Deputy First Minister warns unilateral action on protocol checks would violate the law.
A heated political and legal standoff has arisen in Northern Ireland over Brexit-related port checks, with Deputy First Minister Michelle O’Neill warning that any unilateral attempt by Agriculture Minister Edwin Poots to halt these checks would be unlawful.
Mr Poots has indicated his intention to stop the checks mandated by the Northern Ireland Protocol unless they receive explicit approval from the Stormont Executive. However, Ms O’Neill stated that the responsibility to implement the checks, as agreed by the Executive, rests firmly with the Agriculture Minister.
The controversy intensified after a legal challenge by Unionist Voice Policy Studies argued that the ongoing checks were unlawful without broader Executive approval. In response, Mr Poots plans to present a paper to the Executive seeking a formal decision on their continuation.
Deputy First Minister O’Neill dismissed Mr Poots’ interpretation, emphasising that the legal obligation to enforce the checks remains. She also highlighted that senior civil servants in the Department of Agriculture, Environment and Rural Affairs (Daera) are required to uphold the law, even if instructed otherwise by the minister.
“There is a clear legal responsibility on Edwin Poots to implement these checks,” Ms O’Neill said, accusing the DUP of political posturing instead of addressing critical issues such as health waiting lists and pandemic recovery.
First Minister Paul Givan, a DUP colleague of Mr Poots, countered by asserting that there is a “sound legal basis” for halting the checks without Executive consensus. He insisted the current situation is controversial and requires collective approval under Stormont’s rules.
Justice Minister Naomi Long sided with Ms O’Neill, stating that Mr Poots is bound by his legal obligations. She pointed out that similar attempts by Mr Poots in the past had failed, with the UK government affirming the requirement to implement the checks.
“This is not a new issue,” Ms Long stated. “Edwin Poots knows the legal obligation exists. Any move to halt the checks without proper Executive approval would breach the law.”
The DUP’s stance has drawn criticism for exacerbating tensions over the Northern Ireland Protocol, a component of the Brexit deal designed to avoid a hard border on the island of Ireland.
As the debate unfolds, the situation underscores the ongoing challenges of implementing the protocol amid political divisions and legal uncertainties in Northern Ireland.
