Legislation the DUP said would stop checks on the Irish Sea border is causing 'chaos' at Stormont - Doug Beattie

The UUP boss says it is “literal chaos – where one side doesn’t know what the other side is doing or saying”. He said one hand Stormont’s agriculture (DAERA) minister is saying he’s not responsible for animal health law – and on the other hand the Northern Ireland Office is saying it’s still Stormont’s remit.

Mr Beattie has written to the Secretary of State seeking clarity on where responsibilities lie.

Control over implementing the Irish Sea border was handed back to London as part of the DUP – Tory Safeguarding the Union deal. Regulations and guidance were recently published to give effect to a pledge to remove checks at NI ports, but while they give sweeping powers to the NI Secretary they do not clarify how it will work on a day to day basis and where the lines of responsibility are drawn.

Former DUP leader Sir Jeffrey Donaldson said the legislation would “empower the government to remove the green lane checks and to ensure that goods move freely between Great Britain and Northern Ireland where they are staying within the UK”. So far, no such directions have been made. Critics have accused the DUP of trying to avoid scrutiny of the scale and operation of the border, but the party rejects that – saying it is committed to removing trade barriers.

Despite the exclusion of the other executive parties from the overall deal, they have been remarkably quiet about the transfer of powers to London. The Ulster Unionist leader said there has been no pushback from the Alliance Party or Sinn Fein.

Doug Beattie told the News Letter: “There’s been no pushback from the Alliance Party and there doesn’t seem to be any pushback from Sinn Fein at all. The only pushback seems to be from ourselves and Jim Allister.

“The Safeguarding the Union deal has actually undermined some of our devolution powers. And it has undermined our ability to scrutinise. We’re not even able to get answers to questions now on some subjects because ministers are saying that’s no longer our responsibility”.

The potential scale of the issue emerged earlier this week when Jim Allister questioned the DAERA minister Andrew Muir about vaccines for Bovine TB, prompting the DAERA minister Andrew Muir to say that animal health laws are no longer his responsibility and are now “subject to the direction and control of the Secretary of State”.

The News Letter asked the minister if he was not concerned that significant parts of his brief have been handed over to the UK government as part of a side deal with the DUP. Minister Muir said: “This is uncharted territory for all of us, I continue to engage with ​UK Government on the matter to address issues arising. DAERA will comply with its statutory requirements under the applicable law.”

UUP DAERA committee chair Tom Elliott said yesterday that MLAs this week agreed to invite DAERA and UK government officials to a committee meeting to discuss the matter. “While we have heard from the DAERA Minister, I understand these regulations also impact on other departments. This situation cannot continue, it leaves businesses, farmers and individuals confused and potentially Northern Ireland Ministers do not have powers that they should have.

“This process undermines the very democracy that we have waited so long to achieve and deliver on”, he said.

The regulations don’t change the role of the EU and the Windsor Framework is unchanged, but Stormont ministers will have fewer powers in scrutinising decisions taken by the UK government to implement the decisions it takes alongside, or on behalf, of the EU.

Executive ministers will not be allowed to see advice given to the Secretary of State by their own departments if Mr Heaton-Harris or any of his successors don’t want them to see it. Ministers will also be routinely barred from seeing any information which “attracts legal privilege; was provided in confidence or otherwise engages commercial confidentiality”. Even the existence of legally privileged information may not be disclosed to Stormont ministers.

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