Draft Withdrawal Agreement (Windsor Framework and Governance) (Amendment) Regulations 2026

Bernard Jenkin Excerpts

Wednesday 14th October 2026 General Committees

[Mr Falconer]

I do not have the full Murphy review to hand, but I am happy to respond in detail. I have tried to set out to the Committee why we think that this change does not in any way take away from the force of the arrangements in place, and why it is a reasonable change to better enable scrutiny of measures as they come through.

Let me explain in more detail how the instrument meets its purpose. First, it is in response to recommendations made by the independent review. I hear the anxiety of the hon. and learned Member for North Antrim to see exactly where in the review those recommendations are made. I hope he will excuse me for not having the papers to hand, but I am happy to write to him in further detail, with quotes, if he would like.

We are committed as a Government to providing greater flexibility to the Northern Ireland Assembly’s Windsor Framework Democratic Scrutiny Committee in conducting its examination and consideration of EU legislation relevant to Northern Ireland. We judge that the committee plays a very valuable role in scrutinising regulations of relevance to Northern Ireland, and its reports and engagement with affected stakeholders inform the work of the Government, just as they inform the work of many Members of the Assembly. The changes to schedule 6B of the Northern Ireland Act 1998 are aimed at providing the Assembly with greater latitude in conducting its work within the two-month window following the publication of a relevant EU Act, 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—Members of the Legislative Assembly, businesses and civil society—is clear about how the process works and the impacts of those enactments. 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 on the day the EU publishes the Act in its Official Journal.

The instrument gives the committee greater flexibility by expanding the inquiry decision window to 10 working days, and it moves the publication deadline for inquiry reports to no later than 12 working days before the end of the scrutiny period. Those changes will allow the committee greater latitude to choose how to run any inquiries it conducts into relevant EU legislation, take evidence and report on them.

Secondly, the instrument takes account of the need to ensure continuing effective governance arrangements for the UK-EU withdrawal agreement that are also fit for the future. As the Prime Minister set out on Monday, that future includes the vital deals on the table for the upcoming summit in Brussels on 20 November, spanning agrifood trade, linking emissions trading systems and energy co-operation.

This change, to support the governance of the withdrawal agreement and the future agreements we are seeking with the EU, is made by omitting section 15C of the European Union (Withdrawal) Act 2018. It reflects our strengthening relationship with the European Union and will allow the UK to agree to decisions at the Joint Committee between meetings. This process will enable decisions to be made by written procedure, which cannot currently happen because of domestic law. The Withdrawal Agreement Joint Committee typically meets only twice a year, so this change will enable the UK to take necessary and time-sensitive decisions as needed, which it currently cannot.

The change will also allow the Government to ensure that, where relevant EU legislation is applicable in Great Britain under future agreements, Northern Ireland can keep pace. That will be an important factor both for the implementation of relevant rules and for allowing businesses the maximum amount of time to adapt. It is a relevant consideration as the Government take forward future agreements with the EU on agrifood, emissions trading and electricity. For instance, on electricity, the proposed arrangement could cut wholesale energy prices in Northern Ireland by 20%, including lower bills for households and businesses alike, while protecting the smooth operation of Northern Ireland’s dual market access and its place within the UK market.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Can the Minister just explain how it would cut electricity bills in Northern Ireland by 20%? The Government keep asserting that but have not explained how it would happen.

[Mr Falconer]

I am looking forward to the conversation about the electricity provisions and a future arrangement with the EU, but I am not sure that that is relevant to the changes before us.

[Sir Bernard Jenkin]

You brought it up.

[Mr Falconer]

We hope that, in a future arrangement with the EU, on which we have not yet concluded negotiations, the changes that I am proposing will enable us to operate the existing arrangements more smoothly, so that we might be able to adopt new ones with speed. Conscious of the Committee’s time, I do not think it is wise at the moment to go through all three of those agreements in great detail.

[Sir Bernard Jenkin]

Will the Minister give way?

[Mr Falconer]

I will not; I am going to make a bit more progress.

[Sir Bernard Jenkin]

On a point of order, Mr Efford. The Minister appears to be making assertions that he cannot substantiate. Is that in order?

[The Chair]

Heaven forfend that someone should do such a thing in Parliament, but I do not think that is a matter for the Chair at the moment. What is a matter for the Chair is that we do not go down this rabbit hole, which is not within the scope.

[Sir Bernard Jenkin]

He started it.

[Mr Falconer]

I hosted some of my constituents earlier and they asked me what parliamentary debates were like. I did not tell them that “He started it” was a regular feature, but now I will.

Let me emphasise that, as with the modifications to the Democratic Scrutiny Committee’s procedures that I have already set out, the use of written procedure will be optional and not used for every decision at the Joint Committee. I emphasise that the instrument does not amend the process for scrutinising the decisions that the Government propose to take at the Joint Committee, where the Government maintain obligations to Parliament and the Northern Ireland Assembly.

The scrutiny process remains as it is today, including where it is provided for in the Northern Ireland Act 1998 and the Government’s EU scrutiny arrangements with Parliament. 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 UK-EU partnership council established under the TCA, the Joint Committee will remain the default forum for UK-EU decision making in relation to the withdrawal agreement and will 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 committee and the governance arrangements of which it forms part. The instrument clarifies the duty on those authorities to comply with a reasonable request for information from the committee and that it should not be regarded as unreasonable solely on the grounds 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 and support to 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 they now refer to the Windsor framework. This minor change achieves greater clarity on the statute book.

This instrument clearly shows that the Government are committed to implementing the recommendations of the independent review of the Windsor framework. We are making every effort to ensure that Northern Ireland’s trading arrangements work for its people and businesses to deliver growth in every postcode, and to facilitate a future relationship for the UK with the EU that takes the country forward.

As the Prime Minister set out on Monday, building that future relationship with the EU is vital if we are serious about promoting growth, controlling immigration, and upholding our values and our security. How we build that future is a conversation that we must have, and one that the Government will approach with care and transparency. Part of that is about ensuring that the arrangements we have in place for Northern Ireland work effectively, just as it is about preparing for the new agreements that are on the table at the UK-EU summit. For those reasons, I commend these regulations to the Committee.

--- Later in debate ---

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

It is a pleasure to serve under your chairmanship, Mr Efford.

I want to say a few words, as the Minister did, about the context of these regulations. The history of our relationship with the European Union was that, whenever a Minister brought a proposal to the House to increase the powers of the European Union or to enlarge its activities in our own jurisdiction, it was always, “There’s nothing to see here. This is already being done. This proposal just recognises what is already happening. There is no change.” By increment, we got further and further away from democratic accountability, which led to the British public deciding that they wanted to leave the European Union.

This statutory instrument is another chip being taken out of our democratic process. The Northern Ireland protocol and the Windsor framework are about as undemocratic as one could possibly imagine—that is, there is no direct possibility of intervention by the people of Northern Ireland in the lawmaking process for their own Province. Incidentally, if we have dynamic alignment in the UK as a whole, that will apply in the UK. No Member of Parliament, no majority of the House of Commons and no majority of both Houses will have the power to block or stop a new regulation being applied by the European Union if we cement ourselves into a process of dynamic alignment.

The sanitary and phytosanitary agreement is meant to generate an extra £10 billion of economic activity in the UK over the period to 2040—I think I have that correct. Well, that adds up to barely more than £700 million a year. That is a peanut in the overall scheme of things. What is holding back the economic activity in this country is excessive regulation and excessive taxation. [Interruption.] I note what you are indicating, Mr Efford. My point is that the trade-offs for agreeing to the SPS agreement are not matched. As the Secretary of State for Business and Trade said recently, were we to join the customs union, it would have an adverse effect on the trading arrangements we have agreed with the rest of the world.

These regulations seem to embed Northern Ireland further into an undemocratic regulatory process with the EU, by removing the safeguard of section 15C of the 2018 Act. The Minister has not provided an explanation for why that is going to happen. I reinforce the point made by the hon. and learned Member for North Antrim: it is not in the review to which the Minister referred. If it is in the review, please can he quote from it? If it is not, what is the justification for doing it? He has not given an explanation, and it is time that he did.