Government announces Stormont Brake will not be pulled over change of EU law

By Jonathan McCambridge (PA)

The UK Government has announced the Stormont Brake mechanism of the Windsor Framework will not be pulled to halt the appliance of new EU rules on packaging and labelling of chemicals in Northern Ireland.

Northern Ireland Secretary Hilary Benn said the tests had not been met to initiate the oversight mechanism contained in the UK and EU’s deal over post-Brexit trading arrangements.

Unionists in the Northern Ireland Assembly had requested in December that the Government consider applying the brake over the EU amending legislation which will apply to the labelling and packaging of chemicals such as sealants, house cleaning materials or industrial chemicals.

This had required Mr Benn to consider if the legal tests to trigger the mechanism had been met.

The UK Government can apply the brake if it is satisfied the amending legislation would have a significant impact on the everyday life of communities in Northern Ireland that is liable to persist.

But Mr Benn wrote to the Speaker of the Northern Ireland Assembly Edwin Poots on Monday to state that he did not believe the legal test had been met.

The NI Secretary pointed out that the labelling requirements for chemicals in Northern Ireland are already different from the rest of the UK, because it is a devolved matter.

Mr Benn also set out a commitment that the Government will take future steps necessary to avoid regulatory barriers between GB and Northern Ireland arising from the legislation.

The Windsor Framework, and its predecessor the Northern Ireland (NI) Protocol, require checks and customs paperwork on goods moving from Great Britain into Northern Ireland.

Under the arrangements, which were designed to ensure no hardening of the Irish land border post-Brexit, Northern Ireland continues to follow many EU trade and customs rules.

The brake is a mechanism that allows a minimum of 30 Stormont MLAs, from at least two parties, to refer a proposed EU law change to the UK Government.

The Government then makes an assessment of the proposed change on Northern Ireland and can ultimately veto its application in the region.

If the Government had ruled that the brake had been appropriately pulled, it would have directly engaged with the EU to find a solution.

The DUP, backed by other unionists, initiated the oversight mechanism in December.

Northern Ireland’s First Minister Michelle O’Neill said earlier in January that the use of the Stormont Brake has the potential to disrupt post-Brexit trading systems.

Secretary of State Hilary Benn. PCITURE: BRIAN LAWLESS/PA (Brian Lawless/PA)