Stormont’s MLAs are gathering today to vote on a key part of the UK and European Union’s 2020 Brexit Withdrawal Agreement, but what is the democratic consent mechanism and how will the outcome of the vote affect the current status of the north’s trading arrangements?
The mechanism was agreed between the UK and EU under the Northern Ireland Protocol, which took effect back in 2021 and was part of the overall Brexit Agreement - but one that sparked controversy over its implications for Northern Ireland’s trading relationship with Great Britain.
In order to protect against a hard border on the island of Ireland, it was agreed that the north follow different trading rules than the rest of the UK.
Despite remaining part of the UK’s customs territory, Northern Ireland effectively - though not officially - remains part of the EU’s Single Market, as it is subject to over 300 laws relating to goods, VAT, agricultural production and more.
These rules were outlined in what was known as the Northern Ireland Protocol.
Under Article 18 of the Protocol, it was stipulated that in order to ensure democratic consent for the new trading arrangements, MLAs at Stormont would be able to vote on their continuation.
Unionists had opposed the Protocol, as it had effectively placed a trade border in the Irish Sea between the north and Britain, and this opposition pushed the British government back to the negotiating table with the EU in a bid to address some of these concerns.
That culminated with the signing of the Windsor Framework by then-Prime Minister Rishi Sunak and President of the European Commission, Ursula von der Leyen, in February 2023.
This deal streamlined the Protocol’s trading rules, including through easing some of the required customs checks on goods moving between NI and GB, and even provided for MLAs to object and challenge changes to EU laws applying in the north with a mechanism known as the Stormont Brake.
However, the Framework still contained the process allowing MLAs to have their say on continuing with post-Brexit trading arrangements, which was contained in Article 18 of the Protocol.
The Democratic Consent Mechanism gives MLAs the opportunity to vote on the EU Single Market regulations the north abides by.
Under the Protocol/Framework, the vote is required to take place before the end of this month - four years after the Brexit transition period.
Crucially, the vote does not require cross-community unionist/nationalist support within the chamber, needing only a simple majority of MLAs to back it in order to pass.
If that happens, another vote on continuing the trading arrangements will take place four years later.
However, if the vote to continue the arrangements is passed with cross-community support, a vote will take place eight years later, as it will be deemed to have solid backing.
Should the simple majority of MLAs carry it without cross-community support, the British government has agreed to commission an independent review of the Windsor Framework and its implications within one month of the vote.
A review report will be prepared and debated in both Stormont and Westminster, and issues will then be raised in the UK-EU Joint Committee on the implementation of the Framework.
However, given the current make-up of the Assembly, it is expected the vote will pass with a simple majority of MLAs.
