BORIS Johnson told people he expected them to “obey the law” yesterday, despite his government publishing their law-breaking Internal Market Bill.
The controversial draft legislation sparked outrage.
In theory, it’s about how the UK will manage trade within its borders after Brexit.
But to achieve that in the way the Prime Minister wants, he is seemingly going to need to override the Withdrawal Agreement he signed off with Brussels at the start of the year.
That means a significant shake up of state aid and spending rules, and more power being handed to London over regulations in Scotland, Wales and Northern Ireland.
The United Kingdom Internal Market Bill specifically lists all the legislation that ministers will be able to ignore.
It includes the Northern Ireland Protocol, and “any other EU law or international law”.
The draft legislation says: “Certain provisions to have effect notwithstanding inconsistency or incompatibility with international or other domestic law.”
It adds any parts of the Brexit deal which contradicts it will “cease to be recognised and available in domestic law”.
For the Scottish and Welsh governments, one of the most difficult proposals is for a mutual recognition regime, requiring regulatory standards in one part of the UK to be automatically accepted in others.
The devolved governments won’t be able to ask for an exemption based on public health, or environmental standards.
Nicola Sturgeon has said she fears this could mean chlorinated chicken being foisted on Scots diners.
Welsh First Minister Mark Drakeford called it a “grim day for those that believe in the UK”, adding that the bill “favours those” who want to see it “broken up”.
The bill also gives the UK Government more power to spend in devolved areas, effectively bypassing the governments in Edinburgh and Wales.
Professor Nicola McEwen from Edinburgh University’s Centre on Constitutional Change said the Tory Government’s aim here was “to fund organisations directly to support UK-wide priorities and ‘promote the UK’s shared values’”.
She added: “One of the benefits of devolution is the ability to make policy to suit local needs and preferences, and opportunities for policy innovation/learning.
“Whatever its perceived advantages, Internal Market Bill limits policy divergences and risks stifling innovation.”
The UK left the EU on January 31, but is now in a “transition period” meaning it continues to follow the same rules until the end of the year.
The Bill will give ministers power over the “application of exit procedures” allowing them to decide what checks will apply on goods going from Northern Ireland to Britain.
It also gives the Government powers to disregard state aid rules, which are underpinned by EU law because of Northern Ireland’s special status in the single market after Brexit.
Though they will continue to apply in Northern Ireland – they will not apply to the rest of the UK.
The bill was condemned by president of the EU Commission, Ursula von der Leyen.
“Very concerned about announcements from the British government on its intentions to breach the withdrawal agreement,” she tweeted.
“This would break international law and undermines trust. Pacta sunt servanda – the foundation of prosperous future relations.”
Charles Michel, president of the EU Council, added: “Breaking international law is not acceptable and does not create the confidence we need to build our future relationship.”
Former attorney general Dominic Grieve, said: “It will have very serious representational consequences. I could almost weep over it.”
On Tuesday, Tory minister Brandon Lewis admitted the proposed legislation would “break international law in a very specific and limited way”.
In the Commons yesterday, LibDem MP Munira Wilson asked Johnson: “If ministers think it is acceptable for this Government to not obey the law, how on earth can the Prime Minister expect the public at home to do so?”
The Tory leader replied: “We expect everybody in this country to obey the law.”
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