Member

Article 2 of the Windsor Framework ensures that there is no diminution of rights, safeguards or equality of opportunity in Northern Ireland as a result of the UK leaving the European Union. The Government are firmly committed to those human rights and equalities provisions but felt that Article 2 had been interpreted too broadly by the lower courts. The Supreme Court’s judgment has provided important clarity on this question and confirmed the Government’s long-standing position that the rights protected by Article 2 of the Windsor Framework are those concerned with ending the sectarian conflict in Northern Ireland. While reaffirming the Government’s position on this matter, the Supreme Court found that the relevant provisions of the legacy Act should not have been disapplied by Article 2 of the Windsor framework. The purpose of bringing the appeal was to obtain clarity on how Article 2 should be interpreted in the future, not to defend immunity.