Council votes to challenge Poots order on Irish Sea checks

At a special meeting of the full council on Monday, the council backed a Sinn Fein motion to authorise the city solicitor John Walsh to commence legal proceedings to “compel the minister and the British government to comply with protocol requirements, subject to any current derogations in the grace period”.

The vote received 29 in favour, from Sinn Fein, Alliance, the SDLP, the Green Party, and People Before Profit, and 18 against from all the unionist parties, and one independent unionist.

The motion states: “This council wishes to place on record its concern with the actions of Minister Poots relating to the withdrawal of checks required for the implementation of the protocol and his failure to comply with an international treaty and legal obligations negotiated by the British government with the EU.

“The council further notes with concern that this is likely to impact its ability to meet the legal obligations for which it is responsible, relating to inspections at the port.”

Last Friday the High Court ordered a suspension of Mr Poots’ directions at the Department of Agriculture, Environment and Rural Affairs (Daera) to halt Irish Sea border checks, and confirmed inspections on goods entering Northern Ireland from Great Britain must continue pending the outcome of legal challenges.

At the council meeting, after a query from the DUP on the competency of a council legal challenge, the city solicitor said: “I am aware there is an order by the High Court, but it is an interim order, for the substantive order still to be tried by the court.” He added: “This council is free to join those proceedings if it wishes to do so.”

Sinn Fein councillor Ronan McLaughlin told the chamber he had been to the council facilities at Corry Place recently with Green councillor Anthony Flynn.

He said: “Let’s talk about what Belfast City Council does down there. We carry out a variety of checks on fish and non-animal origin goods. We need Daera to front the ferries and ships to bring them to Corry Place, and they do some of the checks in terms of seals etc.

“Without Daera facilitating those checks, we as a council cannot stand over any of the checks we do. By one action of one minister, Belfast City Council would be breaking international law.”