Overview of the bill
On 20 November 2024, Jim Allister of the Traditional Unionist Voice (TUV) party introduced the European Union (Withdrawal Arrangements) Bill 2024-25 to the House of Commons, having been drawn seventh in the private members’ bill ballot for the 2024-25 session.
The bill’s second reading is scheduled for Friday 6 December 2024.
The bill’s long title states it would “make provision to modify the effect on domestic law of arrangements relating to the withdrawal of the United Kingdom from the EU”.
What this means is the bill would, if passed, unpick how the EU-UK Withdrawal Agreement, an international treaty which regulates the UK’s exit from the European Union (EU), is given effect in UK law. In particular, the bill focuses on provisions relating to Northern Ireland. These are found in the Windsor Framework (formerly the Protocol on Ireland/Northern Ireland), which is an integral part of the Withdrawal Agreement.
The bill is heavily based on the (abandoned) Northern Ireland Protocol Bill 2022-23.
Some of provisions in the bill, if enacted, would be contrary to the UK’s obligations in international law (as contained in the Withdrawal Agreement).
What is the Northern Ireland Protocol/Windsor Framework?
The Windsor Framework is the name given to the Protocol on Ireland/Northern Ireland as amended by the EU and UK in March 2023. The Northern Ireland Protocol set out Northern Ireland’s post-Brexit relationship with the EU. It formed part of the EU-UK Withdrawal Agreement.
The Protocol came into force on 1 January 2021. It was intended to ensure the absence of a ‘hard border’ within the island of Ireland, including physical infrastructure and related checks and controls on the movement of goods. It did this by applying relevant EU Single Market rules for goods to Northern Ireland, as well as the EU’s customs rules. This meant that checks had to be carried out on goods coming into Northern Ireland from Great Britain to ensure that they complied with relevant EU laws, or that they would not move beyond Northern Ireland.
Why is this bill being introduced?
Mr Allister believes the Northern Ireland Protocol introduced (PDF) “a significant degree of disruption and burdens in practice” for businesses and individuals in Northern Ireland.
He also stated that changes to the operation of the Northern Ireland Protocol as made by the Windsor Framework in 2023, and the proposals set out in the 2024 Safeguarding the Union Command Paper, which brought the Democratic Unionist Party back into the Northern Ireland Executive, were insufficient to address these issues.
Mr Allister would like the UK Government to use the powers in the bill to introduce a new set of trading arrangements for Northern Ireland based on the concept of mutual enforcement (PDF). Under mutual enforcement the UK and the EU would take on the enforcement of each other’s import and export regulations and standards.
Both the current UK Government and the EU support the current arrangements under the Windsor Framework. The UK Government, however, is seeking a veterinary agreement with the EU. It believes this would eliminate many of the current checks and controls on goods moving into Northern Ireland from Great Britain.
In June 2022 the previous Conservative Government introduced the Northern Ireland Protocol (NIP) Bill, which also sought to block the application of the Withdrawal Agreement/Protocol in UK law, and on which this bill is largely based. The Conservative Government later withdrew the draft legislation when it agreed with the EU changes to the Protocol made by the Windsor Framework. The EU started the process of imposing retaliatory measures on the UK in response to the NIP and said it would impose further measures should it come into force.
The bill’s power to make parts of the Withdrawal Agreement and Windsor Framework “excluded provision”
The bill’s primary tool to block the application of the Withdrawal Agreement/Windsor Framework in UK law is to make “excluded provision” parts of the European Withdrawal Act 2018. Making parts of an act excluded provision stops its direct effect in UK law. The 2018 Act gives direct effect and supremacy to relevant provisions of the Withdrawal Agreement, and also implements in domestic law relevant provisions of the Windsor Framework.
Among the parts of the Withdrawal Agreement/Windsor Framework that would be made excluded provision include:
- provisions that apply certain EU goods regulations to Northern Ireland (Clause 5)
- provisions that apply EU customs rules on certain goods entering Northern Ireland (Clause 6)
- provisions granting the Court of Justice of the EU jurisdiction over relevant parts of the Withdrawal Agreement and Framework (Clause 12)
- provisions obliging UK domestic courts to be bound by or refer matters to the CJEU where interpretations of EU law are required (Clause 18)
The bill would also give Ministers powers to make other parts of the Framework excluded provision in the future.
The only part of the Windsor Framework protected from being made excluded provision in the future are the parts relating to the continued operation of the Common Travel Area between Ireland and the UK.
What else does the Bill do?
As well as excluding the Framework’s EU state aid provisions, Clause 11 would amend the UK Subsidy Control Act 2022 to bring Northern Ireland within the scope of the new UK subsidy control regime.
Clauses 6 to 8 would introduce new powers for Ministers to change the way goods move in and out of Northern Ireland, including changes to customs rules.
Clause 16 would introduce regulations to “make any provision” about VAT, excise duty or any other tax which Ministers “consider appropriate in connection with the Windsor Framework”.
Clause 19 would also modify the effect of the part of the Windsor Framework which regulates the democratic consent mechanism. This allows the Northern Ireland Assembly to periodically decide whether or not Articles 5-10 of the Framework will continue to apply in Northern Ireland. Clause 19 would require “cross-community” support in the Assembly for consent to be given for those parts of the Framework to continue to operate. Currently it requires only a simple majority.