Brexit port food checks in Northern Ireland will be halted from midnight on Wednesday, the Belfast government has announced – reigniting the battle with the EU over the inspections.
Edwin Poots, Stormont’s agriculture minister, announced the inflammatory move, which opponents have warned will be a breach of the Northern Ireland protocol.
The Democratic Unionist Party minister has ordered his top civil servant to act – although it was unclear whether the permanent secretary, Anthony Harbinson, will comply.
It follows a dispute over whether Mr Poots needs the approval of the Stormont executive, which last week failed to back continuing the SPS (sanitary and phytosanitary) checks.
Sinn Fein has warned scrapping checks will result in “public ridicule”, arguing civil servants would be obliged to defy any order because it would be unlawful.
But Mr Poots said he had received legal advice, revealing: “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 31 December 2020 from midnight tonight.”
The Dublin government was quick to blame London, condemning “a breach of an international obligation by the UK government”.
“As the protocol is part of an international agreement agreed and ratified by the UK and EU, its implementation is a matter of international law,” a spokesperson said.
On a visit to Northern Ireland last week, the foreign secretary Liz Truss said it was a “matter for the executive” if checks were stopped.
The suspension is being seen by many as an attempt by the DUP to boost its fading popularity ahead of crucial elections to Stormont, in May.
Michelle O’Neill, the Sinn Fein leader, tweeted: “This stunt is an attempt by the DUP to unlawfully interfere with domestic and international law.
“DUP fixated on their own priorities, which are clearly at odds with where the wider community is at. Health, Jobs, Housing, Cost of living crisis is where the rest of us are focused.”
Under the Brexit deal, checks on goods from Great Britain must take place at Northern Ireland’s ports to make sure they comply with EU laws.
But unionist politicians have attacked the measures – agreed by Boris Johnson – arguing they are unlawful and are damaging Northern Ireland’s status in the UK.
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.
“A decision to initiate or continue such checks could not be validly taken in the absence of executive approval.”
