Advocate General quits over PM’S bill that would breach international law
Boris Johnson suffered a further blow over his plans to introduce post-b rex it legislation which would breach international law when his top adviser on Scots law, Lord Keen of Elie, resigned yesterday.
The QC, who has been the Advocate General for Scotland for five years, quit his government role saying he had found it“increasingly difficult to reconcile” his obligations as a law officer with Mr Johnson’s “policy intentions” in respect of the controversial Internal Markets Bill and its impact on the Northern Ireland protocol in the EU Withdrawal Agreement.
Lord Keen, who had raised concerns the bill could breach the ministerial code – but was over-ruled by UK Attorney General, Suella Braverman – had initially defended the bill in the House of Lords on Tuesday saying it did not “constitute a breach of international law”.
However his statement was in direct contradiction to the admission last week by Northern Ireland minister, Brandon Lewis that the bill did break the law in a “limited and
specific way” and yesterday Mr Lewis said Lord Keen had been wrong to disagree with the UK government’s position on the bill.
Mr Lewis told MPS on the Northern Ireland affairs committee: “I’ve spoken to Lord Keen, when he’s looked at the specific question I was asked last week. He has agreed with me that the answer I gave was correct. That answer I gave reflects the government legal advice.”
As a result Lord Keen offered his resignation.
He said :“I have found it increasingly difficult to reconcile what I consider to be my obligations as a law officer with your policy intentions with respect to UKIM Bill. I have endeavoured to identify a respect able argument for the provisions at clauses 42 to 45 of the bill but it is now clear that this will not meet your policy intentions. In these circumstances I consider it my duty to tender my resignation.
“Your government faces challenges on a number of fronts and I fear that the UKIM Bill in its present form will not make these any easier.”
Prime Minister Boris Johnson reportedly told MPS yesterday afternoon that he had not accepted Lord Keen’s resignation, but by the evening he had.
The Internal Markets Bill has proved controversial for its potential impact on the Good Friday Agreement as well as the devolved administrations within the UK. Mr Lewis’ confirmation last week that the bill would breach inter national law also sparked outrage among Mr Johnson’s own backbenchers as well as opposition MPS and in the EU.
The Justice Secretary, Robert Buck land, said he would resign if the government broke international law in a way that could not be“fudged” and the government’s chief lawyer, Jonathan Jones, stepped down as ministers prepared to publish the bill. It also provoked Brexit-supporting Conservative peers including Lord Michael Howard and Lord Norman Lamont to re volt, saying the government had shown “scant regard” for its international obligations, and warning the bill would not get through the Lords in its current form as it “is impossible to defend”.
A Labour source said Lord Keen’ s reputation was now “shot” after the disagreement with Mr Lewis, and the SNP said it left new Scottish Conservative leader Douglas Ross “totally exposed” over his support for the legislation.
The SNP’S Westminster justice spokesperson Joanna Cherry QC said: “I am pleased that Lord Keen has finally decided to do the right thing and offer his resignation.
“It shows, yet again, that this Tor y government cannot be trusted. And it leaves Douglas Ross and the six spineless Scottish Tory MPS who voted for the bill totally exposed and in an utterly untenable position.
“By threatening to break the law, rip up the UK’S international treaty obligations, and impose an extreme B rex it against our will, the Tory government is damaging Scotland’s interests. By voting for this, Scottish Tory MPS are doing anything but standing up for Scotland.
“The UK government will find it hard to find any member of the Scottish Bar to replace Lord Keen as Advocate General as long as it is intent on breaking international law.”
Scottish Secretary A lister Jack said: “I would like to pay tribute to Lord Keen for his five years of committed service.”