Withdrawal Agreement (Windsor Framework and Governance) (Amendment) Regulations 2026
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Baroness Twycross
That the Grand Committee do consider the Withdrawal Agreement (Windsor Framework and Governance) (Amendment) Regulations 2026.
Relevant document: 10th Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Secretary, Cabinet Office, and Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Twycross) (Lab)
My Lords, I apologise to noble Lords for the delay to the start of these proceedings. I will begin by setting out the background to this instrument. It concerns the governance arrangements for the Windsor Framework and Northern Ireland’s trading arrangements, and the UK/EU withdrawal agreement.
First and foremost, the instrument takes forward and supports certain commitments the Government made in response to the independent review of the Windsor Framework that was conducted by my noble friend Lord Murphy of Torfaen and published at the end of 2024. It does so by providing greater flexibility in the process for the Northern Ireland Assembly’s Democratic Scrutiny Committee to scrutinise regulations that are applicable under the Windsor Framework. It also clarifies the statutory obligations of Northern Ireland departments to support the committee by providing it with responses to reasonable requests for information.
Secondly, the instrument helps facilitate the Withdrawal Agreement Joint Committee to use written procedure to adopt decisions or recommendations such as those in relation to the Windsor Framework, which is, of course, a crucial element of the withdrawal agreement. This will keep the governance arrangements of the withdrawal agreement working effectively, particularly where we need to keep rules that apply in Great Britain and Northern Ireland in step.
I will now explain in more detail how the instrument meets its purposes, which are threefold. First, in response to recommendations made by the independent review of the Windsor Framework, the Government committed to providing greater flexibility to the Northern Ireland Assembly’s Windsor Framework Democratic Scrutiny Committee in examining and considering EU legislation relevant to Northern Ireland. The committee plays a valuable role in scrutinising regulations relevant to Northern Ireland. Its reports and engagement with affected stakeholders inform the work of government, just as they will inform the work of many Members of the Assembly. These changes to Schedule 6B to the Northern Ireland Act 1998 are aimed at providing the Assembly with greater latitude in conducting its work within a two-month window following the publication of relevant EU Acts, if it wishes to use it.
A timeframe for the scrutiny of EU Acts under the Windsor Framework is provided for in law so that everyone is clear—MLAs, businesses and civil society—about how the process works and what the impacts of those enactments are. Currently, the committee has five working days to vote on whether to hold an inquiry into a replacement EU Act. If an inquiry is held, a report must be produced no later than 15 working days before the end of the two-month scrutiny period, which begins the day the EU publishes the Act in its Official Journal. This instrument gives the committee greater flexibility by expanding the inquiry decision window to 10 working days and alters the publication deadline for inquiry reports to no later than 12 working days before the end of the scrutiny period. These changes will allow the committee greater latitude to choose how to run its inquiries, take evidence and report on them.
Secondly, the instrument takes account of the need to ensure continuing, effective governance arrangements that are fit for the future. This future includes the three new agreements we are seeking to take forward with the EU on SPS, electricity and emissions trading. This change is made by omitting Section 15C of the European Union (Withdrawal) Act 2018. This will allow the UK to agree to decisions and recommendations at the joint committee between meetings in a process known as written procedure. In effect, this will revert the arrangements to how they were when the withdrawal agreement was first agreed, as this mechanism has always been contained within the treaty text. It will enhance the UK’s ability to take necessary decisions without having to wait for a meeting of the Withdrawal Agreement Joint Committee, which typically happens only once or twice a year.
As with the changes to the Democratic Scrutiny Committee’s procedures that I have already set out, written procedure will be an optional flexibility and will not be utilised for every decision. The effect will be to enable the Government to ensure, where there are EU regulatory obligations applicable in Great Britain, that Northern Ireland can keep pace. This could also, for example, cover urgent measures needed to protect the smooth operation of Northern Ireland’s dual market access and its place within the UK market.
I emphasise that these changes do not amend the process of scrutinising those decisions where the Government maintain obligations to Parliament and the Northern Ireland Assembly. The process remains as it is today, including where it is provided for in the Northern Ireland Act 1998 and in the Government’s EU scrutiny arrangements with the European Affairs Committee and the Northern Ireland Scrutiny Committee. By removing this restriction, the governance of the withdrawal agreement will be aligned with that of the trade and co-operation agreement, which has no similar restriction on the use of written procedure. As with the EU-UK Partnership Council, which was established under the trade and co-operation agreement, the joint committee would still remain the default forum for UK-EU decision-making in relation to the withdrawal agreement and continue to meet, just as the Partnership Council does.
Finally, the instrument provides for and clarifies the responsibilities that Northern Ireland departments and Ministers are already under to the Windsor Framework Democratic Scrutiny Committee. This is aimed at supporting the work of the Democratic Scrutiny Committee and the governance arrangements of which it forms part. This instrument clarifies the duty on those authorities to comply with a reasonable request for information from the committee, and that such a request should not be regarded as unreasonable solely on the ground that a Northern Ireland department or Minister lacks primary responsibility for the EU Act in question. This change is made in response to recommendations in the independent review on how Northern Ireland departments should be empowered to provide evidence to and support the committee.
I also note, for completeness, that the instrument makes some technical amendments to existing legislation. Specifically, it amends outdated references within the Northern Ireland Act 1998 and the European Union (Withdrawal) Act 2018, so that these now refer to the Windsor Framework. This minor change provides clarity and aligns UK domestic legislation with the international context.
In conclusion, this instrument demonstrates the Government’s commitment to implementing the recommendations of the independent review of the Windsor Framework, to ensure that Northern Ireland’s trading arrangements work well, and to take the practical steps necessary as we build a stronger relationship with the EU, from which Northern Ireland will benefit and which will deliver the good growth that we wish to see in every postcode. I beg to move.
Lord Bew (CB)
My Lords, I welcome this SI and am grateful to the Minister for introducing it so effectively and carefully. It is part of a process in which the Windsor Framework becomes more centre stage and the withdrawal agreement takes a step back. This is a vital process: the core of the Windsor Framework is to introduce more suppleness in facing up to the difficult question of Brexit. It is not perfect and there are many, many imperfections, but I think—this might not be a bad day to say it, following the meeting of the First Minister of Northern Ireland and the First Ministers of Wales and Scotland in Cardiff—that there is a danger, within Northern Ireland, of not coming to terms with the fact that the Windsor Framework has actually effected positive changes, and that this is part of the process.
A long time ago, there was a taskforce report following the 1985 Hillsborough agreement, signed by Margaret Thatcher—the noble Lord, Lord McCrea, will remember this. That was far more threatening and destabilising in its impact on Northern Ireland than anything in the Windsor Framework or the initial withdrawal agreement. The taskforce report represented a conclusion involving the two main unionist parties, after some period of rather sterile activism against the United Kingdom Government. It said that there was no set security or sanity in the junior partner in the United Kingdom being permanently estranged from the senior partner. The period since Brexit has opened up a similar period of estrangement, and it is time that this came to an end.
The crucial thing about the Windsor Framework, as underlined by the Minister’s remarks, is that it moves away from the very problematic commitment in the withdrawal Act that the British Government would foster an all-Ireland economy. How you would do that I was never quite sure, by the way, because the all-Ireland economy is based on a model condemned by Piketty, Krugman and Stiglitz—all Nobel Prize winners in economics—which is basically one of low tax for incoming American firms. It is difficult to do anyway. The point is that the Windsor Framework unhooks the British Government from a commitment to further the all-Ireland economy. In that sense, given the problematic aspect of the withdrawal agreement, many difficulties and flaws remain, but I welcome the fact that the Minister has come today and, essentially, refreshed certain aspects of the Windsor Framework. I am grateful to the Minister for her introduction.
The Earl of Effingham (Con)
My Lords, this instrument makes changes to the Northern Ireland Assembly’s Windsor Framework Democratic Scrutiny Committee, which scrutinises EU law that is applicable in Northern Ireland under the Windsor Framework, implementing some of the recommendations made by the independent review of the Windsor Framework.
His Majesty’s loyal Opposition are of the strong opinion that the Government must explain why they are removing the safeguards introduced by the previous Government prohibiting the use of written procedure in the joint committee, which were meant to ensure full ministerial accountability for its decisions. This instrument removes Section 15C of the European Union (Withdrawal) Act 2018. The Explanatory Memorandum to this instrument says that this provision was being made:
“to facilitate decision making between the co-chairs on time-sensitive issues during the period in between formal meetings, noting the bulk of decisions at the Joint Committee relate to the Windsor Framework”.
However, the Explanatory Notes for the European Union (Withdrawal Agreement) Act 2020, which introduced Section 15C into the 2018 Act, stated that the prohibition on the use of written procedure in the joint committee by the UK’s co-chair was to ensure that,
“decisions made by the Joint Committee are made by a Minister in person. The purpose of this provision is to ensure there is full ministerial accountability … for all decisions made in the Joint Committee”.
That was well highlighted by the noble Lord, Lord McCrea.
Introducing the use of written procedure in the joint committee by the UK’s co-chair was not recommended by the independent review. In line with the noble Lord, Lord McCrea, we have one important question: will the Minister explain in more detail the rationale for allowing the written procedure? Is there a risk, as has already been discussed, that it would allow changes to slip through inadvertently without even the minimal scrutiny currently in operation?
Baroness Twycross (Lab)
My Lords, I am very grateful to all noble Lords who have contributed to today’s debate. The instrument is a key element of the Government’s commitments made following the independent review, and I hope that it demonstrates that we continue to take action to ensure that the Windsor Framework works for the people and businesses of Northern Ireland, which is this Government’s intention for it to do.
In relation to a couple of the points that came up in the debate, the noble Lord, Lord Bew, raised an important point. I fully agree with him that Northern Ireland’s dual market access is a unique opportunity that has potential to drive real growth for Northern Ireland. The Government are committed to taking all necessary steps to protect the internal market while implementing the Windsor Framework in good faith, including having regard to all aspects of the Northern Ireland economy.
In relation to the points raised by my noble friend Lady Ritchie, I am happy to meet to discuss progress on the hub.
With regard to the point raised by the noble Lord, Lord McCrea, the robust parliamentary oversight frameworks already in place remain entirely unchanged. I hope that provides him with some reassurance. The written procedure simply ensures that, when the UK’s interests depend on swift action between the scheduled meetings, bearing in mind that they might take place only once or twice a year, we can take that action and Parliament will continue to be provided with explanatory memoranda on decisions made in the joint committee. I clarify that, in our view, this does not weaken the accountability of the Government at the joint committee. The scrutiny process for joint committee decisions made by the Government is not changed by this SI. That includes the role for Parliament and the Northern Ireland Assembly, as set down in law and in writing, which is very important.
Lord McCrea of Magherafelt and Cookstown (DUP)
Will the Minister clarify whether the Government are removing Section 15C or not? We cannot have it both ways.
Lord McCrea of Magherafelt and Cookstown (DUP)
The Minister is saying that the protection is there, but Section 15C was inserted by Section 35 of the European Union (Withdrawal Agreement) Act 2020, which was very clear that the reason for precluding Ministers was simply to ensure that nothing could be slipped through and that there had to be accountability. That is its purpose, so to remove Section 15C is to remove its purpose of providing a safeguard. Removing the safeguard cannot be the same as protecting the safeguard.
Baroness Twycross (Lab)
We think that there is a sufficient safeguard in place, but I would be happy to meet the noble Lord to discuss this further if he would find that helpful.
I return to my concluding remarks on the SI. This is not the only action that the Government are taking to protect the internal market. We have announced £16.6 million to strengthen the UK internal market and help Northern Ireland boost trade with Great Britain. This includes a comprehensive one-stop shop regulatory support service, beyond what is currently available on GOV.UK. This will help businesses trade across UK and EU markets and benefit from Northern Ireland’s unique dual market access. We have also established a triage process to support co-ordination between the Government and Northern Ireland departments on relevant EU legislation. This Government are clear that Northern Ireland is and should be a core player in that relationship. Arrangements that necessarily protect Northern Ireland’s place in the union and its internal market prevent a hard border on the island of Ireland and deliver certainty to businesses on the basis of the agreement with the EU.
I recognise and respect that noble Lords may have different views on how we arrived where we are now from Brexit, and on its merits and otherwise. However, on behalf of the Government, I should be very clear that our focus must remain on what we do next to ensure that our relationship with the EU works best for all parts of the UK.
We are focused on looking forward to a new strategic partnership with the EU, which stands to benefit Northern Ireland. I assure the Committee that we will also remain focused on smoothing flows of goods to Northern Ireland where we can, with the arrangements that apply now, with an eye to the new and beneficial arrangements that we are seeking to obtain in future.
I am not sure that I have managed to answer all noble Lords’ questions. I will ask my office to write to all those who have taken part in today’s debate as I am happy to have a continued conversation about these very important matters. I commend these regulations to the Committee.