The Windsor Framework Democratic Scrutiny Committee

Read an explainer on the Windsor Framework Democratic Scrutiny Committee.pdf (402.32 kb)

The UK Government legislated through the Windsor Framework (Democratic Scrutiny) Regulations 2024 to make provision for the establishment of a new committee in the Assembly, the Windsor Framework Democratic Scrutiny Committee.

The purpose of the Committee is to assist with the observation and implementation of Article 13(3a) and (4) of the Windsor Framework. These are the parts of the Framework which set out the processes for how new, and amending or replacement EU law may apply in Northern Ireland.

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

Visit the Democratic Scrutiny Committee's webpage

The legislation sets out the Committee’s functions:

(a)    the examination and consideration of new EU acts and replacement EU acts,

(b)    the conduct of inquiries and publication of reports in relation to replacement EU acts,

(c)     engagement with businesses, civil society and others as appropriate in relation to replacement EU acts,

(d)    engagement with His Majesty’s Government in the United Kingdom in relation to replacement EU acts,

(e)    engagement with Ministers and Northern Ireland departments in relation to replacement EU acts,

(f)      the collation and publication of evidence collected as part of its other activities, and

(g)    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.

 

Proposed EU acts

The UK Government may notify the Committee about new or replacement EU acts which have been proposed by the European Commission. The Committee can monitor the progress of this legislation, publish interim reports, and hold inquiries.

 

Published EU acts

The Government may also notify the Committee about amending or replacement EU acts which have been published in the EU’s Official Journal. Following this, the Committee has five working days to decide whether to hold an inquiry into the EU act and must publish its decision. The Committee must have regard to whether the amending or replacement EU act:

  • “significantly differs (in whole or in part) from the content or scope of the EU instrument which it amends or replaces, and
  • would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist”

The legislation states that during the inquiry, the Committee must engage with the UK Government, a Minister or Northern Ireland department, and representatives of businesses and civil society potentially affected by the EU act.

The Committee must publish a report on its inquiry no later than 15 working days before the end of the two month scrutiny period (which begins when the EU act is published).

The diagram below sets out the process for the Democratic Scrutiny Committee*:

A flowchart of the processes for the Democratic Scrutiny Committee, 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.