Let us look at the intent behind the existing democratic consent mechanism. The Windsor framework carefully designed the process to ensure that the people of Northern Ireland, through their elected representatives in the Assembly, have a say in whether the key provisions of the framework continue to apply. By allowing a simple majority vote, the framework ensured that the democratic will of the Assembly could be expressed efficiently and effectively. That system reflects the realities of a power sharing arrangement, where decision making can already be complex and contentious.
Clause 19 proposes a significant and disruptive shift. By requiring cross-community consent in the Northern Ireland Assembly—a majority of Unionist and nationalist representation—the Bill introduces a mechanism that grants de facto veto power to either community, and Opposition Members know that. That risks creating scenarios where no decision can be reached at all, with no explanation in the Bill for whether the Windsor framework would continue under such circumstances. Such provisions invite obstruction and brinkmanship on a critical issue.