Sea border law is the problem, not who enforces it - former DUP policy chief Dan Boucher responds to new guidance

Secretary of State for Northern Ireland Chris Heaton-Harris is now in control of Irish Sea border issues including staffing and the movement of plants according to Stormont's DAERA minister. Picture by Jonathan Porter/PressEyeSecretary of State for Northern Ireland Chris Heaton-Harris is now in control of Irish Sea border issues including staffing and the movement of plants according to Stormont's DAERA minister. Picture by Jonathan Porter/PressEye
Secretary of State for Northern Ireland Chris Heaton-Harris is now in control of Irish Sea border issues including staffing and the movement of plants according to Stormont's DAERA minister. Picture by Jonathan Porter/PressEye
The former DUP policy director says that laws requiring sea border checks are the problem rather than who enforces them – and that new Windsor Framework rules also undermine devolution.

Dan Boucher was responding to guidance issued on regulations which formed part of his party’s deal with the government – regulations which promised an end to checks on goods entering Northern Ireland from Great Britain.

“Given that neither the Guidance nor the Windsor Framework (Implementation) Regulations themselves removes the Green Lane legislative requirements for 100% documentary checks and 10 to 5% identity checks, it is unclear how these new regulations release the Secretary of State from the statutory responsibility to direct that the legally required checks must take place.

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“It does not matter whose direction is used to enforce the law, but that the law exists cutting the UK into two and disenfranchising 1.9m UK citizens in NI in not just one but 300 areas of law.

“Rather than removing the border in the Irish Sea to the extent that it pertained to the Green Lane, the only thing that these regulations and their guidance do is to confirm that it continues in place as much as ever.”

Mr Boucher, who resigned from his job last month over the party’s deal, said the regulations will stop NI politicians being directly responsible for implementing legislation that undermines the union.

“This, however, does not change the fact that if Safeguarding the Union is accepted this legislation has to be implemented and, under the direction of the Secretary of State, in a manner that also undermines devolution”, he added.

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