Irish Sea border: Extent of NIO control over Stormont departments revealed - as MLAs and ministers' access to information curtailed

Jim Allister has accused the DUP of colluding with the government to prevent “exposure of the extent and effect of the Irish Sea border” – while the DUP says it has been consistent in arguing that “all barriers to trade should be gone”.

Meanwhile, the Sinn Fein run finance department has acknowledged that it may impact the Executive’s budget and decision-making in relation to Windsor Framework issues.

The regulations – part of the Safeguarding the Union deal between the DUP and the Tories – were sold by Sir Jeffrey Donaldson as giving the government powers to end checks.

Thus far, there has been little evidence that the new rules will do that - but it is now clear the extent to which they will remove the ability of local ministers and MLAs to access information. Data previously available to MLAs on issues such as border checks has been stopped – with the agriculture minister saying that issues including staffing and the movement of plants are now matters under the “direction and control of the Secretary of State”.

Regulations giving the UK government more powers over the implementation of the Irish Sea border were laid in March – but recently-published statutory guidance gives more details on the impact on Stormont.

Executive ministers will not be allowed to see advice given to the Secretary of State by their own departments if Mr Heaton-Harris or any of his successors don’t want them to see it. Ministers will also routinely be barred from seeing any information which “attracts legal privilege; was provided in confidence or otherwise engages commercial confidentiality”. Even the existence of legally privileged information may not be disclosed to Stormont ministers.

The Secretary of State now also exercises “direction and control” in deciding what information can be released by Stormont departments under Freedom of Information requests. Much of the information available to the public about how much the border arrangements cost, how it is staffed and how it operates has – until now – emerged as a result of Assembly questions from the TUV.

Jim Allister told the News Letter: “Far from the DUP deal easing the Irish Sea border it has in fact removed it from scrutiny with information, which I previously obtained through Assembly Questions, on the number of checks etc now blocked.

“Clearly, the DUP knew what it was doing in securing such secrecy - it did not want exposure of the extent and effect of the Irish Sea border of which it now has ownership. Such collusion to hide the operation of the continuing border which partitions the United Kingdom is as appalling as the checks which still continue. Protocol implementers clearly love darkness rather than light!”

In response, the DUP’s North Belfast MLA Phillip Brett said “Mr Allister complains when the Assembly and Executive governs Northern Ireland instead preferring Westminster rule yet when the Secretary of State takes power over the UK internal market he complains about such direction and control”.

Mr Brett said: “Whilst more needs to be done it is typical of Mr Allister that he attaches more effort to attacking fellow unionists rather than focusing on those who brought about the Protocol. He has no plan and no influence when it comes to securing Northern Ireland’s place within the Union.”

There are other implications for Stormont ministers, including in relation to the ability of the Secretary of State to make decisions with an impact on Stormont finances. The News Letter asked the finance minister, Sinn Fein’s Caoimhe Archibald, if she is content with the new regulations. A spokesperson said direction from Westminster was only for the extent necessary to support the operation of the framework – and that costs are provided by the Treasury – adding that “outside of matters relating to the Windsor Framework, this guidance should not affect the Executive’s ability to make decisions or control its budget”.

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