC. subgroup.
Despite requests for publication of the document at the same time as the minutes of the meeting, which are publicly available, the officials did not make it public, in fear that people would think that it would be wrong. he formed the official government policy.
An important figure in the industry told BI that the Customs Bill was a "shocking" piece of legislation.
"It's poorly drafted and terribly written," the source said.
Read the main parts of the letter below:
Business Insider contacted HMRC for comment.
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