In profile: Windsor Framework Democratic Scrutiny Committee

Established in 2023, the Windsor Framework Democratic Scrutiny Committee is tasked with assisting with the observation and implementation of Article 13(3a) and 13(4) of the Windsor Framework.

Established under Schedule 6B to the Northern Ireland Act 1998, the Committee’s purpose is to assist with the observation and implementation of Article 13(3a) and (4) of the Windsor Framework. The Committee’s functions include:

• examining and considering new EU acts and replacement EU acts;
• conducting inquiries and publishing reports in relation to replacement EU acts;
• engaging with businesses, civil society, and others in relation to replacement EU acts;
• engaging with the UK Government in relation to replacement EU acts;
• engaging with ministers of Northern Ireland departments and the Executive in relation to replacement EU acts; and
• dealing with other matters (including legislative proposals which may become new EU acts or replacement EU acts) which the Committee considers to be connected with its purpose or other functions.

The committee was established as part of the Windsor Framework, aimed at alleviating unionist concerns around the application of EU legislation in Northern Ireland and the monitoring of the Irish Sea border.

Although tasked with scrutinising, the committee is not the key mechanism through which the Stormont Brake is triggered. The Stormont Brake is triggered by being signed by at least 30 MLA from at least two parties. It may apply to an EU act, which amends or replaces an act which already applies in Northern Ireland under the Windsor Framework. Although MLAs have the power to trigger the brake, the UK Government can simply ignore concerns if it decides that the legal conditions for the Brake have not been satisfied before raising it with the EU.