DUP legislation on checks hands powers to Tories and reduces Stormont's power to scrutinise Irish Sea border

Last week, Sir Jeffrey Donaldson told the News Letter “we will see soon further legislation being tabled in parliament, which will give the government the powers they need to direct our local authorities to end the checks on goods moving from Great Britain to Northern Ireland and staying within the UK”.

Legislation has now been published which gives the Secretary of State the power to take control of implementing the Protocol – instead of locally elected ministers.

The role of the EU is unchanged, but Stormont will have fewer powers in scrutinising decisions taken by the UK government to implement decisions it takes alongside, or on behalf, of the EU.

Sir Jeffrey posted on social media platform X, welcoming the legislation. He said: “The Implementation Regulations laid today in Parliament are a vital part of Safeguarding the Union and will give the UK Government the power to end unnecessary checks on goods moving from GB to NI through the UK Internal Market”.

However, the Secretary of State’s new powers are within the confines of the Windsor Framework, which requires a minimum of 5% checks. A government official said last month that a law obligating 5% sea border checks is a '”fundamental underpinning” of the Windsor Framework and won't be removed – the new legislation does not remove that legal obligation.

The ‘Windsor Framework (Implementation) Regulations 2024’ remove the ability of Stormont politicians to require a UK government minister – or NI department – to report information to Stormont if it relates to decisions taken by the UK government in implementing the Windsor Framework.

It also prevents Stormont calling for witnesses and documents on decisions by the Tory government in London.

The DUP leader also said the legislation “will help restore our place in the UK and its internal market in line with our Article 6 rights under the Acts of Union which have been further protected in law. Whilst there is much more to do, these measures expose the claims made by our detractors that nothing has been changed. The law is changing as a result of what the [DUP] has achieved. It is plain for all to see”.

The TUV leader Jim Allister said the “regulations are a wholly Jesuitical attempt to provide a figleaf to the DUP to pretend they are not implementing the Protocol by giving Whitehall ministers the oversight and directional powers”.

The TUV leader said it “contains draconian moves to diminish any democratic oversight or scrutiny by the Assembly” and “pulls the teeth of the supposed Windsor Framework Scrutiny committee by denying it the power to ask for information”.

Alliance deputy leader Stephen Farry said: “Brexit poses challenges for Northern Ireland.

“Legal obligations fall upon the UK Government to ensure implementation of the Windsor Framework. This legislation should be considered a vehicle for the UK doing so.

“Alliance didn't support Brexit. We are pragmatic around how it is managed. We continue to advocate a comprehensive UK-EU agreement as a better way forward.”

Anti-protocol campaigner Jamie Bryson said it was far from Sir Jeffrey’s promise to deliver ‘zero checks and zero customs paperwork’.

“There is not one word of an obligation to reduce checks and customs paperwork to zero, in fact this legislation is all about delivering the implementation of the Irish Sea border, but in a way which allows the DUP to claim they don’t have their hands on it” he said.

​