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Sources in the MoJ said the row "does raise questions about the Sentencing Council and democratic deficit".

The DUP and other unionist parties have argued the vote creates a democratic deficit as the concerns of unionists, who are in the minority at Stormont, can be ignored.

"That is not just a democratic deficit, it is undemocratic plundering of the Northern Ireland statute book by the EU," he said.

But, the DUP has argued the vote creates a democratic deficit as the concerns of unionists who are in the minority at Stormont can be ignored.

"A decision by the assembly to withhold consent for this new EU rule will practically demonstrate that we have removed the democratic deficit within our devolved context."