Unnamed Sinn Fein in court challenge to DUP minister’s decision to halt work on border control posts

A DDP minister is facing a High Court challenge to his decision to stop work on permanent border control posts at Northern Ireland ports.
By Alan Erwin
Published 3rd Mar 2021, 17:21 BST
Embargoed to 0001 Friday April 6 The ferry terminal in Larne Harbour where German backpacker Inga Maria Hauser arrived in April 1988 from Scotland, two weeks before her body was discovered in a remote part of Ballypatrick Forest on the outskirts of Ballycastle, Co Antrim.Embargoed to 0001 Friday April 6 The ferry terminal in Larne Harbour where German backpacker Inga Maria Hauser arrived in April 1988 from Scotland, two weeks before her body was discovered in a remote part of Ballypatrick Forest on the outskirts of Ballycastle, Co Antrim.
Embargoed to 0001 Friday April 6 The ferry terminal in Larne Harbour where German backpacker Inga Maria Hauser arrived in April 1988 from Scotland, two weeks before her body was discovered in a remote part of Ballypatrick Forest on the outskirts of Ballycastle, Co Antrim.

Lawyers representing an unidentified member of Sinn Fein have issued a pre-action protocol letter as the first step towards seeking a judicial review of the move taken by Gordon Lyons

They claim the agriculture minister acted unlawfully by failing to consult colleagues on the Stormont Executive.

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Solicitor Paul Farrell of McIvor Farrell said: “Our client regards the minister’s actions as shoddy and based solely on a partisan political stunt by the DUP.”

Mr Lyons announced last Friday that he was ordering a halt to work on the facilities for carrying out checks on food products arriving from Britain. Officials were also asked to stop recruitment of inspection staff.

He said it was in response to practical difficulties caused by the Northern Ireland Protocol.

But he has been heavily criticised by other political parties who accused him of acting unilaterally on an issue which required broader Executive consent.

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Correspondence issued by the Sinn Fein member’s legal representatives express concern that the move will frustrate the Protocol and could jeopardise the Belfast Agreement.

It contends that Mr Lyons took a decision on a significant and controversial issue in breach of the Ministerial Code.

Due to the urgency of the issue, a response from Departmental solicitors is being sought by Friday.

Mr Farrell added: “Our client regards the minister’s actions as unlawful and destabilising to the good governance of Northern Ireland.

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“In arriving at his decision the minister failed to consult the Executive Committee, contrary to the constitutional framework set out in the NI Act 1998 which requires collective decision making by the Executive Committee.

“In doing so our client contends he breached the Ministerial Code, and has also failed to have regard to his obligations to implement the Northern Ireland Protocol.”

Related topics:Gordon LyonsNorthern Ireland