Border smuggling perceived as no-deal Brexit scenario

Seamus Enright

The threat of increased illegal smuggling - from smokey coal to illegal waste and clapped out cars - are among the key environmental concerns acknowledged by Cavan County Council as it struggles to identify what effect a hard border scenario might have on the county in the event of a ‘no deal’ Brexit.
The details are contained in a series of internal responses after ongoing discussions at national level were put to section heads by acting chief executive Eoin Doyle earlier this year.
‘There is a potential for an increase in cross-border smuggling of waste. This will result in increased illegal dumping,’ section head Colm O’Callaghan expressed in one such reply.
He added that there is ‘potential for an increase’ in cross-border smuggling, of items currently governed by the implementation of trans-boundary environmental directives.
‘Of particular concern are items that are regulated by the local authority ie smokey coals,’ said Mr O’Callaghan, who further stated that cross-border cooperation on items such as End of Life Vehicles (ELVES) ‘may not be forthcoming, resulting in increased illegal activity.’

Environment
Of further concern on an environmental level is that private drinking water analysis for group schemes is undertaken on behalf of the council on a contract basis by a Belfast-based lab. ‘Analysis needs to be undertaken within a specific time period for specific parameters. Any delays in samples being analysed will result in results that are not accredited and therefore unacceptable,’ it is suggested.
Access also for some environmental sampling or attending incidents, meanwhile, is done via Northern Ireland routes, for example when sampling is carried out at Lough McNean, and this too ‘will have to be reviewed’.
Details of what the council expects to face in a no-deal Brexit scenario, post October 31, is also provided for five other sections - Procurement, Fire, Roads, Information Systems, and Transport /Travel.
In his letter to section heads, Mr Doyle noted how travel for employees situated on the Border may be frustrated or even inhibited.
Interference in operational agreements between local authorities or agencies on both sides of the Border might also prove difficult; while complications are expected in the delivery of services by contractors in Northern Ireland, either in the form of response or additional charges and costs.
 
Brexit proofing tenders
On the issue of procurement, the fear is that a post-Brexit landscape might see contractors “unable to deliver” agreed services at current rates, particularly road surfacing contractors; while others could terminate agreements altogether.
As a result, new and potentially lengthy tender competitions would have to be negotiated, and it has been recommended that the council move towards ‘Brexit proofing’ future tender documents.
There are approximately 16 official border crossings in Co Cavan, including National Roads N3, N16, N54 and N87 connecting Enniskillen, Sligo and Monaghan.
Roads section head John McKernan states that delays on these routes as a result of potential custom check points could have a ‘significant impact on the local economy. In addition, a significant number of council staff cross the border daily while travelling to and from work and in the course of their duties.’
A no-deal Brexit could also affect the development of the UNESCO recognised cross-border Geopark as a tourism destination, the roads section departmental response states. The GeoPark, which includes the Marble Arch Caves and Cavan Burren, both internationally recognised sites, is managed and promoted by both Cavan County and Fermanagh District Councils.
Chief fire officer, Noel O’Reilly, stated in his reply to Mr Doyle, that the ‘sharing of data’ between Cavan County Fire Service and northern counterparts could be hindered. To that extent, a ‘legal agreement’ may be required to ensure ongoing compliance.
The supply of specialist equipment and spare parts is also noted. Though alternatives may be available from within EU, it’s envisaged the cost of importing said items could have an added “impact” on budget.
 
Transport and travel
At present there is no requirement for staff to have green cards if and when they are driving local authority vehicles into Northern Ireland. But the council’s Finance section, under the heading of Transport/ Travel, cites the Road Safety Authority’s (RSA’s) edict that if there is a no deal Brexit, UK driving licences will no longer be valid to drive here.
Affected could be an arrangement currently in place that sees Cavan Council and Road Services NI salt crossâ€border routes. “Any disruption to this service would have a significant negative impact on both the social and business communities along the border,” it’s claimed.
Finally, with regards to IT and GDPR compliance, the local authority believe it may be affected where service providers of online services are based in UK or rely on services of UK-based companies, as will no longer be governed by EU laws on data protection. ‘We can mitigate against this by ensuring all cloud hosted data services are hosted in the EU,’ Enda Tiernan of the Council’s IT section suggests.
Investment needed
Last week in the Dáil, Fianna Fáil TD Brendan Smith called on the government to do more to protect the Border region beyond what was contained in the Budget.
He reminded that there is a “high level of interdependence” between the economies on both sides of the Border.
He went on to state that road infrastructure needs to be upgraded. “Unfortunately, legacy issues caused us severe difficulties with lack of investment in infrastructure due to the difficulties and the troubles over so many decades. 
“As that region will be most adversely affected, the Government needs to prioritise investment there to assist enterprise and business to remain competitive, not alone to create new jobs but to ensure we maintain as much as possible the existing employment we have.”
Sinn Féin General Election candidate Pauline Tully, meanwhile, expressed her support for Border demonstrations at crossings between Cavan and Fermanagh, the most recent of which took place on Wednesday, October 16, in advance of a critical EU Council summit.
Any proposed Brexit deal must have legal guarantees for Ireland, stated Ms Tully, adding that the peace process must be protected and that there can be “no DUP veto” on such protections for Ireland.
“The people of the North voted to remain within the EU. The ultimate solution to the disruption and hardship, which Brexit threatens to bring to Ireland, is to hold a referendum on Irish unity which would allow the people have their say on the future, and to give them the option of removing the British Border in Ireland once and for all. The time has clearly arrived to hold such a referendum,” she concluded.