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Belfast Live
Belfast Live
National
Brendan Hughes

What is the Stormont Brake? The new veto in the Windsor Framework deal

The Windsor Framework deal on Brexit's Northern Ireland Protocol includes a new veto mechanism called the "Stormont Brake".

It is described in the agreement as giving Stormont a "genuine and powerful role" in deciding whether any significant new EU rules on goods will apply in Northern Ireland.

The UK government believes it helps address some unionist concerns of a "democratic deficit" in the application of EU law on Irish Sea trading arrangements as a result of the protocol.

Read more: NI Protocol deal analysis: Focus shifts to DUP as Windsor Framework is agreed

But there are still questions over how the Stormont Brake will work in practice, and whether it really does give MLAs a meaningful say in changes to EU rules. Here is what we know so far:

What is the Stormont Brake?

The Stormont Brake is a mechanism which allows MLAs to oppose the introduction in Northern Ireland of any significant new EU goods rules, the government said.

It is based on the Petition of Concern, a cross-community safeguard in the Stormont Assembly which resulted from the Good Friday Agreement.

Under the plans, the Stormont Brake would be triggered with the support of 30 MLAs from at least two parties.

The UK would then notify the EU that the Brake has been triggered, automatically suspending the rule in question from coming into effect.

It can then only be subsequently applied in Northern Ireland if the UK and EU both agree to it at their Joint Committee, which oversees the operation of the Protocol.

The government said this gives the UK an "unequivocal veto", enabling the disputed rule to be permanently disapplied.

Are there other tests to meet?

The European Union has stressed the Stormont Brake would be considered an emergency measure of last resort.

The UK government said the mechanism cannot be used for "trivial" reasons and MLAs will need to show the disputed rule has a "significant impact specific to everyday life" in Northern Ireland.

It also expects a consultative process first so that MLAs properly consider the potential impacts and their response.

The mechanism can only work once there is a fully-functioning Executive and Assembly at Stormont.

And if the UK does then trigger the Brake at the Joint Committee, the EU may also counter the move with any remedial action it considers necessary.

Would the Stormont Assembly get a vote?

It appears no Assembly vote would be required to deploy the Stormont Brake.

The Petition of Concern which the Brake is modelled on triggers a cross-community vote requiring majority support from unionists and nationalists on an issue.

However, government makes no mention of any vote in relation to the Stormont Brake.

But the government is proposing that MLAs can have some say on any final decision by the UK-EU Joint Committee on whether to permanently block a disputed new rule.

The government proposes a new rule could not be added without a cross-community vote in support from the Assembly, unless the government demonstrates "exceptional circumstances" or shows the measure would not lead to new regulatory Irish Sea borders.

What has the reaction been?

What has the reaction been?

Northern Ireland parties are taking time to consider the detail of the Windsor Framework, including the new Stormont Brake.

Alliance leader Naomi Long said: "We will be scrutinising the proposals for the so-called Stormont Brake particularly carefully, to ensure that any mechanism proposed does not introduce a new layer of ongoing instability into the Assembly and Executive, or further disadvantage non-aligned MLAs whose votes already count for less than others under current Assembly voting rules."

People Before Profit MLA Gerry Carroll said the new deal "must not further enshrine communal divisions at Stormont".

TUV leader Jim Allister said the Stormont Brake is "meaningless" and "does not give the Assembly the power to stop the imposition of foreign laws".

DUP leader Sir Jeffrey Donaldson said his party will "study the detail" of the Windsor Framework before making a decision on whether to restore Stormont power-sharing.

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