THE Tory Advocate General for Scotland has been told to prove he is a man “of integrity and honour” and resign from Boris Johnson's “law-breaking administration”.
In a savage editorial, Scottish Legal News, urges Lord Keen to disassociate himself from “the charlatans at No 10 Downing Street”.
The highly respected magazine, which is sent to just about every lawyer and solicitor in Scotland, says that failure to do so would “endorse reckless and lawless behaviour that will tarnish Britain’s reputation and ultimately that of those associated with it.”
The row follows last week’s admission by Northern Ireland Secretary Brandon Lewis that the UK government’s Internal Market Bill would “break international law in a very specific and limited way”.
If passed, the Bill, which has its second reading in the Commons today, will allow ministers to override the Northern Ireland protocol agreed between the UK and the EU.
In their editorial, the Scottish Legal News points to a speech given by Keen to the Public Law Group on the rule of law and role of law officers, back in June 2018.
The peer said it was “the duty of the law officers is to ensure that the government acts lawfully at all times”.
He added: “If the rule of law is disrespected, and falls into disrepute, elected governments will not be able to govern effectively – any government is simply shooting itself in the foot if it undermines the rule of law.”
Scottish Legal News describes Keen as “one of the sharpest legal minds of his generation.”
They add: “But he now finds himself in a situation that is impossible for any man of integrity and honour. The conspirators who surround the hapless and out-of-his-depth Johnson are now openly attacking, and breaking the rule of law.”
It goes on “Loyalty to country and rule of law must trump loyalty to party, especially when that party has been hijacked by a group of fanatical ideologues for whom the law is an inconvenience.
“Unlike many of the Conservative MPs who depend on their salaries and pensions and who find themselves trapped in a Faustian pact that entails them supporting that which they know to be wrong, Lord Keen is a wealthy man. He has no need of a sinecure.
"His reputation, andnew that of the law itself, will only be enhanced by distancing himself from the charlatans at No 10 Downing Street and tendering his resignation forthwith.”
It was revealed late last week that Keen had warned that changes to the Brexit deal would be a breach of the ministerial code. “It is his opinion that [the ministerial code] includes the obligation under international law to act in good faith with respect to the UK’s treaty obligations,” an official paper leaked to The Guardian said.
However, Suella Braverman, the attorney-general, and Michael Ellis, the solicitor-general, were “confident” there was no breach of the code.
Last Thursday, Keen told the House of Lords he would “continue in post and continue to advise, encourage and stipulate adherence to the rule of law - understanding that, from time to time, very real tensions can emerge between our position in domestic law and our position in international law.”
The SNP MP Joanna Cherry said Keen needed to resign.
She said: “The Advocate General is on record as saying it is ‘essential’ for law officers to ‘champion the rule of law within government’.
“If he is to live up to those words then he cannot in all conscience support or sign off on this legislation – which the ministers he advises have already admitted breaks international law.
“In the unprecedented circumstances of this case – with UK government ministers admitting their intention to act unlawfully – it is incumbent on the Advocate General to uphold the rule of law and refuse to give his consent to it. He has a duty to protect the integrity of Scots law and the Scottish legal profession, and if he refuses to do so, he should resign."
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