Official Report: Minutes of Evidence

The Chairperson (Mr O'Toole): Members, as you will see in your meeting pack, the Department has laid a legislative consent memorandum, under Standing Order 42A(4)(b), for the Cyber Security and Resilience (Network and Information Systems) Bill. The Committee will wish to note that, under Standing Order 42A(4)(b), the Minister is not bringing forward a legislative consent motion, because there is still work to be done with colleagues from the Department for Science, Innovation and Technology (DSIT). However, he intends to bring forward a legislative consent memorandum and draft motion in due course.

That is for members to note. Having read that, I am still slightly unclear as to why there is a lack of certainty. Is there a Windsor framework issue?

The Committee Clerk: They are still talking to DSIT colleagues about some issues. There are things that still have not been fully pinned down, and there are still some outstanding legal issues. When officials came and briefed us, you will recall that there was some talk of trying to clarify where everybody's legal advice took them, and I think that that is still happening. They are charged with updating us as soon as they get further word. We are still OK on the timescale for that one. As the Minister indicated, he is minded to bring forward a full legislative consent memorandum. However, I think that he is just waiting for those clarifications from DSIT.

Ms Forsythe: My understanding of it is that the Windsor framework is preventing Northern Ireland from aligning with GB on the Bill. Can we get clarity on that? Are we waiting for an analysis of it under the Windsor framework, or is it with the Windsor Framework Democratic Scrutiny Committee?

The Committee Clerk: That is the legal issue. Legal officials here in the Departmental Solicitor's Office have perhaps more awareness of that than the officials in DSIT. As I said, it is about making sure that everybody has access to the appropriate advice before everything is pinned down. That is still ongoing.

Dr Aiken: I declare an interest, because I sit on the Windsor Framework Democratic Scrutiny Committee, the world's most incurious committee. The issues are the Network and Information Systems 2 directive on cybersecurity, directive (EU) 2022/2555; regulation (EU) 2016/679 on GDPR; and the EU digital omnibus package that was erased on 19 November 2025. Each one of those should be reflected in this, and that is not the case, so a considerable amount of work needs to be done to it. Feel free to send those directives to the Finance Committee. That has to be done in relation to those directives. Each one of those has an impact on this.

The Chairperson (Mr O'Toole): OK. We will wait to hear more. We will, hopefully, get more as soon as possible.