Beating the Backstop

A few days ago, I visited Gloucester Quays with my son. Not noticing the technology surrounding us as we drove into the multi-storey car park that sits above the shops, the speed of our exit – with the barrier lifting before we even had the chance to stop – reminded me of just how simple the solutions to the Irish Backstop issue should really now be.

Like Brexit itself, the Backstop is a complicated issue that should actually be very simple to resolve.

The problem is that there are so many different viewpoints in the mix that look upon the practicalities of a technical solution to the hard border problem from only their own perspective.

Whether they are a politician, a computer coder or a haulier – they are not open to the reality that there isn’t just one solution that they themselves will recognise or understand as immediately workable for the Border.

They do not appreciate that the whole issue is about weaving together a series of very different solutions in order to get the whole job done.

Regrettably, many of the decision makers – many of them in Government right now – do themselves share this particular view and understanding.

Whether this tunnel vision is borne of simple ignorance, lack of beyond-their-own-sector-understanding, or just the fact that they haven’t got the wherewithal or real-world savviness to recognise how different this opportunity for progress really is, they treat the whole thing like it is just another government project.

This is not the way that the battle for an Open Border Solution is going to be won – no matter what the final terms of Brexit will be.

It has been said that the wheels of government move incredibly slow. But in a time of national crisis, time is not something that is within a government’s gift.

Urgency must open up to agility. The government must not only set the new agenda, it must also keep the momentum of it going too.

In terms of tangible delivery, this means that delivering a practical and real-life solution like the Backstop cannot be left to rely on standing procedures, processes and the mentality in government that ‘this is the way that things have always been done’ – particularly when many of the processes that could hinder or delay the timely delivery of a working Open Border Solution have been created by the EU – the very entity that solving this problem will allow the UK to Leave.

There are a range of specialists from very different technical and service industries who can bring significant knowledge, expertise and yes – the very services and products that all Borders will need to keep everything flowing like it does now and then make the new UK-EU working relationship better than it has already been.

Yet the development and the implementation of the border solution cannot and must not be allowed to be allocated to any one government department to control or lead, other than DEXEU.

Otherwise, the right solution will not be found for everyone. Because whatever comes from the process will only be framed in terms of the wants and needs of the ideas and motives of the people at the top of those particular organisational trees, rather than being fully inclusive and considerate of everyone involved.

Equally, the Government cannot rely on the monolithic public sector contractors to offer up the right solution.

They are too big. Too self-focused. Too profit orientated. And above all, they are simply not agile enough to deliver the right solution on the right timeline to ensure that the Backstop job is properly done.

This is how the solution to returning to a hard Border in Ireland and keeping goods moving across all our EU Borders can be found:

The Open Border Solution (abridged)

• There will be no hard Border.
• There will be no physical barriers or stops at the Border.
• Vehicle movements will be monitored using ANPR (Automatic Number Plate Recognition) using cameras located at all Border road entry points.
• Using existing vehicle Number Plate Recognition Software of the kind that we experience in most of the car parks that we now drive into, Hauliers and Companies that Export to and Import from the EU will be able to join a Trusted Trader & Transit Scheme – which we will call the Open Border Service.
• As Members they will be able to access their own portal to a database/e-commerce/transaction system – that we will call the Open Border System.
• Within the Open Border System, Members will be able to store the identity data – including registrations – of their Vehicles and Trailers.
• Vehicles and Trailers entered on the Open Border System will have to correspond with the DVLA Database and Databases of any Vehicle Licensing Body in the EU or beyond that manages Vehicles and Trailers that will transit into or via the UK.
• When Members have a load of goods to carry into or via a UK/EU Border (EU-UK, UK-EU or EU-EU), they will be able to register or notify the Open Border System of the manifests of their load, identifying correlation with the Taxation Groups provided by HMRC.
• To secure the registered load for monitoring during transit, Members will be able to purchase ratchet-tie-tags that will affix to the rear doors of Vehicles and Trailers that carry a bar code, chip or data strip that can be read by any Government Officer, at pinch points such as the Ports, on Cross Channel Ferries, at the Channel Tunnel and by any other authorized representative equipped with mobile scanning equipment.
• Tags will be available in different colours to immediately identify the nature of the journey from a distance (such as a following police car) and tags removed for inspection will be replaced with a unique colour that shows the vehicle has been stopped, with the data being updated in live time, so that the code of the new tag will correspond with the same load once the journey is complete or is being inspected again.
• Scanning equipment or apps will automatically communicate with the central database and confirm the legitimacy of the load.
• Taxes owed will be payable on terms and at rates to be confirmed by HMRC following negotiation with trading partner Countries.
• Countries that do not sign up to the scheme will not be authorized to transit and any vehicle without a valid tag will be stopped and impounded.
• Payment will be taken by Members at point of Registration via the Open Border System via Merchant Services integrated into the system, or via Invoice to Companies authorized by HMRC to pay by Invoice later.

Getting the Open Border Solution done…

So here is what the Government should do if it really wants to get a speedy and workable Backstop solution in place:

• Forget what the EU wants
• Forget all the political arguments
• Put the right people in charge & remove all the barriers to progress
• Hold a conference with all the companies who might be interested and would be able to provide one or more of the technical elements of the Backstop Solution, or would be prepared to work collaboratively with others to get the job done.
• Set out the terms of a Tender for Development
• Allow suppliers to qualify themselves
• Commission no less than 3 separate solutions to be developed by a fixed date
• Select the Solution
• Implement
• Brexit
• Develop the service further allowing any inter-departmental integration to take place that was not possible before

1. Forget what the EU wants

The most simple thing the government needs to do in identifying, delivering and then implementing an open-border solution between Northern Ireland and the Irish Republic, is get on with it and do it without letting the EU or any of their Representatives becoming involved.

The EU is on a mission to stop Brexit at any cost, as it is aware and very fearful that anything that can be interpreted as a successful departure from the EU – and that includes the development of a post-departure working relationship that works – will encourage other Member Countries (what they call States) to Leave.

On past form alone, it appears very likely that the EU would deliberately and willingly expose itself and therefore the Irish Republic too, to difficulties over Brexit, just to ensure that they can present a picture of chaos and problems that could only be avoided by Remaining – to all other Parties involved.

2.Forget all the Political arguments

Left, Right, Leave or Remain; Conservative, Brexit Party, DUP, Green, Labour, Liberal Democrat or whoever else they might be, the time for allowing anyone with any vested interests to reframe the Brexit and therefore the Backstop debate has already been and gone.

This is now about the doing. About delivering. About returning the UK to its sovereign, independent, self-governing status once more.

Nobody can add any value to the backstop by turning it into a political debate.

Nobody in the UK wants a hard border in Ireland. It’s time to get practical and get the job done.

3.Put the right people in charge and remove all the barriers to progress

Sounds simple I know. But it can be and it needs to be. Brexit simply will not happen meaningfully if those with responsibility for delivering it continue to try using tried and tested formulas and methods of working to get a completely new and significant task done.

It is unlikely that even the most senior civil servants have the wherewithal to get the Backstop Project working as it should. Equally, the Politicians appear to be no better and the solution is not to appoint expensive consultants or even worse, get friends and people within networks on board, just because you think they would be good at it or have a CV or work history that suggests they might be able to get something done.

The Project needs to be led by people who understand, have working experience or fluency of all the kinds of services and technologies that will be involved – or most importantly, have the skills and attributes necessary to step outside of what they do know whilst being credible to everyone they are dealing with, so that a culture of trust can be the first thing that is created.

To support them, all of the rules and regulations on buying or commissioning government services simply must be reduced to the bare essentials.

Lets face it, this is all about Leaving the EU, so none of the rules that just about every part of government has already become used to will be required because its all about Leaving!

4.Hold a conference with all the companies who might be interested and would be able to provide one or more of the technical elements of the Backstop Solution, or would be prepared to work collaboratively with others to get the job done.

Although this one sits at No.4 in the list, it’s actually as important as 1, 2 and 3 and they should all be happening simultaneously.

There’s a very big opportunity for the companies and providers that get involved with delivering the Backstop Solution.

One of the keys to managing the benefit of their input is not to allow them to take over and dictate the process.

Believe me when I say that it is the companies who are willing to play by the rules of the process who will actually deliver on time, on target and in a way that opens the right doorways to future working.

There should be a conference called within a couple of weeks with an open invite to all companies that can provide the services and technologies involved and can qualify themselves appropriately and immediately. They must also be prepared to sign up to an NDA that has financial penalties involved if they should leak information.

Within that there should be care to ensure that those who speak and input are bringing genuine, experiential thought and views, rather than opinion which has now too often become the case. It is easy to overlook the reality that people we culturally recognise as business leaders are often no such thing. They are managers without comprehensive understanding of their own businesses at a practical level. It is equally vital to value academic input in the same way.

Worst of any of the organisations that it would seem natural to involve are those who sell themselves as being representative of an industry when they represent a specific membership that makes up only part of that industry.

Yes, many organisations and businesses join member networks and when it comes to bodies such as the FSB, small businesses gain access to many things which bring immediate value to what they do. Yet when it comes to lobbying or influencing decision makers upon policy that will affect whatever it is that their industry does, it is rare once again to find people in charge with the in-depth knowledge of the industry they represent from the bottom up. It is more often the case that the words they speak come from their own view of the world, rather than being anything even remotely akin to what it is that the businesses at the cutting edge of that industry does.

It is necessary to labour this point, because it is essential that good, productive representation from all the industries that have a stake in the success of the Irish Border Solution are involved in this process and given the opportunity to contribute and collaborate positively and proactively to ensure that from their own vantage point, they have genuine but nonetheless joint ownership of whatever it actually does.

Some will argue that such a meeting cannot be convened in such short a time as a couple of weeks and particularly so during the summer. Yet the opposite is true, because if Brexit is as important to these organisations and they either want influence or the opportunity to gain further business, being there, being agile and being ready to make it work under pressure is just something that they will be ready and equipped to do.

Set out the Terms of a Tender for Development

Sounds like that will take time – I hear you think. But it won’t.

The Border Solution requires a wholly different approach. One that encourages every business and organisation involved to step beyond their comfort zone and to see the Brexit opportunity for exactly what it is.

Leaving the EU cannot be held up by regulations that are only relevant if we are members.

So the solution will come by conducting a three stage process:

• Tender for development
• Date-critical development
• Implementation, servicing and further development

5.1. Tender for development

The most critical and quickest part of the process is qualifying and selection the provider(s) who will develop Border Solution Options.

Options, because to ensure that the UK is ready to Leave the EU and keep the Border fully open at the same time, it is critical that this responsibility is not left at the whim of a single private contractor or collaboration thereof, that can create delays and raise prices just to ensure that greater levels of additional profit will automatically be involved.

What needs to be recognised across the board is that the Border Solution already exists. The solution itself is therefore not one that needs to be invented. The solution itself is just a question of identifying the right elements or pieces of the jigsaw that will fit together to make that solution, and to then manage the contributions of all the different parties that will inevitably become involved.

The Suppliers will include:

• Number Recognition Cameras & Software
• Access & Integration with the DVLA Database and Databases of all International Vehicle Licensing Bodies likely to have vehicles transiting to or via the UK from the EU
• Database Software (The Core of the Open Border System)
• Merchant Services Solutions
• Scanning Hardware & Software
• App Development
• Vehicle Tags
• Access & Integration with the HMRC Database
• Others that will inevitably become apparent

The Organisations will include:

• HMRC
• DVLA
• Representatives of the Haulage Industry
• Representatives from Businesses conducting UK-EU exports and imports
• Representatives of the Farming Industry
• Others that will inevitably become apparent

All of these organisations should be present, but a framework agreed and presented for what the Border Solution will look like, the functionality required and above all, what it should actually do. The advisory organisations will be present just to answer questions on practicalities such as what the volume or weight and the number of crates would be on a standard Euro-Pallet on a vehicle trailer and how many Euro-Pallets that vehicle might hold. They will not be there to influence anything other than the accuracy of the data input for the tender process.

Contrary to what the fearful tell us, a Border Solution is not rocket science or anything like it. A Border solution already exists. The Border Solution is simply about joining up the dots. The dot joiners and the creators of those dots are only there to execute the task.

5.1.1. Number Recognition Cameras & Software

The key to removing the need for a physical or hard border, border checks and the presence of a full time contingent of the UK Border Force is simply to monitor all the traffic that crosses the Irish Border – no matter how many times, and whatever the direction.

ANPR (Automatic Number Plate Recognition) technology has been in use by the Police for many years and helps them to identify vehicles and drivers, along with any red flags that might be associated with those vehicles in live time, so that they can literally or rather automatically pull over vehicles in live time, as and when they see them.

Today ANPR technology is everywhere and nowhere less prominent than in car parks, where Companies such as NCP or the private overseers of car parks in places like out-of-town retail parks have cameras set up which record your number plate when you arrive and then when you leave. There is no need for attendants and limited requirement for staffing on site as administration can all be done remotely, often the other side of the Country – making the whole exercise very profitable.

The software in use commercially already links to the DVLA Database, and if you have any qualms about the speed that a camera can recognise a number plate or vehicle, why not try entering your car on the We Buy Any Car site to get a value and see how quick it comes through. A current advertising campaign on Radio featuring Phillip Schofield as good as promises that the whole exercise takes less than a minute. A time that at its worst should reassure about how quickly a well-thought out and designed software system could manage seamless border crossings along the Irish Border.

I refer back to my own experience recently that I began with above and the reality that the system at Gloucester Quays was so good, it didn’t even need to read my paid-up ticket as the system identified the number plate with the ticket that had been paid a few minutes before as soon as it saw the plate.

Fundamentally this is off-the-shelf technology, which is only going to get better. Its use will be an essential part of the Border Solution and it’s the link with the Open Border Service that is the real task.

5.1.2. Access & Integration with the DVLA Database and Databases of all International Vehicle Licensing Bodies likely to have vehicles transiting to or via the UK from the EU

Essential to creating a fully collaborative UK/EU/International System is access to the Registration Data for all of the vehicles (tractors & powered chassis) that will be crossing UK/EU Borders – irrespective of the exact location.

All of the Countries and EU Member States will have these and the UK already has access to this information for the purposes of policing and enforcement of international traffic on the UK Roads.

Yes, it is possible that the EU will attempt to restrict access to this data in order to frustrate the development of what will otherwise be a very simple system. To restrict such data sharing post-Brexit would be bloody mindedness on the part of of the EU.

The way to address any potential problem with Vehicle Database access is to simply bar entry to UK roads for any Vehicle and the Owner that cannot be identified. Bearing in mind that the Open Border Solution is all as much about the EU and its Members and probably more so than UK Hauliers and Companies that Export, it is in their interests to cooperate fully. Especially as this whole system can and arguably should be mirrored, and potentially managed by a joint UK/EU Organisation.

5.1.3. Database Software (The core of the Open Border System)

Whilst IT specialists or ‘experts’ will happily and passionately tell you otherwise (I have already seen a Tweet on my own feed which says there’s no way a solution can be coded), the reality of the Open Border Solution is that it is nothing more than a database solution, integrated with scanning and e-commerce technology which has multiple administration points in addition to customer portals.

The companies that you want working on this project are not those that immediately tell you that this will take years; can’t be done; would have to be designed from scratch or that it is simply too complicated to be done.

It isn’t any of those things. And any company or so-called expert that suggests otherwise will not be one that you want at this conference when facing a piece of significant work which can only be delivered by people who have the mentality to do what is necessary to deliver on time.

Primarily, this is not a project and will not be a contract for one of the large Public Sector Contractors that will always place its own priorities first and is used to working with Officers and Civil Servants who will believe anything that they say.

No. This is not about precluding existing Contractors. But it is about making clear that Brexit is an opportunity for all and not just those in a position to exploit it.

The companies that offer database development will already be able to demonstrate off-the-shelf or open-source-type technology that can work with the type of systems that the Government already uses.

Just bear in mind that there are already a series of commercially available accountancy packages that successfully integrate with the existing HMRC system – and it is on the basis of working with, adapting and integrating systems that are already known, that the Border Solution can be quickly and efficiently achieved – not by pretending that there must be a reinvention of the wheel in order to get all this done.

This process must be open to companies of all sizes, start-ups included. As it is only through experiencing the reality of the offering that is out there that would not necessarily qualify under EU Tender Rules, that it will become clear that there are much more effective ways to get jobs for the public sector legitimately done.

The key to getting the required result is presenting the companies with a detailed process map for the system. Coders are rarely unable to come up with all manner of effective ways to get software to work and complete a task as long as it is clear what you want it to do. This isn’t a task that you can expect a coder to complete cold.

5.1.4. Merchant Services Solutions

One of the simplest aspects of the software side of the solution. Many companies are already leading the way with multiple-medium payment entry. Some of them will be amongst the list of those interested in providing the database solution immediately above.

Either way, payment portals, whether online, by app or otherwise will be comparatively simple to introduce as the technology is already very successfully in use.

5.1.5. Scanning Hardware & Software

Effective enforcement of an Open Border Solution will be the key element to ensuring that a hard or physical border is not required again – irrespective of whatever the trade or tariff arrangement between the UK and the EU becomes.

Scanning software is now developed enough that it can work as an app on a Smartphone. Likewise, there is a complete range of specialist hand-held, mounted, 3G, Wi-Fi, networked and other scanning devices. And making them available at key pinch points such as at ports, on ferries, motorway services and for the Police and any Government Officer carrying out enforcement work will be essential.

Representatives of companies providing hardware and software solutions for the scanning requirement should all be invited, subject to appropriate qualification.

5.1.6. App Development

Many of the big Hauliers that transit the EU Border have specialist employees who will take care of the administration of loads and correct data entry. Some may even have direct portals involved.

However, many others will be smaller or even self-employed owner drivers. And where it is the case that the Company they are carrying for has not made direct submission of their own, it is essential that a low-cost, effective version of the portal be available as an app, simple enough that with the corresponding data that exporting or importing customers will be required to provide, a driver or small business operator can load the data themselves before mounting the corresponding tag on the vehicle or trailer.

Again, this is not an original task and integrating it with its own scanning function – as exists with many apps such as the National Lottery App – means that the process can be made very simple and as such, a very efficient task to get done.

5.1.7. Vehicle Tags

Yes, this sounds too good to be true. But companies such as the big supermarkets have been monitoring their loads and keeping them secure against theft and driver infidelity for decades.

The basic solution is a tie-ratchet-tag that fits to the back doors of rigid body vehicles and trailers and to a secure cable that runs through the length of the whole body on either side of a curtain side vehicle or trailer.

These would carry a barcode and/or chip that would provide a unique journey number that corresponds with the load that has been registered for transit on the system.

Any vehicle crossing the Border or transiting a recognised pinch point such as a port or registered ferry, would by law be required to have a tag fitted, protecting the exact load that has been notified to the Open Border Service.

Different Colour Tags would be used to identify types of journey. For example UK-UK = Blue, EU-EU = Red, UK-EU = Green, EU-UK = Orange, Load Checked and Passed = Silver etc.

There are a number of manufacturers of these tags and their input would be required simply to ensure the simplicity, durability and integration of the tags with the Open Border System.

The Tags themselves would only be available to Companies registered with the Service and either sold centrally or through registered sale points with the reseller themselves registered by the Scheme.

5.1.8. Access & Integration with the HMRC Database

As outlined above, there already exist a number of accountancy packages that interact with HMRC already such as Sage, QuickBooks and Xero.

HMRC have already had to undertake considerable work on integration with other systems to do this and this work would inform the development of the Open Border System – if only for an immediate way to ensure that the correct Taxation Codes are available, if a fully integrated system is not available in the first instance.

HMRC must be involved at the outset to ensure that the system is conversant with their taxation rules. However, like all suppliers, participants and stakeholders, they cannot be allowed to dictate anything other than the Taxation Rules – e.g. they must not be allowed to dictate the operational platform itself – so long as it is clear that the Open Border System will administer the taxation of transferring goods to their rules.

5.1.9. Others that will inevitably become apparent

Like any project, there are always unknowns and these must be allowed for.

It could be as simple as another way of monitoring vehicle movements across the border without the need for cameras – such as GPRS tracking.

Whatever might present itself as an option, there has to be an open door approach to anything that could make the Open Border Solution even more Open than this Solution suggests that it could be.

The Organisations will include:

5.1.10. HMRC

As discussed in 5.1.8. above, HMRC must be a key stakeholder/respondent in the Solution Development,

5.1.11. DVLA

Unhindered access to the DVLA Database is a must. DVLA will also have a clear understanding of the issues regarding access to all other relevant Vehicle Databases in the EU and beyond.

Like HMRC, it is essential that they are treated as a key stakeholder/respondent in the Development stages.

5.1.12. Representatives of the Haulage Industry

The default setting when it comes to speaking to industry, is for the Government to give priority to Member and Lobby Organisations that portray themselves as being the voice of the Industry. They should not.

Yes. In this case, organisations such as the RHA (Road Haulage Association) have a part to play. But not when it comes to opinion.

Getting the right views and feedback does include member organisations. But the best people to get involved are those actually doing the jobs, not the managers of or more often than not the mangers of the managers of the mangers of the people who do the jobs, who have never actually done the jobs themselves.

By making clear that the Industry needs to inform practically, but not try to influence the Brexit process itself, large companies that are responsible for significant numbers of journeys into the EU are much more likely to support the Government by making the right people available to inform the process, rather than those with a name or profile who are eager to push their own view.

Drivers are often the very best to give practical viewpoints about how an operation involving lorries will actually work, and like everyone, they will be more than happy to help by answering questions if they understand that we will appreciate their view.

5.1.13. Representatives from Businesses conducting UK-EU exports and imports

Again, for the purposes of designing a system that works operationally, businesses that import from and export to the EU must be involved and asked to inform on the development of the Open Border Solution, with reliance not being placed on Member Organisations like the CBI and FSB to inform accurately alone.

Whilst journalists are adept at soliciting the angry or negative side of business owners when it comes to Brexit, the priority of business people is for the Open Border Solution to be developed in the best way possible so that it helps them to get along.

From this point of view, handled appropriately, most businesses that will be affected by Brexit will be happy to discuss what they experience now, and what they believe to be necessary post-Brexit, in order to get a successful Open Border Solution done.

The important thing is recognising what the important and common goals between exporters/importers is, and how this rolls out in to the functionality of the Open Border System.

5.1.14. Representatives of the Farming Industry

Last but by no means least, farmers. Because of the nature and scope of moving animals and foodstuffs and the very different approach that will be required to monitor the movement of animals, it is vital that organisations like the NFU are again actively involved, but not allow to dominate the process with a wish to make it a political debate.

Like the involvement of any organisation and industry representative, this process is no longer about their opinion. It’s about facts, figures and the practicalities of getting the job done.

From this point of view, it remains essential that Member Organisations only form part of the pool of Farming and food producer representatives that are invited to consult and that producers and farmers and involved in this process in real time.

5.1.15. Others that will inevitably become apparent

5.2. Date-critical development

Taking a considerably more commercial, time, cost and value approach to the tendering process, Developers (or Teams thereof) will be asked to present a tender for the development of the Border Solution (or Parts thereof) rather than the delivery of the complete thing.

As the hardware required for the ‘Service’ already exists, this element of the bids will be comparatively easy for contractors to cost, even where installation is required.

It is the development time and steps proposed to be taken to adapt the software solution that connects hardware and what might be a multiple number of different, potentially government-run databases that will both need to be projected realistically for both time and cost, but also to ensure that any potential contractor is fully aware of the cross-organisational working that will be involved.

Nonetheless it is the assurance from all bodies involved that they will not hinder or hold up progress that will be a key element of the process. For this reason, the development of the Border Solution might need to be in 2 steps. The first only to develop a stand-alone solution which is only dependent upon reference data from Government Agencies (such as the DVLA Database or HRMC Tax Codes). The second, over time once running, to integrate fully with all departments involved.

To ensure that the development of the Border Solution is kept within schedule, a minimum of three bids will be accepted, with the most appropriate chosen for implementation once delivery has been assured, the product tested and it is clear that nothing will hinder delivery on time.

5.3. Implementation, servicing and further development

The reward for the successful contractor(s) would be a 5 or perhaps 10 year maintenance and development contract to support the early years of the Open Border Service

Overview

The reality is that the success of the Open Border Solution – and Brexit itself, is all about the people doing the jobs.

The Open Border Solution can be delivered quickly, economically and to the standards necessary to meet the needs and expectations of all stakeholders. As long as the focus is on and only on the job in hand.

The moment that opinion on the part of anyone within the process is allowed to overshadow fact and practicality, the Open Border Solution will be one step further away from being delivered.

It’s all about the people. And all of the people involved have got to put their own views, priorities and aims to one side, and commit to doing everything necessary to get the Open Border Solution delivered, working and done.