Government’s ‘interest is engaged’ over new claims in Northern Ireland Protocol legal case

Discussions have now been held to establish if any department at Whitehall wants to intervene in a challenge to Mr Poots’ decision to halt the post-Brexit inspections.

With those checks continuing under judicial order, the ongoing consultations mean the dispute is not expected to be resolved before the summer recess.

Legal action is being taken against Mr Poots for instructing his officials in February to stop the checks on goods entering Northern Ireland from Great Britain.

The step taken by the Stormont Agriculture Minister came amid continued DUP opposition to the Northern Ireland Protocol.

Unionists claim the arrangements, which involve inspecting British products to ensure compliance with EU laws, threatens the region’s status in the UK.

Mr Poots said he had received legal advice that he could direct a halt in the absence of approval for the checks from the wider Stormont Executive.

The lawfulness of his decision is being challenged by a Sinn Fein member granted anonymity, another applicant named Edward Rooney, and Belfast City Council.

Amid claims that it frustrated a statutory purpose, they claim the Stormont administration allocated implementation of Irish Sea border checks to the Department of Agriculture, Environment and Rural Affairs (DAERA).

The step taken by Mr Poots was so significant and controversial that it required consent from the full Executive, it is contended.

The challenge was put on hold last month after senior counsel for the Minister, John Larkin QC, questioned whether the relevant Official Control Regulations placed any duty on DAERA.

He suggested that it may instead be an issue for Her Majesty’s Government.

At a further hearing today, the court was told consultations on the new legal point have been held with the Foreign & Commonwealth Office, HM Revenue & Customs, and the Department for Environment, Food and Rural Affairs.

Tony McGleenan QC disclosed: “We discussed the quite prominent issue raised in the DAERA argument about the applicability of the (arrangements under the Protocol).

“That has generated interest across the Whitehall departments, but there are some issues about intervening in a matter that is generally devolved.”

The barrister confirmed he will take further instructions on whether any of those bodies want to become actively involved in the litigation.

“I’m not in a position to communicate a final position now, but the Government’s interest is engaged in this matter,” he said.

Mr McGleenan added that he hoped to provide a “definitive” position before the legal term ends later this month.

With Mr Justice Colton stressing that the Government should be given the opportunity to decide if it wants to become involved, he was told the Minister is anxious to obtain a decision.

“Your Lordship will be aware of the passage of time and the effect on the holding of ministerial office,” Mr Larkin said.

“One wouldn’t want the case to become moot for another reason.”

The judge responded: “I read every day in the newspaper that the Prime Minister is anxious to resolve this matter, and I have no doubt that he is.”