Protocol latest: Sinn Fein and DUP clash as both claim that they are the ones on the side of upholding the law

Edwin Poots would be acting unlawfully if he moves to halt Brexit checks at Northern Ireland’s ports, Michelle O’Neill has warned.
By Adam Kula
Published 10th Jan 2022, 18:15 BST
Updated 10th Jan 2022, 18:20 BST
Northern Ireland's deputy First Minister Michelle Oâ€TMNeill, speaks outside Parliament Buildings. Picture date: Monday January 10, 2022. PA Photo. Stormont's Agriculture Minister would be acting unlawfully if he moved to unilaterally halt Brexit checks at Northern Ireland's ports, Michelle O'Neill has warned. Northern Ireland's deputy First Minister also said the senior civil servant in Edwin Poots' department could not follow any order from Mr Poots to end checks, is it would be in contravention of the law and would not have the approval of the wider Stormont Executive. See PA story POLITICS Brexit Checks. Photo credit should read: David Young/PA WireNorthern Ireland's deputy First Minister Michelle Oâ€TMNeill, speaks outside Parliament Buildings. Picture date: Monday January 10, 2022. PA Photo. Stormont's Agriculture Minister would be acting unlawfully if he moved to unilaterally halt Brexit checks at Northern Ireland's ports, Michelle O'Neill has warned. Northern Ireland's deputy First Minister also said the senior civil servant in Edwin Poots' department could not follow any order from Mr Poots to end checks, is it would be in contravention of the law and would not have the approval of the wider Stormont Executive. See PA story POLITICS Brexit Checks. Photo credit should read: David Young/PA Wire
Northern Ireland's deputy First Minister Michelle Oâ€TMNeill, speaks outside Parliament Buildings. Picture date: Monday January 10, 2022. PA Photo. Stormont's Agriculture Minister would be acting unlawfully if he moved to unilaterally halt Brexit checks at Northern Ireland's ports, Michelle O'Neill has warned. Northern Ireland's deputy First Minister also said the senior civil servant in Edwin Poots' department could not follow any order from Mr Poots to end checks, is it would be in contravention of the law and would not have the approval of the wider Stormont Executive. See PA story POLITICS Brexit Checks. Photo credit should read: David Young/PA Wire

However, Mr Poots has argued exactly the opposite – that keeping the checks going would in fact be illegal.

The impasse has emerged in the wake of a publication by a group called Unionist Voice Policy Studies, led by loyalist Jamie Bryson.

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In it, Mr Bryson (backed by what he says is a team of several lawyers and academics – who have not been named) he argued that the wording of the Good Friday Agreement, the 1998 Northern Ireland Act, and the Ministerial Code all means that the 12-minister Stormont Executive as a whole is legally obliged to discuss and decide upon whether checks should take place.

The idea is that, once it is officially raised in a meeting of the Executive, all the unionist ministers present will be able to veto the checks, citing a lack of cross-community support.

Mr Bryson’s analysis was subsequently backed up by agriculture minister Mr Poots, who said last week that he agrees this is a legally-sound way forward.

Mr Poots had faced much flak last year over the fact that, despite his unionist beliefs, it was his own department’s workers who were carrying out many of the port checks on goods entering Northern Ireland from Great Britain.

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Taken together these checks and the red tape that comes with them are dubbed the “Irish Sea border”.

Mr Poots declared last week that even if Sinn Fein block the Protocol from going on the official agenda of the Executive’s meetings, “not allowing it onto the table won’t stop me carrying out my responsibilities – which would be to stop the checks in association with the law as defined in the Belfast Agreement.

“It would appear to us we need to have Executive support to continue to carry out the checks, therefore that will go to the Executive.

“In the absence of that coming forward, we’ll make that decision.”

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But today, Ms O’Neill said: “For Edwin Poots to take any unilateral action would be unlawful.

“There is a legal responsibility on him to implement the checks and to make the protocol work.

“There’s also a very clearly stated Executive policy that it is the DAERA minister’s responsibility to ensure that happens.

“That was agreed by all Executive parties, including the DUP, so they should stop speaking out of both sides of their mouths...

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“There’s a distinct lack of honesty from the DUP the whole way through the Brexit debate. There is no room for Edwin Poots to stop the checks.”

First Minister Paul Givan today backed up Mr Poots, saying: “Whether it’s put on the agenda or not, it does not change the reality around these checks that are taking place being controversial – that requires Executive approval if a minister is wanting to continue to do that.”

Justice Minister Naomi Long backed Ms O’Neill’s legal interpretation of the issue.

“Edwin tried this before last year, he came to the Executive and tried to stop the checks,” she said.

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“He got a rather clear letter from George Eustice, who was then the (UK) Defra minister, telling him that he had a legal obligation to implement them...

“I will not support Executive colleagues breaking the law.”

More from this reporter:

Click here: Kate Hoey voices fears over influence of anti-Union ‘activism’ in NI courts and media as fresh protocol report published

Click here: Jamie Bryson claims victory over Protocol: here’s precisely how the loyalist believes he has found a way out

Click here: Sinead O’Connor blames Irish government for the death of her son at age 17

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