Question
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.
Answer
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.