The DUP has said it still has concerns over EU law applying in Northern Ireland before a vote on Rishi Sunak’s Brexit deal on Wednesday.
MPs will debate the “Stormont brake” after the legislation to give Northern Ireland Assembly members (MLAs) a say on new EU laws is published on Monday.
Penny Mordaunt, Leader of the House, on Thursday announced the plans for a vote on the centrepiece of the Windsor Framework agreed by Mr Sunak and Ursula von der Leyen, the European Commission president.
The support of the DUP and Brexiteer Tories will be seen as key for the credibility of the deal, although Labour has said they will back it, meaning the vote is almost certain to pass.
‘The Stormont brake is inadequate’
On Thursday, Sammy Wilson, the DUP MP for East Antrim, warned: “The Stormont brake is inadequate because it does not ensure that MLAs in Northern Ireland can stop the application of EU law.
“There are still 300 areas of EU law that will apply to Northern Ireland, even after the Windsor Framework, and the European Court of Justice will still adjudicate on them.”
When he announced his deal, the Prime Minister said the Stormont brake would give the UK a “veto” on new EU law applying in Northern Ireland if 30 MLAs object to it.
But the brake can only be used under very strict conditions, and only on amendments and updates to existing EU laws, rather than entirely new legislation from Brussels.
“Will the Leader of the House ensure that adequate answers are given by the ministers responsible, explaining the difference between the rhetoric and the reality of the framework document?” Mr Wilson asked Ms Mordaunt.
The framework is the deal struck by London and Brussels over the Northern Ireland Protocol, which unionists fear separates them from the rest of the UK.
The DUP collapsed Stormont over the Irish Sea border treaty and has boycotted a return to power-sharing for more than a year, denying Northern Ireland devolved government.
Sir Jeffrey Donaldson, the DUP leader, is in Washington ahead of St Patrick’s Day celebrations on Friday.
He has so far been reluctant to explicitly reject or back the new deal, which Downing Street insists meets DUP demands.
“The Windsor Framework, while undoubtedly representing significant progress across a number of areas, does not deal with some of the fundamental problems at the heart of our current difficulties,” Sir Jeffrey said on Tuesday.
“It is my current assessment that there remains key areas of concern which require further clarification, re-working and change as well as seeing further legal text.”
DUP MPs may decide to abstain rather than reject or support the deal at this stage.
The European Research Group of Brexiteer MPs has asked a “star chamber” of experts to examine the deal and will consider their report next week before deciding how to vote on Wednesday.
Jacob Rees-Mogg said the backbenchers would follow the DUP’s lead when deciding whether or not to back it.