The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

Made: 9th December 2020

Coming into force: 10th December 2020

In accordance with paragraph 8F(1) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1

• (1) These Regulations may be cited as the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020.

• (2) They come into force on the day after the day on which they are made.

Amendment of the Northern Ireland Act 1998: democratic consent process

2

• (1) The Northern Ireland Act 1998[^f00002] is amended as follows.

• (2) After section 56 (Civic Forum) insert—

(56A) Schedule 6A (EU Withdrawal: democratic consent process) has effect.

• (3) After Schedule 6 (standing orders: further provision)[^f00003] insert Schedule 6A in the Schedule to these Regulations.

SCHEDULE — EU Withdrawal: democratic consent process

Signed

Brandon Lewis — Secretary of State — Northern Ireland Office — 9th December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Article 18 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom from the European Union makes provision for consent to be provided by the Northern Ireland Assembly to the continued application of Articles 5 to 10 of that Protocol. Consent must be given every 4 or 8 years depending whether it is given on a simple majority or cross-community basis.

These Regulations make provision for that democratic consent process. They do so by inserting a new Schedule 6A in the Northern Ireland Act 1998 (c. 47). Part 3 of that Schedule makes provision for the process that will apply in circumstances where there is a functioning Northern Ireland Executive. Part 4 makes provision for the process that will apply in circumstances where there is not a functioning Executive in place. This is consistent with the undertaking made by the United Kingdom Government in its declaration concerning the operation of the “Democratic consent in Northern Ireland” provision of the Protocol made on 17 October 2019 (“unilateral Declaration”).

Where consent is given on a simple majority rather than cross-community basis, then Part 6 of new Schedule 6A requires the Secretary of State to commission an independent review into the functioning of the Protocol and the implications of any decision to continue or terminate alignment on social, economic and political life in Northern Ireland. Again, this is consistent with the undertakings made by the Government in the unilateral Declaration.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16; section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 was amended by paragraphs 38 and 53 of Schedule 5 to that Act.

[^f00002]: 1998 c. 47.

[^f00003]: Amendments have been made to this Schedule but they are not relevant to this instrument.

[^f00004]: EU Withdrawal Agreement is defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

[^f00005]: IP completion day is also defined in Schedule 1 to the Interpretation Act 1978.

[^f00006]: “Cross-community support” for the purposes of the Northern Ireland Act 1998 is defined by section 4(5) of that Act.

[^f00007]: Sections 16A, 16B and 16C were substituted for section 16 by section 8 of the Northern Ireland (St Andrews Agreement) Act 2006 (c. 53); section 16A was further amended by paragraph 2 of Schedule 1 to the Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 (c. 13).