Status of Brexit checks at ports unclear after 'extremely unhelpful' Poots order

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Status Of Brexit Checks At Ports Unclear After 'Extremely Unhelpful' Poots Order
The DUP's Edwin Poots instructed officials at ports in the North to stop the agri-food checks at midnight on Wednesday. Photo: PA Images
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By David Young, PA

Additional reporting by Vivienne Clarke.

The status of Brexit checks at ports in the North remained unclear on Thursday morning after a deadline passed for a ministerial order to halt them.

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The North's Agriculture Minister Edwin Poots issued the unilateral direction on Wednesday evening, instructing officials to stop the agri-food checks at midnight.

However, there has been no confirmation from Stormont officials whether they intend to comply with the order.

Speaking on Thursday morning, European Commissioner Mairead McGuinness described the order as "extremely unhelpful".

DUP rivals at Stormont insist Mr Poots’ direction is unlawful and civil servants are obliged to follow the law at all times.

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Lorries were still being received at a Department of Agriculture, Environment and Rural Affairs (Daera) checking facility in Belfast Port earlier on Thursday morning.

Several vehicles entered the facility after the ferry arrived from Cairnryan in Scotland at 6am.

A staff member declined to confirm to the PA news agency whether the agri-food checks required under the Northern Ireland Protocol were continuing.

The picture is further clouded due to the fact some of the port checks have been delegated to local council staff while UK Border Force personnel also have a presence at the facilities. It is unclear what would happen to their roles if the Daera staff withdrew.

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Mr Poots’ direction only relates to the sanitary and phytosanitary (SPS) checks required by the protocol. The customs procedures on Irish Sea trade are unaffected by his instruction.

Legal advice

Announcing the move on Wednesday, Mr Poots said legal advice he had sought on the issue supported his view that he was entitled to stop the checks.

Mr Poots’ order came after he failed to secure the wider approval of the Stormont Executive last week to continue checks on agri-food produce arriving in the North from Britain.

The minister argues that in the absence of Executive approval he no longer has legal cover to continue the documentary checks and physical inspections.

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However, the source of this advice remains unclear, prompting calls for the suggestions to be made public.

Speaking to RTÉ Radio's Morning Ireland programme, the chief executive of Manufacturing Northern Ireland Stephen Kelly said the checks were "international obligations on businesses".

Mr Kelly added the legal advice "was not provided by the current Attorney General, it is from a former Attorney General," stating it was important for the public to see both pieces of advice.

Businesses in the North need stability and certainty, he said, adding: "At the moment, we have neither of these."

The UK government has said it will not intervene in what it has characterised as a matter that falls within the Stormont Executive.

Britain's Northern Ireland secretary Brandon Lewis has denied claims the development is a “stitch-up” between the Government and the DUP.

'Extremely unhelpful'

Also speaking to RTÉ Radio, Ms McGuinness said Mr Poots' actions will cause uncertainty and unpredictability for businesses in the North.

The North was in a unique situation which required checks on goods to avoid a hard border on the island of Ireland, she said, adding that businesses in the North had said there was a problem for which the EU had offered solutions.

A lot of hard work had been put into the Northern Ireland Protocol, Ms McGuinness said, questioning the reasoning of Mr Poots' for making the order.

Ms McGuinness added that she wants to see an end to the uncertainty and unpredictability for businesses.

Mr Poots' move was “absolutely a breach of international law”, she said.

Ms McGuinness also confirmed a routine call between the EU's Maros Sekcovic and UK foreign secretary Liz Truss will take place later today, at which the issue will be discussed.

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