Windsor Framework: It's 'inconceivable' that the UK government would ignore concerns of 30 MLAs if Stormont Brake is activated, says Foreign Secretary James Cleverly

He made the comments as he was questioned before a House of Lords committee on Tuesday.

The brake mechanism would allow a minority of MLAs in the Stormont Assembly to flag concerns about new EU laws, with the UK government then having the option to veto them.

“The Stormont brake is an incredibly important mechanism, it is a unique mechanism that Stormont has that isn’t replicated in any other part of the UK because of Northern Ireland’s unique relationship with Ireland and therefore by extension with the EU,” Mr Cleverly said.

He added: “We would hope that it is not needed, we hope we can tackle any potential diversion issues before it was needed to be used.

“But it is there for a reason and it is powerful for a reason. It is not envisaged to be used lightly."

Pulling the Stormont Brake is pretty much identical to the well-trodden practice of tabling a petition of concern in the Stormont Assembly.

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The government says that the Stormont Brake will be activated by means of “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”.

No 10 says that once pulled, “that brake will give the UK government the sovereign power to veto the new EU rule from ever applying in Northern Ireland”.

The words “will give” have worried unionists who fear that MLAs pulling the brake doesn’t oblige the UK government to act, but merely suggests that it should.

But Mr Cleverly said: “Because it is structured as such, the UK Government is duty-bound to take it very seriously, in a political sense.

"If this was triggered, it is inconceivable that the British Government would ignore it.

“It is designed to be used if necessary, but ultimately what we want to do is avoid circumstances where there is the necessity for its use.”

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