Ulster Unionists: DUP deal legislation 'shocking abdication of responsibility'

The new regulations give the Secretary of State the power to take control of implementing the Protocol – instead of locally elected ministers.

The role of the EU remains unchanged, but Stormont will be less able to scrutinise decisions taken by the UK government alongside, or on behalf of, Brussels.

South Antrim MLA Steve Aiken said: “The legislation laid in the House of Commons yesterday, hailed by some in the DUP as a win for Northern Ireland, is a shocking abdication of responsibility. It removes the ability for local Ministers, MLA’s and Departments to have oversight or scrutiny on a range of issues, passing powers to the Westminster Government to apply as they wish.

“I do not see this as a win for Northern Ireland or for Unionism, I see this as a situation akin to giving up your car to sit on a bus driven by someone who will neither tell you where they are going or ask you where you want to travel to.

“This is only the latest in the attempt to hoodwink the people of Northern Ireland that anything was gained during the last two years of political collapse.

“The Windsor Framework, under the heading ‘To restore the smooth flow of trade within the UK internal market’ clearly states that only intelligence led checks, such as to prevent smuggling or other criminality, will be carried out on internal UK trade. That will account for no checks on 95% of goods moving within the UK internal market.

“The Safeguarding the Union paper says, in paragraph 96, that the UK Government will direct DAERA to eliminate physical checks on good within the internal Market except risk based or intelligence led checks in respect smuggling or disease risks. This will account for roughly no checks on 95% of goods moving within the UK internal market.

“This is the same sleight-of-hand offered in regard to ‘there is no Irish Sea Border’ when clearly there is.

“The government have laid regulations in Westminster, taking effect next month, which do not only attempt to repackage what was agreed in the Windsor Framework as something new, but to reduce Stormonts’ ability to govern Northern Ireland. This has been done solely to allow those who collapsed the institutions to claim that ‘they’ are not administering a border in the Irish sea”.

Sir Jeffrey posted on social media platform X on Thursday, welcoming the legislation. He said: “The Implementation Regulations laid today in Parliament are a vital part of Safeguarding the Union and will give the UK Government the power to end unnecessary checks on goods moving from GB to NI through the UK Internal Market”.

However, the Secretary of State’s new powers are within the confines of the Windsor Framework, which requires a minimum of 5% checks.

A government official said last month that a law obligating 5% sea border checks is a '”fundamental underpinning” of the Windsor Framework and won't be removed – the new legislation does not remove that legal obligation.

The regulations remove the ability of Stormont politicians to require a UK government minister – or NI department – to report information to Stormont if it relates to decisions taken by the UK government in implementing the Windsor Framework.

It also prevents Stormont calling for witnesses and documents on decisions by the Tory government in London.

The DUP leader also said the legislation “will help restore our place in the UK and its internal market in line with our Article 6 rights under the Acts of Union which have been further protected in law. Whilst there is much more to do, these measures expose the claims made by our detractors that nothing has been changed. The law is changing as a result of what the [DUP] has achieved. It is plain for all to see”.

The TUV leader Jim Allister said the “regulations are a wholly Jesuitical attempt to provide a figleaf to the DUP to pretend they are not implementing the Protocol by giving Whitehall ministers the oversight and directional powers”.

Mr Allister said it “contains draconian moves to diminish any democratic oversight or scrutiny by the Assembly” and “pulls the teeth of the supposed Windsor Framework Scrutiny committee by denying it the power to ask for information”.

Alliance deputy leader Stephen Farry said: “Brexit poses challenges for Northern Ireland.

“Legal obligations fall upon the UK Government to ensure implementation of the Windsor Framework. This legislation should be considered a vehicle for the UK doing so.

“Alliance didn't support Brexit. We are pragmatic around how it is managed. We continue to advocate a comprehensive UK-EU agreement as a better way forward.”

Anti-protocol campaigner Jamie Bryson said it was far from Sir Jeffrey’s promise to deliver ‘zero checks and zero customs paperwork’.

“There is not one word of an obligation to reduce checks and customs paperwork to zero, in fact this legislation is all about delivering the implementation of the Irish Sea border, but in a way which allows the DUP to claim they don’t have their hands on it” he said.