Rishi Sunak has said the true test for his new protocol deal will be the restoration of the Northern Ireland assembly, saying citizens “need and deserve” to return to functioning government.
In a hint the government in Westminster is optimistic about the return of power-sharing, Sunak said the new Stormont brake – which would allow the assembly a say over EU law applied in Northern Ireland – would be a key step towards restoring the “democratic deficit”.
Speaking from Belfast, the prime minister said the ultimate deficit was “the fact that people here in Northern Ireland do not have a functioning government”.
He told BBC Radio 4’s Today programme: “I’ve been very clear that people in Northern Ireland need and deserve their government to be up and running … we’ve got to look forward.”
Sunak’s comments came after the Democratic Unionist party leader, Jeffrey Donaldson, gave a cautious welcome to the Stormont brake aspect of the protocol deal.
He told Today that “at first reading”, the Stormont brake mechanism gave the devolved government in Northern Ireland “the ability to apply the brake where the application of EU law for the purposes of facilitating cross-border trade impacts on our ability to trade with the rest of the United Kingdom”.
Donaldson said the brake would not be used for “trivial reasons” and added: “We want to do it in circumstances where a change to law would impact on our ability with trade with the rest of the United Kingdom, and that certainly is no trivial matter.”
The comments were more positive than from some others in the party, including the chief whip, Sammy Wilson, and MP Ian Paisley Jr, who said the deal “did not cut the mustard”.
The foreign secretary, James Cleverly, said earlier it would be “hugely disappointing” if the DUP did not return to Stormont.
“I think they will know that I have been very, very focused on the concerns they have expressed on behalf of their community. They will have real authority when it comes to the Stormont brake,” he said.
“If they don’t re-enter the power-sharing executive, that will be hugely disappointing. It won’t be good news for the people of Northern Ireland.”
Some DUP figures have insisted that all trace of EU law and European court of justice jurisdiction be removed from Northern Ireland – which the new Windsor framework does not achieve because of the desire to avoid a hard border with the Republic.
Asked about the extent of EU law, Sunak said it was about striking a balance and keeping democratic accountability. He said: “At the heart of the Belfast/Good Friday agreement is the delicate balance that needs to exist in Northern Ireland, and that’s about respect for the aspirations and identities of all communities.
“In practical terms, something that is important to people in Northern Ireland is not having a border between Northern Ireland and the Republic, I think that’s important to everybody in fact, but also it’s important for businesses to have access to the EU single market.
“As long as the people of Northern Ireland consent to that arrangement, then that’s why there is a small and limited role for EU law in Northern Ireland – what we are talking about is less than 3% of EU laws that apply in Northern Ireland and they apply very specifically for the purpose that I just mentioned.”
Sunak said the changes would make a significant material difference for people and businesses in Northern Ireland. “There won’t be routine checks for goods moving from Great Britain … There will be checks where we suspect criminality or smuggling.
“The crucial thing, though, is that there shouldn’t be physical checks of ordinary goods going between Great Britain and Northern Ireland. That wouldn’t be right. And this framework ensures that that is not the case.”
