David Williamson

Prime minister Rishi Sunak and president of the European Commission, Ursula von der Leyen held a joint conference this afternoon to announce the Windsor Framework, which the prime minister described as a “decisive breakthrough”. The prime minister had a tough test as a negative reaction to this framework will likely see the European Research Group (ERG) call for his resignation. So, what will happen if the Windsor Framework is adopted? And what can we draw from the interaction between Sunak and Von der Leyen this afternoon?

The headline results of this framework are the changes to: Trade, Union, and Sovereignty.

The focus of trade is to ensure a “smooth flowing trade within the … United Kingdom”. This has been achieved with the creation of two lanes for goods. The Green Lane is for goods which are destined for Northern Ireland. In this lane the “burdensome customs bureaucracy” will be scrapped. This should result in all food that follows UK regulation but does not meet EU regulations still being sold in Northern Ireland’s supermarkets. Meanwhile, the Red Lane is for all goods “at risk” of moving into the EU. What exactly is meant by “at risk” goods will likely be fleshed out in more detail in the coming weeks.

The aspects that pertain to the Union seem to simply be a catchall term for “standardisation” with the rest of the UK. This will see an “amendment to the text of the protocol” which will allow for VAT and excise changes to remain consistent across the EU. As well as this, there is a standardisation of medicines that will see any drug approved for use in the UK also being available in “every pharmacy and hospital in Northern Ireland”.

It is with sovereignty, the third subject area, that the most controversy will likely be generated from. The only EU laws that will apply to Northern Ireland will be the bare minimum to prevent a hard border and those that allow for businesses to access the EU market. The second component to sovereignty is much more likely to breed controversy in Europe. As an extension of the petition of concern, Stormont can prevent an EU law from applying to Northern Ireland. The ‘Stormont Brake’ is a process through which the representative in Stormont can prevent changes to EU laws that would have a “significant and lasting effect on everyday life”. Von der Leyen stressed that it is an emergency mechanism which she hopes will not need to be used. Should the brake be used, Von der Leyen has stressed that in the first instance it will begin a round of “extensive consultations”. This threat of arbitration is likely meant as a counter-measure to prevent the ‘Stormont Brake’ being abused in the same way that some claim that the Petition of Concern was abused.

The reaction to the ‘Stormont Brake’ from Eurosceptic parties across the EU in the coming days will be of particular note. It is a first-of-its-kind mechanism which gives Northern Ireland a unique position in the trading block. It is the only entity with the power to prevent an EU law from affecting itself and it is likely that parties such as Alternative for Germany (AfD) and Le Front National (France) will call for its implementation in their own countries.

Sunak and Von der Leyen being given equal time to speak at the press conference likely had the joint purpose of showing both Westminster and the EU parliament that both parties had got around the table. The fact that Sunak was allowed to speak first and that a BBC journalist was allowed to ask the first question should not go unnoticed in Westminster or Brussels. From Sunak’s perspective, he will be able to claim that it is a demonstration of British leadership returning in Europe, countering claims that Sunak is softer than Johnston or Truss. Meanwhile Von der Leyen ceding that ground to him was perhaps a show of faith in his leadership over his immediate predecessors. As both made clear throughout the address, this is a partnership who have worked together in the past with the war in Ukraine and will continue to do so in the future.

Deputy Comment Editor David Williamson is a third year PPE Student at QUB

Red Lane, Green Lane: What is the Windsor Framework?