Stormont’s Agriculture Minister Edwin Poots has ordered a halt to Brexit agri-food checks at Northern Ireland ports required under the terms of the Northern Ireland Protocol.
Mr Poots said he had received legal advice which stated that he could order a halt to Northern Ireland Protocol checks.
Speaking at Stormont, Mr Poots said: “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 checks. The implementation of SPS checks requires Executive approval.
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“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.”
With Edwin Poots instructing his staff to stop—from midnight—all checks that came in as a consequence of the Protocol I’ll paraphrase Bette Davis from All About Eve: “Fasten your seatbelts, it’s going to be a bumpy ride”.
— Alex.Kane (@AlexKane221b) February 2, 2022
TUV leader Jim Allister welcomed Mr Poots’ decision to halt port checks, but said the whole of the Northern Ireland Protocol now needed to be removed.
Mr Allister said: “It was something that should never have happened.
“Though we have had a year of allowing the protocol to bed in and indeed justification for them, it is welcome that he has come to the conclusion he has.
“Now the challenge is to bind together to make sure that the ill-gotten sovereignty of the EU over Northern Ireland is removed in its entirety.
“There is no place for Northern Ireland to be left subject to foreign laws, foreign institutions, foreign courts, foreign customs. It all has to go.
“The start that has been made tonight can only be the start. We need now to see the total dismantling and the unbedding of the protocol.”
Sinn Féin MLA John O’Dowd said the Northern Ireland Protocol is the law and it must be adhered to.
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.”
Mr O’Dowd said he had no doubt civil servants would be “taking advice” over Mr Poots’ decision to halt Northern Ireland Protocol 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 Féin is confident of its position in regards of this matter.
“The Executive has a stated position.
“Sinn Féin 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.”
