The Northern Irish Assembly has Formally Granted ‘Democratic consent’ to the Windsor Framework. What Does This Mean?

Summary

• The Windsor Framework places Northern Ireland in the EU’s customs territory and internal market for goods thus impacting the movement of goods from Great Britain into Northern Ireland.
• Continued application of key provisions of the controversial Windsor Framework has ‘democratic consent’ from members of the NI Assembly (MLAs) until at least 2030 after a vote in December 2024.
• The lack of a cross-community majority means the next ‘democratic consent’ vote will be in 2028.
• Implementation of recommendations from an Independent Review in 2025 and a closer UK-EU trade relationship may reduce some unionist opposition to the Windsor Framework.

A core principle of the 1998 Belfast (Good Friday) Agreement is that major decisions concerning Northern Ireland are taken on the basis of consent. This includes any change to its constitutional status and so the establishment of a united Ireland. For key decisions of the NI Assembly, ‘cross-community’ consent is required: majorities of self-designated ‘nationalists’ and self-designated ‘unionists’ need to vote in favour for a measure to be adopted. No consent was required, however, for the UK decision to withdraw from the EU.

What is the Windsor Framework?

However, consent does feature in the terms of the UK’s withdrawal, specifically the Protocol on Ireland/Northern Ireland, now generally referred to as the ‘Windsor Framework’. Article 18 requires that MLAs regularly give consent to the continued application of Articles 5-10. These primarily concern Northern Ireland’s regulatory alignment with the EU to allow for the free movement of goods on the island of Ireland and so the avoidance of a ‘hard border’. Consent is not required for other provisions, e.g. on the rights of individuals and continued North-South cooperation.

Consent can only be granted for a limited period. A simple majority of MLAs for consent, means a next vote is held after four years; if there is a ‘cross-community’ consent the vote is after eight years. If there is no consent, Articles 5-10 cease to apply after two years.

Article 18 gives the NI Assembly a decisive role in determining the future of the Windsor Framework. Unprecedentedly, it determines whether key terms of an international agreement concluded by a UK government continue to apply.

A first Democratic Consent vote

MLAs held their first ‘democratic consent’ vote on the heavily contested Windsor Framework on 10 December 2024. For most pro-remain MLAs, the debate provided an opportunity to blame Brexit and its supporters for the arrangements. Unionist contributions generally blamed the UK government for mishandling Brexit and imposing the Windsor Framework on Northern Ireland. Other unionist contributions stressed the disruptive effects of the Windsor Framework for the movement of goods from GB to Northern Ireland and decried the absence of a requirement for consent to be cross-community. No attention was given to the novelty of Article 18.

In the vote, 48 MLAs (57%) supported consent; 36 (43%) voted against. Those in favour were MLAs from Sinn Féin, Alliance, the SDLP and People before Profit. Opposing were MLAs from the DUP, UUP and TUV and one Independent. All ‘nationalist’ MLAs voting voted in favour, every ‘unionist’ MLA voted against.

Given the absence of a cross-community majority a further vote will therefore be held in 2028. Consent with a ‘cross-community’ majority would have meant a further vote in 2032.

Why has there been an ‘independent review’ of the Windsor Framework?

The absence of cross-community consent also meant the UK Government would now be establishing an ‘independent review’ of the operation of the Windsor Framework. This was not a requirement under Article 18 but followed from a unilateral UK Government commitment from 2019. It was soon announced that Lord Murphy of Torfaen, Secretary of State for Northern Ireland in 2002-05, would chair the review.

The review involved consultations with NI political parties, businesses, civil society groups and representative organizations with a view to ‘practical recommendations’ being made. The terms of reference stated that these would need to command cross-community support and ‘reflect the context that the Windsor Framework is an international commitment to which the Government has committed to implement in good faith’. This placed significant constraints on what could be recommended. Moreover, Lord Murphy had only limited time. The review had to be completed within six months.

What is The Murphy Report?

Lord Murphy’s report in September 2025 focused on how to ‘improve the effectiveness of democratic input’ into the operation of the Windsor Framework and how to ‘simplify and improve [its] practical workings’.

The report made 16 recommendations. They included supporting the engagement of the NI Assembly on the Windsor Framework and greater inclusion of stakeholders in the meetings of relevant UK-EU bodies as well as improving guidance and support for business and promoting the benefits of access to the GB and EU markets. The UK Government was also called on to ensure reliable supplies of veterinary medicines to and the continued availability of human medicines in Northern Ireland. A final recommendation was that due regard be given to the rights of individuals under the Windsor Framework in drafting legislation. The UK Government had six months to respond the report.

Political Reactions to the Murphy Report

DUP reaction to the Murphy Report was dismissive. The more moderate UUP generally welcomed the recommendations, as did the SDLP although both parties felt that the report could have gone further. Neither Sinn Fein nor Alliance offered any immediate substantive comment. In December 2024, the UK government announced that it accepted all the reports’ recommendations.

Conclusion

The NI Assembly has formally granted ‘democratic consent’ to the Windsor Framework. Implementation of recommendations from the Independent Review and a closer UK-EU relationship could address some core unionist grievances before a next vote in 2028. Yet given entrenched positions on the Windsor Framework, a repeat of the December 2024 debate and outcome cannot be ruled out.