‘Uncertainty for businesses in Northern Ireland’

In a statement on Thursday morning, the European Commission said the gambit was “unhelpful” as it attempts to negotiate a number of fixes to end the trade chaos caused by the Northern Ireland Protocol.

“The European Commission has been working tirelessly with the UK Government to address practical challenges related to the implementation of the Protocol,” the EU’s Brussels-based executive said. 

“The decision by the Northern Irish Minister for Agriculture is therefore unhelpful. It creates further uncertainty and unpredictability for businesses and citizens in Northern Ireland.”

Despite the Government insisting the customs controls of agri-food products are a matter for the Northern Irish executive, Brussels has called for Downing Street to intervene and demonstrate “respect of the international obligations it has entered into”.

“The European Commission will closely monitor developments in Northern Ireland pursuant to this announcement,” it added.

Brussels said on Thursday its “preliminary information is that the checks are taking place”.

It came after videos posted on social media showed officials in hi-vis jackets were seen opening up and examining lorries. 

Downing Street also said checks are continuing to be carried out, while the Prime Minister’s official spokesman said the Government was continuing to look at the legal situation.

“As we speak checks are continuing to take place at ports in Northern Ireland, as they have done before,” the spokesman said.

“We are monitoring the situation closely and keeping the legal position under review.”

Protocol ‘not working and must be fixed’

Britain will deny colluding with the DUP over its order to halt Irish sea border checks but will tell Brussels today it won’t overrule the controversial decision on the Northern Ireland Protocol.

Liz Truss will tell the European Commission’s Maros Sefcovic that it is a matter for the Northern Ireland executive alone, The Telegraph understands.

The Foreign Secretary, who is in Covid isolation, will attempt to convince Mr Sefcovic that the controversy proves the Protocol is not working and must be fixed. The call was arranged to evaluate progress in ongoing talks to cut the number of checks needed under the Brexit treaty. 

Dublin has raised the prospect of legal action if the trade checks eventually stopped in the coming days. 

Simon Hoare MP, the Tory chair of the Northern Ireland select committee, said the UK needed to overrule the DUP rather than be complicit in a breach of international law.