DUP moves to pull post-Brexit ‘Stormont Brake’ for first time
Gavin Robinson said the party was seeking to act over an EU regulation on chemical labelling.
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Your support makes all the difference.The DUP has moved to trigger a new post-Brexit Stormont mechanism for the first time in an effort to prevent an EU law coming into force in Northern Ireland.
The party initiated the process to pull the so-called “Stormont Brake” oversight element of the UK and EU’s Windsor Framework over an updated EU regulation related to the labelling of chemicals.
The brake is a mechanism that allows a minimum of 30 Stormont MLAs, from at least two parties, to refer a proposed law change to the UK Government.
The Government then makes an assessment of the proposed change on Northern Ireland and can ultimately veto its application in the region.
The process is a potentially lengthy one and, if the Government believes the brake has been appropriately pulled, will involve direct engagement with the EU to find a solution.
The DUP is unable to pull the brake on its own, so required other members to sign the petition it lodged with Speaker Edwin Poots.
It is understood the petition has already secured the required 30 signatures, with Ulster Unionist Party MLAs among those adding their support.
The framework, and its predecessor the NI Protocol, require checks and customs paperwork on goods moving from Great Britain into Northern Ireland.
Under the arrangements, which were designed to ensure no hardening of the Irish land border post-Brexit, Northern Ireland continues to follow many EU trade and customs rules.
This has proved highly controversial, with unionists arguing the system threatens Northern Ireland’s place in the United Kingdom.
Advocates of the framework within the Assembly argue it serves to protect Northern Ireland from negative economic consequences of Brexit.
Applying this law under the Windsor Framework would represent a further fracture in the UK internal market, driving up costs for manufacturers and creating a chill factor for GB-based companies currently supplying the NI market
Explaining the move, DUP leader Gavin Robinson said industry representatives had warned that an updated EU law (Regulation 2024/2865) affecting the labelling of chemicals would create additional trade friction for the flow of products between Great Britain and Northern Ireland if it is implemented in the region.
“The DUP is focused on fully restoring Northern Ireland’s place in the United Kingdom and its internal market,” he said.
“We have made no secret of the fact that we will use the Stormont Brake to full effect in the pursuit of our overall objectives.
“This EU regulation introduces a host of new requirements for labels attached to chemical products, including new minimum font sizes and rules around spacing.
“This would make current labels unusable for the majority of products. Critically, these changes would not be required for products on the market in Great Britain.
“With trade flows in chemicals between Great Britain and Northern Ireland worth in the region of £1 billion annually, the impact of this divergence would be significant.”
Mr Robinson said industry experts have warned that the regulation could have a “prolonged impact on everyday life in Northern Ireland”.
“Those who ignore such warnings do so at their peril,” he added. “Applying this law under the Windsor Framework would represent a further fracture in the UK internal market, driving up costs for manufacturers and creating a chill factor for GB-based companies currently supplying the NI market.
“Therefore, regardless of their political outlook, I would encourage all members of the Assembly who recognise the harm this poses to sign the petition we have tabled with the Speaker.
“Laws made without our input, which we cannot change, and which pose a grave threat to trade flows within the UK, ought not to be foisted on communities in Northern Ireland in the absence of cross-community consent. It is right that we take a stand on this issue.”
Responding to the move, an Assembly spokesperson said: “A number of Members have agreed to a written notification seeking to prevent the application of Regulation (EU) 2024/2865 on classification, labelling and packaging of substances and mixtures.
“In accordance with Paragraph 11 of Schedule 6B of the Northern Ireland Act 1998, the notification must be agreed to by no less than 30 Members before the end of January 6 2025 in order to be valid.
“If this happens, the Speaker will then be required to notify the Secretary of State and publish the notification.”
A UK Government spokesperson said: “We have not received a formal notification.
“There are statutory obligations to assess any Stormont Brake notification against the tests set out by law and we will abide by the law in that regard.”