DUP seeks to trigger Stormont Brake over new EU customs rules
Wednesday 04 November 2026
The DUP is seeking to block new EU customs rules from applying in Northern Ireland, warning that the changes could increase costs for businesses, disrupt supply chains and make it harder for firms in Great Britain to trade with the region.
Upper Bann MLA Jonathan Buckley has confirmed that his party has formally petitioned the Northern Ireland Assembly Speaker as it attempts to trigger the Stormont Brake, a mechanism designed to allow MLAs to challenge certain changes to EU law.
The move concerns a replacement EU Customs Code, which the DUP argues could introduce further bureaucracy for businesses moving goods between Great Britain and Northern Ireland.
Concerns over costs and consumer choice
Mr Buckley said businesses were already experiencing difficulties under the post-Brexit trading arrangements and warned that additional requirements could make the situation worse.
“Businesses in Northern Ireland are already paying the price for the Protocol, with customs bureaucracy driving many firms in Great Britain away from trading with us. At a time when government should be reducing the cost of doing business, the prospect of a new EU Customs Code only threatens to make matters even worse.”
He said businesses and trade organisations had raised concerns about additional paperwork, higher costs, delays and reduced consumer choice.
“Individual businesses and trade bodies have been clear about the potential consequences: more red tape, higher costs, delays, reduced consumer choice and further disruption to established supply chains. These are not hypothetical concerns. They are the real-world consequences of being subjected to rules we have no say in making and no power to change.”
The potential implications extend beyond businesses directly involved in importing goods, with changes to supply chains and trading costs also capable of affecting retailers and consumers. However, the extent of any additional costs or disruption arising from the replacement legislation has not been established.
How the Stormont Brake works
Introduced under the Windsor Framework, the Stormont Brake allows at least 30 MLAs from two or more political parties to request that the UK Government prevent certain amended or replacement EU laws from automatically applying in Northern Ireland.
The mechanism can only be used where specific legal and procedural conditions are met, including evidence that the legislation differs significantly from existing rules and would have a significant, lasting impact on everyday life in Northern Ireland.
The final decision on whether to activate the mechanism rests with the UK Government. Securing the necessary MLA signatures does not, by itself, block the legislation.
The Assembly's Windsor Framework Democratic Scrutiny Committee has already examined the replacement Customs Code, formally known as Regulation (EU) 2026/2108.
The committee concluded that the legislation differs significantly in part from the existing EU rules. However, members did not agree that it would have the significant, lasting impact on everyday life required to satisfy the second key condition for triggering the brake.
DUP calls for unionist co-operation
Mr Buckley has appealed for support from other MLAs, particularly those representing unionist parties, to advance the objection.
“For these reasons, the DUP has formally petitioned the Speaker to object to this legislation. I would urge MLAs to support us in this cause by adding their signature.”
He also argued that a united approach was necessary because of the implications he believes the legislation could have for Northern Ireland's position within the United Kingdom.
“In particular, on an issue with such clear implications for Northern Ireland’s place within the United Kingdom and its internal market, practical co-operation between unionist parties is essential. By working together and demonstrating the collective strength of our voice, we can make our concerns heard on the imposition of this unwanted EU regulation.”
Deadline for formal objection
According to the Assembly's published scrutiny timetable, the deadline for submitting a Stormont Brake notification concerning the replacement Customs Code is Thursday 5 November 2026.
The DUP's announcement does not establish whether the party has secured the required 30 signatures from at least two parties.
With the deadline approaching, the immediate question is whether sufficient MLAs will support a formal notification and whether the statutory conditions can be demonstrated. Until those steps are completed and assessed, the proposed challenge does not change the customs arrangements currently applying to goods entering Northern Ireland.
