Irish Sea Border: EU port checks go on despite DUP Minnister Edwin Poots’ orders to stop

Department of Agriculture staff continued to make EU-related Irish Sea Border checks today as their permanent secretary was expected to be seeking advice on whether to follow his minister’s advice to halt all such checks.
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Minister for the Department of Agriculture, Environment and Rural Affairs (DAERA) Edwin Poots controversially ordered his civil servants to halt all EU customs checks on goods coming into NI from Great Britain as from midnight Wednesday.

The checks have been required under the NI Protocol, part of the Brexit withdrawal agreement between the UK and EU. But unionist parties are adamant the Protocol is undermining the union in trade and constitutional terms while nationalists say it is an inevitable part of Brexit.

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The Prime Minister’s spokesperson confirmed that DAERA customs checks at Larne were continuing as normal yesterday, which was confirmed by local reports on the ground.

Lorries and goods being continued to be checked at the Department of Agriculture, Environment and Rural Affairs checking facility in Belfast Port on Thursday, despite orders from Minister Edwin Poots for them to stop.  
Picture by Jonathan Porter/PressEyeLorries and goods being continued to be checked at the Department of Agriculture, Environment and Rural Affairs checking facility in Belfast Port on Thursday, despite orders from Minister Edwin Poots for them to stop.  
Picture by Jonathan Porter/PressEye
Lorries and goods being continued to be checked at the Department of Agriculture, Environment and Rural Affairs checking facility in Belfast Port on Thursday, despite orders from Minister Edwin Poots for them to stop. Picture by Jonathan Porter/PressEye

Mr Poots’s direction only relates to checks on animal, food and plant products. The customs procedures on Irish Sea trade are unaffected by his instruction. It is understood council officials carry out animal welfare checks at the ports as part of their responsibilities, but checks by council officials also continued as normal yesterday in Larne and Belfast ports.

A Mid and East Antrim Council spokesperson said: “Council will be engaging with our statutory partners and elected representatives throughout the day to assess the situation.”

It is understood that Belfast City Council staff are also continuing port checks as normal and that the council is liaising with DAERA and the Food Standards Agency in response to the developing situation.

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Lorries were still being received at a DAERA checking facility in Belfast Port on Thursday morning.

UK Border Force personnel also have a presence at the checking facilities and it is unclear what would happen to their roles and those of council officials if DAERA staff withdrew.

Mr Poots confirmed yesterday that he had asked former NI Attorney General John Larkin whether it would be lawful to stop the EU checks under his authority, as well as current Attorney General Brenda King. It is reported he may be taking Mr Larkin’s advice over whatever may have been given by his departmental solicitors and Ms King.

Mr Poots told the Nolan Show yesterday that over recent months there have been a series of court cases which have clarified the law “very clearly in terms of requiring Executive approval for making contentious cross cutting novel decisions”.

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He claims the Belfast Agreement requires that the Stormont Executive must approve the Irish Sea Border checks.

“And I am very confident that the legal advice that has been given is of a qualitative nature,” he said. “It deals very precisely and clearly with all of the issues at hand and we believe it is the right thing to do that we get the support of the Executive to carry on the checks.”

The sitting Attorney General Brenda King previously advised that it would not be lawful for Mr Poots to order his staff to stop the checks. But following the related legal cases and legal involvement by loyalist activist Jamie Bryson, the DUP have pushed ahead with attempting to close down the checks.

Mr Bryson noted that Ms King previously advised it would not be lawful to stop the checks, but claims that John Larkin now advises Mr Poots that the checks were never lawful in the first place - in the absence of executive approval.

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Former head of the civil service David Sterling said yesterday that the DAERA permanent secretary has now been put in a very difficult position and would likely be seeking legal advice to find out if he was permitted to follow Mr Poot’s instructions. Mr Sterling said he had never seen such a situation before.

DAERA told the News Letter: “Officials have not refused the Minister’s instruction, however, they are currently considering the wider implications of fulfilling the Minister’s request.” It is understood one likely course of action would be for the permanent secretary to seek a “ministerial direction” from Mr Poots, an official order in the case of contentious issues which would mean that he the minister alone would take responsibility for his instructions.

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