Commons Sense

House of Commons · Ministers' Questions

Stormont Brake

Wednesday 22 March 2023 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 2 Not answered 0

Key points

  • The criteria for using the Stormont brake include 30 Members of the Legislative Assembly from two political parties objecting to a new rule if it is significantly different.
  • The UK Government holds the decision to veto a proposal triggered by the Stormont brake, despite objections from MLAs.
  • If the conditions under the Windsor framework are met, the UK Government is legally obligated to trigger the Stormont brake.

Topics (select to filter)

Questions & Answers

Q1 Scott Benton
Northern Ireland
Context

Discussion on criteria and conditions under which the UK Government can use the Stormont brake to veto EU regulations affecting Northern Ireland.

Question

What are the criteria for using the Stormont brake?

Answer from Chris Heaton-Harris

I encourage my hon. Friend to attend today's debate, in this Chamber, on the regulations implementing this powerful democratic mechanism. In short, 30 Members of the Legislative Assembly from two political parties may use the brake if there is anything significantly different about a new rule, whether in its content or scope, and if its application will have a significant impact on everyday life that is liable to persist in Northern Ireland.

Answered
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Q2 Scott Benton
Northern Ireland Brexit
Context

Discussion on whether the UK Government would use the veto mechanism due to potential retaliatory action from the EU and its likely impact on trade relations.

Question

Even if a significant number of MLAs object to a proposal, the decision to veto it will still rest with the UK Government. Given the possible retaliatory actions from the EU, it is unlikely that the brake will ever be used. How does this situation affect UK-EU relations and trade?

Answer from Chris Heaton-Harris

With respect, my hon. Friend underestimates the power of this mechanism. The Government will be under a legal obligation to trigger the brake where the conditions under the Windsor framework are met. Compared with the Northern Ireland Protocol Bill, this is a significant advancement because the remedial measures he talks about, should the EU choose to take them, would be proportionate and would have to relate to NI-to-EU trade.

Partly answered

Not addressed: likelihood of using the brake due to institutional reluctance

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Q3 Jim Shannon DUP Strangford
Northern Ireland
Context

Discussion on whether the Stormont brake is an emergency measure or a more powerful mechanism that can completely halt EU influence over Northern Ireland's regulations.

Question

Is the Stormont brake more like a handbrake stopping a car rather than slowing it down? Does this mean the EU retains complete control over Northern Ireland and its will?

Answer from Chris Heaton-Harris

Essentially, if the Assembly says no to something, the presumption is that the Government would veto it. Without this measure, Northern Ireland would continue to have full and automatic dynamic alignment with EU goods rules, with the Northern Ireland Assembly having no say and no veto on the amendment or replacement of measures.

Partly answered

Not addressed: nature as a handbrake stopping influence completely

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