Windsor Framework (Democratic Scrutiny) Regulations 2023

Debate between Lord Jay of Ewelme and Earl of Kinnoull

Wednesday 29th March 2023 Lords Chamber

[Lord Jay of Ewelme (CB)]

My Lords, the Windsor Framework is a compromise between the United Kingdom and the European Community. As with all compromises, neither side gets everything it wants. But it seems to me that, although the Windsor Framework is not perfect, it is a distinct improvement over the original protocol. The Stormont brake we are debating is an essential part of the Windsor Framework. It, too, is imperfect, and, despite the explanations of the Government and the Minister this afternoon, it is not clear to me exactly how it will work in practice.

Among other things, it will need the European Commission to provide the British Government with the right information about legislative proposals in good time, and it will need the British Government to pass the right information to the Northern Ireland Assembly in good time. “In good time” must surely mean “before EU legislation is set in store”, so that Northern Ireland concerns can be taken fully into account when it really matters. Could the Minister confirm that that will be the case?

Can the Minister also confirm that the Northern Ireland institutions will be strengthened to enable them to carry out the proper scrutiny under the terms of the Stormont brake? That will help the committee on the protocol, and now the Windsor Framework—which it is a great privilege to chair—in our current examination of the Windsor Framework, including the Stormont brake. The committee looks forward to hearing from the Foreign Secretary shortly on that subject.

Therefore, the Windsor Framework is not perfect, and neither is the Stormont brake. There is much still to examine, and they will both, no doubt, evolve. But the great advantage of the Windsor Framework is that it not only proposes a potential solution to the intractable problems of the protocol but opens up the prospect of a constructive relationship with the European Union and its member states, and a less fractious relationship with the United States. Those are important gains that will benefit the whole of the United Kingdom, including Northern Ireland.

I note that, although the polls must be taken with caution, they suggest that majority opinion in Northern Ireland is in favour of the Windsor Framework. On the other hand, history teaches us that policies introduced in Northern Ireland without the support of all main communities may not lead to the stability that Northern Ireland needs and craves. I hope the Government can square that circle.

[The Earl of Kinnoull (CB)]

My Lords, a plethora of issues between the UK and the EU are currently unresolved and in cold storage due to the impasse over the Ireland/Northern Ireland protocol. If resolved, many, if not all, of these issues would give mutual benefits to both sides. The trade and co-operation agreement has 24 committees, one of which is the very powerful Partnership Council, which would approve the output of the other 23, which are staffed not by politicians but largely by officials. The agendas and minutes of those committees are public, and I have observed before that they are operational but not really operating, held back by the cold hand of the protocol impasse.

I cite one example in particular: Horizon Europe. The European Affairs Committee has been active in trying to persuade the parties of the mutual benefit of co-operation in science, research and innovation—in short, that Horizon was a win-win for both sides. In response to the committee’s March 2022 letter advancing this point, respected EU Commissioner Gabriel wrote, in April last year, that

“the current political setting of this relationship should be recalled: there are at present serious difficulties in the implementation of the Withdrawal Agreement”.

She went on to discuss the impasse:

“We look forward to a prompt resolution, and to the enhanced cooperation in research, space and other areas with the establishment of the association to Union programmes, including Horizon Europe.”


This is a polite, frank and clear expression of the wider impasse effects.

While our sister sub-committee, the Protocol on Ireland/Northern Ireland Sub-Committee, is looking at the specifics of the Windsor Framework agreement and is in the process of taking evidence, as my noble friend Lord Jay laid out very clearly, the European Affairs Committee has for a long time been well aware of the wider benefits to both sides that would accrue from the resolution of the protocol impasse. It is in that spirit that I fully support the statutory instrument and will vote against the fatal amendment.

Finally, can the Minister inform the House of what discussions are currently under way about the accession to the Horizon Europe programme?