Proposed Brexit changes ‘breach international law’
AGOVERNMENT plan to override elements of Boris Johnson’s Brexit deal with Brussels would breach international law, a senior minister has confirmed.
The comment by Northern Ireland Secretary Brandon Lewis provoked a furious reaction, including from some Tory MPs, and followed news that the head of the Government Legal Department had resigned amid reports he was “very unhappy” with the proposal.
Mr Lewis told MPs that legislation to ensure Northern Ireland could continue to enjoy unfettered access to markets in the rest of the UK would breach international law in a “very specific and limited way”.
In the Commons, former prime minister Theresa May warned the Government was in danger of losing the trust of other countries that it would honour its international agreements, while Labour described the admission as “absolutely astonishing”.
Downing Street has sought to play down the changes in the Internal Market Bill – to be tabled today – insisting they were simply “limited clarifications” to protect the peace process if they failed to secure a free trade deal with the EU.
But pressed in the Commons by the senior Tory MP Sir Bob Neill as to whether they were consistent with UK’s international legal obligations, Mr Lewis said: “Yes, this does break international law in a very specific and limited way.”
He said that the powers the Government was taking would enable ministers to “dis-apply” the EU legal concept of “direct effect” – which requires the enforcement of EU law – in “certain, very tightly defined circumstances”.
He added: “There are clear precedents for the UK and indeed other countries needing to consider their international obligations as circumstances change.”
However, Sir Bob, who chairs the Commons Justice Committee, said adherence to rule of law was “not negotiable”.
“Any breach, or potential breach, of the international legal obligations we have entered into is unacceptable, regardless of whether it’s in a ‘specific’ or ‘limited way’,” he tweeted.
Shadow Foreign Secretary Lisa Nandy said she was “astounded” by the minister’s comments.
“The rule of law keeps us safe, defends our national interest and allows us to hold others to account. They are diminishing us on the world stage.”
Mrs May said ministers were now seeking to change the operation of an agreement which the Government had signed up to and Parliament had passed into UK law.
“Given that, how can the Government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?” she demanded.
The row erupted as the pound plummeted against the US dollar amid fears that Mr Johnson’s chances of securing a post-Brexit free trade deal with the EU were diminishing.
It followed the shock announcement that the head of the Govern
ment Legal Department Sir Jonathan Jones had become the latest senior civil servant to quit his post.
No reason was given for his resignation but the Financial Times reported that he was “very unhappy” with the proposed changes to the Withdrawal Agreement.
The Prime Minister’s official spokesman said: “I can confirm that he is stepping down and we would thank him for his years of hard service and wish him well for the future.”
The news came as the EU’s chief negotiator Michel Barnier was arriving in London for the latest round of the negotiations on a free trade deal.