Independent review of the Windsor Framework

Leigh Gibson

On 4 September 2025 the UK government published Lord Murphy’s Independent Review of the Windsor Framework. This Insight explains why the review was necessary, what the review has recommended, political reaction to it and what will happen next.

Why is an independent review needed?

The Secretary of State for Northern Ireland, Hilary Benn MP, commissioned the review on 9 January 2025. It followed the first democratic consent vote in the Northern Ireland Assembly in December 2024 in which a majority voted to support the continued application of certain EU laws in Northern Ireland under the Windsor Framework (formerly known as the Northern Ireland Protocol). The application of these laws is intended to avoid a “hard” customs and regulatory border on the island of Ireland after Brexit. As all Unionist-designated members of the Assembly voted against, the vote did not achieve “cross-community support”. In these circumstances, the Northern Ireland Secretary is required by law to commission an independent review to consider the functioning of the Windsor Framework and how it affects social, economic and political life in Northern Ireland.

What are its terms of reference?

The Northern Ireland Secretary appointed Lord Murphy of Torfaen, a former Secretary of State for Northern Ireland, to lead the review and published terms of reference in January 2025. These tasked Lord Murphy with examining “issues required to be addressed for the Windsor Framework arrangements to command cross-community support”. He was asked to make “practical recommendations” without, however, revisiting the fundamentals of the Windsor Framework itself, an international commitment which the government says it is bound to implement in good faith. As Lord Murphy’s review notes, “this is not straightforward” given the “considerable divide between unionism and nationalism/non-affiliated citizens over the Framework”.

Lord Murphy’s approach to the review

Lord Murphy highlights “parity of esteem” as the principle guiding his review, rooted in the commitment made in the 1998 Belfast/Good Friday Agreement to govern “with rigorous impartiality” on behalf of all the people of Northern Ireland and to ensure “just and equal treatment for the identity, ethos and aspirations” of the two main communities.

Lord Murphy notes that Northern Ireland’s devolved institutions were not operational when post-Brexit arrangements were being negotiated, resulting in an “imposed” solution which lacked “crucial buy-in” from both communities. A key aim of his review is to “obtain consensus on improvements to the current arrangements” and to “build cross-community support for the overall settlement”. The review identifies two key challenges: “the so-called democratic deficit” and the impact of the Windsor Framework on businesses. In formulating his recommendations, Lord Murphy says he has focussed on “what is achievable, proportionate, and grounded in the political and legal realities of Northern Ireland after Brexit”.

Tackling the democratic deficit

Northern Ireland is bound by EU laws in areas covered by the Windsor Framework but does not take part in the EU law-making process. Lord Murphy views the Assembly’s Windsor Framework Democratic Scrutiny Committee as a crucial player in addressing this democratic deficit. It is responsible for scrutinising many (though not all) of the EU laws that will apply under the Framework. He recognises that its work has sometimes been hampered by a lack of relevant and timely information from Northern Ireland government departments, especially in “reserved” policy areas which are not devolved and where input and analysis is needed from the UK Government.

The Committee suggested that “direct engagement and occasional remote attendance of officials from the British government” might be a possible solution, but this is not included in Lord Murphy’s recommendations. Instead, he calls for more co-ordination between Whitehall and Belfast and “additional capacity and support” for the Northern Ireland civil service so it can provide the advice the Committee needs, even in reserved policy areas. He says the Committee should have additional expert staff and a longer time (10 rather than five working days) to decide whether to hold an inquiry into EU laws which are subject to the Stormont Brake.

More broadly, Lord Murphy acknowledges “considerable doubt” that existing mechanisms to block the application of EU laws in Northern Ireland, such as the Stormont Brake and “applicability motions” in the Assembly, are effective. He says the UK Government should be more transparent about how these mechanisms operate and the impact of EU laws in Northern Ireland, as well as the work of joint EU/UK bodies overseeing the Windsor Framework. He suggests that sending more Northern Ireland civil servants to the Northern Ireland Executive’s Brussels office would give Northern Ireland “more influence and say” over EU law.

Burdens on business

Many businesses, especially small and medium-sized companies, reported that they had struggled to keep pace with changes to EU laws and to access relevant guidance and support provided by the UK Government. Lord Murphy says his recommendations are intended to simplify administrative processes and improve regulatory clarity through a single “all-in-one service” bringing together all Windsor Framework-related guidance. He calls for “a more responsive relationship” between the UK government and businesses to reduce trade friction as well as close engagement to realise the potential benefits for Northern Ireland of the recent EU/UK reset. This includes a new UK/EU sanitary and phytosanitary agreement which is expected to remove checks on food and plants moving from Great Britain to Northern Ireland. Lord Murphy also says the UK Government and Northern Ireland Executive should do more to publicise “dual market access” as a key benefit of the Windsor Framework for businesses in Northern Ireland.

Other concerns

Lord Murphy touches on some other provisions of the Windsor Framework raised during the review which he says are important to ensure “the broadest possible support for post-Brexit arrangements in Northern Ireland”. They include Articles 2 and 11 which provide a framework for protecting human rights and equality in Northern Ireland and maintaining North/South cooperation on the island of Ireland. He recommends that the UK Government and Northern Ireland Executive both have “due regard” to rights protections under Article 2 of the Framework when monitoring EU law and drafting their own laws.

Political reaction

Reaction to the review among Unionist parties has been mixed. The Democratic Unionist Party (DUP) said the review was “a total failure” while the Traditional Unionist Voice (TUV) described it as “a whitewash”. The Ulster Unionist Party (UUP) considered the review had not gone “far enough”, but that Lord Murphy’s recommendations should be implemented. Nationalist and other parties have pointed to “some sensible, practical suggestions” in the review and said the challenges highlighted in it were “an outworking of the post-Brexit reality.

Next steps

The UK Government must discuss the findings of the review in the EU/UK Joint Committee which oversees the Windsor Framework and publish its response to Lord Murphy’s recommendations by 10 January 2026. The government says it remains “fully committed to securing the broadest possible confidence of communities in Northern Ireland in the trading arrangements” that apply under the Framework.