header-logo header-logo

All change in Northern Ireland?

01 March 2023
Issue: 8015 / Categories: Legal News , Constitutional law , EU , Brexit
printer mail-detail
Lawyers have been combing through the fine detail of the Windsor Framework, an agreement in principle on amending the Northern Ireland Protocol.

The government has scrapped the controversial Northern Ireland Protocol Bill as there is now ‘no legal justification’ for it. The EU will therefore drop the legal actions it launched against the UK over the Bill.

The framework, announced by Prime Minister Rishi Sunak and president of the European Commission Ursula von der Leyen this week, restricts the application of EU rules to the ‘minimum necessary’ so that less than 3% will be applicable. The oversight of the European Court of Justice is retained for matters of EU law only.

UK VAT and excise rules will now apply for alcoholic drinks for immediate consumption and immovable goods, whereas EU VAT rules could be applied under the Northern Ireland Protocol. However, EU VAT will still apply to other items.

A ‘Stormont brake’ is introduced, under which the Northern Ireland Assembly can oppose new EU goods rules that would have ‘significant and lasting effects’ on the people of Northern Ireland. In order to trigger the brake, the support of 30 members from at least two parties is required.

Bureaucracy on trade will be reduced through the use of a green lane and red lane, the former being used to fast-track goods intended to stay in Northern Ireland by removing customs checks and certifications. With a supermarket truck having to provide 500 certificates under the Northern Ireland Protocol, it can now simply make a declaration that the goods will stay in Northern Ireland. The red lane will be used for goods intended to enter the EU.

The same medicines with the same labels will be available across the UK, without the barcode scanning requirements of the Protocol. Similarly, the framework ends the restrictions on movement of seed potatoes, oak trees and other plants between Northern Ireland and the rest of the UK.

Sunak said the agreement was ‘written in the language of laws and treaties. But really, it’s about much more than that. It’s about stability in Northern Ireland. It’s about real people and real businesses.’

Issue: 8015 / Categories: Legal News , Constitutional law , EU , Brexit
printer mail-details

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll