Judge rejects legal bid to make Brexit deal unlawful
A legal bid arguing Boris Johnson’s Brexit deal was unlawful has been rejected by a judge.
It had been claimed that the Brexit agreement Prime Minister Boris Johnson negotiated with the EU was unlawful and should not be considered by Parliament.
The legal challenge, heard at the Court of Session in Edinburgh, suggested that the proposed deal breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.
But government lawyers defended the deal and claimed the legal action is a “direct and manifest interference with Parliament”.
Last night, Lord Pentland rejected the campaigners’ argument that the agreement was unlawful, writing in his verdict that the petition was “of very-doubtful competency”.
Thejudgeadded:“theorders sought would unquestionably interfere to a major extent to the proposed proceedings in Parliament.
“I cannot see that it would be right for Parliament to be invited to consider a draft treaty which the court had suspended on the basis that it was unlawful.
“It is a cardinal principle of constitutional law that the courts should not intrude on the legitimate affairs and processes of Parliament.
“I consider that it should be left to Parliament to proceed in relation to the draft withthere’s drawal agreement in the manner and according to the procedures that Parliament considers most appropriate.”
Aidan O’neill QC, acting for the petitioners, told the court that the proposed Brexit deal would mean a “continuing regime of EU law applicable to Northern Ireland” - contrary to Section 55 of the Taxation (Cross-border Trade) Act 2018.
He said this would breach the Act’s terms by creating different customs rules in Northern Ireland to the rest of the UK, leaving the deal void and unsuitable to be put before Parliament.
Mr O’neill said: “What we have before us is a void agreement that has been presented publicly and to Parliament as valid.
“The agreement which was presented yesterday is void; is of no effect as a matter of law.
“If the interim suspension is granted on the basis that the agreement as a matter of national law is void, then no agreement which can be laid before the House.”
The Prime Minister and European Commission President Jean-claude Juncker on Thursday announced the two sides had come to an agreement on a Brexit withdrawal deal.
EU leaders then approved the deal, and MPS are expected to vote on it today.
The challenge has been brought before Lord Pentland at the Outer House of the Court of Session by the Good Law Project, led by Jo Maugham QC.
Gerry Moynihan QC, acting for the government, described the legal challenge as a “direct and manifest interference with Parliament”.