THE DUP IS to vote against the Windsor Framework later this week as the party says it does not deal with “fundamental problems” posed by the Northern Ireland Protocol.
Leader Jeffrey Donaldson said that while the proposed terms represent “real progress”, it fails to address “the imposition of EU law by the Protocol”.
He said the party’s officers unanimously agreed in a vote today to oppose the first aspect of the Windsor Framework to be considered by Parliament, the Stormont brake.
The brake would allow a minority of MLAs at Stormont to formally flag concerns about the imposition of new EU laws in Northern Ireland – a move that could see the UK Government veto their introduction in the region.
The first Commons vote on the EU/UK agreement on trading arrangements for Northern Ireland will take place on Wednesday.
Donaldson said the party will continue to work with the Government on all the outstanding issues relating to the deal to try to restore the “delicate political balances within Northern Ireland” and to seek to make further progress on all these matters.
“Last week I indicated that while significant progress had been secured in the Windsor Framework across a number of areas it does not deal with some of the fundamental problems at the heart of our current difficulties,” Donaldson said in a statement this afternoon.
“It is our party view that there remain key areas of concern which require further clarification, re-working and change as well as seeing further legal text.
Whilst representing real progress the “brake” does not deal with the fundamental issue which is the imposition of EU law by the Protocol.@J_Donaldson_MP https://t.co/6x01HqdQmX
— DUP (@duponline) March 20, 2023
“There is no doubt it is vital that the Northern Ireland Assembly must have at its disposal democratic mechanisms that are effective in law and which underscore the role of the locally elected representatives of the people of Northern Ireland to determine whether amended or new laws are implemented.”
Speaking this afternoon, Donaldson told the PA News agency that the Stormont brake does not cover all of the concerns his party has with the Windsor Framework.
“The Government were saying that not only was this a vote on Wednesday in relation to the statutory instrument but the media were being briefed that it was an indicative vote in relation to the overall Windsor Framework, and clearly we continue to have key concerns about that framework, not least on the continued application of EU law in Northern Ireland, what that means,” he said.
“The Stormont Brake of course is designed to manage any future change to EU law so it deals to a certain extent with the democratic deficit in Northern Ireland where the Assembly had no say whatsoever in these matters.
“At least the Stormont Brake offers some degree of democratic scrutiny, but it doesn’t cover all of the concerns that we have, and divergence between UK and EU law can occur not just because the EU changes its law but also because the UK changes its law, and we need to ensure that Northern Ireland’s place within the United Kingdom and its internal market is properly protected.”
Donaldson emphasised while the vote in Parliament on Wednesday is on secondary legislation that would give effect to the Stormont brake, it is being regarded by some as an indicative vote on the Windsor Framework.
“That seems to be how others have been representing the vote on Wednesday and therefore we will make clear our continuing concerns about key elements of the Windsor Framework, but we’ll also continue to engage with the government, we want to see the clarification, reworking and change that is necessary to ensure that Northern Ireland’s place within the United Kingdom is not only respected but also protected in UK law, and more legislation is going to be needed for that purpose.
Donaldson has not ruled out his party backing the deal in future if their concerns are addressed.
Clearly there is still some way to go, there is a lot more work to be done, we’re engaged with the Government on that, and we will make our judgments whenever we see the final picture of all of this.
He also revealed that the DUP’s consultative panel, which includes former leaders Peter Robinson and Arlene Foster, is meeting today.
“That work will continue because we’re far from finished with all of this, we need to continue assessing the framework, the legal text, we need to see further legislation that will be brought forward, and so we can assess whether the concerns that we have highlighted with the Government are being properly addressed,” he said.
The DUP leader also appeared to indicate that he does not believe the agreement needs to be renegotiated with the EU.
“We do believe that the UK government has within its power the ability to bring forward legislation that safeguards Northern Ireland’s place within the United Kingdom and our ability to trade within the internal market of the United Kingdom, so it is to the Government we are looking, and will continue to look for the change that is required to meet the concerns that we have highlighted already,” he said.
Shortly after the DUP’s statement, UK foreign secretary James Cleverly announced that he will meet the EU’s chief negotiator Maros Sefcovic in London on Friday to formally adopt the Windsor pact.
British Prime Minister Rishi Sunak has said that the Windsor Framework agreement is the “best deal available” for Northern Ireland.
This afternoon, a Downing Street spokesman said the UK government has no plans to seek changes to the deal despite the DUP’s decision to oppose it, and rejected suggestions that the party had been misled over the operation of the Stormont brake.
“It is set out in the legal text. The EU has no role in deciding whether the brake is used or whether the rule is disapplied. The treaty is clear it is for the people of the UK alone,” the spokesman said.
“It is up to MLAs in the Northern Ireland Assembly to decide whether to trigger the brake … and then if triggered the rule in question is suspended automatically from coming into effect.
“The UK Government has an unequivocal veto to enable the rule to be permanently disapplied.”
The spokesman added that UK ministers stood ready to have further consultations with the DUP ahead of Wednesday’s Commons vote.
“We remain confident that this is the best deal for Northern Ireland. Of course we wanted to give the DUP and other parties as much time as possible to consider the deal and come to a view.
“Equally we need to provide certainty to the people and businesses of Northern Ireland which is why we have started the process of votes.
“The DUP are important partners in this. We want to answer any further questions they have and provide any necessary reassurance and we stand ready to do that.”
Sinn Féin vice president Michelle O’Neill has said the Windsor Framework is done, and the onus is now on the governments and parties to get devolved government in Northern Ireland back up and running.
The deal is done & huge economic opportunities are before us. The Brexit Joint Committee meets 24 March to adopt the deal into EU law & we move onto implementation stage. The onus is on the British & Irish Governments & all parties - not least the DUP to now get Stormont moving
— Michelle O’Neill (@moneillsf) March 20, 2023
“The deal is done and huge economic opportunities are before us,” she tweeted.
“The Brexit Joint Committee meets 24 March to adopt the deal into EU law and we move onto implementation stage. The onus is on the British and Irish Governments and all parties – not least the DUP – to now get Stormont moving.”
Speaking to RTÉ’s Drivetime programme, SDLP leader Colum Eastwood also said that the negotiating is done and that it is time for the DUP to go back into government.
We’re not surprised when the DUP say no, but one of these days they’re going to have to say yes.
“It feels like they’ve been trying to find a reason to act tough around all of this, but the reality is the negotiating is done. There’s nothing more to get,” Eastwood said.
“The negotiations are done. Now it’s time for people to get back into government. The DUP can have their position on parts of this framework, it doesn’t mean they can’t go back into government and deal with the crisis health service.”
Eastwood said the DUP had done “quite well” out of the Windsor Framework agreement.
“Their main concern at the start of all of this was checks. We have reduced the checks way, way, way down.”
He also pointed to Northern Ireland’s unique position of having dual market access with the UK and the EU.
“I was in America all week along with Jeffrey and others, and people were very excited by that prospect, that we could attract investment into Northern Ireland because of our unique access to two markets. Why would we give that away?”
Eastwood said he thought there was “still time” for the DUP to get back into government, but if they did not, a discussion about a form of joint authority would be the next step.
“If they don’t get back into government then they have to realise that direct rule is not a thing anymore, and the Good Friday Agreement means that both the British and Irish traditions have to be represented in government.
“We need to govern because it really isn’t credible anymore to not have a government given the state of our health service and everything else. So I think we will then quickly move to a discussion about some form of joint authority between the British and Irish government. It’s not the best thing, it’s not what we want, but it will be the only thing that would give voice to the two traditions.
“I think what the DUP should realise from the lesson of history and very recent history is that they can’t trust the British government. If they want to figure out who they can trust, it is the people who have been giving them space and time to do the right thing and to get back into government.
We’ve all agreed to work the common ground and work together. That’s the whole ethos of the Good Friday Agreement 25 years later. If the DUP want to do that, we’re all ready and willing to do it.
“But the point is, there’s no going back. There’s no direct rule anymore, and the next step is pretty obvious.”
Yesterday, Sinn Féin leader Mary-Lou McDonald maintained that there was no room for negotiation on the framework and that both her and Taoiseach Leo Varadkar were “on the same page” during their engagements in Washington DC last week.
“The reality is that we have to share power. The reality is, we all live together on a small island. So I would urge again, that the DUP seek their clarity, that’s entirely reasonable, but let’s get the assembly back up and running. And let’s get Michelle O’Neill back in leading that executive,” she said.
Sunak and the EU Commission President Ursula von der Leyen unveiled the new framework last month to replace the protocol which had led the DUP to collapse the Stormont powersharing institutions.
The latest deal seeks to remove post-Brexit trade barriers, creating a new system for the flow of goods into Northern Ireland.
The DUP, which is currently boycotting the Stormont powersharing institutions, has set up a panel to study the new framework against its seven tests before reaching a collective conclusion.
“Notwithstanding the issues and conditions which have to be met to make the brake work it remains the case that the “brake” is not designed for, and therefore cannot apply, to the EU law which is already in place and for which no consent has been given for its application,” the DUP leader said.
“Whilst representing real progress the “brake” does not deal with the fundamental issue which is the imposition of EU law by the Protocol.
“Since the announcement that the “Stormont Brake” is to be debated and voted upon in Parliament on Wednesday there have been a number of indications that this vote will be read as indicative of current positions on the wider Windsor Framework package.”
Additional reporting by Jane Moore and the Press Association
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