Windsor Framework

The Windsor Framework is a post-Brexit legal agreement between the European Union and the United Kingdom which adjusts the operation of the Northern Ireland Protocol. The Framework was announced on 27 February 2023, formally adopted by both parties on 24 March 2023^[1] and came into effect on 1 October 2023.^[2]

Rishi Sunak and Ursula von der Leyen in Windsor on 27 February 2023 to announce the finalised deal

The Framework was negotiated to address political concerns in the UK and especially among Ulster Unionists about the Northern Ireland Protocol.^[3] Under the terms of the Protocol, Northern Ireland, unlike the rest of the UK, remains in the EU single market for goods.^[4] This puts in place a de facto Irish Sea trade border for goods moving to Northern Ireland from Great Britain.^[5][a] The Framework changes aspects of the Protocol's operation, particularly to ease custom checks on goods arriving from Great Britain. It gives UK government more control over VAT rates applying in Northern Ireland and states that medicines placed on the market Northern Ireland will be regulated by the UK and not the EU. It gives the Northern Ireland administration and UK government a mechanism to object to, pause, and potentially disapply updated and amended EU laws, mainly concerning goods.^[6]

Ulster Unionist politicians, while stating that the Framework is an improvement on the original implementation of the Protocol, remain concerned that the nature of Northern Ireland's participation in the UK Internal Market is diminished by the Protocol's very existence.^[7] Their concerns have been a key factor in the ongoing (since Feb 2022) refusal of the Democratic Unionist Party to allow the operation of the Northern Ireland Assembly, and therefore the ongoing (at October 2023) suspension of devolved government in Northern Ireland.^[8]

Contents of the agreement

The agreement relates to goods crossing the Irish Sea from Great Britain to Northern Ireland.^[9] It introduces "conceptual" green and red lanes to reduce checks and paperwork on goods that are destined for Northern Ireland, and separates them from goods at risk of moving into the EU Single Market.^[10] It also includes a number of agreements on medicine control, VAT and alcohol duty.^[11]

"Not for EU"

An element of the agreement that facilitates minimal checks on (mainly) food items being shipped from Great Britain, is the use of "not for EU" labels.^[10] This label indicates that the product is not guaranteed to conform to EU standards and thus may not legally be sold (or resold) in the EU.^[b] The requirement for these labels is to be phased in over three years. "Meat and fresh dairy products are to be labelled from October 2023, all other dairy products from October 2024, and composite products, fruit, vegetables, and fish from July 2025".^[12] The Framework only requires these labels to be used on GB goods intended for sale in Northern Ireland, but the Government has decided that they should be used in Great Britain too, beginning in 2024.^[10]

Stormont brake

The framework introduces a mechanism called the "Stormont brake", which would allow the Northern Ireland Assembly to temporarily stop any changes to EU goods regulations from applying in Northern Ireland if the Assembly feared that the changes would have "significant and lasting effects on everyday lives".^[13]

According to the agreement, the Northern Ireland Assembly can trigger the brake on any new "significantly different" rule being implemented if 30 Members of the Legislative Assembly from two or more parties object, giving way to a 14-day consultation period before reference to the UK Government for consideration.^[11] Cross-community consent (support from both unionists and nationalists) is not required. However, "the government says a decision on whether to permanently block an EU rule, once suspended and following discussion in the Joint Committee, would not happen 'in the absence of a cross-community vote'".^[14]

Agreement and signing of the Framework

The agreement was named after the meeting of the UK Prime Minister, Rishi Sunak, and the President of the European Commission, Ursula von der Leyen, at the Fairmont Hotel at Windsor Great Park.^[15] After meeting the Prime Minister and announcing the deal at the Windsor Guildhall, von der Leyen then had tea with King Charles III in Windsor Castle.^[16]

The agreement was reached in accordance with Article 14 and Article 15 of the protocol and did not formally need parliamentary approval.^[17] However, the Prime Minister promised that MPs should have an opportunity to vote on it: the vote took place in the House of Commons on 22 March 2023 and the Framework was passed with a large majority.^[18][19] The adoption halted both the Northern Ireland Protocol Bill which the UK government had been taking forward, and the infringement procedures by the European Commission brought against the UK in relation to the bill.^[20][21]

On the EU side, there was no single vote or decision on the Framework as a whole. Some of the changed arrangements to be put in place under the Framework required agreement through qualified majority in the Council of the European Union. Some parts of the agreement required the consent of the European Parliament.^[22][23]

Reactions

 

The command paper presented to the UK Parliament on 27 February 2023

Ireland

Leo Varadkar, the Taoiseach, welcomed the agreement and said: "The Irish Government will do all we can to make these new arrangements work in the interest of people and enterprises in Northern Ireland, here in the Republic of Ireland while protecting the European Single Market and the Common Travel Area between Ireland and the United Kingdom and the Good Friday Agreement."^[24] Sinn Féin president Mary Lou McDonald indicated her support for the agreement.^[13]

Northern Ireland

Vice President of Sinn Féin Michelle O'Neill said "I rarely find myself agreeing with a British prime minister but access to both markets has to be grabbed with both hands".^[25]

Democratic Unionist Party (DUP) leader Sir Jeffrey Donaldson's initial reaction to the agreement was one in which he said progress was made in several areas with several obstacles outstanding, adding that the framework would have to hold up to the party's seven tests on a suitable replacement to the Northern Ireland Protocol. Sammy Wilson expressed scepticism toward the Stormont brake, saying that "[DUP MPs] still fear our position in the United Kingdom is not going to be restored".^[26] On 20 March 2023, Donaldson announced that the DUP would oppose the framework, with the party and other unionists arguing that the agreement would continue to require Northern Ireland to comply with EU law.^[27]

Alliance Party deputy leader Stephen Farry and Social Democratic and Labour Party leader Colum Eastwood both expressed concerns about the Stormont Brake and the need for dual access to the UK and European markets.^[26][28]

United Kingdom

On 2 March 2023, former prime minister Boris Johnson said it will be "very difficult" for him to vote for the Windsor Framework. Johnson said the deal was "not about the UK taking back control".^[29] Former prime minister Liz Truss fully concurred with Johnson and stated that the Windsor Framework does not "satisfactorily resolve the issues thrown up by the Northern Ireland Protocol".^[30]

On 21 March 2023, the European Research Group (ERG), a faction of Conservative MPs, denounced the framework as “practically useless” but confirmed they would not vote as a bloc against it.^[31]

On 22 March 2023, the date of the parliamentary vote, 22 Conservative MPs and six DUP MPs voted against the government legislation.^[32] The vote ultimately passed by 515 votes to 29.^[32]

International

US President Joe Biden called the framework an "essential step to ensuring that the hard-earned peace and progress of the Belfast/Good Friday Agreement is preserved and strengthened".^[33]

See also

• Brexit withdrawal agreement
• Petition of concern – To require cross-community consent

Notes

1. Northern Ireland Protocol § Articles 4 and 5 govern movement of goods from Great Britain to Northern Ireland. Northern Ireland Protocol § Article 6 affirms that goods from Northern Ireland shall have unfettered access to the rest of the UK internal market. So the issue only arises for westbound traffic.
2. This does not mean that the product would not meet EU standards but only that it is not warranted to do so.

References

1. "UK and EU formally adopt new Brexit Windsor Framework deal". BBC News. 24 March 2023.
2. McClafferty, Enda (2 October 2023). "Windsor Framework: New NI trade rules 'will work unbelievably well'". BBC News.
3. Rishi Sunak, Prime Minister (27 February 2023). Parliamentary Debates (Hansard). United Kingdom: House of Commons. col. 575.
4. "Brexit Questions and Answers". Northern Ireland Assembly. 2023.
5. "Brexit: What is in Boris Johnson's new deal with the EU?". BBC. October 2019.
6. "Northern Ireland Protocol: The Windsor Framework" (PDF). House of Commons Library. March 2023.
7. McCormick, Andrew (29 June 2023). "Destructive ambiguity – Northern Ireland, the Union and the Windsor Framework". UK in a Changing Europe.
8. Hughes, Brendan (17 October 2023). "DUP: Jeffrey Donaldson's Windsor Framework dilemma". BBC News.
9. Culbertson, Alix (27 February 2023). "Rishi Sunak promises 'beginning of a new chapter' as he unveils 'Windsor Framework' deal on Brexit". Sky News. Retrieved 27 February 2023.
10. "Windsor Framework: How will the next stage of the Brexit deal work?". BBC News. 1 October 2023. Retrieved 22 October 2023.
11. "Northern Ireland Brexit deal: At-a-glance". BBC News. 27 February 2023. from the original on 27 February 2023. Retrieved 27 February 2023.
12. Whitten, Lisa Claire; Phinnemore, David (3 October 2023). "Implementing the Windsor Framework". UK in a Changing Europe. Retrieved 22 October 2023.
13. Sparrow, Andrew (27 February 2023). "What is the Stormont brake and will it help restore power sharing in Northern Ireland?". The Guardian. ISSN 0261-3077. Retrieved 27 February 2023.
14. McCormack, Jayne (28 February 2023). "Brexit: What is the Stormont brake?". BBC News. Retrieved 1 March 2023.
15. Ng, Ellie (27 February 2023), "Fairmont Windsor Park hotel delighted to be part of 'historic occasion'", Evening Standard, retrieved 28 February 2023
16. Elgot, Jessica (27 February 2023), "How No 10 sweetened up the EU president with a royal cup of tea", The Guardian, ISSN 0261-3077, retrieved 28 February 2023
17. Webber, Jude; Wright, Robert; Pickard, Jim (28 February 2023). "Rishi Sunak threatens to push through Brexit deal on Northern Ireland without DUP". Financial Times. Retrieved 2 March 2023. The deal was reached under provisions set out by the protocol for the amendment of its rules, and does not technically require ratification
18. "Rishi Sunak promises MPs vote on 'Windsor Framework' Brexit deal". Independent. London. 27 February 2023. Retrieved 27 February 2023.
19. "How did your MP vote on the Windsor framework?". The Guardian. 22 March 2023.
20. "Brexit: UK and EU leaders hail 'extraordinary' deal on Northern Ireland protocol – live". The Guardian. 27 February 2023. Retrieved 27 February 2023.
21. "Questions and Answers: political agreement in principle on the Windsor Framework, a new way forward for the Protocol on Ireland / Northern Ireland". European Commission. 27 February 2023. Retrieved 1 September 2023. These arrangements, when implemented, mean that there will no longer be grounds for the existing Commission legal proceedings against the United Kingdom relating to the Protocol on Ireland / Northern Ireland.
22. Pronczuk, Monika (27 February 2023). "Britain and E.U. Agree on Northern Ireland Trade Deal". The New York Times. Retrieved 28 February 2023. On the E.U. side, the deal has to be green lighted by the super majority of member nations, E.U. officials said, with the decision expected in the next couple of weeks. Some parts of the agreement have to be approved both by member nations and the European Parliament, a process that could take several months.
23. O'Leary, Naomi (27 February 2023). "Windsor Framework: What are the main points of the new UK-EU deal?". The Irish Times. Retrieved 28 February 2023. Some will need the agreement of the 27 EU member states, which would take a few weeks, while others would need to go to the European Parliament, something that could take months.
24. "Taoiseach welcomes positive outcome in Protocol talks". RTÉ. 27 February 2023. from the original on 27 February 2023. Retrieved 27 February 2023.
25. "Stormont: We need government and we need it now - Sinn Féin". BBC News. 1 March 2023. Retrieved 1 March 2023.
26. Scott, Jennifer (27 February 2023). . Sky News. Archived from the original on 27 February 2023. Retrieved 27 February 2023.
27. "N.Ireland unionists oppose key part of Brexit trade deal". France 24. London: Agence France-Presse. 20 March 2023. from the original on 20 March 2023. Retrieved 20 March 2023.
28. "DUP 'ready to engage' in any required re-working of Windsor Framework". ITV News. 27 February 2023. from the original on 27 February 2023. Retrieved 27 February 2023.
29. Francis, Sam (2 March 2023). "Boris Johnson says he will find it hard to vote for Rishi Sunak's Brexit deal". BBC News. Retrieved 2 March 2023.
30. McGrath, Dominic (22 March 2023). "Windsor Framework: Boris Johnson and Liz Truss to vote against Rishi Sunak's Brexit deal - 'The best course of action is to proceed with the Northern Ireland Protocol Bill'".
31. "Brexit-backing Tory MPs undecided on Rishi Sunak's Northern Ireland deal vote". BBC.
32. "'Not true' Brexit deal was propped up by Labour, Rishi Sunak insists after Tory rebellion led by Boris Johnson". i. 22 March 2023. Retrieved 23 March 2023.
33. Biden, Joe (27 February 2023). "Statement from President Joe Biden on the Windsor Framework". White House. from the original on 28 February 2023. Retrieved 28 February 2023.

External links

• Official website (UK) – Contains political and legal documents
• "Windsor Framework unveiled to fix problems of the Northern Ireland Protocol" (Press release). United Kingdom Prime Minister's Office. 27 February 2023. Retrieved 27 February 2023.
• "A new way forward on the Protocol on Ireland/Northern Ireland: political agreement in principle on the Windsor Framework" (Press release). European Commission. 27 February 2023. Retrieved 27 February 2023.
• Reland, Joël (4 May 2023). "Why the Windsor Framework could come back to bite Sunak". UK in a changing Europe. Retrieved 4 May 2023.