Lord Empey: Windsor Framework ruling has ‘opened can of worms’ with constitutional and economic implications

Lord Empey said the issues raised by the deal will ultimately end up in the courts, adding that the Belfast Agreement could not possibly have envisaged what rights the EU would adopt a quarter of a century later.

The court of appeal recently confirmed that EU rights under the Windsor Framework trump domestic UK law when the two clash – and the Equality Commission has also clarified the extent to which Northern Ireland employment and rights law will have to adhere to Brussels directives.

This is all despite a promise from the previous government that the Windsor Framework was only about trade, with the vast majority of public policy untouched by it.

Lord Empey, reacting to the latest developments, told the News Letter: “The Windsor Framework Committee in the Lords has been monitoring this matter and has frequently heard from and been in touch with both the equalities and human rights bodies.

“I believe they will be encouraged by last week's judgement, but it opens a can of worms both with political/constitutional and economic implications.

“Those who led us into Brexit without a thought through plan have a lot to answer for.

“As part of an international treaty supported overwhelmingly in Parliament, the terms of the Windsor Framework are likely to take precedence over domestic considerations.

“I am convinced that this dispute as well as others upcoming will end up being decided in the courts.

“The Belfast Agreement could not possibly have envisaged many of the detailed employment and other terms and conditions now being considered by the EU with some arguing that what EU does we must do here. Unionists have rights too and one of them is to have the sovereignty of NI as part of the UK respected. HM Government has vigorously argued that it is not bound to follow the EU in these matters”.