The Democratic Unionist Party (DUP) has pulled the Stormont Brake mechanism for the first time, with support from the Ulster Unionist Party (UUP) and Traditional Unionist Voice (TUV).
The Stormont Brake was introduced as part of the Windsor Framework. It allows MLAs to object to changes to EU rules that apply in Northern Ireland.
For it to be activated, it requires a total of thirty MLAs, from at least two political parties, to sign a motion.
The regulation for which they have pulled the Stormont Brake relates to an updated EU law affecting the labelling of chemicals.
‘The DUP is focused on fully restoring Northern Ireland’s place in the United Kingdom and its internal market. We have made no secret of the fact that we will use the Stormont Brake to full effect in the pursuit of our overall objectives.
This EU regulation introduces a host of new requirements for labels attached to chemical products, including new minimum font sizes and rules around spacing. This would make current labels unusable for the majority of products. Critically, these changes would not be required for products on the market in Great Britain.
With trade flows in chemicals between Great Britain and Northern Ireland worth in the region of £1bn annually, the impact of this divergence would be significant. The Chemical Industries Association (CIA), which represents chemical and pharmaceutical companies across the United Kingdom, has assessed that the Regulation would have a significant, negative and prolonged impact on everyday life in Northern Ireland.
Those who ignore such warnings do so at their peril.
Applying this law under the Windsor Framework would represent a further fracture in the UK internal market, driving up costs for manufacturers and creating a chill factor for GB-based companies currently supplying the NI market. Therefore, regardless of their political outlook, I would encourage all members of the Assembly who recognise the harm this poses to sign the petition we have tabled with the Speaker.
Laws made without our input, which we cannot change, and which pose a grave threat to trade flows within the UK, ought not to be foisted on communities in Northern Ireland in the absence of cross-community consent. It is right that we take a stand on this issue.’
– Gavin Robinson MP, DUP leader
The MLAs that pull the brake must be able to explain that several conditions have been met, including that it should only be used in the “most exceptional circumstances and as a last resort, having used every other mechanism”.
They must have had “substantive discussion with the UK government, the Executive, and relevant business and civil society stakeholders”, and they must prove the change “significantly differs” from the original rule and would have a “significant impact specific to everyday life of communities in Northern Ireland”.
Ulster Unionist MLA Steve Aiken has confirmed that his party will support the DUP in triggering the Stormont Brake.
“The Ulster Unionist Party is encouraging all MLA’s to sign the call for the Stormont Brake to be applied to prevent the damaging EU regulation (Regulation 2024/2865) affecting the labelling of chemicals. That is because the safeguard process that should be the Windsor Framework Democratic Scrutiny Committee has demonstrably failed.
“Bizarrely, the committee which was supposed to prevent having to use the Stormont Brake, had ignored the implications of this regulation, despite the concerns of industry and its own advice.
“This regulation, if implemented, will create significant divergence, add considerable cost and may cut NI off from the rest of the UK in supplying a wide range of chemical products.
“It is in no one’s interest that this regulation is allowed to proceed.
“Coincidently, the same day that we are triggering the Stormont Brake, the EU has decided to waive checks on goods coming from GB to RoI, via Belfast and Larne, because of port capacity issues. It’s clear that the sanctity of the Single Market is only important when it applies to us and ignored when it pleases the EU.
“We should also note that, since its inception, one of the main safeguards for the people of Northern Ireland from the damaging impacts of trade divergence was supposed to be the Windsor Framework ‘Democratic’ Scrutiny Committee.
“By any definition it has been an abject failure as both the Sinn Fein and Alliance parties inbuilt majority have vetoed proper scrutiny and investigation; even when both the advice and evidence has shown that the application and implication of these EU rules would have significant and long lasting negative impacts on everyday life here.
“Bizarrely, some Alliance MLA’s on the committee even stated that they couldn’t vote for an inquiry because they didn’t understand the issue.
“In light of the continued failure of the WF DSC, the Ulster Unionist Party has no hesitation in supporting this first use of the Stormont Brake mechanism.
“Unless substantial reform occurs in how we scrutinise these EU regulations, this will not be the last time it’s triggered. We have warned both the EU and the Labour Government what the lack of proper management of the Windsor Framework would bring. It’s now time to pay proper attention to the concerns of the people of Northern Ireland rather than just paying lip service.”
– Steve Aiken MLA, UUP
The TUV are yet to release an official statement confirming their support, but multiple sources are reporting they will do so.
The Assembly is currently in recess and the next plenary session will take place on Monday 13 January 2025.
