25 Years on from the Good Friday Agreement: The Windsor Framework

by Ciara Murray, SF Law and Political Science

With the month of May marking the 25th Anniversary of the Good Friday Agreement, Northern Ireland remains in political upheaval The Agreement helped to bring an end to three decades of conflict but the complicated relations between Britain and Ireland have yet to cease. Britain's formal departure from the European Union in 2020 renewed Northern Ireland’s state of flux which Stormot has done little to alleviate. The Windsor Framework, consisting of an agreement between the United Kingdom and the European Union on Northern Ireland’s border, represented an opportunity to do so The new arrangement is being presented as ‘a new way forward’ which brings to mind connotations of the ‘new beginnings’ pledged by the Good Friday Agreement. Twenty-five years after the original agreement was ratified by both Northern Ireland and the United Kingdom, the future of their relationship has never been more uncertain.

Reflections on the Good Friday Agreement

The Good Friday Agreement (or "Belfast Agreement") of 1988 was drafted with the aim of reconciling sectarian divisions and putting an end to political violence in Northern Ireland It allowed for the functioning of two separate parliaments over Northern Ireland: Westminster and the devolved government of Stormont. Crucially, the Belfast Agreement operates under a provision that necessitates respect for the autonomy of Northern Ireland. Ever since the Brexit referendum in 2016, a threat has been posed to the cooperation that has developed between the two states Given that Northern Ireland voted to remain within the EU, the concept of a hard Brexit has created distinct adversity. It must be remembered that legal and political developments in this context carry emotional consequences. In the wake of the Covid-19 pandemic Belfast writer Adam McGibbon, commented on the high levels of PTSD present in Northern Ireland with a proven connection to the conflict and the future uncertainty of political affairs Northern Ireland has the highest documented cases of post-traumatic stress disorder in the world according to evidence from 2011 It is submitted that any change in the relations of Britain and Northern Ireland, altered by the Windsor Framework, should be completed with respect for Northern Irish identity. The physical border is innately categorised by differing citizenship. The Good Friday Agreement allowed people in Northern Ireland to hold Irish or British citizenship, or both. Brexit brought this to the fore, encouraging UK citizens to seek to gain EU passports 2016 marked a 27% increase in applications for Irish passports compared to 2015 Considering the intergenerational trauma caused by the Troubles and the recent complications of identity caused by Brexit, the drafting of the Windsor Framework ought to have centred around more than just the impact on businesses and the economy. beginnings’ pledged by the Good Friday Agreement.

The Windsor Framework

The Windsor Framework allows Northern Ireland to stay within the EU single market and customs union. The agreement involves the establishment of a green and red lane. Green lane goods are those sourced from the UK which are remaining in Northern Ireland resulting in minimal delays Goods continuing to the Republic of Ireland will be required to go through the red lane with the previous elongated checks The Windsor Framework includes a Stormont Brake provision which would allow Westminster to call the agreement to a temporary halt should one third of Stormont disagree with additional EU regulations that could threaten the economy. The UK government would be forced to agree to such an objection, but the likelihood of it passing in Stormont is rare This provision, it is submitted, is an adequate response to the devolved government which is integral to upholding the Belfast Agreement

‘A New Way Forward?’

The aftermath of Britain's exit from the EU has posed particular challenges for the island of Ireland. The Windsor Framework has arisen due to the dissatisfaction of Northern Ireland’s Democratic Unionist Party with the 2019 Protocol. The previous unresolved arrangement was economically objectifiable, involving checks on all goods entering and leaving the Northern island which created additional costs and endless bureaucracy. The Northern Ireland Protocol also posed political problems, causing the collapse of Stormont over a year ago. The Assembly of Northern Ireland is yet to recover, with the Protocol dominating the elections in October 2022. The last devolved government of Northern Ireland entered a state of collapse in 2017, and did not recover for a further 3 years The agreement was expected to act as a chance to end the political absence that has been normalised in Northern Ireland It is also being perceived by some as a concrete solution to the ongoing questions surrounding trade with Northern Ireland. But the people of Northern Ireland have largely been ignored in these negotiations The shortcomings of the Good Friday Agreement are yet to be addressed. It is noted that it did not provide support to victims domestic and sexual violence during the Troubles. Abortion cases prior to the 2018 referendum left women of Northern Ireland vulnerable. The UK government cast a blind eye to this using devolution as an excuse. The fear that the UK Parliament will prioritise their own political demands above the welfare of Northern Ireland is a legitimate one that needs to be reconciled with respect for the Good Friday Agreement

The Good Friday Agreement evidently emphasised the promotion of human rights. But it is obvious today that social justice issues outside of the Troubles were not considered. This is reflective of the values at the time, and the Agreement is indicative of this. Given that the Windsor Framework has been formally passed, it is argued that further issues of social justice need to be addressed and afforded the same attention as trade agreements One can only hope that the interests of the citizens of Northern Ireland are central to future considerations Only time will tell as to whether or not the people of Northern Ireland will finally see stability and certainty.