Stormont Brake pulled for the first time

We are approaching the two year anniversary of the announcement of the Windsor Framework. Rishi Sunak at the time trumpeted the ‘Stormont Brake’ as the big concession he wrested from the European Union, though many Unionists (such as Jim Allister) have cast doubt on the efficacy of the mechanism since. Well, that mechanism is about to be put to test. As the BBC is reporting

“Unionist parties in the Northern Ireland Assembly will pull the Stormont Brake for the first time in an attempt to stop new EU rules on packaging and labelling of chemicals from applying in Northern Ireland.

The brake is part of Northern Ireland’s Brexit deal and gives the Stormont assembly the power to object to changes to EU rules that apply in Northern Ireland.

It needs the support of 30 assembly members from at least two parties.

All eligible unionist assembly members have supported a DUP motion for the pulling of the brake.

Once that has formally happened at the assembly it will be up to the British government to judge if the brake has been used appropriately.

Meanwhile, the Stormont committee which scrutinises relevant EU legislation has published a report, external on the rules.

It has been unable to reach a view on whether the rules have ‘a significant impact on everyday life of communities in Northern Ireland.’

Its finding may influence the government’s view on whether the rule meets the threshold on the use of the brake.

The main condition for it is that it must be shown that the rules would have “a significant impact specific to every day life of communities in Northern Ireland” in a way that is liable to persist.”

The BBC report mentions that the relevant Stormont committee was unable to agree on whether the proposed EU law changes meet the threshold required for the use of the Brake not to be regarded as vexatious (and you can find the report here). The likeliest explanation for the inability to reach a consensus is that Nationalist MLAs felt it didn’t meet the threshold whereas Unionist MLAs felt it did. The test for ‘vexatious use’ of the brake was likely put in place to guard against what everyone could clearly see what was the likeliest outcome of the mechanism’s creation; that Unionist parties would likely try and pull the brake at every opportunity (though the fact the brake does not require a majority of MLAs or even votes from more than one designation seems designed to guard against the fact that Nationalist parties would be extremely unlikely to use the brake at all). It is now up to the Labour government to decide whether the brake has been pulled appropriately and, if it has, to begin a process with the EU which may ultimately see the rule disapplied in Northern Ireland.

The EU of course is entitled to take remedial action against the UK for any such disapplication, and it is likelier for the penalties to fall on Birmingham, Durham and London rather than Belfast, Derry and Larne.

Slugger Team

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