Implementation of Stormont Brake could leave Northern Ireland in the 'worst of all worlds', says TUV

In Saturday's News Letter, UUP MLA Tom Elliot revealed how officials told him that if the key mechanism of the Windsor Framework was applied, then Northern Ireland would have different regulations from both the rest of the UK and the EU.

Mr Elliot added that this would leave Northern Ireland "in limbo" and the mechanism has been "mis-sold".

When asked for their viewpoint, a TUV spokesperson today stated that the implementation of the brake was "remote" and could leave Northern Ireland "outside both the EU and the UK regulatory framework".

A spokesperson said: “The perceptive comments by Mr Elliott in Saturday's News Letter cut through the spin which has surrounded the so-called "Stormont Brake" to make a key point which up until now has been missed.

"Anyone who has seriously considered the mechanism knew that the likelihood of it ever being deployed was remote. However, Mr Elliott has highlighted a distinct issue - that in the event of the Stormont Brake being pulled it will not result in Northern Ireland moving to the regulation in GB but rather reverting to the old EU regulation.

"As he correctly said, rather than the brake being a win for unionism which could prevent divergence from the rest of the UK, it raises the possibility of Northern Ireland being left in the worst of all worlds, outside both the EU and the UK regulatory framework."

Under the original NI Protocol, changes to EU rules on customs, goods and agriculture applied automatically in NI. The brake – introduced under the Windsor Framework – was an attempt by the government to provide some say for Stormont politicians on whether certain individual EU laws should apply. It means that if 30 MLAs from at least two parties object to a particular EU rule the UK government could – in theory – permanently veto it.

However, Mr Elliott told the News Letter: “The Stormont Brake may be a poison chalice of the Windsor Framework, that could leave NI in complete limbo if initiated.

“We are all very aware that it is unlikely that the Stormont Brake would ever be implemented to its conclusion. However, as I understand should the Assembly initiate this mechanism following the implementation of a new EU regulation that we disagree with, and the Stormont Brake is approved to its conclusion, then NI wouldn’t move to the GB regulation, nor continue with the new EU regulation either, NI would default into the old EU regulation.

"This will have unmanageable consequences, it would worsen our position and cripple us as NI would sit outside both UK and the EU member states regulatory framework as a third party – this would be far from what was sold as the best of both worlds.

“This emergency stop button on EU directives and regulations is ‘beyond unworkable’ and I believe has been grossly mis-sold”.

Many politicians believe it is unlikely the brake would ever be used. The DUP’s Sammy Wilson told the News Letter that if it was applied “the whole deal would fall apart”.

The East Antrim MP said: "The signal they [the EU] would send out if they accepted a UK veto of any sort on EU laws applying to Northern Ireland would be horrendous – in their eyes. That’s why the UK will never do it. The EU would simply say – see your trade agreement? Stuff it”.