Applicability motions

Read an explainer on applicability motions.pdf (301.89 kb)

Under the Windsor Framework, the UK Government introduced changes to how new laws are added to list of EU law applying in Northern Ireland.

Applicability motions apply when the EU adopts a new act, such as a Regulation or Directive, which it considers to be within the scope of the Windsor Framework. It is different to the Stormont Brake, which only applies to an EU act which amends or replaces an act which already applies in Northern Ireland under the Framework.

Read background information on post-Brexit arrangements for Northern Ireland, and the application of EU law

Article 13(4) of the Windsor Framework sets out the process for new EU laws to be added to the Framework. The EU must inform the UK in the EU-UK Joint Committee if it considers a new EU law to be within the scope of the Framework. It can only be added to the list of EU laws which apply under the Framework if the UK agrees.

Before the UK can agree with the EU in the Joint Committee that a new EU law should apply in NI, the Northern Ireland Assembly must indicate cross-community support for the new law to be added to the Framework by passing an ‘applicability motion’. The First Minister and the deputy First Minister may table the motion, otherwise another member of the Assembly may then do so.

However, the Government may agree to the law applying in Northern Ireland if:

  • there are “exceptional circumstances”, including if there is no NI Assembly or Executive
  • the new EU law “would not create a new regulatory border between Great Britain and Northern Ireland.”

If the Government proposes to add a new law to the Windsor Framework in one of these cases, it must make a statement to Parliament. The Government also intends to notify the Assembly of such a decision.

If the EU and UK do not reach an agreement in the Joint Committee to add the new EU law to the Framework, they will “examine all further possibilities to maintain the good functioning of [the Windsor Framework] and take any decision necessary to this effect”. If no decision is made “within a reasonable time”, the EU may take “appropriate remedial measures”.

The diagram below shows the process for new EU laws to be added to the Framework*

A flowchart of the applicability motion process, as set out in the text above

References and further reading

 

*This flowchart summarises the process. It should be read in conjunction with the relevant legislation and documents.