The TUV leader has labelled the upcoming Stormont vote on the continuance of post-Brexit trading arrangements for Northern Ireland as the most significant in the history of devolved governance in the region. North Antrim MP Jim Allister claimed MLAs were being asked to effectively "surrender" control to Brussels across more than 300 legal realms.
This assertion was, however, dismissed by SDLP MLA Matthew O'Toole, leader of Stormont's official opposition, who advocated for an extension of the current system, citing its crucial role in safeguarding against the detrimental effects of Brexit.
Northern Ireland Secretary Hilary Benn initiated proceedings for this decision-making process on Thursday in a letter sent to Assembly Speaker Edwin Poots. In this, he requested First Minister Michelle O'Neill and deputy First Minister Emma Little-Pengelly to present a motion by the end of November.
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The vote must be held on articles five to 10 of the Windsor Framework, which underpins the EU trade laws in force in Northern Ireland before they expire.
MLAs are expected to back the continuation of the measures for another four years, even though unionists are set to oppose the move.
The Windsor Framework, as well as its predecessor, the Northern Ireland Protocol, mandates inspections and customs documentation for goods transitioned from Great Britain into Northern Ireland. As part of these setups, designed to avoid a hardened land border in Ireland post-Brexit, Northern Ireland adheres to numerous EU commerce and customs regulations.
The contentious nature of the democratic consent process, which is integral to the UK-EU deal allowing Northern Ireland's representatives a say on trade arrangements, has unionists concerned about its impact on Northern Ireland’s position within the United Kingdom. DUP leader Gavin Robinson has signalled his party's intention to vote against the continuation of the Windsor Framework.
Unlike other divisive issues at Stormont, this motion does not require cross-community support for passage. A simple majority would extend the arrangements for four years, triggering a mandatory independent review of the framework's effectiveness by the Government.
If the motion garners cross-community support, meaning a majority from both unionists and nationalists, the extension would last eight years. TUV leader Mr Allister has openly questioned the decision to bypass the usual requirement for cross-community backing in extending these Brexit measures for four years.
Speaking to BBC Radio Ulster, he expressed his concerns: "Stormont is built since 1998 on the imperative of cross-community support, then along comes the protocol, and at the behest of the EU, for the first time, a vital issue, a wholly controversial issue, is to be made on a majoritarian basis," adding that "Majority rule is suddenly acceptable whenever it puts down unionism and that is the consequence of this vote."
Mr Allister highlighted the gravity of the situation, explaining: "This is the most significant vote to be taken in the history of Northern Ireland by an Assembly at Stormont because, for the first time ever, MLAs are being asked to surrender sovereignty over not one area of law, over 300 areas of law – not to Westminster, but to a foreign Parliament sitting in Brussels."
He went on to stress the impact, saying, "The consequence of this vote is that for the next four or eight years all the laws relating to 300 areas of law which govern our agri-food industry, which govern our production of goods, our manufacturing industry and, indeed, much of our environment, all those laws will not be made by locally-elected politicians, but will be made by foreign politicians that none of us elect."
Mr O’Toole acknowledged the protocol's challenges but defended its necessity post-Brexit while noting resonance with public sentiment: "I would like to build support across the community, across our society, for the protections that are in the protocol," he said on Radio Ulster. He also called out what he deems fearmongering: "It is true to say that parts of unionism have for a long time scaremongered – the same parts that were very vociferous in supporting Brexit – they have shouted and roared about the ill consequences of Brexit. They (DUP) brought down our institutions for two years."
He also mentioned that for the majority in Northern Ireland, this is not a primary concern.
In the eventuality Ms O’Neill and Ms Little-Pengelly decide to present the motion, they're obligated to include explanatory documentation for the other MLAs.
No one else can table a democratic consent motion in November, but if Ms O’Neill and Ms Little-Pengelly do not table such a motion this month, any MLA can do so between December 1 and 6 inclusive. The deadline for holding the vote is December 17.
Asked about the prospect of the First and deputy First Ministers failing to reach an agreement to table the motion, Mr O’Toole said he would be prepared to table it himself in December. "Certainly, we will ensure that someone tables the motion," he said.
"I would be more than happy to table it. I hope the First and deputy First Minister do, as it were, their jobs as the leaders of devolved government here and table this motion. If no one else would, we’ll ensure that it goes down. The law, by the way, is very clear that it will have to be moved by someone. The law is clear that this vote has to happen in the Assembly before the end of the year."
"We don’t think the protocol is great for its own sake. We think it is a necessary set of protections to defend against a very hard Brexit, not just the hard border on this island, but also all the other disruptions."
Meanwhile, Alliance Deputy Leader Eóin Tennyson has said that it is vital Northern Ireland’s dual market access is protected ahead of the vote.
He said: “Continuation of the Windsor Framework is essential to uphold our dual market access, protect the Good Friday Agreement and respect international agreements.
“Alliance opposed Brexit, but thanks to the hard Brexit pursued by the Conservative Government and DUP, special arrangements are necessary to address the particular challenges posed to Northern Ireland. The overwhelming majority of people and businesses here want to see pragmatic solutions, not further uncertainty and instability.
“Alliance will continue to work constructively to maximise the benefits and reap the rewards and opportunities presented by the Windsor Framework, including through pursuing a comprehensive UK-EU Veterinary and SPS Agreement."
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