Table of contents
1. Package of new measures announced
On 30 January 2024, Sir Jeffrey Donaldson, leader of the DUP, announced that his party was ready to nominate members to the Northern Ireland executive, “subject to the binding commitments between the Democratic Unionist Party and the UK government being fully and faithfully delivered as agreed, including the tabling and passing of new legislative measures in Parliament”.[1] The restoration of Northern Ireland’s democratic institutions would bring to an end almost two years without a fully functioning executive, following the collapse of power-sharing in February 2022 over the DUP’s objections to the Northern Ireland Protocol/Windsor Framework.
On 31 January 2024, the government published a command paper, ‘Safeguarding the union’, which it said set out “a new package of proposals that look to fully protect Northern Ireland and its place in the union”. A summary of all the measures in the package is set out on pages 14 to 17 of the command paper.
The government said it was “committed to moving forward to implement this package, having regard to the timelines outlined in this command paper”. This would include making three pieces of secondary legislation, drafts of which were published alongside the command paper:
- The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024
(see also the explanatory memorandum to the regulations) - The Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024
(see also the explanatory memorandum to the regulations) - The Marking of Retail Goods Regulations 2024 and consultation proposals
The first two statutory instruments are expected to be debated in the House of Commons on 1 February 2024 and in the House of Lords on 13 February 2024. The regulations require the approval of both Houses before they can become law.
The government has said that the Marking of Retail Goods Regulations 2024 are currently only in “indicative” draft form. It is intending to launch a public consultation on the draft on 2 February 2024.
2. Draft Withdrawal Agreement Joint Committee decision on tariff rate quotas
On 30 January 2024, the government also published a ‘Draft decision of the Withdrawal Agreement Joint Committee amending Joint Committee Decision No 1/2023’. Chris Heaton-Harris, secretary of state for Northern Ireland, said this was a “joint UK-EU legal solution to cut tariffs for food imports to NI” by “enabl[ing] NI traders to benefit from our independent trade policy on key goods like New Zealand lamb and Australian beef”.[2] It would mean that imports of lamb, beef and poultry to Northern Ireland from third countries could be covered by the UK’s tariff rate quota regime.
The Council of the European Union would need to authorise the European Commission to agree to the decision formally on the EU’s behalf in the Withdrawal Agreement Joint Committee. Once formally adopted, the decision would amend the Windsor Framework. The European Commission has published further information about the draft decision:
- European Commission, ‘Commission adopts proposal on a new EU-UK joint solution under the Windsor Framework on tariff-rate quotas for certain agri-food products, to benefit Northern Ireland businesses’, 30 January 2024
- European Commission, ‘Proposal for a Council decision on establishing the position to be taken on behalf of the European Union in the Joint Committee established by the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the amendment of the Decision No 1/2023 of the Joint Committee of 24 March 2023 laying down arrangements relating to the Windsor Framework’, 30 January 2024
3. Read more: Background information
The following documents and briefings provide further background information.
3.1 Agreement on the new package
- Statement by Secretary of State for Northern Ireland Chris Heaton-Harris on ‘Northern Ireland executive formation’, HC Hansard, 31 January 2024, cols 876–92
- House of Commons Library, ‘Northern Ireland devolution: Safeguarding the union’, 1 February 2024
- Northern Ireland Office, ‘Statement from the secretary of state following DUP executive meeting’, 30 January 2024
- DUP, ‘Statement by Sir Jeffrey Donaldson’, 30 January 2024
3.2 Recent developments in Northern Ireland
- House of Commons Library, ‘Developments in Northern Ireland, 2022–24’, 30 January 2024
- House of Lords Library, ‘Northern Ireland (Executive Formation) Bill: Session 2023–24’, 23 January 2024
3.3 Windsor Framework
- Prime Minister’s Office, ‘The Windsor Framework’, 27 February 2023 (last updated 30 January 2024)
- European Commission, ‘Questions and answers: Political agreement in principle on the Windsor Framework, a new way forward for the Protocol on Ireland/Northern Ireland’, 27 February 2023
- House of Commons Library, ‘Northern Ireland Protocol: The Windsor Framework’, 21 March 2023
- House of Lords Library, ‘Windsor Framework (Democratic Scrutiny) Regulations 2023 and the Stormont brake’, 24 March 2023
- House of Lords Sub-Committee on the Protocol on Ireland/Northern Ireland, ‘The Windsor Framework’, HL Paper 237 of session 2022–23, 25 July 2023; and ‘Government response’, 11 September 2023
- House of Lords Sub-Committee on the Windsor Framework, ‘Greater clarity needed on regulatory divergence issues, says Lords Windsor Framework Committee’, 19 December 2023
3.4 Northern Ireland Protocol
- House of Commons Library, ‘Northern Ireland Protocol’, 28 February 2023
- House of Lords Library, ‘Northern Ireland Protocol Bill’, 5 October 2022
- House of Commons Library, ‘Northern Ireland Protocol: Implementation, grace periods and EU-UK discussions (2021–22)’, 1 June 2022
- DUP, ‘DUP leader announces seven tests for HMG plans on NI Protocol’, 15 July 2021
- House of Commons Library, ‘The October 2019 EU UK Withdrawal Agreement’, 18 October 2019
Cover image by maddock1238 on Pixabay.
References
- DUP, ‘Statement by Sir Jeffrey Donaldson’, 30 January 2024. Return to text
- Chris Heaton-Harris, ‘Personal X account’, 30 January 2024. Return to text