Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government whether the statement in paragraph 46 of the Safeguarding the Union Command Paper 1021 that “the Windsor Framework applies only in respect of the trade in goods” is compatible with the High Court judgment of 28 February that the immunity provisions in the Northern Ireland (Legacy and Reconciliation) Act 2023 are contrary to Article 2 of the Windsor Framework.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
The Government stands by its position on Article 2 which was set out in the Safeguarding the Union Command Paper. Article 2 of the Framework does not apply EU law or ECJ jurisdiction, and only applies in respect of rights set out in the relevant chapter of the Belfast/Good Friday Agreement and a diminution of those rights which arises as a result of the UK’s withdrawal from the EU. We will be challenging the High Court's determination of the Article 2 issues to that end.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government what assessment they have made the High Court judgment of 28 February that the conditional immunity provisions in the Northern Ireland (Legacy and Reconciliation) Act 2023 are disapplied because of the supremacy of EU law in Northern Ireland.
Answered by Lord Caine - Lord in Waiting (HM Household) (Whip)
We remain committed to implementing the Legacy Act and delivering the ICRIR to provide better outcomes for victims and survivors of the Troubles by giving them more information about what happened to their loved ones.
Following consideration of all aspects of the judgment, including those in relation to Article 2 of the Windsor Framework, the Government is applying for an appeal with the Northern Ireland Court of Appeal.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government whether they intend to publish each individual EU law and regulation which is outside the scope of the Stormont Brake in Northern Ireland.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The scope of the Stormont Brake is provided for in domestic law under the Windsor Framework (Democratic Scrutiny) Regulations 2024. The restoration of the devolved institutions in Northern Ireland allowed those regulations to come into force and facilitated new democratic safeguards that would be unavailable to the people of Northern Ireland if the failure of those institutions to function continued. The Government has published clear operational arrangements that underpin the democratic mechanisms contained within the Windsor Framework.