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A majority vote would see the arrangements set out in the new deal continue for a period of eight years. Shutterstock/I'm friday

Explainer: Here's how the consent vote in the North will work

How and when will elected reps get to cast their vote and why is it a thorny issue for the DUP?

IT’S BEEN A big day for Brexit, with a deal finally being agreed by both UK and EU sides today. 

While many are still urging caution, with the deal yet to get Westminster approval, there are a number of changes to this agreement compared to the one former UK Prime Minister Theresa May got over the line.

Northern Ireland will remain aligned to a set of EU rules under this deal.

On the issue of customs, there will still be a customs and regulatory border on the Irish sea. British authorities can apply tariffs to goods entering the UK , as long as goods entering Northern Ireland are not at risk of crossing the border and entering the single market. 

If goods are going to enter the single market by travelling across the border from the North across the border into Ireland, EU tariffs will be applied. 

The role of Stormont in deciding Northern Ireland’s regulations, one of the sticking points for the DUP, was described by the EU’s chief negotiator Michel Barnier as a “cornerstone of the newly agreed approach”. 

Why was consent a sticking point?

Both the Taoiseach and Tánaiste had concerns about proposals tabled by UK Prime Minister Boris Johnson, namely the suggestion of letting Stormont decide whether to opt in to the proposed all-island regulatory zone post-Brexit.

Stormont voting mechanisms allow a bloc of either unionist or nationalist Assembly members to block a decision, even if the majority vote for it.

Simon Coveney said that a minority cannot have a veto in such matters, though DUP leader Arlene Foster said the proposals would ensure that Northern Ireland could not be “trapped at the whim of Dublin or the EU”.

Today, Leo Varadkar said this new deal will ensure that only with the consent of the elected representatives of Northern Ireland will this arrangement continue into the future.

So, how does this consent issue work?

If the deal is passed by Westminster on Saturday, the UK will leave the EU, as scheduled on 31 October. 

At that point, the transition period will kick in, and will last until December 2020. There is an option for an additional extension of one to two years.

The UK Prime Minister Boris Johnson has said he will not seek one, but if he were to change his mind, he would have to seek one by the 31 July 2020.

But working on the assumption that no extension is needed, these new consent rules would be in place for four years from the end of the Brexit transition period of December 2020.

So when will the first vote take place?

From the period of October and December 2024, the first vote will held.

How does the vote work?

Elected members of the Northern Ireland Assembly will be asked to vote on whether they want the arrangements to continue or whether they want to leave the arrangements behind.

This is not a vote that falls under the strict definitions of the Good Friday Agreement, because it is actually an international agreement, and therefore is a matter for the UK government. The distinction here is this voting mechanism is not a devolved matter for Northern Ireland alone.

The vote works whereby if a simple majority of MLAs present for the vote decide to continue with the arrangements (say 48 to 51 votes) then the arrangements will continue for another four years.

However, if a majority of elected MLAs present for the vote (60% or more) decide to continue with the arrangements, then they will continue for a period of eight years before another vote is held.

This is known as a “cross community” agreement which will give an extended period of certainty in the North.

How many votes are held every four or eight years?

There is just one vote held each time. Those voting in Stormont declare if they are in the nationalist, unionist or other bloc. By looking at the result of this one vote, it can be determined whether there has been a majority / cross-community approval or whether there has been a simple majority. 

What if the Assembly votes to opt out of the arrangement?

The deal provides for a two-year cooling off period after that decision is taken. An EU-UK joint committee is then set up and will be tasked with ensuring the terms of the Good Friday Agreement are protected. 

But Stormont hasn’t sat since early 2017 – what happens if it is still shut down when a vote is due to take place?

If Stormont gets up and running only to collapse again when a vote is due to be held, the current deal sets out that the same procedure will take place, regardless.

A vote would take place outside the normal structures of Stormont. The Assembly, made up of MLAs, would still be elected representatives, and therefore can have their say.

Everyone seems to be on board but the DUP, why?

Unlike arrangements under the Good Friday Agreement, there will be no option for a veto, as there usually would be in these types of votes in Stormont.

The DUP believes the new arrangements will become the settled position in Northern Ireland, stating that the new deal “drives a coach and horses through the professed sanctity of the Belfast Agreement”.

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13 Comments
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    Mute mrmeade
    Favourite mrmeade
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    Jan 1st 2017, 4:40 PM

    The world is going to wait until it’s too late to tackle this maniac.

    69
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    Mute Tweety McTweeter
    Favourite Tweety McTweeter
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    Jan 1st 2017, 5:11 PM

    Something tells me that the international community doesn’t believe he is capable of what he says he is

    49
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    Mute B9xiRspG
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    Jan 1st 2017, 7:38 PM

    No oil so…..

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    Mute Jason Culligan
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    Jan 1st 2017, 8:02 PM

    It has nothing to do with oil. America already sacrificed thousands of their own to protect South Korea. The issue is China and the fact that they’ve shown to be willing to fight to protect the North and their egomaniac leaders.

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    Mute B9xiRspG
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    Jan 1st 2017, 8:27 PM

    @Jason Culligan: You are correct the North has China behind them but you still aren’t seeing the US doing much about the WOMD that the North has but it invaded Iraqi with obvious no proof of any WOMD but plenty of oil.

    17
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    Mute Hugh Mannatee
    Favourite Hugh Mannatee
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    Jan 1st 2017, 5:19 PM

    2nd lad in, first row from left. foot too low. Family shot.

    55
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    Mute David Thomas
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    Jan 1st 2017, 4:54 PM

    He’s obviously spent the army’s rifle money on nukes then.

    53
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    Mute Jason Culligan
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    Jan 1st 2017, 8:00 PM

    Under normal conditions I’d say that they’re parade rifles, much like the Americans who still use M1 and M14 rifles for marching. In North Korea though, where they have 1 million more soldiers than rifles, you’re probably spot on.

    11
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    Mute Samoa Snow
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    Jan 1st 2017, 4:17 PM

    Delighted, just the news we were waiting for

    31
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    Mute RJ.Fallon
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    Jan 1st 2017, 4:46 PM

    Look at all those robots dressed up as soldiers,wow.

    23
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    Mute O Swetenham
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    Jan 1st 2017, 5:23 PM

    I’d say they all blink in unison.

    15
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    Mute John Jones
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    Jan 1st 2017, 5:13 PM

    He’s only a mount like his auld fella

    18
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    Mute Paddy Lions
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    Jan 1st 2017, 5:42 PM

    Another loony state supported by SF/IRA.

    13
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    Mute Alois Irlmaier
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    Jan 1st 2017, 7:00 PM

    @Paddy Lions: Why do you stick SF and IRA into everything you don’t like? If you hated Guinness, do you put SF or IRA into that as well?

    15
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    Mute eastsmer #IRExit
    Favourite eastsmer #IRExit
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    Jan 1st 2017, 7:55 PM

    @Paddy Lions: It’s 2017, make a resolution to grow up, PLEASE

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    Mute Paddy Lions
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    Jan 1st 2017, 8:53 PM

    In 1986, the Sinn Fein Foreign Affairs Bureau sent a message of solidarity to the North Korean regime. The message, signed by Sile ni Dhara, stated clearly: “We offer our support to the Workers’ Party of Korea in its fight for the establishment of the Democratic Confederated Republic of Korea.” (“Sinn Fein Letter to Korea,” Ireland’s War, issue 18 (June 1986) p.7). Also, during a visit to Scandinavian countries in 1987, Gerry Adams attended a reception at the embassy of the Democratic People’s Republic of Korea on the occasion of the 75th birthday of Kim Il Sung. (“Gerry Adams visits Scandinavia”, Ireland’s War, issue 23 (July 1987), p.7) In 1989, an official Sinn Fein delegation including Gerry MacLochlainn, Sheena Campbell (later murdered in 1992 by loyalists) and John Doyle attended the World Youth Festival in Pyongyang (cfr “Sinn Fein Delegation at World Youth Festival”, An Phoblacht-Republican News, (vol.11 number 26), 29 June 1989 p.14).Alois Irlmaier:

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    Mute HOTBank
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    Jan 1st 2017, 4:49 PM

    DPRK is the perfect socialist state form which we can learn

    11
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    Mute Roibeard O Beachain
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    Jan 1st 2017, 5:42 PM

    Yep. Were the masses starve, are interned or executed while the leader gourges on cheese, meat and booze

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    Mute Eamonn O'Regan
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    Jan 1st 2017, 5:29 PM

    Kim has nukes on the brain,the poor lad. That’s what must have caused the hair loss.

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    Mute winston smith
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    Jan 1st 2017, 5:46 PM

    Why do I think the Yanks must have this guy covered?…Can China pull Kim’s chain in at any moment but use him as a counter against the yanks especially since Trump is sabre rattling over Taiwan.

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    Mute Eamonn O'Regan
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    Jan 1st 2017, 5:31 PM

    Kim has nukes on the brain,the poor lad. I bet that’s what caused his catastrophic hair loss.

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    Mute Alois Irlmaier
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    Jan 1st 2017, 6:58 PM

    Kim is storing his farts now to power it? That is why it is taking so long?

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    Mute John Brendan Mullen
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    Jan 1st 2017, 7:01 PM

    No harm. The threat of mutual annihilation seems to be the best way to stop the deployment of nuclear weapons. Let’s hope Iran gets there too asap to negate the imbalance created by Israeli nuclear capability. Maybe then they will start to act like a civilised nation

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    Mute Jason Culligan
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    Jan 1st 2017, 8:04 PM

    The problem is that North Korea seem incapable of understanding that point. They already picked a fight with the US once when America had nukes and their guardian angels the Chinese still hadn’t developed nuclear weapons of their own. North Korea is also constantly close to collapsing in on itself. The last thing you want is a civil war in a nuclear capable state.

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    Mute Marcus Bale
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    Jan 1st 2017, 8:04 PM

    Some jowls on him the little fooker . Destroyed with the gout at this stage . Him and Donald J Trump be arm and arm skipping down the yellow brick road shortly .. soon as Donald builds one

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