Windsor Framework (Democratic Scrutiny) Regulations 2023

Debate between Lord Jay of Ewelme and Lord Morrow

Wednesday 29th March 2023 Lords Chamber

[Lord Morrow (DUP)]

My Lords, we joined Europe as one identity. Why are we not leaving it as a single identity? Are our votes not important any more?

[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.