The Stormont Assembly’s voting on the implementation of a fresh EU regulation in Northern Ireland represents the inaugural examination of a tool found in the post-Brexit Windsor Framework trade agreement. This tool, referred to as an applicability motion, entails one of the agreement’s democratic consent methods.
The Windsor Framework Treaty was established between the EU and the UK in the month of February, last year, existing as a replacement for the contentious protocol arrangement concerning post-Brexit commerce guidelines between Northern Ireland and the UK. This protocol had precipitated a two-year shutdown of Stormont, instigated by the DUP.
The replacement agreement, which allows the North to comply with certain EU goods legislations, empowers Assembly members regarding the execution of fresh or revised EU goods laws. Under the old protocol, Stormont politicians were devoid of any influence.
The applicability motion is one of three mechanisms accessible to MLAs for the introduction of fresh EU regulations. They require the endorsement of the majority of unionist and nationalist parties for activation – known as cross-community support.
A mechanism called the “Stormont brake” emerged following the sealing of the deal, which encompasses revisions and amendments to pre-existing EU laws. This requires a minimum of 30 Assembly members, belonging to at least two different parties, to petition – only in extreme scenarios and as the ultimate solution – that alterations should not be imposed in Northern Ireland.
The third mechanism, democratic consent vote, will be undertaken later this year in Assembly, where MLAs will be asked to consent to the ongoing use of articles five to 10 of the Windsor Framework. Essentially, these pertain to the regulations guiding the transport of goods and electricity across Ireland. This consent was given to prevent the formation of a hard border and to maintain the EU’s single market.
The most recent motion presented by the DUP – defeated after unionist parties opposed it – revolved around a law for the safeguarding of geographical indicators linked to artisan and industrial items, for instance, ceramic and pottery.
This result carries importance as the responsibility now lies with the UK government to make a decision on the law’s introduction.
The UK government’s default approach requires an applicability motion to be passed, according to David Phinnemore, Professor of European Politics at Queen’s University Belfast. The matter under consideration is whether the introduction of the new EU Act will essentially formulate a fresh regulatory boundary concerning the transportation of commodities from Great Britain to Northern Ireland.
Various business representatives have privately voiced their consternation over the lack of preceding engagement before Tuesday’s motion. DUP leader Jeffrey Donaldson labelled it a pivotal occurrence, while SDLP brushed it aside as mere theatrics.
Unanticipatedly, one industry representative highlighted the dearth of awareness about the issue and consequently the struggle to formulate an informed opinion on this specific piece of legislation. They urged the Assembly to ensure that future instances are accompanied by an adequate degree of substantive consultation.
Additionally, the representative remarked on the unclear stance of their colleagues after a recent conversation. They lacked a concrete understanding of whether the scenario served as an opportunity or a risk, describing it more as a ‘brake test’ rather than a justification to apply them presently.