Customs and trade expert says Windsor Framework would leave NI bound to EU regulation and capacity for substantive legislative changes may be limited

Dr Anna Jerzewska, a customs and trade expert, and Professor Michal Gasiorek, an economic policy specialist from the University of Sussex spoke on a panel at Queen's University Belfast on Friday.

Professor Gasiorek said the deal would leave Northern Ireland firms bound to EU regulation.

The DUP withdrew first minister Paul Givan from the Stormont executive in February 2022 in protest at the internal UK trade barriers created by Brexit's Northern Ireland Protocol.

The UK and EU agreed the Windsor Framework earlier this year in an attempt to address unionist concerns about the protocol but the DUP has indicated it will not return to the Stormont Assembly until the UK Government provides further assurances over Northern Ireland's place in the UK internal market.

One of the main parts of the framework, the green/red lane system for the movement of goods, became operational at Northern Ireland ports on Sunday.

Dr Jerzewska said the Windsor Framework was a "remarkable achievement".

"Looking at what the EU has done with its other borders, what we got under the framework was to me personally quite a remarkable achievement," she said.

"Based on how little enforcement and how all of this is based, in many ways, on trust and acknowledgement this is a very unique situation that requires unique solutions."

Ms Jerzewska said the "main change" between the Windsor Framework and the protocol from a customs perspective was the introduction of the red lane/green lane system.

"When it's fully implemented, the green lane system is going to mean that not only do traders not have to pay tariffs, but also the amount of data and paperwork required for traders will be minimum," she said.

Professor Gasiorek said the framework would leave NI bound to EU regulation.

"The Windsor Framework, to the extent that it covers goods trade, covers the sorts of issues that Anna was talking about - customs, tariffs, duties. It doesn't cover regulations.

"EU regulations still apply in Northern Ireland - for most goods, it's not true for all goods. There are some exceptions, but for most goods.

"So the regulatory requirements of (the) EU single market still apply in Northern Ireland, whereas they no longer apply in the rest of the UK, in GB."

He added: "Importantly, the Windsor Framework does not exempt or does not change the regulatory requirements for NI firms to produce to EU regulation for most goods."

The DUP is currently in negotiations with the UK government to achieve legislative assurances of Northern Ireland's economic position under the framework.

Professor Gasiorek said the capacity for substantive legislative changes may be limited.

"Are there any legislative changes which might help things along, in a sense? I'm not sure there are," he said.

"It seems to me that when enacting, introducing policy that impacts on communities, consent is really, really important."