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Benn defends decision not to pull Stormont brake Benn defends decision not to pull Stormont brake
(32 minutes later)
Northern Ireland Secretary Hilary Benn responded to the Stormont brake request on MondayNorthern Ireland Secretary Hilary Benn responded to the Stormont brake request on Monday
The Northern Ireland secretary has denied the UK government's relationship with the European Union was a factor in his decision on the Stormont Brake. The Northern Ireland secretary has denied the UK government's relationship with the European Union was a factor in his decision on the Stormont brake.
Hilary Benn said he had no concerns that refusing to use the post-Brexit mechanism would destabilise power-sharing. Hilary Benn said he had no concerns that refusing to use the post-Brexit mechanism would destabilise power sharing.
The secretary of state said although the request from Stormont's unionist parties was rejected, the process was "working".The secretary of state said although the request from Stormont's unionist parties was rejected, the process was "working".
All eligible unionist MLAs had backed a Democratic Unionist Party (DUP) motion to pull the brake in a bid to stop changes to EU rules on packaging and labelling of chemicals. All eligible unionist assembly members had backed a Democratic Unionist Party (DUP) motion to pull the brake in a bid to stop changes to EU rules on packaging and labelling of chemicals.
But the UK government, which decides whether the brake is formally triggered, concluded the tests for using it had not been met.But the UK government, which decides whether the brake is formally triggered, concluded the tests for using it had not been met.
It said the EU rules being challenged do not meet the threshold of having a "significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist".It said the EU rules being challenged do not meet the threshold of having a "significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist".
Speaking to BBC Newsline, Benn said he "looked very carefully" at the request, but the test was not met "because it's a high bar".Speaking to BBC Newsline, Benn said he "looked very carefully" at the request, but the test was not met "because it's a high bar".
He said he takes "seriously" the concerns expressed by unionist members of the legislative assembly (MLAs). He said he takes "seriously" the concerns expressed by unionist assembly members.
Unionist politicians, including Democratic Unionist Party (DUP) leader Gavin Robinson, have criticised the decision while First Minister, and Sinn Féin vice-president, Michelle O'Neill called for pragmatism.Unionist politicians, including Democratic Unionist Party (DUP) leader Gavin Robinson, have criticised the decision while First Minister, and Sinn Féin vice-president, Michelle O'Neill called for pragmatism.
The brake formed part of an overall package of measures - known as the Windsor Framework - agreed by the UK and EU two years ago, aimed at resolving problems with post-Brexit trade arrangements in Northern Ireland.The brake formed part of an overall package of measures - known as the Windsor Framework - agreed by the UK and EU two years ago, aimed at resolving problems with post-Brexit trade arrangements in Northern Ireland.
The framework is the special Brexit deal which applies to Northern Ireland and means it continues to follow some EU laws relating to goods. The framework is the special Brexit deal that applies to Northern Ireland and means it continues to follow some EU laws relating to goods.
The brake was designed to give Stormont's politicians a greater say before any amended EU rules could take effect in Northern Ireland.The brake was designed to give Stormont's politicians a greater say before any amended EU rules could take effect in Northern Ireland.
The Stormont brake allows MLAs at Stormont to object to changes to European Union rules that apply in Northern IrelandThe Stormont brake allows MLAs at Stormont to object to changes to European Union rules that apply in Northern Ireland
'Specific test wasn't met''Specific test wasn't met'
The secretary of state said there would be a consultation to "ensure that there isn't a regulatory problem so that people in Northern Ireland can continue to get the chemicals they want". Benn outlined the reasons for his decision in a seven-page letter sent to the Speaker of the Northern Ireland Assembly, Edwin Poots.
"For me, I think that shows the Stormont Brake process as a whole working because a concern has been expressed, I have taken note of that, and although the specific test wasn't met, because that is a very significant one, we are going to look to make sure that there isn't going to be a problem," he added. Among those reasons were:
Benn said in making his decision, he "did not take into account what effect it might or might not have on our relations with the European Union". there was "already existing divergence" in labelling for chemicals in Northern Ireland compared to Great Britain. Benn said these differences "have never been raised with the government as creating difficulties".
The secretary of state said that was "not the obligation I was under as the secretary of state under the legislation". the "overwhelming majority" of businesses in the UK internal market also trade with the EU market, and would "be in a position to continue to place their products on the Northern Ireland market".
indications from industry suggest routine labelling changes are made on average every 30-36 months, suggesting that most businesses "are likely to undertake routine labelling changes".
Speaking to BBC Newsline, the Northern Ireland Secretary said there would now be a consultation to "ensure that there isn't a regulatory problem so that people in Northern Ireland can continue to get the chemicals they want".
He added that the move to trigger the brake, and the government deciding not to, showed that the process worked as "a concern has been expressed, I have taken note of that".
"Although the specific test wasn't met, because that is a very significant one, we are going to look to make sure that there isn't going to be a problem."
Benn said in making his decision, he did not take into account what effect it would have on relations with the European Union.
He said that "in the end we want there to be a closer relationship with the European Union", and that it was "something that I hope everybody in Northern Ireland would support".He said that "in the end we want there to be a closer relationship with the European Union", and that it was "something that I hope everybody in Northern Ireland would support".
On the stability of Northern Ireland's devolved institutions, Benn said he did not think his Stormont Brake decision would have an impact. On the stability of Northern Ireland's devolved institutions, Benn said he did not think his Stormont brake decision would have an impact.
"What the people of Northern Ireland need more than anything else is for their government to be there working on their behalf. So no I don't have those concerns, not at all," he said. "What the people of Northern Ireland need more than anything else is for their government to be there working on their behalf. So, no, I don't have those concerns, not at all," he said.
Analysis: No threat to power sharing
by BBC News NI Political Editor Enda McClafferty:
It is another post-Brexit defeat for unionism, only this time there is no rush to apply the brake on Stormont.
Statements from the DUP and Ulster Unionist party focus their anger at the secretary of state, but they stop short of threatening the institutions.
There is no desire anymore to escalate such a crisis and place power sharing in jeopardy.
Instead they will continue to challenge and test such mechanisms at every opportunity even if it means fighting battles they may lose.
What have Northern Ireland parties said?What have Northern Ireland parties said?
DUP leader Gavin Robinson's party had tabled a motion to have the brake pulledDUP leader Gavin Robinson's party had tabled a motion to have the brake pulled
DUP leader Gavin Robinson said the government's decision not to activate the Stormont Brake is “wrong”.DUP leader Gavin Robinson said the government's decision not to activate the Stormont Brake is “wrong”.
“There are elected representatives in Parliament and the NI Assembly who close their eyes to the impact divergence is and will have. This is utter foolishness,” he said. “There are elected representatives in Parliament and the Northern Ireland Assembly who close their eyes to the impact divergence will have. This is utter foolishness,” he said.
First Minister Michelle O'Neill called for pragmatism following the UK government's decision. First Minister Michelle O'Neill called for pragmatism "instead of grandstanding or trying to be overtly political about it".
"Let's not have stop-start - let's create the stability and the certainty that the business community would require," the Sinn Féin vice-president said in the assembly."Let's not have stop-start - let's create the stability and the certainty that the business community would require," the Sinn Féin vice-president said in the assembly.
She added: "Let's be pragmatic about it, instead of grandstanding or trying to be overtly political about it.
First Minister Michelle O'Neill called for pragmatismFirst Minister Michelle O'Neill called for pragmatism
Ulster Unionist Party (UUP) assembly member Steve Aiken said the government's decision "fundamentally undermines the safeguards that are supposed to be in place".Ulster Unionist Party (UUP) assembly member Steve Aiken said the government's decision "fundamentally undermines the safeguards that are supposed to be in place".
"Northern Ireland is far from being in the 'best of both worlds' and Hilary Benn had an opportunity to actually examine the impact of this divergence," he said."Northern Ireland is far from being in the 'best of both worlds' and Hilary Benn had an opportunity to actually examine the impact of this divergence," he said.
"He has demonstrably failed at this first hurdle.""He has demonstrably failed at this first hurdle."
Alliance Party deputy leader Eóin Tennyson warned against the Stormont Brake being "abused". Alliance Party deputy leader Eóin Tennyson warned against the Stormont brake being "abused".
He added: "Ultimately, it is only through closer alignment and cooperation between the UK and the EU that the impact of Brexit will be mitigated."He added: "Ultimately, it is only through closer alignment and cooperation between the UK and the EU that the impact of Brexit will be mitigated."
Social Democratic and Labour Party (SDLP) assembly member Matthew O'Toole, leader of the Stormont assembly's opposition, said debate around the Stormont Brake was a "distraction". Social Democratic and Labour Party (SDLP) assembly member Matthew O'Toole, leader of the Stormont assembly's opposition, said debate around the brake was a "distraction".
"Instead of continual debate around the Stormont Brake, we need the secretary of state and the UK government to engage with the EU around a permanent solution that recognises Northern Ireland's unique position and allows us to make the most of dual-market access," he said. "Instead of continual debate around the Stormont brake, we need the secretary of state and the UK government to engage with the EU around a permanent solution that recognises Northern Ireland's unique position and allows us to make the most of dual-market access," he said.
Traditional Unionist Voice (TUV) leader Jim Allister said the decision was "not just a calculated slap in the face of all democrats but creates a moment of truth for the DUP".Traditional Unionist Voice (TUV) leader Jim Allister said the decision was "not just a calculated slap in the face of all democrats but creates a moment of truth for the DUP".
He added: "It's time to call time on the executive and the DUP's implementation of EU rule."He added: "It's time to call time on the executive and the DUP's implementation of EU rule."
What is the Stormont brake?What is the Stormont brake?
The framework is the special Brexit deal that applies to Northern Ireland and means it continues to follow some EU laws relating to goods.The framework is the special Brexit deal that applies to Northern Ireland and means it continues to follow some EU laws relating to goods.
The brake was designed to give Stormont's politicians a greater say before any amended EU rules could take effect in Northern Ireland.The brake was designed to give Stormont's politicians a greater say before any amended EU rules could take effect in Northern Ireland.
Entirely new rules are dealt with under a similar process known as an applicability motion.Entirely new rules are dealt with under a similar process known as an applicability motion.
The brake can only be used in the "most exceptional circumstances and as a matter of last resort".The brake can only be used in the "most exceptional circumstances and as a matter of last resort".
The mechanism also cannot be used for "trivial" reasons and those seeking it to be pulled must demonstrate that the rule being challenged is having a "significant" impact on everyday life in Northern Ireland. The mechanism also cannot be used for "trivial" reasons and those seeking for it to be pulled must demonstrate that the rule being challenged is having a "significant" impact on everyday life in Northern Ireland.
Analysis from BBC News NI Political Editor Enda McClafferty: What if the Stormont brake had been pulled?
It is another post-Brexit defeat for unionism only this time there is no rush to apply the brake on Stormont.
Statements from the DUP and Ulster Unionist party focus their anger at the secretary of state, but they stop short of threatening the institutions.
There is no desire anymore to escalate such a crisis and place power sharing in jeopardy.
Instead they will continue to challenge and test such mechanisms at every opportunity even if it means fighting battles they may loose.
What if the Stormont Brake had been pulled?
If the government had determined the conditions were met, it would have formally notified the EU and the changed law would not apply.If the government had determined the conditions were met, it would have formally notified the EU and the changed law would not apply.
There would then have been "intensive consultation" between the UK and EU.There would then have been "intensive consultation" between the UK and EU.
The Joint Committee - the UK-EU body responsible for overseeing the Brexit deal - would be required to discuss the rule in question.The Joint Committee - the UK-EU body responsible for overseeing the Brexit deal - would be required to discuss the rule in question.
Once those discussions concluded, the UK government could either send it back to the assembly for a cross-community vote or decide the rule should not apply in Northern Ireland.Once those discussions concluded, the UK government could either send it back to the assembly for a cross-community vote or decide the rule should not apply in Northern Ireland.
At that stage, the government could still avoid a Stormont vote if it assessed there were "exceptional circumstances" including an assessment that the rule would not create a new regulatory border between Great Britain and Northern Ireland.At that stage, the government could still avoid a Stormont vote if it assessed there were "exceptional circumstances" including an assessment that the rule would not create a new regulatory border between Great Britain and Northern Ireland.
If the UK decided not to adopt the rule, the EU could take "appropriate remedial measures", which could include measures to address the fact that NI goods may no long fully comply with EU law. If the UK decided not to adopt the rule, the EU could take "appropriate remedial measures", which could include measures to address the fact that Northern Ireland goods may no long fully comply with EU law.