NI Agriculture Minister Edwin Poots says he has taken the decision after receiving legal advice.
Image source, Getty Images
DUP minister Edwin Poots has ordered his officials to halt Irish Sea border checks from midnight.
He had been threatening to act, as part of the DUP’s ongoing opposition to the Northern Ireland Protocol.
Mr Poots said he had taken legal advice which meant he could direct the checks to stop in the absence of executive approval for them.
The protocol was agreed by the UK and EU to ensure free movement of trade across the Irish border after Brexit.
But unionist politicians have been critical of the arrangements, saying they are damaging Northern Ireland’s place in the UK.
Under the deal, checks on goods from Great Britain must take place at Northern Ireland’s ports to make sure they comply with EU laws.
But Mr Poots believes the checks are unlawful and cannot continue without approval from the Stormont Executive.
Last week, his bid to force an executive rethink on the issue was blocked by Sinn Féin.
Mr Poots had sought executive support for the checks continuing, ahead of a legal challenge by loyalist blogger Jamie Bryson.
He argued the challenge made clear that checks must be approved by all ministers as they are controversial and cut across various departments.
He said legal advice he had received on Wednesday confirmed that the implementation of Sanitary and Phytosanitary (SPS) checks required approval from the Stormont Executive.
Mr Poots said that meant he was able to direct the checks to cease, and he had issued a formal instruction to his department’s permanent secretary to halt all checks not in place on 31 December 2020 as of midnight tonight.
BBC News NI has contacted the Department of Agriculture, Environment and Rural Affairs and the Northern Ireland Office for a response.
The minister added that he would prepare a further paper for the executive seeking approval for the measures in due course.
Sinn Féin maintains that Stormont has a legal obligation to enforce the checks, and that the executive agreed in May 2020 to designate Mr Poots’ department to perform the controls.
Sinn Fein’s John O’Dowd said Mr Poots needed to “catch himself on” and accused him of “playing party politics”.
“The protocol is the law – the DUP signed off in the executive that they would adhere to the regulations in the protocol,” he said.
“All these matters can be resolved through the protocol. The executive has a position that they will adhere to the protocol – the principle remains you have to adhere to the law.
“I’ve no doubt the civil service will take its own advice and will be examining this very closely.”
More to follow