Brexit brinkmanship

Among the strongest critics of the Government’s decision to override parts of the Withdrawal Agreement signed last year are former leaders of the Tory party. Brexiteers may dismiss Sir John Major and Theresa May as having an axe to grind, but the same cannot be said of Lord Howard, a consistent supporter of the UK’S departure from the EU. The Government wants ministers to have the power to modify or “disapply” rules relating to the movement of goods due to apply in Northern Ireland from January 1. These were agreed by Boris Johnson as part of the Northern Ireland Protocol that broke the logjam in talks before last year’s general election.

Brandon Lewis, the Northern Ireland Secretary, has conceded that the new measure would breach international law. Lord Howard said these “were not words which I thought I’d ever hear uttered by a British minister – far less a Conservative minister”. Government law officers take a different view. Lord Keen, the advocate general for Scotland, said “very real tensions” between UK and international laws can occur “from time to time”. But there is no doubt that this is a high-stakes move at a key moment in talks aimed at achieving a trade deal by the end of the year.

Since this measure will not get through the House of Lords without an almighty battle, the Government is intent on using it to concentrate EU minds on the need to strike an agreement. But it seems to be having the opposite effect, with EU diplomats meeting to formulate a common position against the UK. We understand that brinkmanship is de rigueur in EU negotiations, but a trade war that would follow a complete break down would be in no one’s interest.