ONE of Boris Johnson’s ministers has admitted that the UK Government is set to break international law in a bid to override the Brexit deal.
Brandon Lewis, the Northern Ireland Secretary, shocked MPs yesterday when he said international law would be broken in a “very specific and limited way”.
Former Prime Minister Theresa May was left incredulous, saying the move would damage the UK’s reputation as a trustworthy partner among other nations.
Ministers are set to add the new laws that re-interpret the withdrawal treaty – agreed with Brussels earlier this year – to the Internal Market Bill, due to be tabled in the Commons today.
That’s the same piece of legislation that’s been branded a “power grab” by the Scottish Government.
The legislation – the text of which will only be seen today – is supposed to ensure goods from any nation of the UK can have unfettered access to any other nation. But the Tories have made clear they want to change state aid rules agreed as part of the Northern Ireland protocol – intended to prevent a return to checks at the border with the Irish Republic.
Sir Bob Neill, Tory chairman of the justice select committee, asked: “The secretary of state has said that he is committed and the Government are committed to the rule of law. Does he recognise that adherence to the rule of law is not negotiable?
“Against that background, will he assure us that nothing that is proposed in this legislation does or potentially might breach international legal obligations or international legal arrangements that we have entered into?”
Lewis replied: “I would say that yes this breaks international law in a very specific and limited way.
“We are taking the power to disapply the EU concept of direct effect required by Article 4 in a certain, very tightly defined circumstances.
“There are clear precedents for the UK and indeed other countries needing to consider their international obligations as circumstances change”.
READ MORE: The 10 funniest tweets about Tories breaking the law in a 'limited and specific way'
May said that ministers were seeking to change the operation of an agreement which the Government had signed up to and parliament had passed into UK law.
“Given that, how can the Government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?” she asked.
Nathalie Loiseau, a close ally of president Macron and MEP on the Brexit co-ordinating group of the European Parliament, said: “You don’t ‘break international law in a specific and limited way’. You do break it or you don’t. You can’t be half illegal, as you can’t be half pregnant.”
The SNP’s Joanna Cherry called on Richard Keen, the Lord Advocate to follow Jones out the door.
She said: “Richard Keen as the UK Government’s law officer for Scotland stood by the prorogation of parliament by Boris Johnson’s government.
“That decision was found to be unlawful by a unanimous decision of the Supreme Court.
“Less than a year later the UK Government is intent on breaching its international treaty obligations under the Withdrawal Agreement. I would not expect Law Officers to remain in their post where the Government they advise proposes to take unlawful action.
“Richard Keen should the protect integrity of Scots law and governance, he should show the same courage of his convictions as Jonathan Jones the head of the UK Government’s legal division and quit.”
Brexiteers defended Johnson’s move, with some calling for him to go further and scrap the whole deal if the EU refused to make concessions on a trade agreement.
Iain Duncan Smith, the former party leader, said that the Government was “quite within its rights” to revisit the withdrawal agreement.
Meanwhile, Scottish Government constitution secretary Michael Russell said the legislation demonstrated that the UK is “not a genuine partnership of equals”.
“This is a shabby blueprint that will open the door to bad trade deals and unleashes an assault on devolution the like we have not experienced since the Scottish Parliament was established.
“We cannot, and will not, allow that to happen.”
However, Scottish Secretary Alister Jack claimed the legislation would respect and strengthen devolution. “I hope the devolved administration will work with us,” he said.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel