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Commons Briefing paper by Leigh Gibson and John Curtis. It was first published on Sunday, 1 March 2026. It was last updated on Sunday, 1 March 2026.


Independent review of the Windsor Framework and the government’s response

In January 2025 the UK government commissioned Lord Murphy, a former Minister and Secretary of State for Northern Ireland, to undertake an independent review into the functioning of the Windsor Framework and published terms of reference for the review.

Democratic consent vote triggers independent review

The independent review is part of the democratic consent process provided for in the Protocol on Ireland/Northern Ireland (the precursor to the Windsor Framework). The first democratic consent vote took place in the Northern Ireland Assembly in December 2024. A majority of Assembly members voted to support the continued application of certain goods-related EU laws in Northern Ireland but, as all Unionist-designated members voted against, the vote did not achieve “cross-community support”. In these circumstances, the government is required by law to commission an independent review into the functioning of the Windsor Framework.

Commons Library research briefing, Windsor Framework: Democratic oversight and the independent review (June 2025) provides a detailed overview of the legal and political framework governing the independent review.

Independent review's recommendations

Lord Murphy presented his independent review to the Secretary of State for Northern Ireland, Hilary Benn MP, on 9 July 2025 and the government published his report on 4 September. Lord Murphy makes 16 recommendations which he believes can command cross-community support.

Seven recommendations concern the perceived “democratic deficit”. They are intended to help Northern Ireland “meaningfully influence the laws that apply to it” and “help bridge the gap between the [UK] government and Stormont”. The recommendations focus on improving the operation of the Assembly’s Windsor Framework Democratic Scrutiny Committee and the transparency of the democratic scrutiny mechanisms which are set out in Schedule 6B to the Northern Ireland Act 1998, as well as building capacity within the Northern Ireland Civil Service and strengthening the Northern Ireland Executive Office in Brussels.

Eight recommendations address the impact of the Windsor Framework on business and trade, focussing on simplified administrative processes for businesses and improved guidance to provide more regulatory clarity. Lord Murphy recommends streamlining access to information and guidance on EU laws applicable in Northern Ireland through an “all-in-one service” tailored to the needs of small and medium sized businesses, while also promoting the commercial benefits of dual market access (to Great Britain and the EU) and supporting efforts to strengthen trade within the UK’s internal market.   

Lord Murphy also includes a recommendation relating to Article 2 of the Windsor Framework which provides a framework for safeguarding human rights and equality in Northern Ireland in areas previously underpinned by EU law.

Government publishes response and accepts all recommendations

The UK government published its response to the independent review on 16 December 2025. In an accompanying press release, the Northern Ireland Secretary said the government had accepted all Lord Murphy’s recommendations.

Extending the time available to the Assembly’s Windsor Framework Democratic Scrutiny Committee to complete its scrutiny of EU laws that fall within its remit will necessitate changes to Schedule 6B to the Northern Ireland Act 1998. The government says it will make these changes “when parliamentary time allows”. It also says it will introduce a new “triage” process to identify Windsor Framework-related regulatory proposals earlier in the EU’s policy making cycle and improve capability across public authorities to provide the Committee with clearer information and analysis.

To improve support and guidance for business, the government intends to develop a “one stop shop” advice service which will be operational in financial year 2026-27 and establish a Northern Ireland Trade Resolution Centre to deal with more complex issues.     

Parliamentary debate on the independent review

The Safeguarding the Union Command Paper published by the then Conservative (Sunak) government in January 2024 included a commitment to make time available for Parliament to debate the report resulting from the independent review, in the expectation that the report would first be debated in the Northern Ireland Assembly. A debate on a private member’s motion on the Windsor Framework which referenced the independent review took place in the Assembly on 8 September 2025. In a statement issued one year after publication of the safeguarding the Union Command Paper, Mr Benn said the UK government would “continue to make progress in delivering Safeguarding the Union and taking forward the basis on which devolution was restored”. 

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Secondary information

Type
Research briefing
Reference
CBP-10520 
Related items
Subjects
Devolution Borders EU law Northern Ireland Northern Ireland Assembly Northern Ireland Protocol Windsor Framework UK relations with EU UK internal trade Independent Review of the Windsor Framework
Legislation
Northern Ireland Act 1998
Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024
Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020
Contains statistics
Yes
Published by
International Affairs and Defence Section
House of Commons Library
Link
View this Research briefing on researchbriefings.parliament.uk