Stormont agriculture minister Edwin Poots has issued an order to halt Brexit checks on food and farming products at Northern Ireland’s ports from midnight.
The agri-food checks, which are required under the terms set out in the Northern Ireland Protocol, were stopped after Mr Poots said he had received legal advice which stated that he could do so.
The Northern Ireland Protocol is a post-Brexit agreement between the UK and EU to ensure free movement of trade across the Irish border.
Speaking from Stormont on Wednesday evening, former leader of the Democratic Unionist Party, Mr Poots, said: “I have taken legal advice in relation to my position from senior counsel. Earlier today I received that legal advice.
“It stated that at present there is presently no Executive approval for SPS checks. The implementation of SPS checks requires Executive approval.
“A decision to initiate or continue such checks could not be validly taken in the absence of Executive approval.
“The advice concluded that I can direct the checks to cease in the absence of Executive approval.
“I have now issued a formal instruction to my permanent secretary to halt all checks that were not in place on December 31 2020 from midnight tonight.
“I will prepare a paper for Executive consideration in the near future to seek agreement on a way forward.”
Sinn Fein, the party the DUP shares power with, said the move was unlawful and “a stunt”.
Northern Ireland’s deputy first minister Michelle O’Neill, of Sinn Fein, tweeted: “This stunt is an attempt by the DUP to unlawfully interfere with domestic, and international law.
“DUP fixated on their own priorities, which are clearly at odds with where the wider community is at. Health, Jobs, Housing, Cost of living crisis is where the rest of us are focused.”
Meanwhile, Sinn Fein MLA John O’Dowd said: “The protocol is the law.
“The DUP signed off at the Executive that they would adhere to the regulations within the protocol.
“The facts remain the same. The Executive has a position that they will adhere to the protocol, to the European Withdrawal Agreement, and the principle remains for all Executive ministers, 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.”
Alliance Party leader Naomi Long said people are tired of “grandstanding and instability” over the Northern Ireland Protocol.
She tweeted: “People are tired of this grandstanding and instability.
“Edwin (Poots) received clear legal advice in March 2020 when he first tried this stunt.”
Mrs Long said the advice was clear that the Department of Agriculture is “obliged by law to undertake these checks”.
She added: “Step up and do the job or step aside.”