Gove assures EU the UK will speedily build checkpoints at four NI ports

He was speaking in the Commons to answer questions about a deal struck this week with the EU about Northern Ireland’s position regarding its alignment with the UK from January 1, when the temporary transition period for Brexit ends.

The government has repeatedly said it will not allow a border down the Irish Sea.

Confusingly, Mr Gove both indicated that checks already take place between NI and GB, and also said that infrastructure for such checks are in the process of being built.

He told MPs: “Border infrastructure is there to ensure that sanitary and phytosanitary checks can be made... the House knows it’s already the case that the island of Ireland is a single epidemiological zone.

“And therefor when live animals move from GB to NI there are physical checks. There will be border facilities in order to ensure that these limited and proportionate SPS checks can be carried out at the Port of Foyle, Warrenpoint, Belfast and Larne., and we’ve reassured the Commission and indeed others about the speed and effectiveness with which the necessary limited infrastructure will be in place.”

A joint statement from Michael Gove on Tuesday, alongside EU commission vice-president Maroš Šefčovič, said the Protocol on Northern Ireland “protects the Belfast (Good Friday) Agreement in all its dimensions, maintaining peace, stability and prosperity on the island of Ireland”.

The statement said: “Following intensive and constructive work over the past weeks by the EU and the UK, the two co-chairs can now announce their agreement in principle on all issues, in particular with regard to the Protocol.”

There was deep concern from unionists on Tuesday night after the government dropped clauses from the Internal Markets Bill, which had reassured Northern Ireland of certain limits to the coming Irish Sea border.

The government had said in view of “mutually agreed solutions”, it will withdraw clauses 44, 45 and 47 of the UK Internal Market Bill – which could have overridden the Withdrawal Agreement.

Clause 44 “gives UK ministers the power to make provisions about the application of exit procedures to goods moving from NI to GB”, according to a Parliamentary document.

Any provision made using this power may provide for requirements arising as a result of “any international or domestic law, not to be recognised, available, enforced, allowed or followed”.

Clause 45 lets the Secretary of State to make provision about how State aid rules are to be interpreted.

And Clause 47 “states that regulations made under clauses 44 and 45 cannot be deemed to be unlawful on the basis of incompatibility with international or domestic law,” says the Parliamentary paper.

“For instance, any regulations made under clause 45 will have effect, regardless of any relevant international or domestic law with which they are incompatible or inconsistent.

“Thus, if enacted, clause 47 means that the Government could use the delegated powers just described to overturn commitments entered into not just by means of the Protocol, but also by means of the Withdrawal Agreement—regardless of whether or not those commitments have previously been implemented in primary legislation.”

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