What the criteria are for using the Stormont brake.

I encourage my hon. Friend to attend today’s debate, in this Chamber, on the regulations implementing this powerful democratic mechanism. In short, 30 Members of the Legislative Assembly from two political parties may use the brake if there is anything significantly different about a new rule, whether in its content or scope, and if its application will have a significant impact on everyday life that is liable to persist in Northern Ireland.

Even if a significant number of MLAs object to a proposal from the EU, the decision to veto it will still rest with the UK Government, and there will no doubt be an institutional reluctance to use the veto, as it would be met with retaliatory action from the EU. Given the likely impact on UK-EU relations and wider trade, it is surely very unlikely that the Stormont brake will ever be used, even if MLAs want it to be triggered.

With respect, my hon. Friend underestimates the power of this mechanism. The Government will be under a legal obligation to trigger the brake where the conditions under the Windsor framework are met. Compared with the Northern Ireland Protocol Bill, this is a significant advancement because the remedial measures he talks about, should the EU choose to take them, would be proportionate and would have to relate to NI-to-EU trade, whereas under the Northern Ireland Protocol Bill it would have been across the piece.

Nobody wants to use this mechanism for trivial reasons but, once it is triggered, the regulations set out that the Government must not agree a rule at the Joint Committee if there is not cross-community support for it in the Assembly or if it creates regulatory borders within the United Kingdom, unless there are exceptional circumstances such as Stormont not sitting or a foot and mouth disease outbreak, or something of that nature.

Does the Secretary of State agree that, rather than an emergency brake, this is more like a handbrake? A handbrake will stop, rather than slow, a moving car. The only brake on acceleration can come from the EU, which retains complete control over Northern Ireland and, by extension, over the will of this House, which it should not. That is both a tragedy and a travesty.

Essentially, if the Assembly says no to something, the presumption is that the Government would veto it. Without this measure, Northern Ireland would continue to have full and automatic dynamic alignment with EU goods rules, with the Northern Ireland Assembly having no say and no veto on the amendment or replacement of measures. The Stormont brake is a very good thing.