The democratic consent vote process
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These dates relate to the first democratic consent vote in 2024 and are set out in the Explanatory Memorandum for the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020.
Default process: If the First Minister and the deputy First Minister are in office, the Secretary of State initiates the process by notifying the First Minister and the deputy First Minister and the Speaker on Thursday 31 October 2024. The Speaker brings the notification to the attention of the members of the Assembly. By Sunday 1 December 2024, the First Minister and the deputy First Minister acting jointly may table a motion on democratic consent. If not, any member of the Assembly may table a motion on democratic consent.
The First Minister and the deputy First Minister provide MLAs with explanatory materials.
By Tuesday 17 December 2024, the motion is tabled:
“That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period.”
The Assembly debates and votes on the motion. By Friday 27 December 2024, the Speaker notifies the Secretary of State on the outcome of the process. By or on Tuesday 31 December 2024, the Secretary of State notifies the European Commission of the outcome.
Alternative process: If the First Minister and the deputy First Minister are not in office, the Secretary of State notifies the Speaker, and the Clerk/Chief Executive to the Assembly on Thursday 31 October 2024. The Speaker brings the notification to the attention of the members of the Assembly. By Saturday 7 December 2024, any member of the Assembly may table a motion on democratic consent. The Secretary of State provides MLAs with explanatory materials.
By Tuesday 17 December 2024, the motion is tabled:
“That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period.”
The process continues as set out in the default process.