The Windsor Agreement has a key stipulation which is withholding the DUPs support for it, according to Jim Shannon MP.
The ’Stormont brake’ is a key part of the framework, which in theory could see the UK Government veto any new EU laws applying to trade in Northern Ireland.
DUP MP Jim Shannon says his party have received legal advice suggesting the clause will not be legally binding, which is preventing the group from backing it.
Speaking to GB News, Shannon says without the clause being legally binding, it “doesn’t work at all”.
Rishi Sunak's deal faces opposition from the DUP and potentially his own MPs
PA / GB News
He told Mark Longhurst: “At this moment in time, the initial response tells us that the so-called Stormont brake isn’t a legally binding document.
“We’ll discuss this on Wednesday when we have the debate in the chamber.
“I think while we have this legal advice, we cannot sign up to it.
“The problem is, if it isn’t legally binding, it doesn’t work at all. I referred to it earlier as a platitude of words and it probably is that.
Rishi Sunak is facing a Brexit rebellionPA“What we want is a documentation that strengthens our position within the United Kingdom, that gives authority to the 30 MLAs at Stormont, but at this moment of time, it doesn’t.
“The advice that we’ve got so far is that it’s not binding, it doesn’t have any impact, and it doesn’t work.”
The agreement was sealed by Sunak and the EU Commission president, Ursula von der Leyen, on 27 February, and has been scrutinised by the DUP since.
The party have grown increasingly opposed to the deal, with leader Jeffrey Donaldson saying on a visit to Washington DC that there remains “a few areas of concern”.
Conservative whips are growing ever more concerned about the prospect of Brexiteer MPs voting against or abstaining on Wednesday.
Labour’s support is extremely likely to result in the motion being passed, but a discontented Tory backbench along with an unsupportive DUP faction would not reflect brightly upon Prime Minister Rishi Sunak.
The ERG is said to be planning a press conference on Tuesday which will make clear its verdict on the Windsor Framework after weeks of scrutiny from its “star chamber” of legal advisers.
Shannon said the DUP remains “unconvinced” as to whether the Stormont brake will be legally binding.
He told GB News: “When it comes to Westminster, the British Government has the option of supporting the 30 MLAs.
“We need to make sure that it’s legally binding, that it means something, and at the moment, we’re not convinced of that.
“If Westminster is convinced on it, they [EU] will then make a decision that will be beneficial to the UK Government and not necessarily the Assembly.
“There’s a legally binding question over it all.”