The Cabinet Minister said the European Court of Justice should not have any jurisdiction in the region. Mr Javid’s warning came as negotiations kicked-off between Britain and the EU over a new NI Brexit deal.
The Health Secretary told Sky: “Looking forward, there should not be a role for the European Court of Justice in any part of the UK and that includes Northern Ireland.
“I think it is an over-legalistic approach that the court has. Lord Frost has been really clear about this with the speech that he made this week. One of the most important issues is to end the role of the ECJ in Northern Ireland.”
Brussels insists it has gone “to the limits” in making concessions to the UK.
The European Commission has laid out measures to slash 80 percent of regulatory checks and dramatically cut customs processes on the movement of goods, especially food and farming produce, between Britain and the island of Ireland.
The Government welcomed the announcement, signalling it wants “intensive talks” to follow the EU’s proposals.
At the same time, however, a Government spokesman said there has to be “significant changes” to the Northern Ireland Protocol in the Brexit Withdrawal Agreement if there is to be a “durable settlement”.
EU experts were in London for talks on Thursday with counterparts from the UK, while Brexit minister Lord Frost is expected in Brussels today to meet European Commission vice-president Maros Sefcovic to discuss ways to break the deadlock.
EU ambassador João Vale de Almeida said Brussels cannot go any further following Wednesday’s proposals.
“We went to the limits of what we can do to address the problems of Northern Ireland because we care for Northern Ireland,” he told the BBC.
He stressed that the EU cannot accede to a key British demand to remove the role of the European Court of Justice (ECJ) in overseeing the protocol.“There is no single market without the European Court of Justice. It’s the referee of the single market,” he said.
Lord Frost has previously said the role of European judges is something the UK cannot accept.
But in a sign that he may be willing to compromise, he told peers on Wednesday that he never used the term “red lines” in his negotiations.
Under the terms of the protocol, which was agreed by the UK and EU as part of the 2020 Withdrawal Agreement, the ECJ would be the final arbitrator in any future trade dispute between the two parties on the operation of the protocol.
The UK now wants to remove that provision and replace it with an independent arbitration process.
One option reported to be under consideration by Brussels is a reduced role for European judges.
Under the plan, disputes would go to an independent arbitration panel, with the ECJ asked to interpret narrow matters of EU law as a last resort after dispute resolution has failed.
The package of proposals already set out by the EU would remove the prospect of certain produce, including sausages, being banned from being shipped from Great Britain to Northern Ireland.
The EU plan also includes a 50 percent reduction in customs paperwork required to move products across the Irish Sea.
In return, the trading bloc has asked for safeguards to be implemented to provide extra assurances that products said to be destined for Northern Ireland do not end up crossing the Irish border.
The Northern Ireland Protocol was agreed by the UK and EU as a way to sidestep the major obstacle in the Brexit divorce talks – the Irish land border.
It achieved that by shifting regulatory and customs checks and processes to the Irish Sea.
But the arrangements have created new economic barriers on goods moving from Great Britain to Northern Ireland.