London Daily

Focus on the big picture.

Factbox: What is the Stormont Brake?

Factbox: What is the Stormont Brake?

The British government will be able to stop the application of new EU laws on goods in Northern Ireland if requested by a third of lawmakers in Northern Ireland's regional assembly, but only "in the most exceptional circumstances", the EU and Britain agreed on Monday.

British Prime Minister Rishi Sunak hopes the so-called 'Stormont brake' can help win support from pro-British politicians in the region and some members of his own Conservative Party for a wider deal to overhaul post-Brexit trade rules for Northern Ireland.

Following are some details about the measure:


HOW DOES IT WORK?


In a British government document setting out details of the deal, London said the mechanism gives it an "unequivocal veto" on EU rules when 30 members of Northern Ireland's devolved government from two or more parties object.

"Once the UK notifies the EU that the brake has been triggered, the rule in question is suspended automatically from coming into effect," the document published on the British government website said.

"It can then only be subsequently applied in Northern Ireland if the UK and EU both agree to that jointly in the (UK-EU) Joint Committee," the document said, referring to the main forum for UK–EU consultation on Britain's withdrawal agreement.

"This would give the UK an unequivocal veto - enabling the rule to be permanently disapplied - within the Joint Committee."

London added that the new mechanism is not subject to European Court of Justice oversight, and that any dispute would be resolved through subsequent independent arbitration according to international and not EU law.

The Democratic Unionist Party (DUP), Northern Ireland's largest pro-British party, would have to end a year-long boycott of the regional assembly, which it started in protest at the post-Brexit rules, for the 'Stormont brake' to become a reality.

After winning 25 seats at elections last year, the DUP would need the support of five more politicians to try to trigger the brake. There are 12 other pro-British unionist politicians in the assembly now.


"MATTER OF LAST RESORT"


A separate unilateral declaration made by the UK government sets out how the mechanism would be triggered "under the most exceptional circumstances and as a matter of last resort".

Objecting local politicians would have to provide a detailed and publicly available written explanation that they have used every other available mechanism and that they had sought prior substantive discussion with the UK government and within the Northern Ireland power-sharing government.

The politicians would also have to have taken steps to consult businesses, other traders and civic society affected by the new or amended law.

If the UK accepts these conditions have been met, it would commence intensive consultations at the joint committee. In a document published on its website, the European Commission said an arbitration panel may rule on whether the conditions have been met.

It added that if the parties cannot agree either to add an amended or replacing law or to other measures, the EU can take appropriate remedial measures. This would be because of a divergence in trade rules between Northern Ireland and Ireland - and thus the broader EU, London noted.

The Commission also said the brake can only be triggered if the relevant law significantly differs in scope or content from the previous one and would have a significant impact on the everyday life of communities in Northern Ireland.

London said it cannot be "available for trivial reasons", while Irish Prime Minister Leo Varadkar told a news conference that there were "clear and strict rules" on its operation.

"The bar is set quite high," said Katy Hayward, professor of political sociology at Queen's University Belfast who has written extensively about the trade rules.

"Most of the amendments and replacements of the law are very anodyne and wouldn't really be noticed by most people. You wouldn't see it as something that would be a regular occurrence."

Newsletter

Related Articles

London Daily
0:00
0:00
Close
IT'S HAPPENING: Absolutely massive protest in Brazil today for free speech, against their corrupt Supreme Court judge
Huawei Poised for Major AI Chip Unveil at Shenzhen Event
CIA and MI6 Chiefs Unite Amid Global Crises
UK Tycoon Mike Lynch's Cause of Death Revealed: Autopsy Report
Mass Protests Erupt Across France Against New Prime Minister Barnier
Iranian Plots to Kill Jews in Europe Unveiled
Nvidia’s AI chips are cheaper to rent in China than US
China ends tariffs on all goods exported to China from the poorest countries in the world it has diplomatic ties with, including 33 African nations
Blinken May Not Seek Another Term Due To Family Priorities
Labour Pushes for Special Tribunal Against Russia for Ukraine Invasion
Oil Companies to Contest Judicial Review of North Sea Projects
Ed Balls Urges Keir Starmer and Rachel Reeves to Address Winter Fuel Payments Controversy
British Army Major General Dismissed for Unwanted Advances
Campaigners Urge Bold Actions to Combat Rising Heart Disease in UK
UK Requires One Trillion Pounds Investment for Economic Growth
Plan to House Asylum Seekers at Former Dambusters Home Dropped
UK Drops Indecent Assault Charges Against Harvey Weinstein
Return of Brazilian Artworks to Bahia
UK Signs Landmark International AI Treaty
Demand for Justice After Death of Ugandan Runner Set on Fire
Ukraine's Major Government Reshuffle: Andrii Sybiha Appointed New Foreign Minister
North Korea Executes Officials Over Flood Response
French Woman Testifies in Landmark Rape Trial
Sicily Yacht Disaster: Fatal Asphyxiation Claimed More Lives
Michel Barnier Appointed as Prime Minister of France
The art technique of Grandma Mei Ling, age 82
Mongolia Refuses to Arrest Putin Despite ICC Warrant
UK State Pension to Increase by Over £400 Annually
Amazon Announces 10% Pay Increase for UK Workers
Grenfell Tower Fire Inquiry Demands Swift Justice
French Police Clear Migrant Camp Near Calais
New Law Proposes Jail Time for Covering Up Sewage Dumping in England and Wales
John Swinney's Government Programme Faces Criticism in Scotland
France Pilots Mobile Phone Ban in Schools
Priti Patel Eliminated in First Round of Tory Leadership Race
And Justice for ALL: Elon Musk threatens to go after Brazilian government assets
WHO-Led Study Finds No Link Between Mobile Phones and Brain Cancer
US Charges Hamas Leaders With Terrorism Over October 7 Attack on Israel
Russian Missile Strike Kills 49 in Poltava, Ukraine
Major Cabinet Resignations in Ukraine
Tory Leadership Candidates Criticize Rivals' Promises to Leave ECHR
Campaigners Propose Pay-Per-Mile Charge for UK Electric Cars
Labour Urged to Shift Asylum Policy Rhetoric
Hossein Shamkhani: The Rise of an Oil Tycoon
Putin Defies ICC Arrest Warrant with Mongolia Visit
Frenchman On Trial for Decade-long Abuse of Drugged Wife
The British bus driver explains to usual suspects that they cannot travel without a ticket. Education is important.
Irish Police Arrest Enoch Burke, the teacher who refuses to endorse and affirm transgender ideology
US Soldier Attacked in Turkey
Switzerland Urged to Reconsider Its 500-Year Neutrality
×