Stormont departments must 'systematically embed' Windsor Framework in all policies, the Equality Commission says

All new Stormont policies must be screened for compliance with the Windsor Framework’s provisions for EU rights, the Equality Commission says – despite an assurance from the last government in its ‘Safeguarding the Union’ deal with the DUP that the arrangement was only about trade.

The Sinn Fein-led economy department has confirmed that it is screening upcoming employment legislation for compliance with the protocol under Article 2 – but the Equality Commission says it is “concerned” this approach has not been rolled out across all Stormont ministries.

placeholder image — The Stormont Executive was restored after the DUP accepted that sufficient progress had been made in its Safeguarding the Union deal with Rishi Sunak's government. The Windsor Framework remained intact - and departments will now have to screen all policies for compliance with its provisions, the Equality Commission says. Photo: Kelvin Boyes/Press Eye/PA Wire

When asked whether its ministers will embed protocol screening into all future legislation, the DUP said that the scope of Article 2 of the framework “is still disputed and a matter of appeal by the Government”.

A party spokesperson added: “In Westminster and Stormont, the DUP will continue to campaign to restore Northern Ireland’s place within the United Kingdom, including removing the application of EU law in our country and the internal Irish Sea Border it creates”.

It is now increasingly clear the extent to which the controversial post-Brexit deal for Northern Ireland stretches beyond the trade in goods. It guarantees “no diminution of the rights” enshrined in the Belfast Agreement – as well as provisions for the continued application of EU standards in areas such as employment.

The broad scope of the Windsor Framework’s commitment to EU rights law here has prompted concern from some unionist politicians that the deal will be used to further erode Northern Ireland’s place in the UK. Nationalists and Alliance see it as vital to protect the 1998 peace deal.

The framework requires the UK to ensure that Northern Ireland meets EU standards on areas such as aspects of benefits provision, race relations, employment rules, discrimination law and company law, amongst others.

The last government attempted to assuage DUP concerns in its ‘Safeguarding the Union’ deal, claiming that “the Windsor Framework applies only in respect of the trade in goods – the vast majority of public policy is entirely untouched by it”.

That is now exposed as demonstrably untrue – a fact that was also clear when the deal was agreed.

In 2022, Northern Ireland’s publicly funded equality watchdogs – the Equality Commission and NI Human Rights Commission – published their legal view on the EU rights which would apply under the protocol.

The organisations also stated their belief that the UK has “an obligation” to “keep pace with any enhancement to those protections and to amend Northern Ireland’s equality law accordingly”.

The News Letter asked Stormont’s economy department about its upcoming legislation on Good Jobs and improving workers’ rights – and whether Article 2 of the Windsor deal is a consideration for this – and indeed all policy and legislation the department is working on.

A spokesperson for Conor Murphy’s department said: “Article 2 of the Windsor Framework requires ministers and departments to ensure that no diminution of the rights, safeguards and equality protections contained in the relevant part of the Belfast Good Friday Agreement 1998 occur as a result of the withdrawal from the EU.

“New policy proposals, including those contained within the Good Jobs Consultation, are considered against this commitment as part of a wider screening process. Consideration of Article 2 requirements is an ongoing process and will be revisited once the Good Jobs Consultation responses have been analysed and before policy decisions are to be taken.”

There have been arguments from the rights sector that the EU Parental Leave Directive, the EU Pregnant Workers Directive and other safeguards for part-time and agency workers fall within the scope of Windsor Framework Article 2 – and that Northern Ireland equality law must “keep pace” with these changes because of the UK government’s commitment under the deal for dynamic alignment.

An Equality Commission spokesperson said: “Article 2 of the Windsor Framework provides legal protections that certain equality and human rights in Northern Ireland are not reduced after Brexit and while there has been some progress by the NI Executive and some government departments in embedding consideration of the Windsor Framework Article 2 including into processes, significant work is still required.

“We continue to be concerned that comprehensive training and guidance on Windsor Framework Article 2 has not yet been rolled out across NI departments and there is limited evidence that early consideration of Article 2 has been systematically embedded in their policy and legislative development and processes.

“We remain committed to working with all departments to oversee the effective implementation of Article 2 of the Windsor Framework.”