Windsor Framework: What role will EU rules continue to play in Northern Ireland?
Forget the politics. The plaudits. The tiny number of entries on the rebellion spreadsheets. The cries that Brexit is over. Forget the reports saying it’s been Rishi Sunak’s best day since becoming prime minister.
Arguably what matters much more is the massive further constitutional and political change set to be enacted within our borders – largely affecting Northern Ireland. Just how big a deal is this really?
The PM announced a deal on Monday that will change Northern Ireland’s place within the EU’s single market by eradicating some EU-imposed checks that had to be carried out on goods heading west over the Irish sea.
Sunak ‘over the moon’ with deal – as he tours Northern Ireland – politics latest
However, this deal will not end EU law in Northern Ireland nor the ultimate oversight of EU judges in limited circumstances – something which Rishi Sunak has been candid about, but nevertheless places that nation on a different course from the rest of the UK.
And far from playing down the differences across the Union of the United Kingdom, Rishi Sunak has been selling Northern Ireland’s special status and different constitutional arrangements very hard – telling everyone it is an advantage.
In Belfast, the PM described it as an “unbelievably special position” and a “unique position in the entire world” because Northern Ireland retains “privileged access” to “the European Union single market.”
Mr Sunak makes it sound so good that some people on the British mainland might start getting jealous – perhaps an odd stance coming from a Brexiteer who purported to want to leave the single market.
There is no question Sunak has negotiated an ambitious deal out of reach of his predecessors. But just how much EU law is left, and could Northern Ireland still look very different to the rest of the UK in 20 years?
British Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen shake hands. Dan Kitwood/Pool via REUTERS
No more new EU laws?
The most remarkable part of the negotiation is the “veto” on new EU single market laws which will apply in Northern Ireland. This has attracted plaudits from Brexiteers and unionists.
However, it is unclear how often it will be applied. Might it be in practice that only a handful of new EU laws are blocked this way, and the vast majority are still implemented? Early signs suggest this is the case, rather than it being used as a wholesale blocking mechanism.
The EU briefing paper on the Commission website says of the new veto: “This mechanism would be triggered under the most exceptional circumstances and as a matter of last resort”, making clear there is no expectation that it should be used regularly.
The details set out in the UK paper also make this obvious. Firstly, the entire mechanism requires the Stormont assembly to be back up and running to work, which – as things stand – still seems unlikely.
It can only be used on “non-trivial” issues, with the UK government, not Northern Irish politicians, determining what is “trivial”.
Read more:
Five key sections of the new post-Brexit deal
What are the DUP’s seven tests?
Beth Rigby analysis: New UK-EU deal might not be the slam dunk PM is hoping for
It requires 30 members of two parties in the Assembly to agree for the “brake” to be triggered.
The UK government must be minded to agree too, aware of the diplomatic wrangling and blowback it will cause and often having different policy goals. EU trade deals cannot be subject to a veto, or measures to prevent fraud.
And it must be proved in writing that the veto is being used as a last resort, with other measures – like the whole of the UK implementing the EU rule – having to be considered first.
Finally, if Northern Ireland does use its veto, it can be punished by the EU by imposing other sanctions.
The UK document says: “It is important to note that the permanent disapplication of the rules would mean divergence between Northern Ireland and Ireland (and the broader EU), and thus it would be a matter for the EU how to deal with the consequent impact on their market. Recognising this, the EU will have the ability to take ‘appropriate remedial measures’.”
As a consequence, none of this makes it sound like the veto at the heart of the deal will be in regular use: is it really a lever to look at and admire rather than pull?
What happens to existing single market goods laws?
They remain in place for firms in Northern Ireland. The documentation makes clear that as part of this process, the EU will now be “disapplying over 1,700 pages of EU law in the process, and the ECJ oversight which comes with it”.
However, the law being disapplied is not EU law in force in Northern Ireland, but instead the EU rules on trade introduced as part of Boris Johnson’s Brexit deal introducing checks on goods from Great Britain to Northern Ireland.
Or, in the words of the UK government document: “disapplication (is) of core parts of the EU customs code and SPS rules for internal UK trade”. This new policy – green lanes with almost no checks for GB goods going to Northern Ireland – is a big win, but the EU can remove it at any time if they are unhappy with its operation.
Sunak welcomes Ursula von der Leyen to Windsor to discuss the Northern Ireland talks. Pic: Simon Walker / No 10 Downing Street
Has the UK got complete control of VAT and subsidy policy?
The headline is simple enough – that Westminster has taken back control from Brussels of the ability to set certain tax rates and determine state aid levels for business, something which bothered Rishi Sunak back when he was chancellor.
The reality is, of course, less straightforward. In practice, Westminster has much more freedom than it did – but it is not sovereign in these areas in the way Brexiteers would like. Rather than blanket changes, the EU has granted specific exemptions on VAT – for instance, the UK can apply reduced VAT rates on goods such as heat pumps supplied and installed in properties and does not need to apply the special EU VAT scheme for small enterprises in Northern Ireland provided the business turnover is not bigger than an EU-wide set level.
Please use Chrome browser for a more accessible video player
Sky’s political correspondent Rob Powell explains what this new Brexit deal means, and what happens next.
However, the EU and UK have only agreed to “explore establishing” a list of goods not being at risk of entering the EU which would not be subject to EU VAT rules. And while alcohol taxes will in future be levied in Northern Ireland by strength, the same way they are in the rest of Britain, “the UK will not be able to apply any duty rate below the EU minima.”
These are all limits that Northern Ireland politicians will have to put up with for generations to come. On state aid, a new declaration clarifies and narrows the scope of what Brussels can determine on state aid but, according to the EU Commission document, it is still the case “Article 10(1) of the Protocol makes EU State aid rules applicable in Northern Ireland.”
Please use Chrome browser for a more accessible video player
The prime minister champions the new Brexit deal
What happens in the future?
All MPs are, understandably, evaluating the new Windsor Framework on the basis of what it means for the politics of today and the next election. But what about 20 years time?
In particular, what if Britain wants to take bolder advantage of its Brexit freedoms? Here the UK document is fascinatingly mercurial. It says it understands the EU has made compromises in protecting the EU single market and adds that the UK government moving away from EU standards remains a possibility.
“Inherent in this new way forward is the prospect of significant divergence between the two distinct economies on the island of Ireland – from food and drink to plants and pets, building on the existing differences in every area of economic and political life such as services, migration, currency and taxation.”
The answer to that prospect of divergence is potentially more intense monitoring of goods moving between Northern Ireland and the Republic.
“This will require increased market surveillance North-South in some instances to ensure that there is no abuse of these arrangements to move goods across the international border from Northern Ireland into Ireland, and new requirements on Ireland and other EU Member States to ensure that sensitive products such as food are not moved illegally across that international border.”
It is not, however, clear what that “market surveillance” will amount to.
Sunak has solved many of today’s problems left behind by Boris Johnson’s Brexit deal in Northern Ireland. However, nobody can say what this week’s deal means for the constitutional, political economic status of Northern Ireland in 20 years time – that can only be guesswork.
World
CCTV footage reveals shocking moment 80-year-old is shot in IDF raid as UN expert says it could be ‘war crime’
On 19 December, 80-year-old Palestinian grandmother Halima Abu Leil was shot in an Israel Defence Forces (IDF) raid on her neighbourhood in Balata refugee camp in Nablus, West Bank.
Two days later, Halima’s children told Sky News their mother was shot six times by Israeli special forces on her way to buy groceries. She died soon after.
Warning this piece includes an image from CCTV of the moment Halima Abu Leil was shot.
“They could see she is an elderly lady but they shot her six times – in her leg, in her chest. When she was first shot in her legs, she knelt on the ground,” her daughter said.
Halima’s daughter
Newly released grainy CCTV footage shows the moment she was shot and reveals that a van marked as an ambulance was used during the surprise IDF raid.
Halima Abu Leil’s family want the footage to be seen.
Sky News’ Data & Forensics unit has analysed the CCTV and geolocated the street where the video was filmed. It is the exact location Halima’s son told us she “fell to her knees” as she was shot.
READ MORE: Grandmother shot six times by IDF during raid, son says
In the video, we see Halima turn into the street.
Three men are also walking down the street. There is no visible contact between them and Halima. Based on our analysis of their silhouettes, the figure in the middle appears to be holding a weapon. They are likely to be neighbourhood militants.
The three men veer to the right, moving into a sunny area. One takes a seat on some stairs, while the other two stand. They join someone sitting there already.
A few yards away, Halima stops in the middle of the street to speak to another woman with a shopping trolley.
An ambulance pulls into vision, separating the two women, and drives slowly down the street. A white van pulls in behind the medical vehicle.
A few moments later, the passenger door of the white van opens and a faint cloud of smoke is visible, suggesting that a gunshot is fired.
This is the moment Halima falls to her knees.
The men, some of them armed, scatter to the right and left into alleyways along with other people in the street.
A detailed analysis of the footage suggests that visible clouds of smoke on the walls are the result of multiple shots. The footage and imagery we gathered from the site of the killing shows bullet holes in the building next to where Halima was standing.
The exact location Halima Abu Leil was shot in Balata Refugee Camp
The woman she was speaking to moments earlier takes cover in a doorway.
At the same time, figures who appear to be Israeli military forces exit the ambulance in the foreground. They are equipped with helmets, backpacks, rifles, and other gear.
Armed figures can also be seen leaving the white van in the background. They are seen aiming their weapons down the street.
Halima appears to get hit again and collapses to the floor. The men likely to be neighbourhood militants are not visibly present in the street when this happens.
At the time of our previous report, the IDF said they had conducted “counterterrorism activity” in Balata camp the morning Halima was killed.
We approached the IDF about the CCTV footage and the use of a medical vehicle to conduct their operation.
This was its response: “The IDF is committed to and operates in accordance with international law. The mentioned incident is under review. The review will examine the use of the vehicle shown in the video and the claims of harm to uninvolved individuals during the exchange of fire between the terrorists and our forces.”
The use of a marked medical vehicle for a security operation could be a contravention of the Geneva Convention and a war crime – as well as Halima’s killing.
The United Nations Special Rapporteur on occupied Palestinian territory Francesca Albanese watched the CCTV video and told Sky News she was shocked but not surprised.
She says: “When I look at the footage, what emerges prima facie is that there were no precautions taken – within these operations whose legality is debatable – to avoid or spare civilian life. No principle of proportionality because there was wildfire directed at the identified target and ultimately no respect for the principle of distinction.
“So this was a murder in cold blood and could be a war crime as an extrajudicial killing.”
According to the United Nations Office of Human Rights in occupied Palestinian territory (OHCHR oPt), Israeli security forces and settlers have killed at least 813 mostly unarmed Palestinians, including 15 women and 177 children, since 7 October 2023.
In a statement to Sky News regarding Halima’s killing, the OHCHR oPT said: “Any deliberate killing by Israeli security forces of Palestinians in the Occupied West Bank who do not pose an imminent threat to life is unlawful under international human rights law and a war crime in the context of Israel’s occupation of the Palestinian Territory.
“This incident must be investigated independently, effectively, thoroughly, and transparently. If there is evidence of violations of the applicable law enforcement standards, those responsible must be held to account.”
Sophie Alexander, international affairs producer, and Michelle Inez Simon, visual investigations producer, contributed reporting.
The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.
Donald Trump’s Middle East envoy has met Israel’s prime minister in an effort to secure a ceasefire deal in Gaza before the president-elect takes office on 20 January.
Benjamin Netanyahu’s office confirmed details of the meeting with Steve Witkoff on Saturday, adding that the head of the Israeli Mossad intelligence agency has been deployed to Qatar in order to “advance” talks.
It was not immediately clear when David Barnea would travel to Doha for the latest round of indirect discussions between Israel and Hamas.
Earlier on Saturday, an Israeli official said some progress had been made, mediated by Egypt, Qatar and the United States, to reach a deal in Gaza.
Ronen Bar (left), director of Israel’s security agency, and David Barnea (right), head of Mossad, at a ceremony marking the 7 October Hamas attack. File pic: Reuters
The mediators are making renewed efforts to halt fighting in Gaza and free the remaining Israeli hostages held there before Mr Trump takes office.
A deal would also involve the release of some Palestinian prisoners held in Israeli jails.
Families of Israeli hostages welcomed Mr Netanyahu’s decision to dispatch the officials, with the Hostages and Missing Families Forum Headquarters describing it as a “historic opportunity”.
Mr Witkoff arrived in Doha on Friday and met the Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Al Thani, Qatar’s foreign ministry said.
Egyptian and Qatari mediators received reassurances from Mr Witkoff that the US would continue to work towards a fair deal to end the war soon, Egyptian security sources said, though no further details were released.
Read more from Sky News:
Why does Donald Trump want Greenland?
Trump says Vladimir Putin wants to meet
A guide to Donald Trump’s inauguration
Israel launched its assault on Gaza after Hamas fighters stormed across its borders in October 2023, killing 1,200 people and taking more than 250 hostages, according to Israeli figures.
Families of the roughly 100 hostages still held in Gaza are pressing Mr Netanyahu to reach a deal to bring their loved ones home.
Since then, more than 46,000 people have been killed in Gaza, according to Palestinian health officials, with much of the area destroyed and gripped by a humanitarian crisis, with most of its population displaced.
Pope Francis has been honoured with America’s highest civilian award by President Joe Biden, who has described the pontiff as “a light of faith, hope, and love that shines brightly across the world”.
It is the first time Mr Biden, 82, has given the Presidential Medal of Freedom with Distinction during his four years in office.
In a statement, the White House said the award is “presented to individuals who have made exemplary contributions to the prosperity, values, or security of the United States, world peace, or other significant societal, public or private endeavours”.
Mr Biden had been scheduled to present the medal to Pope Francis, 88, in person on Saturday in Rome on what was to be the final overseas trip of his presidency. But the president cancelled his visit to monitor the California wildfires.
The White House said Mr Biden bestowed the award during a phone call in which they also discussed efforts to promote peace and alleviate suffering around the world.
President Joe Biden presented Bono with the Presidential Medal of Freedom. Pic: AP
Denzel Washington was also recognised. Pic: AP
Michael J Fox was bestowed with the honour. Pic: AP
The award can be presented with or without distinction.
Mr Biden presented the medal of freedom – without distinction – on 5 January to several people including fellow Democrat Hillary Clinton, humanitarian and U2 singer Bono, fashion designer Ralph Lauren and actors Michael J Fox and Denzel Washington.
Please use Chrome browser for a more accessible video player
‘I could have beaten Trump’
Read more from Sky News:
Gay men can become priests
Search widened for missing sisters
Carrie Johnson left ‘struggling to breathe’
Mr Biden himself is a recipient of the award with distinction, recognised when he was vice president by then president Barack Obama in a surprise ceremony eight years ago.
Barack Obama presented Joe Biden with the Presidential Medal of Freedom with Distinction in 2017. File pic: AP
The citation for the pope’s honour said his “mission of serving the poor has never ceased”.
“A loving pastor, he joyfully answers children’s questions about God. A challenging teacher, he commands us to fight for peace and protect the planet. A welcoming leader, he reaches out to different faiths,” it added.
-
Sports2 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports9 months agoStory injured on diving stop, exits Red Sox game
-
Sports1 year agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports3 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business2 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway