Refresher on Windsor Framework following democratic consent vote by MLAs

Following Assembly Members’ vote to continue Northern Ireland’s Brexit trading arrangements known as the Windsor Framework, Holywell Trust has provided a refresher on the Agreement and what it means in real terms for people here.

The first exercise of democratic consent which took place this week at Stormont was a measure in the original Protocol to ensure that Northern Ireland has its say. The motion on the continued application of Articles 5 to 10 of the Windsor Framework, which includes arrangements on the Movement of Goods, VAT and Excise, the Single Electricity Market and State Aid, passed by 48 to 36 votes on 10 December 2024.

When the UK officially left the EU in January 2020, it left the EU single market which ensures the free movement of goods, services, capital and people across its territory. This had implications on the island of Ireland and left Northern Ireland sharing a border with the EU.

The EU and the UK negotiated the Protocol on Ireland/Northern Ireland in an attempt to deal with the ‘unique circumstances’ on the island of Ireland. However, some conditions of the Protocol were deemed contentious, as the proposed changes were seen to put a customs border down the Irish Sea.

The Windsor Framework was an updated version of the Protocol, agreed by the UK and EU in February 2023, that sought to provide definitive solutions to ease the movement of goods into Northern Ireland from the rest of the UK.

In January, the DUP also secured guarantees from the UK government in the Safeguarding the Union deal regarding Northern Ireland’s place in the UK internal market.

‘Stormont Brake’ provisions also give the Assembly the power to recommend the blocking of new or updated EU rules from applying in the region. The UK Government would then decide how to proceed.

Some new rules under the Windsor Framework have already been brought in, including on goods such as medicines, addressing concerns about supplies to Northern Ireland.

Another test for its implementation was due on 1st of October when rules on movement of parcels were due to come into effect. These have now been postponed for six months. For members of the public in Northern Ireland, receiving parcels from Great Britain should be unaffected. There will be changes for GB businesses posting to NI businesses, but a trusted trader system will help mitigate the new rules.

During a recent Holywell Trust seminar on the Windsor Framework, Professor David Phinnemore commented:

"Brexit meant disruption and that was rarely fully understood during the UK-wide debate at the time. The question now is where that disruption will now be placed so that it has minimal impact on you.

“Are there benefits to the Windsor Framework? There is potential but I do not subscribe to the notion that it is the best of both worlds.

“If you are a producer in Northern Ireland, you have got greater market access than in any other part of Europe, because you've got direct access into the EU market and you've got unfettered access into the GB market. That's a comparative advantage but exploiting that situation will take some adjustment.”

Dr Lisa Claire Whitten added:

“We haven't fully seen Brexit yet. In a GB context, they've only just started implementing the Border Target Operating Model (the Government’s new approach to importing goods) which means they are only just starting to have new checks and controls coming from EU into GB so that comparative advantage that Northern Ireland has, we haven't seen it in its full effect as yet because not everything has been implemented in terms of the new post-Brexit era of trade across these islands and across Europe.

"We are still in that settling position and any benefits and opportunities will likely come after that rather than during the transition period.”

Holywell Trust Director, Gerard Deane commented:

“Brexit has had real implications for people in Northern Ireland and its important to that people can understand what the outcome of these highly technical negotiations means for them.

“I would like to thank Professor David Phinnemore and Dr Lisa Claire Whitten from Queen’s University for providing their expertise in helping to explain the Agreement and hope this provides clarity for anyone confused by the conversation around the Windsor Framework and Brexit in general.”