Stormont Brake Process

Text version of flowchart

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Step 1

An EU law within the scope of the Stormont Brake is replaced or amended and published in the EU’s Official Journal. This starts the two-month scrutiny period.

Step 2

The Northern Ireland Executive is in place and the Assembly in regular session.

If  not, the amended/replacement EU law applies in Northern Ireland.

Step 3

30 MLAs from two parties notify the Speaker (providing a written explanation) that they wish for the Brake to be pulled.

Step 4

  • MLAs have sought "substantive discussion" with UK Government, the NI Executive, and stakeholders on the EU law, for example, as set out in a report from the Democratic Scrutiny Committee on the matter
  • The notification is made only in “most exceptional circumstances and as a last resort”
  • The replacement Act "significantly differs" from the original
  • The application of the law in Northern Ireland would have "a significant impact" etc.

Step 5

The Speaker notifies the Secretary of State for Northern Ireland.

Step 6

The Secretary of State accepts the conditions have been met.

If not, the Secretary of State writes to the Speaker as to why the notification is not considered valid and the amended/replacement EU law applies in Northern Ireland.

Step 7

The UK Government notifies the European Commission in writing through the Joint Committee. The notification must be made within the two-month scrutiny period. If the EU considers the UK Government's explanation (that the conditions have been met) to be insufficient, the EU requests further explanation, and the UK Government provides this.

Step 8

The amended/replacement EU law does not apply in Northern Ireland; the old/original EU Act does.

Step 9

The EU and UK engage in intensive consultations in the Joint Committee and consider the law as if it is a new EU law to be added to the Framework.