Brexit: Confusion over agri-food checks at Northern Ireland ports

By Q Radio News/ PA

Plans to halt Brexit agri-food checks at Northern Ireland ports were in limbo this morning after the deadline passed for civil servants to implement them.

DUP minister Edwin Poots, whose officials are responsible for carrying out Northern Ireland Protocol checks, said he had ordered his permanent secretary to stop them at midnight on Wednesday.

It remains unclear whether the senior civil servant in his department, Anthony Harbinson, will comply with the order.

Late last night, a spokesman for the Department of Agriculture, Environment and Rural Affairs (Daera) refused to confirm if the order would be carried out.

It may only become clear once the first ferries arrive at the port this morning.

Downing Street was not aware the DUP planned to suspend checks, the Prime Minister’s official spokesman said this morning.

Asked if Boris Johnson would like to see the checks continue, the spokesman said: “Yes, we would like this situation to be resolved, recognising it is a matter for the Northern Ireland Executive.”

Pressed on whether the checks could be carried out at ports in Britain rather than on arrival in Northern Ireland, the spokesman said: “We are looking into the legal position.”

The spokesman added: “We certainly weren’t aware that this was the approach the DUP were going to take.

“I’m not sure what preparatory work has gone on, on the basis this could happen.”

The government’s focus was on resolving the issues around the protocol, the spokesman said.

The UK’s Environment Secretary George Eustice is holding crisis talks with Stormont counterpart Edwin Poots over the Northern Ireland Protocol checks.

Downing Street said checks are continuing to be carried out despite Mr Poots telling officials in his Department of Agriculture, Environment and Rural Affairs (Daera) to stop them

The Prime Minister’s official spokesman said the government was continuing to look at the legal situation.

“As we speak checks are continuing to take place at ports in Northern Ireland, as they have done before,” the spokesman said.

“We are monitoring the situation closely and keeping the legal position under review.”

European Commission spokesman Eric Mamer said the EU’s observers in Northern Ireland were satisfied the required checks were still being carried out.

“We have seen this announcement, obviously we are monitoring the situation on the ground – we have experts who are on the ground in Northern Ireland precisely in relation to the issue of checks,” he said.

The “preliminary information” from those experts “is indeed that those checks are continuing”.

Asked if the entire Brexit trade deal with the UK could be suspended if the Northern Ireland Protocol’s requirements were not met, Mr Mamer said: “I’m not going to get into speculation about what we would undertake in case the checks were to stop … for the moment our indications are that the checks are ongoing.”

Westminster has insisted the operation of the checks is a matter for Stormont but Mr Mamer stressed the deal was between the UK and the EU, not between Brussels and Belfast.

“What concerns us is not what are the arrangements that are found within the United Kingdom on who is responsible for taking what decision when it comes to the checks, but the fact that the provisions that are in the agreement, on the checks which are foreseen by the agreement, will be respected.”

DUP rivals at Stormont insist the civil service has a duty to comply with Stormont’s legal obligations to carry out the checks under the terms of the Brexit Withdrawal Agreement.

Mr Poots said legal advice he had sought on the issue supported his view that he was entitled to stop the checks.

A spokesman for Edwin Poots’ department said: “The minister has received senior counsel advice and has issued an instruction on that basis.”

Asked whether officials would comply with Mr Poots’ direction and whether hauliers should expect checks to be carried out today, the Daera spokesman said: “Nothing further to add.”

Edwin Poots

Some of the checks at ports have been delegated to local council staff while UK Border Force personnel also have a presence at the facilities. It is unclear what would happen to their roles if the Daera staff withdrew.

The move comes after he 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.

Sinn Fein deputy First Minister Michelle O’Neill branded the move a stunt.

She said the DUP move is motivated by poor opinion poll performances ahead of May’s scheduled Assembly election.

“This stunt is an attempt by the DUP to unlawfully interfere with domestic, and international law,” she tweeted.

“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.”

Meanwhile, the UK Government has refused to intervene in the row.

“The operation of checks is a matter for the Northern Ireland Executive,” a Government spokesperson said.

“We have been consistently clear that there are significant problems with the Protocol which urgently need fixing, which is why we are in intensive talks with the EU to find solutions.”

Foreign Secretary Liz Truss is to speak to the European Commission vice-president Maros Sefcovic on Thursday, the spokesperson added.

Liz Truss