Rwanda Bill: Brussels demands full implementation of EU rights in NI - as DUP MP warns ministers of 'border control posts for people'

The DUP’s Sammy Wilson says the Rwanda bill could ultimately result in border control posts for people in order to check the status of those travelling between NI and GB. The party voted against the bill at Westminster this week.

Despite the government originally claiming that the law would apply to the entire United Kingdom – there have been repeated questions about whether the policy can apply in Northern Ireland because of the Windsor Framework.

The framework guarantees certain European rights in Northern Ireland – such as the Charter of Fundamental Rights – as the UK has committed to ensuring that rights which existed before Brexit can’t be diluted.

A Brussels spokesperson told the News Letter that while they don’t comment on draft legislation: “Article 2 of Windsor Framework provides that the United Kingdom shall ensure that no diminution of rights, safeguards or equality of opportunity, as set out in that part of the 1998 Agreement entitled Rights, Safeguards and Equality of Opportunity, results from its withdrawal from the Union.

"The Windsor Framework is to be implemented in full, and in good faith – which includes the provisions on ‘Rights of individuals’ (Article 2) of the Windsor Framework”.

The Northern Ireland Office previously told the News Letter that: “Article 2 is not engaged in the legislation introduced by the Government in respect of the Rwanda scheme and that legislation is clear that it applies in full across the UK - including Northern Ireland."

However in Parliament on Tuesday, the Home Secretary told the DUP’s Jim Shannon that the government was “conscious” of differential treatment in different parts of the United Kingdom. James Cleverly said: “At the moment, the challenge of the number of refugees is not as significant in Northern Ireland as in other parts of the UK, but, as the honourable Gentleman has heard me say before, we are always conscious to make sure that all parts of the UK are, and feel that they are, in the thinking of the Government as we move forward”.

But the government has no plans to allow judges to disregard parts of the Windsor Framework – as it aims to do with other pieces of legislation which have blocked the Rwanda scheme from operating.

The Rwanda Bill has highlighted the fact that the Windsor Framework goes beyond trade arrangements. The DUP peer Lord Dodds posted on X, formerly Twitter, “The Irish Sea Border is not just about trade. It must go.”

And in a letter to Home Office ministers, seen by the News Letter, DUP MP Sammy Wilson said: “The Rwanda Bill will further detach Northern Ireland from UK law, in this instance in the area of immigration because through the Windsor Framework and the Northern Ireland Protocol Bill EU immigration law will still apply to Northern Ireland and the European Court of Justice will be able to block the Bill’s provisions in Northern Ireland.”

Mr Wilson continued: “In the longer term our concern is that Northern Ireland, being the door into Great Britain for illegal asylum seekers, may become subject to border control posts for people in order to check the status of those moving from Northern Ireland into GB adding further to the physical separation between Northern Ireland and the country we belong to”.

The East Antrim MP asked the government to ensure the Rwanda Bill would override Belfast Agreement and Windsor Framework legislation. That did not happen, and appears unlikely to – given the UK’s commitment to the Windsor Framework.

Unionists have raised concerns that Northern Ireland will be treated differently to the rest of the UK in the Rwanda Bill because of two key pieces of legislation which may allow migrants in NI to have additional rights to avoid the Rwanda scheme. They are the Charter of Fundamental Rights and the 2005 Procedures Directive Article 7. The EU made clear that it expects the UK to ensure no diminution of rights – as agreed under the Windsor Framework.

The Rwanda scheme has become a key test for the authority of Rishi Sunak’s government. It passed a vote at second reading this week – however that appears to have merely delayed a conflict in the Tory party between those who believe the bill goes too far – and those who think it doesn’t go far enough.