Windsor Framework and Northern Ireland Protocol: Stormont brake can only be applied to new laws and still some details 'yet to be filled in' admits Northern Ireland Office minister Lord Caine

This means Assembly members will have no mechanism to reject any of the EU laws currently in effect in Northern Ireland.

Former DUP deputy leader Lord Dodds, who raised concerns on Wednesday night that the Windsor Framework does not remove the border down the Irish Sea, challenged the Government on this.

He said in the Lords: “The minister has said that the Stormont brake will apply to future laws. Will he tell us whether the Stormont brake will apply to the existing superstructure of EU laws which applies to the EU single market and customs codes for goods in Northern Ireland?”

Northern Ireland Office minister Lord Caine responded: “One of the effects of the Windsor Framework is to reduce very significantly the amount of EU law that will be applicable in Northern Ireland. I think the figure is something like 1700 pages of text have been removed and Northern Ireland will now be subject to less than 3% of EU law.

“The brake will apply to new laws that fall within the existing protocol or amendments to laws that fall within the existing protocol.”

Details ‘yet to be filled in’

Lord Caine said there are still details of the Stormont brake “yet to be filled in”.

He told peers that consultation with Northern Ireland parties is imminent and legislation will follow.

His comments came as Baroness Ritchie of Downpatrick, former leader of the SDLP in Northern Ireland, questioned the Government on the mechanism of the Stormont brake.

Lord Caine said: “What the command paper and the supporting documentation does is to set out the framework.

“There are some details that have yet to be filled in that will be dealt with in legislation – and they will follow consultations that the Northern Ireland Secretary intends to begin with the Northern Ireland parties almost immediately.”