Boris Johnson’s plan does not say what happens if power-sharing is not restored in time

Boris Johnson has been told his new Brexit proposals show he “does not understand Northern Ireland” or the way the assembly in Stormont works.

Sylvia Hermon, the independent MP for North Down, accused the prime minister of “dancing to the tune” of the Democratic Unionist party while forgetting that the majority of voters in Northern Ireland backed remain in the EU referendum.

What is the concern about Stormont having a role?

Firstly there is an existential issue. The Northern Ireland assembly collapsed almost three years ago after a row between the DUP and Sinn Féin and remains suspended. Secondly, the Irish taoiseach, Leo Varadkar, has raised concerns that the proposals could give any party a veto on whether Northern Ireland remains in regulatory alignment with the EU after Brexit.

What happens if Stormont does not return?

The proposal requires Stormont to approve the special arrangements for Northern Ireland to remain aligned with the EU before the end of the transition period and every four years after that. But Johnson’s 17-page proposal does not detail what is envisaged if power-sharing is not restored in time.

Stephen Barclay, the Brexit secretary, told the BBC on Thursday that the decision on whether Northern Ireland would remain aligned to the EU rules would have to be taken next summer, six months before the end of the transition period.

The EU will not agree to a deal that is predicated on such a big ‘if’ and will want legally binding fallback mechanisms put in place before signing a new deal.

If Stormont gets up and running again, would there still be a problem?

Yes. Katy Hayward, a reader in sociology at Queen’s University in Belfast, who has written a paper on the principle of consent in Northern Ireland, said the problem flowed from the fact that the starting point of Johnson’s proposals were politics rather than consent.

“There is no detail in the proposal on how consent would work. The concern is that it is coming from an understanding that it is about the constitutional status of Northern Ireland and not about cross-community consent,” Hayward said. “The very question of asking whether Northern Ireland should remain aligned with the EU or revert back to Great Britain rules every four years doesn’t make any sense other than pander to some sort of time limit to a backstop.

“Everyone who knows Northern Ireland knows that that is a very divisive issue and effectively gives the DUP a veto as Sinn Féin will never vote to remain aligned to GB if given a choice of that or the EU,” she said.

Does the DUP have a veto because it is the largest party in Stormont?

No. No one party in the assembly has an overall majority. The DUP is the largest party by one.

Each of the 90 assembly members must declare they belong to one of three categories: unionist, nationalist or other. There are 40 unionists (28 DUP, 10 UUP, one Traditional Unionist Voice, one independent), 39 nationalists (27 Sinn Féin, 12 SDLP) and 11 other (eight Alliance, two Greens, one People Before Profit).

Why do critics say the DUP would be able to veto a Brexit decision?

Voting is normally on the basis of a simple majority. But it does not always apply. A “petition of concern” mechanism was introduced after the Good Friday agreement in 1998 to prevent discrimination by one community against another. The petition requires 30 signatures, and majority voting is then replaced by a requirement for cross-community consent. This effectively gives the bloc that raise the petition of concern a veto.

When has a petition of concern been used?

Since 1998, petitions of consent have been tabled 159 times. They have been used to block same-sex marriage, abortion law reform and even censure of politicians.

What would happen if the DUP did veto alignment with the EU?

This question is not answered in the proposals.

Are there any other issues?

Yes. Hayward said introducing a vote on a politically highly charged issue such as EU alignment every four years would be very destabilising. The structures of the assembly are already fragile and adding a further divisive dimension could unsettle the region further.