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THE DUP IS to vote against the Windsor Framework later this week as the party says it does not deal with “fundamental problems” posed by the Northern Ireland Protocol.
Leader Jeffrey Donaldson said that while the proposed terms represent “real progress”, it fails to address “the imposition of EU law by the Protocol”.
He said the party’s officers unanimously agreed in a vote today to oppose the first aspect of the Windsor Framework to be considered by Parliament, the Stormont brake.
The brake would allow a minority of MLAs at Stormont to formally flag concerns about the imposition of new EU laws in Northern Ireland – a move that could see the UK Government veto their introduction in the region.
The first Commons vote on the EU/UK agreement on trading arrangements for Northern Ireland will take place on Wednesday.
Donaldson said the party will continue to work with the Government on all the outstanding issues relating to the deal to try to restore the “delicate political balances within Northern Ireland” and to seek to make further progress on all these matters.
“Last week I indicated that while significant progress had been secured in the Windsor Framework across a number of areas it does not deal with some of the fundamental problems at the heart of our current difficulties,” Donaldson said in a statement this afternoon.
“It is our party view that there remain key areas of concern which require further clarification, re-working and change as well as seeing further legal text.
Whilst representing real progress the “brake” does not deal with the fundamental issue which is the imposition of EU law by the Protocol.@J_Donaldson_MPhttps://t.co/6x01HqdQmX
“There is no doubt it is vital that the Northern Ireland Assembly must have at its disposal democratic mechanisms that are effective in law and which underscore the role of the locally elected representatives of the people of Northern Ireland to determine whether amended or new laws are implemented.”
Speaking this afternoon, Donaldson told the PA News agency that the Stormont brake does not cover all of the concerns his party has with the Windsor Framework.
‘Key concerns’
“The Government were saying that not only was this a vote on Wednesday in relation to the statutory instrument but the media were being briefed that it was an indicative vote in relation to the overall Windsor Framework, and clearly we continue to have key concerns about that framework, not least on the continued application of EU law in Northern Ireland, what that means,” he said.
“The Stormont Brake of course is designed to manage any future change to EU law so it deals to a certain extent with the democratic deficit in Northern Ireland where the Assembly had no say whatsoever in these matters.
“At least the Stormont Brake offers some degree of democratic scrutiny, but it doesn’t cover all of the concerns that we have, and divergence between UK and EU law can occur not just because the EU changes its law but also because the UK changes its law, and we need to ensure that Northern Ireland’s place within the United Kingdom and its internal market is properly protected.”
Donaldson emphasised while the vote in Parliament on Wednesday is on secondary legislation that would give effect to the Stormont brake, it is being regarded by some as an indicative vote on the Windsor Framework.
“That seems to be how others have been representing the vote on Wednesday and therefore we will make clear our continuing concerns about key elements of the Windsor Framework, but we’ll also continue to engage with the government, we want to see the clarification, reworking and change that is necessary to ensure that Northern Ireland’s place within the United Kingdom is not only respected but also protected in UK law, and more legislation is going to be needed for that purpose.
Donaldson has not ruled out his party backing the deal in future if their concerns are addressed.
Clearly there is still some way to go, there is a lot more work to be done, we’re engaged with the Government on that, and we will make our judgments whenever we see the final picture of all of this.
He also revealed that the DUP’s consultative panel, which includes former leaders Peter Robinson and Arlene Foster, is meeting today.
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“That work will continue because we’re far from finished with all of this, we need to continue assessing the framework, the legal text, we need to see further legislation that will be brought forward, and so we can assess whether the concerns that we have highlighted with the Government are being properly addressed,” he said.
The DUP leader also appeared to indicate that he does not believe the agreement needs to be renegotiated with the EU.
“We do believe that the UK government has within its power the ability to bring forward legislation that safeguards Northern Ireland’s place within the United Kingdom and our ability to trade within the internal market of the United Kingdom, so it is to the Government we are looking, and will continue to look for the change that is required to meet the concerns that we have highlighted already,” he said.
Shortly after the DUP’s statement, UK foreign secretary James Cleverly announced that he will meet the EU’s chief negotiator Maros Sefcovic in London on Friday to formally adopt the Windsor pact.
British Prime Minister Rishi Sunak has said that the Windsor Framework agreement is the “best deal available” for Northern Ireland.
No plans to change deal
This afternoon, a Downing Street spokesman said the UK government has no plans to seek changes to the deal despite the DUP’s decision to oppose it, and rejected suggestions that the party had been misled over the operation of the Stormont brake.
“It is set out in the legal text. The EU has no role in deciding whether the brake is used or whether the rule is disapplied. The treaty is clear it is for the people of the UK alone,” the spokesman said.
“It is up to MLAs in the Northern Ireland Assembly to decide whether to trigger the brake … and then if triggered the rule in question is suspended automatically from coming into effect.
“The UK Government has an unequivocal veto to enable the rule to be permanently disapplied.”
The spokesman added that UK ministers stood ready to have further consultations with the DUP ahead of Wednesday’s Commons vote.
“We remain confident that this is the best deal for Northern Ireland. Of course we wanted to give the DUP and other parties as much time as possible to consider the deal and come to a view.
“Equally we need to provide certainty to the people and businesses of Northern Ireland which is why we have started the process of votes.
“The DUP are important partners in this. We want to answer any further questions they have and provide any necessary reassurance and we stand ready to do that.”
‘Deal is done’
Sinn Féin vice president Michelle O’Neill has said the Windsor Framework is done, and the onus is now on the governments and parties to get devolved government in Northern Ireland back up and running.
The deal is done & huge economic opportunities are before us. The Brexit Joint Committee meets 24 March to adopt the deal into EU law & we move onto implementation stage. The onus is on the British & Irish Governments & all parties - not least the DUP to now get Stormont moving
“The deal is done and huge economic opportunities are before us,” she tweeted.
“The Brexit Joint Committee meets 24 March to adopt the deal into EU law and we move onto implementation stage. The onus is on the British and Irish Governments and all parties – not least the DUP – to now get Stormont moving.”
Speaking to RTÉ’s Drivetime programme, SDLP leader Colum Eastwood also said that the negotiating is done and that it is time for the DUP to go back into government.
We’re not surprised when the DUP say no, but one of these days they’re going to have to say yes.
“It feels like they’ve been trying to find a reason to act tough around all of this, but the reality is the negotiating is done. There’s nothing more to get,” Eastwood said.
“The negotiations are done. Now it’s time for people to get back into government. The DUP can have their position on parts of this framework, it doesn’t mean they can’t go back into government and deal with the crisis health service.”
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Eastwood said the DUP had done “quite well” out of the Windsor Framework agreement.
“Their main concern at the start of all of this was checks. We have reduced the checks way, way, way down.”
He also pointed to Northern Ireland’s unique position of having dual market access with the UK and the EU.
“I was in America all week along with Jeffrey and others, and people were very excited by that prospect, that we could attract investment into Northern Ireland because of our unique access to two markets. Why would we give that away?”
Eastwood said he thought there was “still time” for the DUP to get back into government, but if they did not, a discussion about a form of joint authority would be the next step.
“If they don’t get back into government then they have to realise that direct rule is not a thing anymore, and the Good Friday Agreement means that both the British and Irish traditions have to be represented in government.
“We need to govern because it really isn’t credible anymore to not have a government given the state of our health service and everything else. So I think we will then quickly move to a discussion about some form of joint authority between the British and Irish government. It’s not the best thing, it’s not what we want, but it will be the only thing that would give voice to the two traditions.
“I think what the DUP should realise from the lesson of history and very recent history is that they can’t trust the British government. If they want to figure out who they can trust, it is the people who have been giving them space and time to do the right thing and to get back into government.
We’ve all agreed to work the common ground and work together. That’s the whole ethos of the Good Friday Agreement 25 years later. If the DUP want to do that, we’re all ready and willing to do it.
“But the point is, there’s no going back. There’s no direct rule anymore, and the next step is pretty obvious.”
Yesterday, Sinn Féin leader Mary-Lou McDonald maintained that there was no room for negotiation on the framework and that both her and Taoiseach Leo Varadkar were “on the same page” during their engagements in Washington DC last week.
“The reality is that we have to share power. The reality is, we all live together on a small island. So I would urge again, that the DUP seek their clarity, that’s entirely reasonable, but let’s get the assembly back up and running. And let’s get Michelle O’Neill back in leading that executive,” she said.
Sunak and the EU Commission President Ursula von der Leyen unveiled the new framework last month to replace the protocol which had led the DUP to collapse the Stormont powersharing institutions.
The latest deal seeks to remove post-Brexit trade barriers, creating a new system for the flow of goods into Northern Ireland.
The DUP, which is currently boycotting the Stormont powersharing institutions, has set up a panel to study the new framework against its seven tests before reaching a collective conclusion.
“Notwithstanding the issues and conditions which have to be met to make the brake work it remains the case that the “brake” is not designed for, and therefore cannot apply, to the EU law which is already in place and for which no consent has been given for its application,” the DUP leader said.
“Whilst representing real progress the “brake” does not deal with the fundamental issue which is the imposition of EU law by the Protocol.
“Since the announcement that the “Stormont Brake” is to be debated and voted upon in Parliament on Wednesday there have been a number of indications that this vote will be read as indicative of current positions on the wider Windsor Framework package.”
Additional reporting by Jane Moore and the Press Association
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@Joe Johnson: GFA is in international treaty and cannot be easily changed, especially something as fundamental as this.
As an interesting sidebar SF are not in favour of this sort of change either as it affects their ability to veto.
Only a matter of time, now, post an election or post a future election. They’ve no Veto on change. These people will be dragging their knuckles forever because of racism, sectarianism all in the guise of UK (English) exceptionalism.
@Daniel Roche: I suspect the DUP will lose a lot of votes based on their refusal to accept this Agreement. Polling from Feb shows:
Respondents are clear that the Northern Ireland Executive should be re-established.
Almost two thirds of respondents (64%) agree that the Northern Ireland Executive should be fully functioning regardless of what happens with the Protocol. Almost a third (32%) disagree.
61% disagree that the Protocol should be ‘removed’ before power-sharing is restored; a third (34%) agree.
A majority of respondents (61%) agreed that a Northern Ireland Assembly election should not be postponed again regardless of what is happening in UK-EU talks on the Protocol. This question was asked prior to the Secretary of State’s decision to do so.
@Trevor Montgomery: SF are not in favour of a change like that either as it reduces their power of veto.
Without support from the two largest parties there will be no change.
@Tricia G: A border poll Referendum on Reunification will sort these Problems out once.and for all .The dup unionists and loyalist hate everything that is Irish on the island of Ireland. They the dup are pushing the fuse ..?? Which I think thats what they want ..direct rule can never return again G F A …
@Justin Gillespie: SF stood against malfeasance in Government by DUP, and prevented the misappropriation of up towards £.5 billion from public funding.
@Justin Gillespie: Of course it is to do with democracy. The DUP are trying to get their own way by refusing to participate in democracy – (SF should not have used the same tactic either) The DUP show bare face hypocrisy when they say the protocol was displaying a “democratic deficit” when those nongs are going against the democratic will of the Northern Irish who support the protocol and the new Windsor agreement.
@Justin Gillespie: SF blocked the assembly for ONE year over a 1/2 billion pound scam perpetrated by the DUP. Then the DUP blocked it for another 2 yrs as they backtracked on the Irish language act. LCC would not allow them to agree to the ILA. 2 things stand out from your comment. 1) it does not bother you that a political party scammed tax payers money to the tune of 1/2 billion, suggesting to me your are a FFG man and 2) You are either deliberately lying or your knowledge of NI politics is extremely poor.
It’s like breaking up with a girlfriend..The DUP needs to accept that England wants them gone and the sooner they realize that the better for them.If the don’t want to assimilate into a 32 County Republic maybe Scotland will take them in,But Scotland will be independent in the near future so maybe that won’t work either.Perhaps the land of their King,Holland,will take them…? I feel that they are destined to become a nomadic people roaming the world for ever more.
@Redseat92: In keeping with your analogy, the wide-eyed crazy ex girlfriend DUP is continuing to ask, but why don’t you love me??? When I love you so much?????
And telling anyone that will listen to them, that they are still in a deeply committed relationship that has never been stronger…
I’m shocked…. SHOCKED…. Well, not THAT shocked.
Helluva world we live in 2023 when the party that is doing it’s best to advance the cause of a United Ireland is the DUP. Hell of a thing.
This is a farce, allowing One Party to hold up Democracy because of entrenched Sectarian Views, all MLA’s Salaries must be stopped straight away, and Joint Authority imposed in N.I.
Now that they have come out and confirmed what we all thought since the day it was announced let the UK Government call an election up north and let anyone who wants to vote Unionist vote for the other Unionist party and see if we can’t get some reasonable people working for the good of the electorate up there.
The north has the best of the Brexit deal (such as that is) from both the EU and UK side but can’t take advantage because of the likes of these…. And people continue to vote for them.
Let them vote no and then leave them out in the cold and move on without them. Just a joke that they continually get away with holding everyone else to ransom all the time. What miserable lives they have moaning and bitching the whole time. Feck off Jeffrey and take the rest of you DUP idiots with you. The world has put up with you for far too long
@Justin Gillespie: oh I know Justin. No party should have a veto. The DUP don’t want to deal with the reality now that nationalists hold the majority. Everything is fine once it’s them who rule the roost. Well Jeffrey what’s good for the goose and all that. You and your party can’t be allowed continue ruining the endless possibilities that could lie ahead for Northern Ireland and the whole island.
Nobody surprised at this / the DUP will gravitate to any issue that means they can distract and object just so they don’t have to “power share “ with SF first minister / doesn’t matter that’s how the people voted , doesn’t matter the EU and UK govt are making preferential exceptions for Northern Ireland that many countries would bite your arm off for ( Part of UK / essentially a place in EU single market / sharing land with EU with no physical inspection land border and subsidised to the hilt by UK govt and still the DUP aren’t happy. Roll on a United Ireland and let them choke on their cornflakes when the UK finally loses patience with them and moves ahead ignoring what the DUP think / it’s not before time
It is very disappointing but not a huge shock. They are not representing a majority viewpoint and them like SF three years ago like to play sectarian hardball while the rest of us just tire of their antics. It is the ordinary people of NI that lose out all of the time to these dinosaurs of the past.
Ye gods, how that man sickens me. Donaldson and his ilk are so entrenched in the 17th century they will never move on. They must be prevented from any form of power
If they gave everyone a free turkey and half a million quid, the DUP would say No. They will not serve along side a democratically elected SF First Minister.
The insanity of the DUP flabbergasts me. They have the best opportunity to keep NI in the union and they sneer at it because of their warped ideology. The DUP are incredibly shite at politics.
Absolutely, nobody is surprised. Except possibly Rishi Sunak, who is having his first rebuff from the DUP. It’s hopeless. Might as well either reinstate direct rule or legislate somehow to override the Belfast Agreement so that the majority can get access to Stormont and begin to govern, which is what the people in NI elected their representatives for.
As a, of now, EX dup supporter, I’m totally embarrassed by this mean, backward-looking nonsense. They are as bad as the other inward-looking “we ourselves” (sf) lot. The UUP is a forward-looking group and worthy of support. It’s ridiculous that the dup, and sf (who don’t attend Westminster) are still being paid to NOT do their jobs. An Irish joke… or is it?
@Richard Ahern: That’s what I like about the American system.
1. They can drag the representatives into the chamber kicking and screaming.
2. If the representative refuses the oath, the seat is declared vacant and the governor can fill it, usually by whomever they see fit.
These are good things, because the right to representation exists for every constituent regardless of the majority of a constituents desires
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