The responses from the UK Government will raise EU suspicions that it is planning to turn a blind eye to the move by Edwin Poots, Northern Ireland’s agriculture minister, which was branded illegal by critics.
Mr Poots ordered on Wednesday that Irish Sea border checks on British agricultural and food exports to Northern Ireland should cease from midnight. The checks prevent a hard land border on the island of Ireland.
The order was branded unlawful by Sinn Fein’s Michelle O’Neill, the deputy first minister of the Northern Ireland Assembly.
Mr Poots claims he has legal advice that Stormont must approve the animal, plant and health checks to ensure British goods meet EU standards.
“A decision to initiate or continue such checks could not be validly taken in the absence of executive approval,” Mr Poots told reporters. “The advice concluded that I can direct the checks to cease in the absence of executive approval.”
He said he would present a paper on the next steps “in the near future”.
It is not clear if Anthony Harbinson, Mr Poots’ senior civil servant, will comply with the order. Other checks on non agri-food goods will continue.
‘Attempt by the DUP to unlawfully interfere with international law’
While the DUP insists the Civil Service is obliged to follow the order, Sinn Fein said officials could not be forced to break the protocol and international law.
“This stunt is an attempt by the DUP to unlawfully interfere with domestic and international law,” Ms O’Neill said.
The DUP has repeatedly threatened to collapse the Assembly unless there is progress in protocol talks. Opponents suspect Mr Poots’s order is a bid to shore up flagging support ahead of Stormont elections in May.
Sinn Fein has opened up an 8 per cent lead over the DUP ahead of the elections, according to a recent LucidTalk opinion poll for the Belfast Telegraph.
Dublin said that the Brexit treaty superseded the Assembly’s powers and raised the possibility of legal action.
An Irish official said: “As the Protocol is part of an international agreement agreed and ratified by the UK and EU, its implementation is a matter of international law.”
