Northern Ireland secretary Brandon Lewis has failed to explain the government's legal basis for taking unilateral action on the Brexit protocol governing Irish Sea border checks.
Ministers last week extended grace periods for NI businesses adjusting to new checks on some goods coming from Great Britain as set out in the withdrawal agreement.
Labour’s Hilary Benn questioned Mr Lewis on which Brexit deal clause the government had considered before making the move. “Is it Article 16, which allows the UK to unilaterally take appropriate safeguard measures? And, if not, which other article is he citing?” Mr Benn asked in the Commons.
But – despite repeatedly insisting the government is acting “lawfully” – Mr Lewis was unable to point to any part of the protocol that allows it.
The exchange came after EU Commission chief Maroš Šefčovič set out a number of legal options to challenge the UK decision at a closed-door meeting with member states on Tuesday night. The commission is expected to issue a letter of formal notice to the UK in the coming days, Irish broadcaster RTE reported.
Elsewhere, the two sides are embroiled in a fresh vaccine row after the bloc accused Britain of imposing export restrictions on Covid-19 shots. In a newsletter sent to some 20,000 subscribers, EU Council president Charles Michel claimed the UK had imposed an “outright ban” on the movement of vaccine supplies.
