Stormont Brake

Lord Dodds of Duncairn Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Caine (Con)]

I am grateful to the noble Baroness. Of course, she and I both served on the Northern Ireland Affairs Committee, and she continues to serve on the European Affairs Committee’s Sub-Committee on the Protocol on Ireland/Northern Ireland. As far back as our first report, we highlighted the problems created by the democratic deficit in Northern Ireland, which the Government’s proposals now seek to address.

The noble Baroness asked some specific questions about the process. Of course, the Command Paper and supporting documentation set out the framework. There are some details that are yet to be filled in and will be dealt with in legislation; they will follow consultations with the Northern Ireland parties, which my right honourable friend the Northern Ireland Secretary intends to begin almost immediately.

[Lord Dodds of Duncairn (DUP)]

My Lords, the Minister said that the Stormont brake will apply to future laws. Can he tell us whether it will apply to the existing superstructure of EU laws that applies to the EU single market and customs codes for goods in Northern Ireland? Does the Stormont brake apply to the existing superstructure of EU laws in Northern Ireland?

[Lord Caine (Con)]

As my noble friend—he is my noble friend—will be aware, one of the effects of the Windsor Framework is to reduce very significantly the amount of EU law that will be applicable in Northern Ireland. I think the figure is something like 1,700 pages of text have been removed. Northern Ireland will now be subject to less than 3% of EU law. On my noble friend’s specific question, the brake will apply to new laws that fall within the existing protocol or amendments to laws that fall within the existing protocol.