Minister orders halt to Brexit checks at Northern Ireland's ports
Stormont agriculture minister Edwin Poots issues order to halt Brexit checks on food and farming goods at Northern Ireland’s ports from midnight after taking ‘legal advice’
- DUP minster Poots ordered NI protocol checks to be stopped at midnight tonight
- It is not yet clear whether the senior civil servant in his department will comply
- Mr Poots said legal advice he sought suggests he was entitled to stop the checks
Northern Ireland’s agriculture minister has ordered a halt to post-Brexit checks on all agri-food products arriving from the rest of the UK from tonight – in a move branded by his rivals as a ‘stunt’ and a potential breach of international law.
DUP minister Edwin Poots, whose officials are responsible for carrying out Northern Ireland Protocol checks as part of Britain’s Brexit Withdrawal Agreement, said he had ordered his permanent secretary to stop them at midnight on Wednesday night.
It is yet unclear whether the senior civil servant in his department, Anthony Harbinson, will comply with the order.
The Protocol was negotiated as part of the Brexit deal to avoid a hard border with Ireland, by effectively keeping Northern Ireland in the EU’s single market for goods.
But unionists have been pressuring for it to be scrapped because of the trade barriers it has created on products crossing the Irish Sea from Great Britain.
Mr Poots’ rivals at Stormont insist the civil service has a duty to comply with the government’s legal obligations to carry out the checks under the terms of the Brexit Withdrawal Agreement.
But Mr Poots said legal advice he had sought on the issue supported his view that he was entitled to stop them.
DUP minister Edwin Poots (pictured), whose officials are responsible for carrying out Northern Ireland Protocol checks as part of Britain’s Brexit Withdrawal Agreement, said he had ordered his permanent secretary to stop them at midnight on Wednesday night
The checks must be carried out as part of the Northern Ireland Protocol, which avoids the need for a hard border between Ireland and the UK nation (Pictured: Paperwork being checked by staff at the NI Department of Agriculture, Environment and Rural Affairs on Monday)
What is the Northern Ireland Protocol?
During Brexit negotiations the EU and UK agreed a Northern Ireland Protocol that there would be no new checks on goods crossing the border between NI and the Republic of Ireland (ROI).
The protocol aims to:
- Avoid a hard border between NI and the ROI
- Make sure of the integrity of the EU’s single market for goods
- Facilitate unfettered access for NI goods to the GB market, and the inclusion of NI goods in free trade agreements between the UK and third countries
As a result of the protocol, NI has in effect remained in the EU’s single market for goods (England, Scotland and Wales have left the EU’s single market for goods).
This allows goods to flow to and from NI to the ROI and the rest of the EU as they did while the UK was a member of the EU, without customs checks, tariffs or new paperwork.
The EU’s rules on customs and regulation of agri-food products will continue to apply to goods arriving in NI.
Source: nidirect.gov.uk
Sinn Fein, the party the DUP shares power with, branded the move unlawful and ‘a stunt’ – while the Irish government said it could amount to a breach of international law.
Mr Poots said today: ‘I have taken legal advice in relation to my position from senior counsel. Earlier today I received that legal advice.
‘It stated that at present there is presently no Executive approval for SPS (sanitary and phytosanitary) checks.
‘The implementation of SPS checks requires Executive approval.
‘A decision to initiate or continue such checks could not be validly taken in the absence of Executive approval.
‘The advice concluded that I can direct the checks to cease in the absence of Executive approval.
‘I have now issued a formal instruction to my permanent secretary to halt all checks that were not in place on December 31 2020 from midnight tonight.
‘I will prepare a paper for Executive consideration in the near future to seek agreement on a way forward.’
Sinn Fein MLA John O’Dowd said the Northern Ireland Protocol is the law and must be adhered to.
Reacting to Mr Poots’ decision to halt protocol checks, Mr O’Dowd said: ‘Here we have a minister who is perfectly aware of the Executive’s position in relation to adherence to the law. The protocol is the law.
‘The DUP signed off at the Executive that they would adhere to the regulations within the protocol.
‘I have a number of questions which require to be answered by Mr Poots. Where did he get this legal advice?
‘Did he go to the Attorney General? Did he use Government legal advisers?
‘The facts remain the same. The Executive has a position that they will adhere to the protocol, to the European Withdrawal Agreement, and the principle remains for all Executive ministers, you have to adhere to the law.’
John O’Dowd said he had no doubt civil servants would be ‘taking advice’ over Mr Poots’ decision to halt the checks.
He said: ‘Legal advice can be given on a range of matters and a range of opinions.
‘Courts make the decisions and Edwin Poots as a minister knows that as well as I do.
‘Sinn Fein is confident of its position in regards of this matter. The Executive has a stated position.
‘Sinn Fein will take it one step at a time in the confidence that the role of the Executive has been outlined in previous signed agreements and that the role of the Executive is to adhere to the law.
‘We will do everything within our power to ensure that the Executive operates properly.
‘The civil servants, I have no doubt, are already taking advice on these matters. The civil service has its own guidance and protocols to work to and I have no doubt the civil service will be examining that very closely.’
The move comes after Mr Poots last week failed to secure the wider approval of the Stormont Executive to continue checks on agri-food produce arriving in Northern Ireland from Great Britain.
The minister argues that in the absence of Executive approval he no longer has legal cover to continue the documentary checks and physical inspections.
His bid to seek a ministerial vote at the Executive last week was branded a stunt by other parties.
They insist the Executive has already agreed that Mr Poots’ department has responsibility for carrying out the checks and he does not have the authority to halt processes that are required under the Withdrawal Agreement, an international treaty.
The dispute centres on whether Mr Poots needs the authority of the wider Stormont Executive to conduct the checks required under the agreement’s Northern Ireland Protocol.
Claiming recent court rulings have clarified that such authority is required, Mr Poots tried to secure the approval of the Executive by asking for the matter to be considered at last Thursday’s meeting.
He did so in the knowledge that if the issue was elevated to the Executive, his party could at that point exercise a veto to block approval for the checks – in turn undermining the Protocol his party has long been against.
Realising that, Sinn Fein used its own veto to prevent the issue from getting on the agenda.
Boris Johnson today accused the European Union of implementing post-Brexit border rules in Northern Ireland in an ‘insane’ way in Parliament last week
The episode is playing out as the UK and EU continue negotiations aimed at reducing the number of checks required by the protocol.
The DUP have long called for the protocol to be scrapped, claiming it puts an effective border between Northern Ireland and the rest of the UK.
Boris Johnson last week accused the European Union of implementing the post-Brexit border rules in Northern Ireland in an ‘insane’ way.
The Prime Minister said he ‘never thought’ the protocol he negotiated as part of the Brexit deal would be so disruptive and ‘we need to sort it out’.
The comments risked souring negotiations with Brussels as Foreign Secretary Liz Truss is still attempting to secure a breakthrough after months of deadlock.
Ms Truss held talks with EU counterpart Maros Sefcovic in Brussels last Monday and while there was no significant breakthrough, the atmosphere around the discussions appears to have improved when compared to last year.
The protocol was negotiated as part of the Brexit deal to avoid a hard border with Ireland, by effectively keeping Northern Ireland in the EU’s single market for goods. But unionists have been pressuring for it to be scrapped
Mr Sefcovic told reporters a ‘timely agreement’ could soon be hammered out while Ms Truss said ‘we believe there is a deal to be done’.
They agreed to meet this week to ‘take stock’ of any progress made by officials and said in a joint statement that their meeting had been ‘constructive’.
Mr Johnson was challenged over the rollout of the protocol at PMQs by DUP leader Sir Jeffrey Donaldson.
Sir Jeffrey said: ‘The Prime Minister will know that many families across the United Kingdom are struggling with the increased cost of living and rising energy costs.
‘But in Northern Ireland that is compounded by the protocol. 27 per cent is the increase in the cost of bringing goods from Great Britain to Northern Ireland, when we can get access to those goods.
‘It is costing business £2.5million every day, almost £1billion a year, the cost of the protocol.
‘The Prime Minister talks about uniting this nation and levelling up. He could do that by removing the Irish Sea border and restoring Northern Ireland’s place fully within the UK internal market.’
Mr Johnson replied: ‘I must say that I support passionately the indignation of the right honourable gentleman opposite and yes, I never thought when we negotiated that this would be, 200 businesses have stopped supplying Northern Ireland, foods are being blocked, Christmas cards are being surcharged.
‘And frankly the EU is implementing this in an insane and pettifogging way and we need to sort it out and I completely support what he is saying.’
Mr Johnson was challenged over the rollout of the protocol at PMQs by DUP Leader Sir Jeffrey Donaldson
The protocol was negotiated as part of the Brexit deal to avoid a hard border with Ireland, by effectively keeping Northern Ireland in the EU’s single market for goods.
But unionists have been pressuring for it to be scrapped because of the trade barriers it has created on products crossing the Irish Sea from Great Britain.
The UK and EU remain locked in talks as they try to agree solutions to smooth the operation of the protocol but a breakthrough remains elusive.
The UK has repeatedly threatened to trigger Article 16 of the protocol to unilaterally tear up the border rules if the two sides cannot strike an agreement.
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