Brexiteers warn sovereignty is threatened by ECJ's role in Northern Ireland

UK sovereignty will be threatened by the continued role of the European Court of Justice (ECJ) in Northern Ireland after January 1, senior Brexiteers have warned.

Michael Gove, Chancellor of the Duchy of Lancaster, confirmed in the Commons on Wednesday that the UK will “accept the acquis [the body of EU law] in a specific number of areas in Northern Ireland” from next year.

EU law will still apply to key areas such as customs and state aid, a leading pro-Leave barrister said, after the Government this week withdrew contentious clauses from Brexit legislation that sought to curtail the ECJ's involvement in domestic UK affairs.

The clauses were scrapped after Mr Gove secured a deal on Tuesday with Maroš Šefčovič, European Commission Vice-president, to reduce checks on goods and food moving between the mainland and Northern Island. On Wednesday night prominent Tory Brexiteers threatened to try and re-insert the clauses, however.

Unease about an ongoing role for the ECJ and EU law in Northern Ireland was voiced in the House by Conservative MP Richard Drax, who said: “We’ve gone to all this effort to be free of these structures.”

The chorus of concern grew louder as the day drew on. David Jones, deputy chairman of the European Research Group (ERG) of hardline pro-Leave Tories, said of the Northern Ireland protocol that governs the trade of goods and food over the Irish Sea: “There’s the overarching issue of sovereignty. The continued jurisdiction of the European Court of Justice is a problem.”

Speaking to The Telegraph, Mr Jones said: "The ECJ is where the sovereignty of the EU resides. If it is the supreme legal authority as far as the Northern Ireland protocol is concerned, we can't say we’ve fully taken back our sovereignty.”

As Mr Gove faced scrutiny from MPs, he stressed that provision for the ongoing role of EU law had been contained in the Withdrawal Agreement, which “was signed before the general election, which was in the Conservative manifesto – which for many, not all, members of this House supported”.

Martin Howe QC, a prominent pro-Leave barrister, said the Government appeared to have “completely abandoned any attempt to roll back any ECJ jurisdiction under the protocol or any parts of the Withdrawal Agreement”.

Setting out some details how the protocol will work, Mr Gove insisted that businesses in Northern Ireland will not be required to fill out export forms to send goods to Britain from January 1.

He said “unfettered access” to the mainland had been secured, insisting no additional requirements would be placed on Northern Irish businesses, bar in a limited way for the trade of endangered species and conflict diamonds.

Questions were raised about the role of EU officials, which Mr Gove sought to play down, saying: “There will be no Belfast mini-embassy or mission, as some in the EU originally sought, and the EU officials will not have any powers to carry out checks themselves.”

He characterised the arrangements as sensible and practical, allowing for reciprocal data-sharing to ensure both sides have confidence in the new system.

On Wednesday night Sammy Wilson, the DUP’s Brexit spokesman, said the presence of EU officials in Northern Ireland would allow them to effectively exert control over their UK counterparts.

While the agreement does not allow EU officials to directly stop and search vehicles during customs checks, he said the protocol still gave them the “final say” on when these should take place.

Mr Wilson likened the situation to Gibraltar, adding that officials from the Rock had warned “their fate” was dependent on the demands made by Spanish officials on the other side of the border.

“We will effectively be subject to the whims of Brussels. It’s hardly getting back to sovereignty when the flow of trade can be affected by officials from a foreign jurisdiction working in UK territory," he said.

Sir Bill Cash, a prominent Brexiteer, also weighed in on the issue, saying: "It’s perfectly clear that EU officials are going to be part of the jurisdiction. They will be there to enforce EU law and to force UK officials to comply with that law and be subject therefore to the European court.”

Additionally, DUP MPs and Conservatives members of the ERG expressed disquiet at the lack of clarity over the importing of chilled meats from Great Britain after a six-month grace period has elapsed.

Fears have arisen that it could lead to a ban on sausages moving from the mainland to Northern Ireland from July unless the issue is resolved.

A senior Government source said: "In January Parliament took a sovereign decision to pass the Withdrawal Agreement including the Protocol which applied some state aid rules in Northern Ireland. These rules will entirely fall away if the people of Northern Ireland choose not to renew the Protocol in future."