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Despite voting to stay in the EU, Scotland was forced to leave with the UK. That means putting in place trade barriers for both exports and imports that create costs for businesses and consumers.

After delays lasting several years, the UK Government has now moved further on in the implementation of the Border Target Operating Model (BTOM), the UK Government’s post-Brexit regime of border controls.

Scotland has little choice but reluctantly to accept these controls, not least to at last level the trading field for Scottish exporters. However, the longer these controls have been delayed, the more necessary they have become to protect our biosecurity.

The model brings into force a sliding-scale of risk-based checks and controls on imported goods entering Great Britain (GB), from the EU and the rest of the world. On 31 st of January 2024, documentary checks began under the model with various administrative requirements put in place. Today sees the establishment of the next phase of controls – risk-based physical checks on certain categories of goods.

The requirement for checks on imports from the EU stems of course from Brexit, but Parliament will be aware that it interacts with devolved responsibilities – primarily our responsibility to protect Scotland’s people, environment and businesses from biosecurity risks. Last year, therefore, I reluctantly agreed to adopt this model.

While this model is not perfect, it is an unfortunate necessity. We must deliver robust biosecurity protections for Scotland.

My agreement to endorse the model last year was predicated on receiving assurance from the UK Government that several outstanding issues would be addressed. I am both disappointed and frustrated to have to report to Parliament that instead of joint working on a range of matters and devolution being respected, the UK Government continues to work in isolation, has taken unilateral decisions on areas of devolved responsibility, and has delivered the legislative underpinning of this model so poorly that time for parliamentary scrutiny has been severely limited. I have raised our frustrations repeatedly with UK Government ministers since prior to the model’s publication; despite receiving assurances, our frustrations have not been addressed.

Similarly, I have written to conveners of relevant Scottish Parliament committees on this matter to express concern at how the UK Government’s approach is impacting our Parliament’s scrutiny.

Our stakeholders want clarity about how this model impacts them. Despite the UK Government having had years to prepare for this (and having delayed the model no less than five times), there are still unanswered questions preventing industry from getting clear answers about how to conduct their businesses. For example, interactions between the BTOM and the Windsor Framework remain unclear. Therefore, west coast arrangements have not yet been decided and checks there are not yet coming online. I will of course keep Parliament updated as to any progress in these and other areas.

My fellow ministers and officials will be closely monitoring the implementation of this latest stage of BTOM, not only to ensure that our biosecurity protections are maintained, but to ensure businesses are given the information and support they require to navigate these new roles. We will continue to advocate for substantial and meaningful engagement on issues of major importance to Scotland, as we were promised and which Westminster, has so far failed to deliver.

I have repeatedly urged the UK Government to negotiate a comprehensive veterinary agreement with the EU – sensibly and pragmatically aligning standards that would reduce the financial and administrative requirements that this model will create for some businesses here in Scotland.

Further information on the model can be found on the UK Government’s website:

https://www.gov.uk/government/publications/the-border-target-operating-model-august-2023