Unionists ask NI secretary to pull Stormont Brake

Unionist parties in the Northern Ireland Assembly have formally asked the government to pull the Stormont Brake in a bid to stop changes to European Union customs rules.

The post-Brexit mechanism was designed to give Stormont the power to object to amendments to EU rules that apply in Northern Ireland.

It is the second time politicians have sought to deploy the brake, which requires the support of 30 members of the legislative assembly (MLAs) from at least two parties.

The assembly speaker Edwin Poots has written to the Secretary of State Sir Chris Bryant, who will now consider whether the tests for triggering the brake have been met.

Since Brexit, Northern Ireland has continued to follow many EU trade and customs rules to avoid a hard land border with the Republic of Ireland.

But unionists raised concerns that the rules, which have involved extra trade checks and paperwork for trade with Great Britain, undermined Northern Ireland's place within the UK.

The brake formed part of a deal - known as the Windsor Framework - agreed between the UK and EU in 2023 aimed at addressing some of the concerns.

The formal notification for the Stormont Brake was signed by MLAs from the Democratic Unionist Party (DUP), Ulster Unionist Party (UUP), Traditional Unionist Voice (TUV) and independent unionist Claire Sugden.

The DUP said the changes to EU rules, which relate to the establishment of a customs code, could "deepen trade barriers between Great Britain and Northern Ireland", while TUV said the plans raised "very serious problems".

The unionist parties are objecting to a major overhaul of the EU's custom code – the body of rules which covers customs processes.

The changes are intended to digitise and streamline those processes.

But the unionists fear that the changes will mean a further financial and technical burdens for smaller businesses as they have to update their software and integrate with EU systems.

It also imposes new customs obligations on e-commerce businesses selling into the EU single market.

The EU customs rules update could have meant a two euro (£1.67) handling charge on GB-NI parcels, but this has been avoided after an agreement between the UK and EU.

In a statement earlier this week, Cabinet Office minister Hamish Falconer said parcels being moved under existing trusted trader schemes would not be impacted.

He said parcels moving "under the Windsor Framework facilitation schemes, will not be impacted by the recently introduced 'handling fee' in the EU, ensuring they pay no fees or charges.

"These arrangements are the result of close UK/EU cooperation to protect Northern Ireland's place in the UK internal market while supporting its privileged dual market access to the EU."

A report by the Stormont assembly's Windsor Framework committee last month found the changed rules "would not have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist".

The Northern Ireland Office was approached for comment.

In December last year, unionist MLAs backed a DUP motion to pull the Stormont brake in a bid to stop changes to EU rules on packaging and labelling of chemicals.

But the government rejected the request to formally trigger the brake, concluding the tests for using it had not been met.

Social Democratic and Labour Party (SDLP) assembly member Matthew O'Toole, the leader of the official opposition at Stormont, at the time branded the DUP move a "stunt".

The Stormont Brake was designed to give MLAs a greater say before any amended EU rules could take effect in Northern Ireland.

Entirely new rules are dealt with under a similar process known as an applicability motion.

The brake can only be used in the "most exceptional circumstances and as a matter of last resort".

Those seeking its use must demonstrate the rule being challenged would have a "significant" impact on everyday life in Northern Ireland.

If the government determines the conditions are met, it would formally notify the EU and the changed law would not apply.

There would then be "intensive consultation" between the UK and EU.

The Joint Committee - the UK-EU body responsible for overseeing the Brexit deal - would be required to discuss the rule in question.

Once those discussions concluded, the government could either send it back to the assembly for a cross-community vote or decide the rule should not apply in Northern Ireland.

At that stage, the government could still avoid a Stormont vote if it assessed there were "exceptional circumstances" including an assessment that the rule would not create a new regulatory border between Great Britain and Northern Ireland.

If the UK decided not to adopt the rule, the EU could take "appropriate remedial measures".