Protocol / Windsor Framework latest: Citizens in Great Britain would not accept what is being demanded of Northern Ireland says Lord Frost

​Lord Frost, the UK’s former chief Brexit negotiator, has unleashed a broadside of criticism at Rishi Sunak’s revamped Protocol deal, saying citizens in GB would not tolerate what NI citizens are being asked to accept.
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​The senior Tory figure also pointed to the so-called Stormont Brake, saying that while it is not quite totally useless, “the idea that this is going to stop the imposition of EU law is fundamentally wrong”.

This Stormont Brake is a major plank in the Windsor Framework, and had been touted as a major win for the UK side in its negotiations with the EU because, it is claimed, it will give unionists a way to veto regulations emanating from Brussels.

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Lord Frost had already voiced criticism of the government’s deal eight days ago in a piece written for the Daily Telegraph.

Now he has amplified this considerably with an interview in the website Spiked.

The website is often seen as leaning in a libertarian direction, and its former editor Brendan O’Neill quizzed him about his verdict on the deal.

First of all, Lord Frost objected to the name, saying “I can’t quite bring myself to call it the Windsor Framework, because all they’ve done is renamed the protocol... it is the protocol, very slightly amended, applied in a slightly softer fashion”.

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Echoing a view that has been voiced by others – including UUP grandee Lord Empey last night, see below – he said the government appears to have “oversold” the contents of the deal.

Lord Frost (pictured at an event hosted by think-tank Policy Exchange)Lord Frost (pictured at an event hosted by think-tank Policy Exchange)
Lord Frost (pictured at an event hosted by think-tank Policy Exchange)

He went on to say: “I would like the government to have said that this can’t be a final endpoint – a sovereign country can’t live with another country being sovereign in part of its territory.

"But it hasn’t said that.”

Lord Frost (who held a succession of EU-related top jobs in government from 2019 to 2021) said that he believes “the DUP, and unionism more broadly in Northern Ireland, have got a difficult problem now, because I imagine everybody is a bit conflicted”.

"On the one hand, there is the desire for life to get back to normal,” he said

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"On the other hand, there is the understanding that there is still a sovereignty problem.

“I think the British people would not accept this in any other part of the United Kingdom’s territory, but many seem willing to accept it in Northern Ireland.”

He voiced specific criticism of the Stormont Brake mechanism built into the deal.

The existing Protocol says that, before the end of 2024, the Assembly has to vote on whether Articles 5 to 10 of the Protocol should continue to apply in NI.

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Articles 5 to 10 cover things like customs, trading certificates, VAT and excise – basically the core components of the Irish Sea border.

If a motion calling for the sea border to remain in place passes by a simple majority, then this will decide the matter for either four or eight years, depending on the weighting of the vote.

The reason this is a problem for unionists is that they no longer have an outright majority in Stormont, so any motion backed by Alliance, SDLP, and Sinn Fein (all of whom have been positive towards the Protocol) would pass, leaving them without a “cross-community veto”.

It is expected this voting arrangement will continue as part of the Windsor Framework, but it has now been joined by the Stormont Brake.

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The government says that the Assembly can pull the Stormont Brake by “30 MLAs from two or more parties coming together to sign a petition”.

The brake can only be pulled in cases involving “new or amended EU goods rules that would have a significant impact on the day-to-day lives of businesses and citizens” says the government, not for “trivial reasons”.

There is no definition of what “significant” means, however.

And it will not affect is any pre-existing EU goods rules which are in force right now – only “new or amended” ones.

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Once pulled, the UK government will consider vetoing the law after discussions with the EU.

"I am not at all excited by this, I’ve got to admit,” said Lord Frost.

"I don’t see the brake really being usable in practice…

“There will be tremendous pressure not to use the brake in practice and to stick with EU arrangements.

"So, it’s an extra tool – it’s not worth zero.

"But the idea that this is going to stop the imposition of EU law is fundamentally wrong, in my view.”