Order issued suspending Edwin Poots move to halt post-Brexit checks

A High Court judge in Belfast has issued an interim order suspending a decision by Minister for Agriculture Edwin Poots which directed a stop to post-Brexit agrifood checks at Northern Ireland ports.

Mr Justice Colton confirmed that inspections on goods entering Northern Ireland from Great Britain must continue pending the outcome of legal challenges to the step taken by Mr Poots.

The development came as an unidentified member of Sinn Féin and another individual were both granted leave to seek a judicial review of the Stormont Agriculture Minister’s decision.

“There shouldn’t be any doubt or confusion hanging over those civil servants who have to comply with the law,” the judge said.

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“I propose to make an order, suspending the order or instruction given by the Minister for Agriculture until further order of this court or completion of these proceedings.”

On Wednesday Mr Poots announced that checks were being stopped as part of the DUP’s opposition to the Northern Ireland Protocol. He issued the order ahead of his DUP colleague Paul Givan resigning as Northern Ireland’s First Minister.

Unionists oppose the post-Brexit arrangements, which involve inspecting British products to ensure compliance with EU laws.

Mr Poots said he had received legal advice that he could direct a halt in the absence of approval for the checks from the wider Stormont Executive.

But the lawfulness of his decision is now under challenge by a Sinn Féin member granted anonymity, and a second applicant named Edward Rooney.

The cases involve a claim that the Minister is frustrating a statutory purpose.

According to those behind the challenge, the Executive has already dealt with the issue by allocating implementation of the Irish Sea border checks to the Department of Agriculture, Environment and Rural Affairs.

They contend that the step taken by Mr Poots was so significant and controversial that it required full Executive consent.

At a preliminary hearing on Thursday, a Departmental Solicitor’s Office confirmed the instructions would not be acted on before noon on Monday.

But in court on Friday counsel representing Mr Poots, Aidan Sands, said: “The Minister has looked at the matter, he is not prepared to give an undertaking in the meantime.

“The department’s position is that the decision taken, and instructions given to officials, were entirely lawful.”

Following those submissions Mr Justice Colton ruled that an arguable case has been established in both actions.

Listing the challenges for full hearing next month, the judge also agreed to grant interim relief aimed at “holding the ring” to ensure the checks continue.

“In the event this direction, order or instruction (by Mr Poots) turns out to be unlawful, that does have consequences beyond the courts,” he said.

“That points in favour of maintaining the status quo, preserving good administration and good order.”