The Stormont Brake is a mechanism that gives the Northern Ireland assembly the power to object to changes to EU rules that apply in Northern Ireland. It was agreed as part of the Windsor Framework, the UK–EU agreement that changed the Ireland/Northern Ireland protocol. The protocol, as originally agreed, required Northern Ireland to stay ‘dynamically aligned’ with EU law in a range of areas including agriculture, the environment, product regulation and VAT. The annexes of the protocol listed over 300 EU acts, and the protocol stated that any changes or amendments to those acts would apply automatically. However, several parties including the UK government, unionist parties and the House of Lords Northern Ireland Protocol Committee raised concerns about the ‘democratic deficit’ whereby laws apply to Northern Ireland without them having any representation in the policy making process. To address this, the UK and EU agreed on the ‘Stormont Brake’ to allow Northern Ireland politicians to raise concerns about specific changes to EU law.
When and how can the Stormont Brake be triggered? The brake can be triggered by 30 MLAs from two political parties, which is the same threshold as a petition of concern (the special mechanism for requiring cross-community consent). MLAs must explain that they have met a number of conditions before the brake can be triggered, as it is an “emergency” mechanism that should only be used in exceptional circumstances and as a last resort: The Northern Ireland executive must be restored and operational – including with a first minister and deputy first minister in post – and the Northern Ireland assembly must be in regular session. MLAs must first seek substantive discussion with the UK government, the Northern Ireland executive and relevant business and civil society stakeholders, and look for other routes to resolution. The content or scope of the change “significantly differs” from the original rule and would have a “significant impact specific to everyday life of communities in Northern Ireland” in a way that is liable to persist. Once the Stormont Brake is triggered, the UK government must judge the MLAs’ explanation that the brake has been triggered appropriately. If it does not confirm that three conditions have been met, the EU act will apply in Northern Ireland. What happens once the Stormont Brake is triggered? The UK has two months from the publication of the EU act to notify the EU that the brake has been triggered, which means the process set out above must take place within this time period. The UK must provide a detailed explanation of how the act “significantly differs” and would have a “significant impact” on everyday life (as is the condition required in point three). Once this process has taken place, the EU act will be suspended within two weeks – unless the EU does not consider the UK’s explanation as sufficient and request further explanation. In this case, the UK must provide this within two weeks. Once provided the EU act will be suspended within three days... more at Institute for Government
