Latest news with #WindsorFramework
Telegraph
2 days ago
- Business
- Telegraph
The Tobacco and Vapes Bill risks unravelling Windsor Framework
As a former Solicitor General and Chair of the Northern Ireland Affairs Select Committee, I am no stranger to the legal complexities that arise when Westminster legislation intersects with our post-Brexit arrangements in Northern Ireland. Yet even by those standards, the Tobacco and Vapes Bill now before Parliament represents an extraordinary and avoidable collision course with the law. Ministers have sheepishly suggested that the Bill does not affect trade between Northern Ireland and the rest of the UK. That is a surprising conclusion, and, in my view, a legally indefensible one. As someone who helped oversee the legal machinery of government, I can say this plainly: legislation that purports to apply across the UK but cannot lawfully operate in Northern Ireland is both constitutionally and legally incoherent. The problem is relatively straightforward. Under the Windsor Framework, Northern Ireland continues to follow key parts of EU law to maintain access to the EU Single Market for goods. One such law is the 2014 EU Tobacco Products Directive, which mandates that tobacco can be legally sold to adults aged 18 and over. The UK Bill proposes a generational ban, effectively criminalising the sale of tobacco to anyone born after 2008. The contradiction is obvious. If the Bill applies UK-wide, Northern Ireland will be out of step with EU law. If the Bill is not enforceable in Northern Ireland, then the UK's internal market will be fragmented. Either outcome exposes the UK to legal challenge and breaches the treaty obligations we signed only last year. The Windsor Framework is not merely political scaffolding; it is now part of an international treaty that carries direct effect in UK law. As I saw time and again during my tenure as Chair of the Northern Ireland Affairs Select Committee, the unique legal position of Northern Ireland requires careful and nuanced handling. Blunt instruments like this Bill risk unravelling the hard-won gains of recent years. The legal risk is not hypothetical. The courts in Northern Ireland – in cases such as Dillon v Secretary of State for Northern Ireland, have confirmed their power to dis-apply UK legislation that contravenes the Framework. The relevant test, long established, would be easily met here. The right to purchase legal goods, like tobacco, is an economic right protected under the Framework and the Good Friday Agreement. To remove that right in Northern Ireland, by domestic legislation that conflicts with EU law, would be a direct breach of both. It is simply inconceivable that such a law could stand in Northern Ireland without falling foul of the courts. I say this not as a political opponent of the Bill's objectives, (I actually voted in favour of the Bill in principle under the last government) but as a KC who has spent years navigating the legal thickets of post-Brexit Britain. The law matters. International obligations matter. Our constitutional order depends on Parliament respecting both. I have been greatly disappointed by the level of forensic legal rigour applied to the Bill that is required for it to get muscular enough to be considered remotely workable. The choice now before Parliament is not whether to press ahead with the generational ban. It is whether to press ahead lawfully. That cannot be done until the UK secures agreement through the UK–EU Joint Committee or expressly exempts Northern Ireland from the scope of the Bill. Until then, the Government must pause this legislation. Anything less risks breaching international law, undermining the internal market, and inviting yet another avoidable constitutional crisis.
Belfast Telegraph
2 days ago
- Politics
- Belfast Telegraph
DUP MP hits out over latest twist to Supreme Court gender ruling as Windsor Framework causes NI uncertainty
The DUP MP spoke out after the commission said the ruling, which determined the legal definition of a woman was based on biological sex, would have applied in Northern Ireland if it was not for the Windsor Framework. Instead, the matter will brought before the High Court in Belfast, which will likely take more than a year. The Supreme Court judgement has implications for transgender people's access to single-sex spaces. As the ruling relates to an interpretation of the Equality Act 2010, which does not apply in Northern Ireland, the Equality Commission has to assess how it may be interpreted here. It believes the judgment will be 'highly persuasive' in Northern Ireland courts, but the situation is 'much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape,' chief commissioner Geraldine McGahey said. Specifically, the Supreme Court did not consider Article 2 commitments under the Windsor Framework agreed between the UK and EU in 2023. Article 2 underlines the Government's commitment to ensure that people in Northern Ireland do not lose equality and human rights contained in the Good Friday Agreement. The agreement is underpinned by EU law, and under the Windsor Framework, aspects of EU law continue to apply to Northern Ireland. Ms McGahey said much local equality legislation used words such as 'sex', 'men' and 'women' without providing 'comprehensive definitions'. But Ms Lockhart said the Supreme Court judgment was a 'victory for the rights of women and girls', and it was 'deeply regrettable' that the commission's response 'appears to cast doubt on the implementation of this landmark decision'. She continued: 'The suggestion that EU law should continue to dictate matters of such importance to women's rights in Northern Ireland is entirely unacceptable. 'Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo. Article 2 is about 'no diminution of rights', yet the Equality Commission does not seem able to set out in plain terms which right was in place and has now supposedly been lost. 'The Government must act swiftly and decisively to make it absolutely clear that EU law is not binding in respect of the Supreme Court judgement and cannot stymie efforts to reassert and protect the hard-won rights of women and girls in our society.' Scott Cuthbertson, of the Rainbow Project, said: 'We have worked hard to understand the ruling and communicate our view, and welcome that the Equality Commission has accepted that Article 2 of the Windsor Framework could have implications for how this judgment is read in Northern Ireland. 'We're working through the commission's paper, including its interim guidance for employees and service providers, and considering its implications for trans people as well as our next steps to defend their rights.' Hundreds of trans rights activists descend on City Hall to protest Supreme Court ruling The commission said it would ask the High Court in Belfast to issue a declaration to clarify key questions. Given the unique legal landscape, the commission said it was possible 'sex' could be interpreted differently in Northern Ireland to how it was interpreted by the Supreme Court. Ms McGahey said if it wasn't for Article 2 of the Windsor Framework, 'we would actually be saying very clearly that the Supreme Court judgment applies here in Northern Ireland'. She added: 'That is why we're saying it's highly persuasive for our courts and tribunals here in Northern Ireland. 'Article 2 is about ensuring there's no diminution of rights that are protected or safeguarded within the Good Friday Agreement.' Ms McGahey said there was a debate as to which rights were being referred to, civil rights or rights relating to gender discrimination. Until the High Court process is completed, the commission can only issue 'interim guidance' to employers and service users. One suggestion is for employers to consider universal shower and toilet facilities, consisting of self-contained lockable rooms that can be used by one person at a time, regardless of their gender. The intention of this would be for these universal facilities to be designed 'so no one could infer a person's gender or sex simply because they were selected', thus avoiding risking 'outing' transgender people.
Leader Live
2 days ago
- Business
- Leader Live
M&S boss criticises post-Brexit food labelling as ‘bureaucratic madness'
Stuart Machin described 'yet another layer of unnecessary costs and red tape for retailers', as he revealed that more than 1,000 M&S products destined for Northern Ireland will need to have a 'Not for EU' sticker affixed from next week. These labels have been phased in since 2023 when the post-Brexit trading deal was agreed. The Windsor Framework was negotiated by the UK and EU to address issues which had arisen in the operation of the Northern Ireland Protocol which effectively keeps Northern Ireland within the EU for trade. Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them. – Another… — Stuart Machin (@MachinStuart1) June 27, 2025 However, rules were needed to ensure goods for the UK did not enter the EU single market in the Republic of Ireland. Earlier this month the UK Government indicated it would hope for a smoother flow of trade when its new sanitary and phytosanitary (SPS) deal with the EU is finalised. Mr Machin indicated he was hopeful that the stickers may become unnecessary following the new deal. He took to social media on Friday to express his frustration. 'Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them,' he posted on the social media platform X. 'Another 400 will need to go through additional checks in the 'Red Lane'. 'Quite frankly it's bureaucratic madness, confusing for customers, and completely unnecessary given the UK has some of the highest food standards in the world. 'The Government's SPS deal with the EU will be game-changing, and it can't come soon enough!'
North Wales Chronicle
2 days ago
- Business
- North Wales Chronicle
M&S boss criticises post-Brexit food labelling as ‘bureaucratic madness'
Stuart Machin described 'yet another layer of unnecessary costs and red tape for retailers', as he revealed that more than 1,000 M&S products destined for Northern Ireland will need to have a 'Not for EU' sticker affixed from next week. These labels have been phased in since 2023 when the post-Brexit trading deal was agreed. The Windsor Framework was negotiated by the UK and EU to address issues which had arisen in the operation of the Northern Ireland Protocol which effectively keeps Northern Ireland within the EU for trade. Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them. – Another… — Stuart Machin (@MachinStuart1) June 27, 2025 However, rules were needed to ensure goods for the UK did not enter the EU single market in the Republic of Ireland. Earlier this month the UK Government indicated it would hope for a smoother flow of trade when its new sanitary and phytosanitary (SPS) deal with the EU is finalised. Mr Machin indicated he was hopeful that the stickers may become unnecessary following the new deal. He took to social media on Friday to express his frustration. 'Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them,' he posted on the social media platform X. 'Another 400 will need to go through additional checks in the 'Red Lane'. 'Quite frankly it's bureaucratic madness, confusing for customers, and completely unnecessary given the UK has some of the highest food standards in the world. 'The Government's SPS deal with the EU will be game-changing, and it can't come soon enough!'
Glasgow Times
2 days ago
- Business
- Glasgow Times
M&S boss criticises post-Brexit food labelling as ‘bureaucratic madness'
Stuart Machin described 'yet another layer of unnecessary costs and red tape for retailers', as he revealed that more than 1,000 M&S products destined for Northern Ireland will need to have a 'Not for EU' sticker affixed from next week. These labels have been phased in since 2023 when the post-Brexit trading deal was agreed. The Windsor Framework was negotiated by the UK and EU to address issues which had arisen in the operation of the Northern Ireland Protocol which effectively keeps Northern Ireland within the EU for trade. Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them. – Another… — Stuart Machin (@MachinStuart1) June 27, 2025 However, rules were needed to ensure goods for the UK did not enter the EU single market in the Republic of Ireland. Earlier this month the UK Government indicated it would hope for a smoother flow of trade when its new sanitary and phytosanitary (SPS) deal with the EU is finalised. Mr Machin indicated he was hopeful that the stickers may become unnecessary following the new deal. He took to social media on Friday to express his frustration. 'Next week sees the final phase of the Windsor Framework come into effect, adding yet another layer of unnecessary costs and red tape for food retailers like M&S. – 1000+ M&S products destined for Northern Ireland will need to have a 'Not For EU' label stuck on them,' he posted on the social media platform X. 'Another 400 will need to go through additional checks in the 'Red Lane'. 'Quite frankly it's bureaucratic madness, confusing for customers, and completely unnecessary given the UK has some of the highest food standards in the world. 'The Government's SPS deal with the EU will be game-changing, and it can't come soon enough!'
