Making and breaking the law

Many Irish people are not surprised by Britain’s decision to ignore an international treaty. Although its current popular usage dates to the French Revolution, the French idiom

has been in use here for centuries. Irish history is replete with examples, not least of which was disregarding the Treaty of Limerick. The latter gave rise to the battle-cry of the Irish Brigade soldiers in the French service at Fontenoy in 1745. They, at a decisive point, drove the British back with the battle-cry “

(remember Limerick and Saxon perfidy).

Bob Frewen, Ireland

perfide

Sasanach”

Albion

Cuimhnígí ar Luimneach agus ar fheall na

The civil service code has only ever said that a civil servant must “comply with the law”. Some seek to argue that “the law” includes international law, but this has never been the case in the UK. In 2015, the ministerial code was altered to match the civil service code, removing any reference to international law to reflect this.

Parliament may make or unmake any law; this is the sovereignty of Parliament. The UK courts have never sought to enforce any provision of international law other than those provided for by Parliament. Some states, such as in the US, incorporate treaty law into their domestic law, but even in the US a statute enacted into law can override an earlier treaty. Sir Bernard Jenkin, MP, chairman, Commons public administration and constitution committee 2010-19 slave overseer on a Jamaican plantation and was only kept from sailing because he could not raise the money for his passage.