Windsor Framework: Stormont Brake may be a 'poisoned chalice' that could leave NI isolated outside UK and EU rules - UUP MLA

This contradicts a position outlined by the UUP earlier this week, in which the party argued the mechanism was crucial to economic balance between the EU and UK markets. A UUP spokesperson had said: “The Assembly’s new Windsor Framework Democratic Scrutiny committee dealing with issues arising from the EU and the Stormont Brake mechanism will be crucial in delivering balance”.

The Stormont Brake was seen as a way of delivering a limited form of democratic input from NI politicians into the post-Brexit trade arrangements set up under the protocol. Unlike EU member states, NI has no formal say on drawing up the Brussels regulations which apply here.

Under the original NI Protocol - changes to EU rules on customs, goods and agriculture applied automatically in NI. The brake – introduced under the Windsor Framework – was an attempt by the government to provide some say for Stormont politicians on whether certain individual EU laws should apply. It means that if 30 MLAs from at least two parties object to a particular EU rule the UK government could – in theory – permanently veto it.

However, Tom Elliott says: “the Stormont Break may be a poison chalice of the Windsor Framework, that could leave NI in complete limbo if initiated.

“We are all very aware that it is unlikely that the Stormont Brake would ever be implemented to its conclusion. However, as I understand should the Assembly initiate this mechanism following the implementation of a new EU regulation that we disagree with, and the Stormont Break is approved to its conclusion, then NI wouldn’t move to the GB regulation, nor continue with the new EU regulation either, NI would default into the old EU regulation.

"This will have unmanageable consequences, it would worsen our position and cripple us as NI would sit outside both UK and the EU member states regulatory framework as a third party, this would be far from what was sold as the best of both worlds.

“This emergency stop button on EU directives and regulations is ‘beyond unworkable’ and I believe has been grossly mis-sold”.

The NIO has confirmed that if the brake is used, existing rules remain in place – and said that this is the only responsible approach to avoid a regulatory vacuum and businesses being unable to trade. However they did not not say whether there were any arrangements in place to stop additional trade friction between NI and GB – or new barriers between NI and the EU.

An NIO spokesperson said: “Regulations on farming and agriculture already diverge across the UK because of its long-standing status as a devolved matter. The Windsor Framework ensures that farmers and food producers in Northern Ireland have full access to both the UK and EU markets, now and into the future, exactly as businesses have consistently asked for”. The EU have been asked for comment.

The News Letter asked Stormont’s Department of Agriculture for its understanding of what regulations would be in place if the Stormont brake was used – a spokesperson said it was a matter for the NIO – despite the fact that its officials will be dealing with the practical realities of enforcing regulations.

Many politicians believe it is unlikely the brake would ever be used. The DUP’s Sammy Wilson told the News Letter that if it was applied “the whole deal would fall apart”.

The East Antrim MP said: "The signal they [the EU] would send out if they accepted a UK veto of any sort on EU laws applying to Northern Ireland would be horrendous – in their eyes. That’s why the UK will never do it. The EU would simply say – see your trade agreement? Stuff it”.

The Stormont Brake will only apply to changes to EU goods, agriculture, and some customs laws which fall under the original Protocol.