Jayne McCormackBBC News NI political correspondent
Liam McBurney/PA WireAn independent review into the operation of Northern Ireland’s post-Brexit trade arrangements has been criticised by the DUP as a “total failure”.
Lord Murphy, a former secretary of state, led the review, which was commissioned by the government after a Stormont vote to continue with the measures passed last year.
The Windsor Framework was agreed between the UK and EU in 2023 and effectively keeps Northern Ireland inside the EU’s single market for goods.
Unionist politicians remain opposed to it and have long argued that the arrangements leave Northern Ireland’s constitutional position within the UK weakened.
Lord Murphy’s report, published on Thursday, found that there are still “some gaps” in how Northern Ireland politicians can influence EU laws that apply through the Windsor Framework.
DUP leader Gavin Robinson said while the review had thrown an additional “spotlight” on the challenges facing businesses and consumers as a result of the framework, it had “failed to deliver serious or lasting solutions”.
There are some measures that allow Northern Ireland politicians to scrutinise the operation of the framework, including a democratic scrutiny committee at Stormont that includes assembly members from most parties.
But in his recommendations, Lord Murphy suggested that the committee be given 10 working days instead of the current five, to decide whether to hold an inquiry into a new EU law applying in Northern Ireland.
“This is often far too little time to make this decision – especially in the case of complicated and far-reaching legislation,” the report stated.
Charles McQuillan/Getty ImagesLord Murphy added that that there should also be extra expert staffing available to advise the committee, and that more civil service staff should be seconded or added to the Northern Ireland Executive Office in Brussels to deal with new EU regulations.
“Despite the framework’s partial mitigation of this issue through the establishment of the Democratic Scrutiny Committee, I recognise there are still some gaps in how Northern Ireland can meaningfully influence the EU laws that apply to it,” he said.
Robinson, the MP for East Belfast, said the review “has not challenged the reality of Northern Ireland being subject to laws made in a foreign jurisdiction”.
“Nor has it challenged the UK government’s failure to implement previous agreements which were designed to help support the UK internal market.
“There is no acknowledgement that full restitution of Northern Ireland’s place in the UK internal market will require radical change to legal agreements with the EU,” the DUP leader added.
Stormont brake
The review also makes clear that given the difference of opinion between unionist and nationalist parties on any changes, Lord Murphy was unable to make some recommendations as they did not have cross-party consensus.
However, he said that the Ulster Unionist Party had called for “designated” Windsor Framework/EU ministers in the executive at Stormont and/or in the Northern Ireland Office.
Suggestions from Sinn Féin, the SDLP and Alliance included the re-establishment of a European Commission office in Belfast, some form of Northern Ireland observer status at the European Parliament and the use of other Assembly committees to deal with framework issues.
Lord Murphy said that while those who oppose the Windsor Framework would have liked him to have had a wider remit, he was “constrained by the terms of reference of this review”.
He also recommended that the government must continue to work with all Northern Ireland parties and ensure it is “transparent” about how other safeguards in the Windsor Framework – such as the Stormont Brake – function.
He concluded that any response from the government to his review “must be rooted in sustained dialogue with all communities and stakeholders, and reflect a genuine commitment to shared governance”.
“The next democratic consent vote in 2028 will serve as the clearest indicator of whether the Windsor Framework can command the confidence of both communities in Northern Ireland,” he added.
It will take place at Stormont a year after the next scheduled assembly elections, which are due to be held in May 2027.
In response, Secretary of State Hilary Benn said the government would take time to “carefully consider” the review and its recommendations.
“For its part, the government remains fully committed to securing the broadest possible confidence of communities in Northern Ireland in the trading arrangements that apply,” said Benn.
A written response will be issued within six months and be presented to the UK-EU joint committee, the formal body which oversees the arrangements of the Windsor Framework.
BBC News
