'Utter confusion' amid the handover of Stormont powers to London, says scrutiny committee chair Tom Elliott

His comments come after the DAERA minister Andrew Muir said that animal health laws are no longer his responsibility and are now “subject to the direction and control of the Secretary of State” after a question from the TUV leader Jim Allister.

Control over policies impacting on the operation and oversight of the Irish Sea border were transferred to London as part of the Safeguarding the Union deal between the government and the DUP – negotiations Stormont’s other parties weren’t involved in.

It is likely that several Stormont departments will be affected by the new powers, given that most are impacted to some extent by continuing EU law.

However, the Fermanagh MLA says that position is being contradicted by government officials at Westminster – and says his party leader Doug Beattie has written to the Secretary of State on the matter.

Mr Elliott said: “This situation has emerged over recent weeks with the DAERA Minister Muir declaring in the Assembly Chamber, ‘Following the coming into force of the Windsor Framework (Implementation) Regulations 2024, the implementation of the requirements of animal health law in Northern Ireland, including those relating to disease prevention, no longer sits within my ministerial responsibilities. It now comes under the direction and control of the Secretary of State for Environment, Food and Rural Affairs. A significant list of areas is included, such as foot-and-mouth disease, African swine fever, avian influenza, rabies, bluetongue, bovine TB, bovine viral diarrhoea and many more.’

“It appears that Westminster officials dispute this view, it has been suggested they take the position that responsibility for animal health in Northern Ireland remains under the control of DAERA.

“These are two absolute opposite positions. At Thursday’s Agriculture, Environment & Rural Affairs committee it was agreed to invite DAERA and UK government officials to a committee meeting and brief us from their viewpoints.

“While we have heard from the DAERA Minister, I understand these regulations also impact on other departments. This situation cannot continue, it leaves businesses, farmers and individuals confused and potentially Northern Ireland Ministers do not have powers that they should have.

“This process undermines the very democracy that we have waited so long to achieve and deliver on.

“The loss of devolved powers due to the Windsor Framework (Implementation) Regulations 2024 is a direct result of the DUPs 'Safeguarding the Union' deal with the Government at Westminster. My party leader, Doug Beattie, has written to the NI Secretary of State seeking clarification on the matter, including budget implications.”

Earlier this week, The News Letter asked the DAERA minister if he was not concerned that significant parts of his brief have been handed over to the UK government as part of a side deal with the DUP. Minister Muir said: “This is uncharted territory for all of us, I continue to engage with ​UK Government on the matter to address issues arising. DAERA will comply with its statutory requirements under the applicable law.”

The Windsor Framework (Implementation) Regulations give the Secretary of State the power to take control of implementing the Protocol – instead of locally elected ministers. The role of the EU is unchanged, but Stormont will have fewer powers in scrutinising decisions taken by the UK government to implement decisions it takes alongside, or on behalf, of the EU.

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

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 be routinely 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.