Consent process under Schedule 6A Northern Ireland Act 1998

Schedule 6A of the Northern Ireland Act 1998 and Article 18 of the Windsor Framework provides Members of the Northern Ireland Assembly (MLAs) with the opportunity to consider whether Articles 5-10 of the Windsor Framework (concerning the trade in goods) should continue to apply.

The upcoming vote is a decision for the Assembly, in accordance with the law. However, under the terms of Schedule 6A, where an MLA other than the First and deputy First Minister table a motion on democratic consent, I am under a legal duty to take reasonable steps to provide MLAs with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.

In recognition of the short time window within which the motion would be tabled and the vote held, I have written to the Speaker of the Assembly today and enclosed explanatory materials that would discharge that duty. These materials have been published on GOV.UK and I shall ask that a copy be placed in the Library of the House for the record.

More broadly, the Government has also set out its commitment to resetting relations with the EU and negotiating new agreements which can remove unnecessary barriers to trade for businesses in the UK trading with the EU. In the Government’s view, only the Windsor Framework arrangements in place under Articles 5-10 provide a credible basis to pursue those negotiations whilst also respecting Northern Ireland’s unique circumstances and its place in the UK’s internal market. The Government will listen carefully to the result of the vote, meet its legal duties flowing from that, and will engage fully with business, civic society and political leaders in Northern Ireland as that work continues and will update the House in due course.