A bid by unionists to halt the application of EU regulations on certain goods sold in Northern Ireland has failed.
Secretary of State Hilary Benn declined to pull the so-called Stormont Brake primarily because matters relating to the labelling of chemical products was already devolved.
The British government is also aiming to closer align its regulations on the goods in question with the EU.
In December, 35 unionist MLAs signed a DUP motion calling for the brake to be triggered for the first time.
The mechanism was introduced as part of 2023’s Windsor Framework, when it was described as by the then Tory government as a “powerful new democratic safeguard”.
It was designed to provide the Assembly with a greater say before any new EU rules could take effect but can only be used in the “most exceptional circumstances and as a matter of last resort”.
But having assessed the arguments for applying the brake, Mr Benn concluded that the proposed changes to chemical labelling, which relate to the grading of hazard threats, do not meet the required criteria.
The legislation states that the brake may be applied when any changes “would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist.”
The secretary of state outlined his reasons for declining to apply the brake in a letter to the speaker of the assembly on Monday afternoon.
In his letter to Edwin Poots, Mr Benn said there was “existing divergence” between the north’s devolved labelling regime and Britain’s, though these had never been raised previously as “creating difficulties”.
He said in evidence gathered by the Stormont’s Windsor Framework Democratic Scrutiny Committee there were no examples of specific products that may no longer be available in the north or “of how this might affect the everyday life of communities”.
The secretary of state said the Labour government was committed to reducing trading barriers between the UK and EU, and that it aimed to apply a consistent chemical labelling regime across the UK.
But DUP leader Gavin Robinson described the British government’s decision not to apply the brake as a “grave mistake”.
He claimed Mr Benn had ignored the evidence from industry, which he said warned of “harmful consequences” from the regulation change.
“We note the decision of the government to now run a consultation on chemical trade flows and its so-called commitment to no new barriers to trade relating to this. The question is, why did they not do so before this process had to be invoked?” the East Belfast MP said.
Ulster Unionist Steve Aiken said Mr Benn’s decision “fundamentally undermines” safeguards that are supposed to protect the people of Northern Ireland.
He described Stormont’s Democratic Scrutiny Committee as a “party political tool” of Sinn Féin and Alliance, and that together with the rejection of the Stormont Brake, meant “the so-called protection from divergent EU rules is a sham”.
TUV leader Jim Allister said the decision was a “calculated slap in the face of all democrats” and a “moment of truth for the DUP”, which had secured the mechanism as a concession ahead of the restoration of the institutions.
“Having enthroned Sinn Féin as first minister on these false pretences, how can the DUP continue in the executive now that the Stormont Brake has been shown to be useless,” the North Antrim MP said.
Opposition leader Matthew O’Toole MLA said that rather than debate around the Stormont Brake, the British government needed to engage with the EU “around a permanent solution that recognises Northern Ireland’s unique position and allows us to make the most of dual market access”.
