Halt to Northern Ireland Brexit checks ‘a breach of international law’ | Brexit

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A decision by a Democratic Unionist minister to halt all Brexit checks on food and animals entering Northern Ireland has been described by Ireland’s European commissioner as “an absolute breach of international law”.

The move announced by the devolved administration’s agriculture minister, Edwin Poots, on Wednesday has been branded an electioneering stunt by opposition parties in Northern Ireland and has set the UK on a collision course with the EU.

Mairead McGuinness, the finance commissioner in Brussels, said the two sides were working “tirelessly” to resolve the dispute over the checks, and the move – which came into effect on Thursday – was unhelpful. “This announcement has created uncertainty and unpredictability and certainly no stability, so I’m not sure what the purpose of this move is… it’s an absolute breach of international law,” she told RTE.

A spokesperson for the European Commission said the issue would be raised at a meeting between the UK’s foreign secretary, Liz Truss, and the commission vice-president Maroš Šefčovič later on Thursday.

“The European Commission will closely monitor developments in Northern Ireland pursuant to this announcement. It recalls the responsibility of the UK government for the respect of the international obligations it has entered into. The protocol is the one and only solution we have found with the UK to protect the Good Friday (Belfast) agreement.”

That Brussels did not reference any legal action in its statement indicates that diplomacy will be the first line of offence in the latest row.

Ireland’s foreign minister, Simon Coveney, also described the move as “a breach of international law”.

But the Northern Ireland secretary, Brandon Lewis, told ITV that the decision was a matter for the Northern Ireland government and that such unilateral action “was exactly the sort of thing” London had been warning the EU might happen to ensure goods move across the Irish Sea seamlessly.

The DUP MP Sammy Wilson confirmed to BBC Good Morning Ulster that the advice was given by the former Northern Ireland attorney general John Larkin. He predicted the move would accelerate a solution after almost a year of negotiations between the UK and Brussels.

“If it requires a bit of a kick for a bit of reality to come into these talks, then what has happened today is a bit of kick. This will also test whether the checks are really necessary because 95% of the goods are not going near the Irish republic.”

Simon Hoare, the Conservative MP and chair of the Northern Ireland select committee, suggested the move had put the reputation of the UK at stake. He tweeted: “In relation to NI Protocol checks: I’m a Conservative. I believe in the Rule of Law and adhering to obligations we voluntarily entered. There’s no ifs and buts on this. The reputation of the UK on these matters is important. Anyone who cares about the UK should feel the same.”

Boots confirmed on Thursday that checks were continuing to take place at Northern Ireland’s ports while “financial” issues were being considered. He predicted they would stop “in days”.

Lorries coming off the 6am ferry from Cairnryan in Scotland were still being directed at the border control post with officials-vis jackets seen checks in the back of at least one lorry.

Seamus Leheny, of the trade association Logistics UK, told BBC reporters at the port that the order only applied to checks on the 3% of lorries carrying food and animals. He added that the removal of checks would not mean a reduction in the customs administration and other paperwork his members were obliged to complete.

Northern Ireland is due to hold elections in May and opinion polls suggest the Irish nationalists Sinn Féin could overtake the DUP to become the largest party for the first time.

Boots, who was leader of the DUP last May, is also facing local turmoil. Last week he lost out in his attempt to be selected for the South Down constituency in the upcoming local election.

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