Publications

ECNI/NIHRC Submission to the Northen Ireland Affairs Committee inquiry into the operation of the Windsor Framework in Northern Ireland

Summary of Recommendations

UK Government's commitment to Windsor Framework Article 2

The Commissions recommend that the Committee seeks clarification from the Secretary of State for NI as to why the Commissions did not receive a response to their 2022/23 Annual Report on the Implementation of WF Article 2, and on the proposed timeline for a response to the Commissions’ 2023/24 Annual Report.

Interpretation of WF Article 2 by higher courts in NI

The Commissions recommend that the Northern Ireland Office, the Cabinet Office and other relevant departments act promptly to ensure that judgments of the Northern Ireland higher courts on WF Article 2 are reflected in the development and scrutiny of policy and legislation, unless or until there is a contrary ruling.

Early consideration of WF Article 2

The Commissions recommend that the Committee seeks clarification from the Cabinet Office as to whether its Guide to Making Legislation has been updated to include guidance on the approach to considering and ensuring WF Article 2 compliance, and when this Guide will be published.

The Commissions recommend that UK Government and NI departments:

• roll out effective training on WF Article 2 to all relevant officials, and act promptly to ensure UK and NI government guidance on policy and legislative development is updated to include consideration of Article 2.
• ensure that Explanatory Memoranda /notes and Human Rights Memoranda/impact assessments on Bills and draft statutory instruments that may engage Article 2 set out detailed consideration of compliance.

Aligned to the above recommendations, the Commissions recommend that the Committee seeks clarification from the Secretary of State for Northern Ireland and from The Executive Office on what further steps will be taken to embed consideration of WF Article 2 compliance into processes and procedures across Whitehall and the NI Civil Service, including the timeline for doing so.

Parliamentary scrutiny

The Commissions recommend that the Committee considers if there are sufficient mechanisms in place to ensure effective Parliamentary scrutiny in terms of WF Article 2 compliance by the UKG, particularly in the absence of the European Scrutiny Committee.

Dynamic alignment commitment

Pursuant to the UK Government’s obligations under the Windsor Framework, the Commissions recommend that the UKG, the NI Executive, The Executive Office and other relevant NI Departments, ensure that:

• the relevant provisions of the EU Directives on Standards for Equality Bodies are implemented in NI law by 19 June 2026;
• the relevant provisions of the EU Pay Transparency Directive are implemented in NI law by 7 June 2026.

WF Article 2 stakeholder engagement

The Commissions recommend that:

• the UK Government and EU Commission keep them informed of any future EU equality law developments relevant to the Annex 1 equality directives, including via the Joint Consultative Working Group, and provide them with the opportunity to highlight in advance any implications of those changes for equality law in NI.
• the secretariat of the Joint/ Specialised Committee establishes a formal communication channel with the Commissions, to ensure early engagement on anticipated changes or additions to legislation on matters relating to equality and human rights in NI, including WF Article 2.
• the UK Government takes additional steps to ensure timely, regular, targeted, and structured engagement with equality and human rights groups in NI, including on matters relating to WF Article 2. This engagement should include with those working on rights and equality on a cross-border basis.

WF Article 2 compliance in the absence of NI Assembly

The Commissions recommend that:

• the UK Government undertakes a review of legislative safeguards in place to ensure compliance with WF Article 2 should the NI Executive or Assembly fail to act as required.
• a Memorandum of Understanding is established between the UK Government and NI Executive explaining how they will engage on compliance and voluntary alignment issues between NI and EU law relevant to WF Article 2.

North/South divergence of rights

The Commissions recommend that:

• the UK Government, Irish Government, and NI Executive work to enhance and harmonise equality and human rights protections on the island of Ireland, aligned to their respective remits, and make a clear commitment to working towards ensuring North-South equivalence of rights on the island of Ireland so as to strengthen protections and reflect international human rights standards.
• the UK Government and EU undertake regular reviews of new EU laws relating to equality and human rights to identify new measures to be considered for addition to the Annex 1 equality directives, as provided for under Article 13(4), with particular consideration being given to alignment of standards across the two jurisdictions on the island of Ireland.

Stormont Brake and applicability motion procedures

The Commissions recommend that:

• the Committee reviews the timelines in which the WFDS Committee can conduct inquiries, in light of concerns that there is insufficient time to respond to inquiries.

• the WFDS Committee undertakes meaningful and timely engagement with equality and human rights groups in NI and the Commissions in relation to a proposed EU measure, or a replacement EU act, so as to seek their views on the implications for the promotion and protection of equality and human rights in NI.
• equality and human rights considerations are built into all key stages of the Stormont Brake mechanism, including inquiries by the Windsor Framework Democratic Scrutiny (WFDS) Committee.