Exclusive: What's in the legal text to be published by the UK government as part of DUP Stormont deal

It comes as Sir Jeffrey Donaldson says Northern Ireland will benefit fully from UK free trade deals – and the removal of checks on goods moving between GB and NI and staying within the UK.

The full legislative provisions will be laid before Parliament on Wednesday – as well as a possible ‘command paper’ – which wouldn’t have a legal effect but would present the overall deal.

The News Letter understands some of the provisions that will come before Parliament to be as follows.

The government is proposing clarifications to the UK Internal Market Act to show it is committed to an ‘ongoing guarantee’ for Northern Ireland goods being sold into the rest of the UK. The Act already provides for this access – which is allowed under the Windsor Framework.

The government will also change regulations to stop Northern Ireland being used as a ‘back door’ into the Great Britain market – and ban food and feed goods travelling from NI to GB unless they come from a NI establishment or are for personal use.

There will also be a ‘Northern Ireland Constitutional Law’ statutory instrument in relation to the Windsor Framework. This will be brought under the EU Withdrawal Act 2018.

This will commit to NI’s status as part of the UK and its economy – including the customs union and internal market. It will state that Parliament can legislate for Northern Ireland – which it has always been able to do as the sovereign parliament – and say that this will be done via the Northern Ireland Act 1998 and the Union with Ireland Act 1800.

It will include a commitment that the UK government won’t strike a deal (relating to NI) with Brussels that would create a new regulatory border in the Irish Sea. It is unclear if it will stop the government from striking deals on behalf of Great Britain which could potentially harden the Irish Sea border.

There will also be provisions which mean UK ministers must give a statement to the Commons about whether or not any new legislation creates new regulatory barriers between NI and GB.

There will also be a commitment to a review of the Windsor Framework which a government minister must present to the EU-UK joint committee.

Under the UK Internal Market Act – the government is proposing clarifications which show it is committed to an ‘ongoing guarantee’ for Northern Ireland goods being sold into the rest of the UK. The Act already provides for this and it is already explicitly allowed for under the Windsor Framework – but the proposed new instruments are more explicit about a guarantee in future.

In December, Sir Jeffrey Donaldson asked the Prime Minister to “bring forward legislation to amend the UK Internal Market Act – and both guarantee and future-proof Northern Ireland’s unfettered access to the UK’s internal market in all scenarios”. Rishi Sunak confirmed that he stood ready to legislate if Stormont was restored.

The Act already means NI products can’t be discriminated against in the Great Britain market, whether they meet GB regulatory standards or not. However, as part of the deal between the DUP and the Government, clarifications to Section 45 of the legislation will seek to provide further assurances on the commitments already made to ‘unfettered’ NI–GB trade.

The News Letter understands that the proposed clarification will give a commitment to ‘permanent’ unfettered access. The DUP have been seeking to ‘future-proof’ the access Northern Ireland already has.

It would prohibit UK authorities from introducing ‘new’ controls or administrative processes on goods travelling from Northern Ireland to Great Britain – so long as stopping those controls doesn’t interfere with the UK’s international obligations – or VAT or excise commitments under the Protocol.

It will also reaffirm commitments made under the Windsor Framework that export declarations won’t be needed from Northern Ireland.

The News Letter also understands that the clarifications secured by the DUP to the UK Internal Market Act will allow the Secretary of State to issue guidance to assist public bodies dealing with NI – GB trade. Those public authorities must have ‘regard’ for what the Secretary of State advises – although it does not appear that he can instruct them.

There will also be changes to the types of goods which qualify as Northern Ireland goods – under the Definition of Qualifying Northern Ireland Goods Regulations 2020.

It appears this would stop companies from using Northern Ireland as a back door into the Great Britain market. This has been a concern for some in the DUP because they believed such abuse of the system could push a future UK government to halt the scheme to protect the GB market.

It would also stop ‘feed and food’ goods from having full access to the Great Britain market – unless it comes from a Northern Ireland based establishment – or is part of someone’s luggage. That could benefit food producers and farmers in Northern Ireland.

Yesterday, Sir Jeffrey Donaldson announced that the deal "ensures Northern Ireland benefits fully from UK free trade deals - key elements in our requirements, in our negotiations with the government".

"I believe that what we have delivered is significant, on checks on goods moving between GB and NI and staying within the UK there will no longer be physical checks or identity checks save where, as is normal anywhere in the UK, there are suspicions of smuggling or criminal activity.

"On customs paperwork again, customs declarations, supplementary declarations will be gone and we believe this represents a significant change.

"Some people said you’re going to take the green lane, paint it red white and blue and put a flag on it – well if someone wants to put a flag on it, whatever.

"But as far as we’re concerned the green lane will go and be replaced by the UK internal market system that reflects the reality that NI is part of the UK, that goods flowing within the UK flow freely, that was our core key objective."

Access to the green lane has always been conditioned on businesses being part of the UK internal market scheme, although Sir Jeffrey’s comments suggest that it will be renamed – as well as being much less cumbersome for traders than the current arrangements.