We have today launched a briefing on the Safeguarding the Union package. This provides a civil society perspective on its contents and its implications for human rights and equality protections under the Windsor Framework.

The Safeguarding the Union package consists of a Command Paper and three Statutory Instruments and is the product of negotiations between the UK Government and the Democratic Unionist Party. It operates within the Windsor Framework, affecting its domestic implementation and operation with implications for the rights and equality protections contained therein.

The briefing evaluates the compatibility of the Safeguarding the Union package with existing commitments under the Windsor Framework, particularly in relation to Article 2 of the Protocol which concerns the non-diminution of rights and ongoing application of some EU law.

This briefing builds on our previous analyses and aims to provide an initial overview of the potential implications of Safeguarding the Union for human rights and equalities, particularly in the context of the restored Northern Ireland institutions.

Key insights in the briefing include:

• The human rights and equality provisions in the Windsor Framework have not been strengthened or expanded by the Safeguarding the Union agreement and are under threat from the UK Government;
• The potential conflicts between the UK Government’s Article 2 commitments and its legislative agenda could undermine the commitment to the non-diminution of rights and politicise these protections;
• The prospect of further divergence between Northern Ireland and Ireland as well as between the UK and the EU in the absence of common regulatory frameworks is heightened by this package; and
• Human rights and equality concerns must be embedded in the scrutiny of legislation in the newly restored Assembly and placed at the heart of policymaking in Northern Ireland, including by the UK Government and European Union.

The full briefing is accessible below and contains our detailed thoughts on the Safeguarding the Union package. If you would like further information, please contact us to schedule a further briefing on these issues.