Windsor Framework Democratic Scrutiny Committee

End of Session Report

Windsor Framework Democratic Scrutiny Committee - End of Session Report.pdf (248.39 kb)

Remit, powers, and membership

1. The Windsor Framework Democratic Scrutiny Committee is a standing committee of the Northern Ireland Assembly established in accordance with Schedule 6B to the Northern Ireland Act 1998 and Standing Order 59A of the Northern Ireland Assembly.
2. The purpose of the Committee is to assist with the observation and implementation of Article 13(3a) and Article 13(4) of the Windsor Framework.
3. The functions of the Committee include:

• 1. the examination and consideration of new EU acts and replacement EU acts;
  2. the conduct of inquiries and publication of reports in relation to replacement EU acts;
  3. engagement with businesses, civil society and others as appropriate in relation to replacement EU acts;
  4. engagement with the UK Government in relation to replacement EU acts;
  5. engagement with Ministers and Northern Ireland departments in relation to replacement EU acts;
  6. the collation and publication of evidence collected as part of its other activities; and
  7. 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.

1. A replacement EU act means an EU law which updates, by amending or replacing, any of the relevant[1] EU laws which already apply in Northern Ireland, as listed under Annex 2 of the Windsor Framework.Areas of EU law that apply in Northern Ireland include legislation on goods, animal and plant health rules, rules on agricultural production, VAT and excise on goods, and state aid rules.The EU's Customs Code also applies to goods entering Northern Ireland.There is a procedure by which members of the Assembly may seek to prevent the application of a replacement EU act (an emergency brake mechanism known as the Stormont Brake). Further information on the Stormont Brake can be found here.
2. A new EU act means a new EU law which falls within the scope of the Windsor Framework, but which neither amends nor replaces an EU act listed in the Annexes. The Northern Ireland Assembly has a role, by means of an "applicability motion", in setting out its position on whether a new EU act should be added to the list of EU laws applicable in Northern Ireland. Further information on applicability motions can be found here.
3. The Committee has the power to require any person to attend its proceedings for the purpose of giving evidence, or to produce documents, relating to its purpose or functions.
4. The Committee has nine members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows:

• • Mrs Ciara Ferguson MLA (Chairperson)[2]
  • Mr David Brooks MLA (Deputy Chairperson)
  • Mr Eóin Tennyson MLA[3]
  • Ms Kate Nicholl MLA[4]
  • Mr Jonathan Buckley MLA[5]
  • Mr Peter Martin MLA[6]
  • Mr Declan Kearney MLA
  • Ms Emma Sheerin MLA
  • Dr Steve Aiken OBE MLA

End of Session Report

1. This report summarises the work of the Windsor Framework Democratic Scrutiny Committee from 3 February 2024 - 31 August 2025.
2. Details of Committee expenditure during this reporting period are included at Annex A.

Committee meetings

1. The Committee met on 46 occasions during this reporting period. Nine meetings were held in public session, 36 meetings were held in part public/part closed session, and one meeting was held in closed session. Of these meetings, 45 were held in Parliament Buildings, and one was held remotely.
2. Closed sessions were scheduled in accordance with normal procedural convention. Any closed sessions of the Committee during this reporting period were either for the purpose of considering legal advice, or considering Committee reports.

Key activities, outputs and achievements

1. During this reporting period, the Committee considered 29 published replacement EU acts and one published new EU act. The Committee also considered a further 21 proposed EU acts. This included proposed EU acts which were notified to the Committee in accordance with paragraph 6 of Schedule 6B of the Northern Ireland Act 1998, and those which had started their legislative passage before the Committee was established (and would likely have been notified to it had it been established at the time).[7]
2. The Committee sought the views of representatives of business and civil society, as well as members of the public, in relation to proposed and published EU acts within the Committee's remit on 19 occasions during this reporting period. On each occasion, views were sought using the Citizen Space survey platform, and a link to the survey was shared with key stakeholders which the Assembly's Research and Information Service (RaISe) identified as being affected if the EU act was to apply in Northern Ireland.
3. During this reporting period, the Committee also agreed new procedures intended to enhance the departmental evidence it obtains. The Committee agreed that where appropriate, departmental officials would be provided with a set of questions in advance of an oral evidence session.[8] Officials would be asked to address these prior questions at the opening of their oral evidence and, if possible, provide written answers to the questions in advance.

Inquiries

1. The Committee held nine inquiries into published replacement EU acts during this reporting period. In conducting an inquiry, paragraph 9(2) of Schedule 6B to the Northern Ireland Act 1998, requires the Committee to "seek substantive discussion and engagement" with the UK Government, the relevant Northern Ireland Minister or department, and, to the extent that the Committee considers appropriate, representatives of businesses and civil society affected by the replacement EU act, or who would be affected, if the act was to apply in Northern Ireland. The Committee may also consider any matters it deems appropriate.
2. A full list of the inquiries undertaken by the Committee during the reporting period, and links to the relevant inquiry reports, can be found at Annex B.
3. In those nine inquiries, the Committee concluded on seven occasions that the relevant published replacement EU act significantly differed (in whole or in part) from the EU instrument (or instruments) it amended or replaced. [9] On two occasions, it concluded that the relevant act did not significantly differ (in whole or in part) from the EU instrument (or instruments) it amended or replaced.
4. On seven occasions, the Committee concluded that the relevant published replacement EU act would not have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist. [10] On two occasions, the Committee concluded that it was unable to reach a view on whether the relevant act would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist.

Key engagements

1. The Committee travelled to Brussels from 4 November to 7 November 2024. This visit was agreed as part of the Committee's induction plan in February 2024, in order to understand the process and development of EU policy and legislation relevant to Northern Ireland, and to develop relationships with stakeholders in Brussels to facilitate its work. Engagements during the visit included:

• • The Office of the NI Executive in Brussels;
  • The UK Mission to the EU;
  • The Scottish Government in Brussels;
  • The EU Legislative Affairs Unit, European Parliament;
  • The EU-UK Withdrawal Agreement Unit, European Commission;
  • The European Parliament's Delegation to the EU-UK Parliamentary Partnership Assembly; and
  • The Mission of Norway to the EU

1. The Committee met with the Independent Reviewer of the Windsor Framework, Lord Murphy of Torfaen, in Parliament Buildings on 20 March 2025. This engagement, and further correspondence to the Independent Reviewer from the Committee, is considered in the Independent Review's published report.
2. The Committee travelled to Westminster on 2 June 2025 to meet with the House of Lords Northern Ireland Scrutiny Committee, and the House of Commons Northern Ireland Affairs Committee. This visit was also agreed as part of the Committee's induction plan in February 2024, in order to better understand the scrutiny of EU law in Parliament and to develop relationships with these committees.
3. The Committee also returned to Brussels from 3 June to 5 June 2025. Following its previous visit to Brussels in November 2024, the Committee agreed to return in 2025 to explore the European Commission Work Programme for 2025.[11] Engagements during the visit included:

• • The European Parliament Committee on Agriculture and Rural Development (AGRI);
  • The European Parliament Committees on International Trade (INTA) and Foreign Affairs (AFET) - Joint Meeting;
  • The European Parliament Committee on Internal Market and Consumer Protection (IMCO);
  • The UK Mission to the EU;
  • The Permanent Representation of Ireland to the EU;
  • Aodhán Ó Ríordáin MEP;
  • Lynn Boylan MEP; and
  • Office of the Northern Ireland Executive in Brussels.

Annex A - Committee Expenditure

Windsor Framework Democratic Scrutiny Committee

Expenditure for the period 3 February 2024 - 31 August 2025

Annex B - Inquiries carried out during the reporting period

During the reporting period, the Committee held inquiries into:

• Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011

• Regulation (EU) 2024/3115 of the European Parliament and of the Council of 27 November 2024 amending Regulation (EU) 2016/2031 as regards multiannual survey programmes, notifications concerning the presence of regulated non-quarantine pests, temporary derogations from import prohibitions and special import requirements and establishment of procedures for granting them, temporary import requirements for high-risk plants, plant products and other objects, the establishment of procedures for the listing of high-risk plants, the content of phytosanitary certificates and the use of plant passports, and as regards certain reporting requirements for demarcated areas and surveys of pests and amending Regulation (EU) 2017/625 as regards certain notifications of non-compliance

• Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC

• Regulation (EU) 2024/2865 of the European Parliament and of the Council of 23 October 2024 amending Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures

• Regulation (EU) 2024/1938 of the European Parliament and of the Council of 13 June 2024 on standards of quality and safety for substances of human origin intended for human application and repealing Directives 2002/98/EC and 2004/23/EC

• Regulation (EU) 2024/1849 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions

• Regulation (EU) 2024/1252 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020

• Regulation (EU) 2024/1157 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006

• Regulation (EU) 2024/1143 on the geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012

[1] Relevant EU laws are those EU instruments referred to in the third subparagraph of Article 5(1) of the Windsor Framework, the first indent of heading 1 of Annex 2 to the Framework or headings 7 to 47 of Annex 2 to the Framework

[2] Mrs Ciara Ferguson MLA replaced Mr Philip McGuigan MLA, as both Chairperson and a member on the Committee on 04/02/2025. Mr Philip McGuigan MLA previously replaced Mr Declan Kearney MLA as Chairperson on the Committee on 09/02/2024.

[3] Mr Eóin Tennyson MLA replaced Ms Sorcha Eastwood MLA as a member on the Committee on 22/04/2024.

[4] Ms Kate Nicholl MLA replaced Ms Connie Egan MLA as a member on the Committee on 09/09/24. Ms Connie Egan MLA previously replaced Mr Patrick Brown MLA as a member on the Committee on 20/05/2024.

[5] Mr Jonathan Buckley MLA replaced Mr Stephen Dunne MLA as a member on the Committee on 16/09/2024. Mr Stephen Dunne MLA previously replaced Mr Jonathan Buckley MLA as a member on the Committee on 03/06.2024.

[6] Mr Peter Martin MLA replaced Ms Joanne Bunting MLA as a member of the Committee on 02/12/24.

[7] Further information on all of the proposed and published EU acts considered by the Committee, and evidence gathered in relation to each one, is available on the Committee's website.

[8] The Committee agreed to delegate responsibility for drafting the questions to the Committee Secretariat.

[9] The Committee reached this conclusion on Regulation (EU) 2024/1849. However, it also noted that the European Commission has taken the view that as long as the United Kingdom in respect of Northern Ireland complies with the conditions specified in Commission Notice C/2024/4675, dental amalgam may be used in Northern Ireland for the purpose of dental treatment for patients residing in the United Kingdom, and dental amalgam can be imported from outside the Union for that purpose until 31 December 2034, or until the date agreed under the framework of the Minamata Convention on Mercury, whichever is earlier.

[10] The Committee reached this conclusion on Regulation (EU) 2024/1849 following further clarification provided by the European Commission (as set out in Commission Notice C/2024/4675).

[11] The Committee asked RaISe to prepare a briefing paper on the Commission Work Programme. Researchers briefed the Committee on its findings on 13 March 2025. This briefing was used to inform the Committee's preparation for, and discussions during, the visit to Brussels.

[12] This total also includes costs associated with rearranging a planned visit to Westminster and Brussels in June 2024. This visit was postponed due to the announcement of the UK General Election held in July 2024.