What's in the deal to restore Stormont? A deal Sir Jeffrey Donaldson claims has removed the Irish Sea border

Sir Jeffrey Donaldson says the deal – which he said would be published by the Government in due course – safeguards Northern Ireland’s place in the Union and restores its place within the UK internal market.

However, he also says the deal is not perfect and the party will continue to fight.

It’s clear that Northern Ireland’s place in the UK market is has not been restored to where it was pre-Brexit – ie with free movement across the Irish Sea, save for SPS checks. And is unlikely to be.

Here’s what we know about the key elements:

The Green Lane – Removal of “all checks on goods”

Sir Jeffrey says: "And then there will be practical arrangements, so for example removing all checks on goods moving from Great Britain to Northern Ireland and staying within the United Kingdom so that those goods move freely as we had required. There will be other practical measures to ensure that NI’s place within the UK – and our ability to sell our goods in the UK – are guaranteed for the future”.

He said there would be “Zero checks, zero customs paperwork on goods moving within the United Kingdom. That takes away the border within the UK, between Northern Ireland and Great Britain, and that is something that is very important. Now are these proposals perfect? Have we achieved everything we wanted to achieve? No we haven’t.. I will be honest with people about what we’ve been able to deliver”.

As none of the fundamentals of the Windsor Framework have been changed – if they had the DUP leader would certainly have mentioned it – the Irish Sea border will remain.

If all checks on the Green Lane have been removed, it is a significant achievement. But access to the green lane requires businesses to register for and be accepted as part of the UK internal market scheme. Businesses in Scotland wouldn’t need to do this to trade with England or Wales and vice versa.

Many goods entering Northern Ireland have to use the Red Lane as they are travelling on to – or at risk of travelling on to – the European Union. For example, manufacturing components are deemed at risk – although they may never leave NI. This provides an added burden for manufacturing businesses who source goods from Great Britain.

Doug Beattie has said that the Windsor Framework hasn’t changed at all. He said: “The Windsor Framework will not be changed one sentence, one dot of an ‘i’, not one cross of a ‘t’.”

At a press conference this afternoon, EU officials wouldn’t comment on details. A spokesperson said the EU is not party to discussions but is following developments. Asked about Sir Jeffrey Donaldson’s claim that there would be zero checks on the green lane and that there would be no more dynamic alignment of EU laws, the spokesperson said: “We understand the UK government will soon publish documents relating to this deal – so we will examine those texts when the times comes”. He said they wouldn’t provide a running commentary, but “more broadly, and as we said before, we expect the UK government to fulfil its obligations under the Framework as it has been doing”.

“Legal and practical protections” for the Act of Union

Sir Jeffrey said: “There will be legislation to provide new legal and practical protections for the Acts of Union and which guarantees unfettered access for Northern Ireland businesses to the rest of the United Kingdom.

“In the coming days, in addition to the publication of the details of the new package of proposals, the UK Government will be required to deliver on the legislative commitments they have made to us.”

The News Letter understands that this is in the form of a ‘statutory instrument’ which will require the government to have regard for the Acts of Union.

The DUP’s Seven Tests

Sir Jeffrey told the BBC “We have measured the outcome of these negotiations against those seven tests and my party is satisfied with the progress we have made. As I have said – did we get everything we wanted? No. Will we continue to fight for further change? Absolutely yes we will. And we will work within Stormont and at Westminster to secure that further change”.

This will be a matter of intense debate – and there will be detailed legal arguments from anti-protocol politicians like Jim Allister. The most difficult test to overcome will be that the arrangements should not constitute a border in the Irish Sea. With the Windsor Framework still in place, it’s hard to see how that test has been met.

That will come down to what precisely the arrangements are for the green lane – but the party’s opponents will argue that the different regulatory regimes in place in NI and GB, as well as the red lane rules, mean that the Irish Sea border is still very much there.

EU Law – ‘end to dynamic alignment’ with EU rules – via an amendment to Section 7a

Sir Jeffrey Donaldson told the BBC’s Sarah Brett: “EU law applies where we are selling our goods to the European Union. As you know we have privileged access to the EU single market. But what this agreement will do is end dynamic alignment with EU law. It will amend Section 7a – and I don’t want to get too technical Sarah because obviously people need to read the detail. But it will amend that element of the Protocol that meant we had dynamic alignment with EU law. In other words all new EU law applied automatically to NI – that will now come to an end”.

Section 7a of the EU Withdrawal Act is the piece of UK legislation through which EU law is applied in Northern Ireland. It has been described as a “conduit pipe” – through which EU regulations flow into NI.

The NI Protocol decided which EU laws NI must continue to follow in order to protect the EU single market and avoid a land border on the island of Ireland. As EU law constantly changes, the UK government is required to keep Northern Ireland aligned with it. The UK government said this issue had been addressed in the Windsor Framework via the Stormont Brake mechanism as a form of democratic oversight.

The Stormont Brake has provoked controversy in the past over how, when and what the consequences would be of it being used. The UUP’s Tom Elliott previously told the News Letter it may be a “poisoned chalice” that could leave NI isolated outside both UK and EU rules.

There are no further details at present about the changes Sir Jeffrey says have been made to dynamic alignment. The News Letter has contacted Brussels for comment.

When asked about Sir Jeffrey’s claim about an end to dynamic alignment, an EU spokesperson said the EU will examine UK government texts when the times comes – but that the EU expects the UK government to “fulfil its obligations under the Framework as it has been doing”.

A Downing Street spokesperson said: “This has always been a discussion between the UK government and the DUP, it’s not been one that’s involved the EU. I’m sure we speak to the EU at official level regularly, but I’m not aware of any specific talks”.

‘End to ban on goods made to British standards’

Sir Jeffrey has said: “Where the protocol banned goods made to British standards from being sold in our shops in NI – that ban is gone. Goods made to British standards will be available in Northern Ireland and again that it very important”.

It is unclear how this differs from the arrangements already in place under the Windsor Framework which allow UK goods into NI if they are not at risk of being sold into the EU. This arrangement is already visible in supermarkets with ‘Not for EU’ labelling and shelving.

UK government legislation

The government will publish legislation tomorrow – upholding its end of the deal.

The DUP leader says there are two pieces of legislation – one on the constitution and another change to the UK Internal Market Act. It’s unclear if or how the changes to Section 7a to end dynamic alignment fit into this.

Alliance MP Stephen Farry and UUP leader Doug Beattie both say they have seen them – and that they are statutory instruments. They are a form of legislation which allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act.

Sir Jeffrey said: “There will be constitutional legislation which will be designed to affirm Northern Ireland’s place within the United Kingdom. And to provide new legal and practical protections for the Acts of Union which are part of the constitutional basis of NI.

"There will be changes to the UK Internal Market Act so as to protect Northern Ireland’s ability to trade with the rest of the UK – within the UK and its internal market. I have said repeatedly one of my key objectives is to restore our place within the United Kingdom and its internal market so this legislation is designed to do that. To grant us unfettered access to the UK Internal Market and to protect that for the future”.

The Ulster University economist Dr Esmond Birnie said “the Protocol contained language about such access. Also, it could well be that NI firms will retain access to GB in a legal sense but find their costs have gone up because of Irish Sea border frictions”.

A spokesperson for the Prime Minister said: “This has been a discussion between the UK and the DUP, it will not change the freedoms and powers that we secured through Brexit or through the Windsor Framework”.

Future guarantees

Sir Jeffrey has also said he has secured cross party support for the proposals at Westminster. He said: “Therefore, regardless of who forms the next UK Government, these agreed measures will be taken forward beyond the forthcoming general election”.

“Throughout this process, we have been clear and have made clear we will only be able to move after the Government faithfully delivers on the implementation of its legal and other commitments.

There has been no mention so far of a reported promise from the government to stop new British legislation further hardening the Irish Sea border. The rumoured proposals had caused outrage in the Tory party, particularly among pro-Brexit MPs, who believed it would tie the entire UK to EU regulations. However, the proposals as described wouldn’t have tied the hands of ministers.

The Prime Minister’s spokesperson told journalists today that the deal “won’t reduce our ability to diverge nor our commitment to do so should it be in the interests of the UK”.

The UK government has been unable to diverge from EU standards in Northern Ireland, where EU goods regulations apply.

However, the Secretary of State Chris Heaton-Harris told cabinet that “the agreement will further ensure that the whole of the UK can benefit from and seize Brexit Freedoms together”.

This page will be updated throughout the day as more detail emerges.