Boris Johnson Announces Law to Overturn the Treaty Europe Signed With Boris Johnson
Dan Ladden-Hall
Mon, June 13, 2022,
BREXIT BORIS
In its latest efforts to annoy the rest of Europe as spectacularly as possible, the British government put forward head-scratching new plans Monday to override a critical deal it reached with the European Union—after tortuous negotiations—just three years ago.
The unorthodox move has been variously alleged to threaten the integrity of the European Union (EU); the union of the United Kingdom; and even undermine the peace process on the island of Ireland.
Boris Johnson—a prime minister who narrowly survived a vote of no confidence after attending a series of lockdown-breaking parties in Downing Street—sees the rogue move differently, characterizing his explosive legislation as “a relatively trivial set of adjustments.”
Trouble has been brewing around what to do about Northern Ireland for months. Now, it seems, Johnson’s solution for breaking the deadlock is to scrap parts of one section of the deal known as the Northern Ireland Protocol. His Foreign Secretary, Liz Truss, is expected to introduce legislation that can override parts of the Protocol into parliament on Monday.
Boris Johnson Badly Wounded but Narrowly Survives Jubilee Coup
The Northern Ireland Protocol is a trade deal which dictates how goods enter Northern Ireland from the rest of the U.K. after Brexit. It was agreed between the U.K. and the EU in 2019 and was designed to stop a hard border being placed between the Republic of Ireland (which is in the EU) and Northern Ireland (which is in the U.K.). This was vital to protect a 1998 peace deal which brought an end to decades of major sectarian violence in the region. Instead of a hard border, customs checks were imposed on goods moving from Britain to Northern Ireland.
But that has, in effect, divided the United Kingdom by creating a border in the Irish Sea between mainland Britain and Northern Ireland. Communities in Northern Ireland that strongly identify as British hate the arrangement, saying it effectively pushes them out of the U.K., and some British companies have even cut ties with Northern Ireland businesses due to the new paperwork. Pro-London lawmakers in Northern Ireland have even been blocking vital functions of Stormont, the region’s devolved assembly, until “action” has been taken on the protocol. And the row has also enraged Conservative politicians in Westminster. Johnson is now seeking to placate their demands for change.
The problem is, he’s doing so by trashing the agreement he made with the EU just three years ago. The EU has refused to bend to a new negotiation, citing the fact that Johnson agreed to the current arrangements. Brussels also fears for the integrity of the EU itself if it can’t control what enters its single market trade bloc. So in the face of EU stonewalling any mutual changes to the Protocol, it appears Johnson will attempt to override the agreement unilaterally—a move which some critics say could break international law and badly damage Britain’s reputation on the world stage.
“It's a bureaucratic change that needs to be made. Frankly it's a relatively trivial set of adjustments,” Johnson said in an LBC radio interview Monday. “All we are trying to do is have some bureaucratic simplifications between Great Britain and Northern Ireland.” The Irish government, on the other hand, called Johnson’s proposed action “deeply damaging” which would represent a “low point” in his approach to Brexit.
The proposed legislation to override the Protocol will still need to get through the British parliament, which could take months. But if successful, the consequences for the U.K., Ireland, and the EU could be huge. London’s relationship with Washington may also come under strain as Biden has repeatedly made it clear that peace in Northern Ireland is a personal priority.
Dan Ladden-Hall
Mon, June 13, 2022,
BREXIT BORIS
In its latest efforts to annoy the rest of Europe as spectacularly as possible, the British government put forward head-scratching new plans Monday to override a critical deal it reached with the European Union—after tortuous negotiations—just three years ago.
The unorthodox move has been variously alleged to threaten the integrity of the European Union (EU); the union of the United Kingdom; and even undermine the peace process on the island of Ireland.
Boris Johnson—a prime minister who narrowly survived a vote of no confidence after attending a series of lockdown-breaking parties in Downing Street—sees the rogue move differently, characterizing his explosive legislation as “a relatively trivial set of adjustments.”
Trouble has been brewing around what to do about Northern Ireland for months. Now, it seems, Johnson’s solution for breaking the deadlock is to scrap parts of one section of the deal known as the Northern Ireland Protocol. His Foreign Secretary, Liz Truss, is expected to introduce legislation that can override parts of the Protocol into parliament on Monday.
Boris Johnson Badly Wounded but Narrowly Survives Jubilee Coup
The Northern Ireland Protocol is a trade deal which dictates how goods enter Northern Ireland from the rest of the U.K. after Brexit. It was agreed between the U.K. and the EU in 2019 and was designed to stop a hard border being placed between the Republic of Ireland (which is in the EU) and Northern Ireland (which is in the U.K.). This was vital to protect a 1998 peace deal which brought an end to decades of major sectarian violence in the region. Instead of a hard border, customs checks were imposed on goods moving from Britain to Northern Ireland.
But that has, in effect, divided the United Kingdom by creating a border in the Irish Sea between mainland Britain and Northern Ireland. Communities in Northern Ireland that strongly identify as British hate the arrangement, saying it effectively pushes them out of the U.K., and some British companies have even cut ties with Northern Ireland businesses due to the new paperwork. Pro-London lawmakers in Northern Ireland have even been blocking vital functions of Stormont, the region’s devolved assembly, until “action” has been taken on the protocol. And the row has also enraged Conservative politicians in Westminster. Johnson is now seeking to placate their demands for change.
The problem is, he’s doing so by trashing the agreement he made with the EU just three years ago. The EU has refused to bend to a new negotiation, citing the fact that Johnson agreed to the current arrangements. Brussels also fears for the integrity of the EU itself if it can’t control what enters its single market trade bloc. So in the face of EU stonewalling any mutual changes to the Protocol, it appears Johnson will attempt to override the agreement unilaterally—a move which some critics say could break international law and badly damage Britain’s reputation on the world stage.
“It's a bureaucratic change that needs to be made. Frankly it's a relatively trivial set of adjustments,” Johnson said in an LBC radio interview Monday. “All we are trying to do is have some bureaucratic simplifications between Great Britain and Northern Ireland.” The Irish government, on the other hand, called Johnson’s proposed action “deeply damaging” which would represent a “low point” in his approach to Brexit.
The proposed legislation to override the Protocol will still need to get through the British parliament, which could take months. But if successful, the consequences for the U.K., Ireland, and the EU could be huge. London’s relationship with Washington may also come under strain as Biden has repeatedly made it clear that peace in Northern Ireland is a personal priority.
Britain defies EU with 'relatively trivial' N.Ireland law
Sun, June 12, 2022,
By Elizabeth Piper and Kate Holton
LONDON (Reuters) -Britain published plans on Monday to override some post-Brexit trade rules for Northern Ireland by scrapping checks and challenging the role played by the European Union's court in a new clash with Brussels.
Despite Ireland describing the move as a "new low" and Brussels talking of damaged trust, Britain pressed ahead with what Prime Minister Boris Johnson suggested were "relatively trivial" steps to improve trade and reduce bureaucracy.
European Commission Vice President Maros Sefcovic said Brussels' reaction would be proportionate, but ruled out renegotiating the trade protocol.
Tensions have simmered for months after Britain accused the bloc of heavy-handed approach to the movement of goods between Britain and Northern Ireland - checks needed to keep an open border with EU-member Ireland.
Always the toughest part of the Brexit deal, the situation in the region has rung alarm bells in European capitals and Washington, and among business leaders. It has also heightened political tensions, with pro-British communities saying their place in the United Kingdom is being eroded.
"I'm very willing to negotiate with the EU, but they do have to be willing to change the terms of this agreement which are causing these very severe problems in Northern Ireland," British Foreign Secretary Liz Truss said.
"We're completely serious about this legislation."
Britain has pointed to the breakdown of a power-sharing administration in Northern Ireland as a reason for drafting the legislation, the first step in what could be a months-long process before the bill becomes law.
The legal advice cited the "doctrine of necessity", which is invoked when governments may take law-breaking action to protect stability, as the foundation for the move, saying the conditions had been met because of the situation in Northern Ireland.
Britain has long complained that negotiations with the EU have failed to come to fruition and the legislation is seen as an insurance policy, and possibly a bargaining chip. The bill could accommodate any solution agreed in those talks.
The new trade row comes as Britain faces its toughest economic conditions in decades, with inflation forecast to hit 10% and growth stalling. Johnson said any talk of a trade war would be a "gross, gross overreaction".
The EU's Sefcovic said the bloc will not renegotiate the protocol and called the idea "unrealistic".
"Any renegotiation would simply bring further legal uncertainty for people and businesses in Northern Ireland," Sefcovic said in a statement.
"Our aim will always be to secure the implementation of the Protocol. Our reaction to unilateral action by the UK will reflect that aim and will be proportionate."
NEW CLASH
Britain has long threatened to rip up the protocol, an agreement that kept the region under some EU rules and drew an effective customs border between Northern Ireland and the rest of the UK to prevent a back door for goods to enter the EU's vast single market.
It now plans a "green channel" for goods moving from Britain to Northern Ireland, to change tax rules and end the European Court of Justice's role as sole arbiter in disputes. It also wants a dual regulatory regime, angering companies which fear higher costs.
The move has again exposed divisions in Johnson's Conservative Party, a week after the prime minister just survived a rebellion by his own lawmakers.
Brexit supporters said it could have gone further, critics feared it again undermined London's standing in the world by challenging an international agreement.
Similar divisions were evident in Northern Ireland.
Brussels believes any unilateral change may breach international law, while Irish foreign minister Simon Coveney said that only the British government thought it was not a breach.
The EU could launch legal action or eventually review terms of the free trade deal it agreed with Britain. It has already thrown doubt on Britain's role within the $99 billion Horizon Europe research programme.
On Monday, the White House urged Britain and the EU to resolve their differences, but said it saw no impact on a U.S.-UK trade dialogue planned in Boston next week.
"The U.S. priority remains protecting the gains of the Belfast Good Friday agreement, and preserving peace, stability and prosperity for the people of Northern Ireland," White House press secretary Karine Jean-Pierre told reporters.
Asked if Britain's plans could be an impediment for June 22 U.S.-UK trade discussions or a future trade deal, Jean-Pierre said, "No, I don't believe it will be."
A spokesperson for the British embassy in Washington said there was no linkage between the dialogue, which will focus on small and medium businesses, and Britain's talks with the EU.
"The UK government is focused on doing what’s right for the people of Northern Ireland and to safeguard peace and stability," the spokesperson said.
($1 = 0.9553 euros)
(Additional reporting by Paul Sandle, Andrew MacAskill, William James, Alistair Smout and Kylie MacLellan in London, Marine Strauss and Benoit Van Overstraeten in Brussels, Padraic Halpin in Dublin and Alexandra Alper and Andrea Shalal in Washington; Editing by Louise Heavens, Mark Potter, Ed Osmond, William Maclean, Tomasz Janowski and David Gregorio)
Sun, June 12, 2022,
By Elizabeth Piper and Kate Holton
LONDON (Reuters) -Britain published plans on Monday to override some post-Brexit trade rules for Northern Ireland by scrapping checks and challenging the role played by the European Union's court in a new clash with Brussels.
Despite Ireland describing the move as a "new low" and Brussels talking of damaged trust, Britain pressed ahead with what Prime Minister Boris Johnson suggested were "relatively trivial" steps to improve trade and reduce bureaucracy.
European Commission Vice President Maros Sefcovic said Brussels' reaction would be proportionate, but ruled out renegotiating the trade protocol.
Tensions have simmered for months after Britain accused the bloc of heavy-handed approach to the movement of goods between Britain and Northern Ireland - checks needed to keep an open border with EU-member Ireland.
Always the toughest part of the Brexit deal, the situation in the region has rung alarm bells in European capitals and Washington, and among business leaders. It has also heightened political tensions, with pro-British communities saying their place in the United Kingdom is being eroded.
"I'm very willing to negotiate with the EU, but they do have to be willing to change the terms of this agreement which are causing these very severe problems in Northern Ireland," British Foreign Secretary Liz Truss said.
"We're completely serious about this legislation."
Britain has pointed to the breakdown of a power-sharing administration in Northern Ireland as a reason for drafting the legislation, the first step in what could be a months-long process before the bill becomes law.
The legal advice cited the "doctrine of necessity", which is invoked when governments may take law-breaking action to protect stability, as the foundation for the move, saying the conditions had been met because of the situation in Northern Ireland.
Britain has long complained that negotiations with the EU have failed to come to fruition and the legislation is seen as an insurance policy, and possibly a bargaining chip. The bill could accommodate any solution agreed in those talks.
The new trade row comes as Britain faces its toughest economic conditions in decades, with inflation forecast to hit 10% and growth stalling. Johnson said any talk of a trade war would be a "gross, gross overreaction".
The EU's Sefcovic said the bloc will not renegotiate the protocol and called the idea "unrealistic".
"Any renegotiation would simply bring further legal uncertainty for people and businesses in Northern Ireland," Sefcovic said in a statement.
"Our aim will always be to secure the implementation of the Protocol. Our reaction to unilateral action by the UK will reflect that aim and will be proportionate."
NEW CLASH
Britain has long threatened to rip up the protocol, an agreement that kept the region under some EU rules and drew an effective customs border between Northern Ireland and the rest of the UK to prevent a back door for goods to enter the EU's vast single market.
It now plans a "green channel" for goods moving from Britain to Northern Ireland, to change tax rules and end the European Court of Justice's role as sole arbiter in disputes. It also wants a dual regulatory regime, angering companies which fear higher costs.
The move has again exposed divisions in Johnson's Conservative Party, a week after the prime minister just survived a rebellion by his own lawmakers.
Brexit supporters said it could have gone further, critics feared it again undermined London's standing in the world by challenging an international agreement.
Similar divisions were evident in Northern Ireland.
Brussels believes any unilateral change may breach international law, while Irish foreign minister Simon Coveney said that only the British government thought it was not a breach.
The EU could launch legal action or eventually review terms of the free trade deal it agreed with Britain. It has already thrown doubt on Britain's role within the $99 billion Horizon Europe research programme.
On Monday, the White House urged Britain and the EU to resolve their differences, but said it saw no impact on a U.S.-UK trade dialogue planned in Boston next week.
"The U.S. priority remains protecting the gains of the Belfast Good Friday agreement, and preserving peace, stability and prosperity for the people of Northern Ireland," White House press secretary Karine Jean-Pierre told reporters.
Asked if Britain's plans could be an impediment for June 22 U.S.-UK trade discussions or a future trade deal, Jean-Pierre said, "No, I don't believe it will be."
A spokesperson for the British embassy in Washington said there was no linkage between the dialogue, which will focus on small and medium businesses, and Britain's talks with the EU.
"The UK government is focused on doing what’s right for the people of Northern Ireland and to safeguard peace and stability," the spokesperson said.
($1 = 0.9553 euros)
(Additional reporting by Paul Sandle, Andrew MacAskill, William James, Alistair Smout and Kylie MacLellan in London, Marine Strauss and Benoit Van Overstraeten in Brussels, Padraic Halpin in Dublin and Alexandra Alper and Andrea Shalal in Washington; Editing by Louise Heavens, Mark Potter, Ed Osmond, William Maclean, Tomasz Janowski and David Gregorio)
New Tory rift as Boris Johnson warned plan to override protocol goes against party principles
Kate Devlin
Sun, June 12, 2022,
Boris Johnson is set to open up another rift within his party, as his own MPs warn that controversial plans to override the Northern Ireland protocol go against key Conservative principles.
Tory MPs are already braced for the bill to breach international law, despite ministers’ protestations to the contrary.
A leaked briefing paper being shared among Conservative MPs describes the move, which experts have warned could provoke a trade war with the European Union, as “damaging to everything the UK and Conservatives stand for”.
The move could be as devastating to the reputation of the party as the Iraq war was for Labour, it adds.
Fears that the legislation will be used by Mr Johnson to stage a “show of strength” against Brussels were fuelled when a cabinet minister said EU countries were being “disingenuous” in their attitude to the protocol, which was jointly agreed by the UK and the EU as part of Mr Johnson’s Brexit deal.
Labour’s Jenny Chapman accused the government of deliberately “making Brexit worse” in order to divert attention from the embattled prime minister, just days after four in 10 of his own MPs voted to oust him from Downing Street.
The latest row erupted as one senior Tory MP, Charles Walker, said he would not contest the next general election because of the “guerrilla warfare” within the party.
Legislation designed to override parts of the protocol will be published on Monday.
Opposition parties have demanded that ministers reveal the source of legal advice suggesting that the government’s plans would not breach international law, following allegations it had gone “lawyer shopping”.
Many Tory MPs see the rabble-rousing over Brexit as a lurch to the right designed to shore up support for the prime minister after last Monday’s damaging confidence vote.
But the decision to push ahead with the protocol legislation risks alienating more moderate MPs, especially in Lib Dem-facing seats in the south of England.
Voters in these areas are seen as less likely to care about Brexit, and more likely to be upset by the sight of the government breaching its international obligations.
Legislation designed to override parts of the protocol will be published on Monday (Getty Images)
The briefing paper, the contents of which were first reported by the Politics Home website, also warned that the legislation risked alienating the swing voters needed to protect the union.
Rebel Tory MPs believe Mr Johnson is on borrowed time in Downing Street. They hope to spend the next few weeks persuading the 32 MPs they are hoping will switch sides that the Tory leader is a busted flush.
Before last week’s confidence vote, government sources made clear that the prime minister wanted to calm the rhetoric around Brexit, and criticised explosive briefings from allies of the foreign secretary Liz Truss.
It is unclear whether or not the legislation will also have one of its desired effects – convincing Northern Ireland’s DUP to re-enter power sharing.
Government sources said they were hopeful that the party would set out some possible next steps once it saw the detail of the bill, but would not be drawn further.
Irish prime minister Micheal Martin has already warned that the publication of a bill enabling unilateral action on the Northern Ireland protocol would mark a “historic low point”.
Labour, the Liberal Democrats and Northern Ireland’s Alliance Party have demanded ministers reveal who they consulted for legal advice on the bill.
Shadow Northern Ireland secretary Peter Kyle said ministers should release the maximum possible legal advice with “transparency about its origins”.
Lib Dem MP Alistair Carmichael, who served as a cabinet minister in the coalition government, said: “The rule about not disclosing legal advice depends on the government acting in good faith and getting the best independent advice.
“It is not apparent that they have done that here, and as a result they should not be allowed to hide behind a rule that they themselves have already broken.”
Stephen Farry, the deputy leader of the Alliance Party, said ministers should be transparent about which lawyers were consulted.
“In light of the government moving outside the normal process of legal advice, they need to be fully transparent,” he said.
Kate Devlin
Sun, June 12, 2022,
Boris Johnson is set to open up another rift within his party, as his own MPs warn that controversial plans to override the Northern Ireland protocol go against key Conservative principles.
Tory MPs are already braced for the bill to breach international law, despite ministers’ protestations to the contrary.
A leaked briefing paper being shared among Conservative MPs describes the move, which experts have warned could provoke a trade war with the European Union, as “damaging to everything the UK and Conservatives stand for”.
The move could be as devastating to the reputation of the party as the Iraq war was for Labour, it adds.
Fears that the legislation will be used by Mr Johnson to stage a “show of strength” against Brussels were fuelled when a cabinet minister said EU countries were being “disingenuous” in their attitude to the protocol, which was jointly agreed by the UK and the EU as part of Mr Johnson’s Brexit deal.
Labour’s Jenny Chapman accused the government of deliberately “making Brexit worse” in order to divert attention from the embattled prime minister, just days after four in 10 of his own MPs voted to oust him from Downing Street.
The latest row erupted as one senior Tory MP, Charles Walker, said he would not contest the next general election because of the “guerrilla warfare” within the party.
Legislation designed to override parts of the protocol will be published on Monday.
Opposition parties have demanded that ministers reveal the source of legal advice suggesting that the government’s plans would not breach international law, following allegations it had gone “lawyer shopping”.
Many Tory MPs see the rabble-rousing over Brexit as a lurch to the right designed to shore up support for the prime minister after last Monday’s damaging confidence vote.
But the decision to push ahead with the protocol legislation risks alienating more moderate MPs, especially in Lib Dem-facing seats in the south of England.
Voters in these areas are seen as less likely to care about Brexit, and more likely to be upset by the sight of the government breaching its international obligations.
Legislation designed to override parts of the protocol will be published on Monday (Getty Images)
The briefing paper, the contents of which were first reported by the Politics Home website, also warned that the legislation risked alienating the swing voters needed to protect the union.
Rebel Tory MPs believe Mr Johnson is on borrowed time in Downing Street. They hope to spend the next few weeks persuading the 32 MPs they are hoping will switch sides that the Tory leader is a busted flush.
Before last week’s confidence vote, government sources made clear that the prime minister wanted to calm the rhetoric around Brexit, and criticised explosive briefings from allies of the foreign secretary Liz Truss.
It is unclear whether or not the legislation will also have one of its desired effects – convincing Northern Ireland’s DUP to re-enter power sharing.
Government sources said they were hopeful that the party would set out some possible next steps once it saw the detail of the bill, but would not be drawn further.
Irish prime minister Micheal Martin has already warned that the publication of a bill enabling unilateral action on the Northern Ireland protocol would mark a “historic low point”.
Labour, the Liberal Democrats and Northern Ireland’s Alliance Party have demanded ministers reveal who they consulted for legal advice on the bill.
Shadow Northern Ireland secretary Peter Kyle said ministers should release the maximum possible legal advice with “transparency about its origins”.
Lib Dem MP Alistair Carmichael, who served as a cabinet minister in the coalition government, said: “The rule about not disclosing legal advice depends on the government acting in good faith and getting the best independent advice.
“It is not apparent that they have done that here, and as a result they should not be allowed to hide behind a rule that they themselves have already broken.”
Stephen Farry, the deputy leader of the Alliance Party, said ministers should be transparent about which lawyers were consulted.
“In light of the government moving outside the normal process of legal advice, they need to be fully transparent,” he said.
Boris Johnson told to reveal secret legal sources behind government’s Northern Ireland protocol legislation
Kate Devlin
Sun, June 12, 2022,
Boris Johnson is under pressure to reveal the secret sources behind advice given to his government that its controversial plans to tear up the Northern Ireland protocol are legal.
Tory MPs are already braced for the legislation, due to be published on Monday, to breach international law, despite protestations from cabinet ministers that it will be lawful.
Last week, Sir Jonathan Jones, the government’s former top lawyer, said the process of gathering legal advice felt like a “stitch-up” and “like lawyer-shopping”.
Now Labour, the Liberal Democrats and Northern Ireland’s Alliance Party have called on ministers to set aside usual practice and reveal who they consulted.
Shadow Northern Ireland secretary Peter Kyle said the government should release the legal advice it received with “transparency about its origins”.
Lib Dem MP Alistair Carmichael, who served a cabinet minister in the coalition government, said the process of obtaining independent legal advice “should not be tainted by politics”.
“It looks to me like they have gone out looking for a political judgement,” he added. “The rule about not disclosing legal advice depends on the government acting in good faith and getting the best independent advice. It is not apparent that they have done that here, and as a result they should not be allowed to hide behind a rule that they themselves have already broken.”
Sir Jonathan’s criticism followed reports that first Treasury counsel Sir James Eadie, the government’s independent barrister on national legal issues, was not consulted specifically on whether or not the planned bill would break international law.
A former cabinet minister told The Independent that not asking the opinion of the first Treasury counsel was “unprecedented”.
Meanwhile, leaked correspondence showed that a senior legal adviser had warned that it could not be “credibly” argued that there was no alternative to unilaterally overriding the Brexit agreement with Brussels.
Stephen Farry, the deputy leader of the Alliance Party in Northern Ireland, said ministers should be transparent about which lawyers had been consulted.
“In light of the government moving outside the normal process of legal advice, they need to be fully transparent,” he said.
Irish prime minister Micheal Martin has warned that publishing plans to act unilaterally in regard to the protocol would mark a “historic low point”.
Northern Ireland secretary Brandon Lewis said the government intended to set out the “legal basis” for its belief that the legislation would not breach international law.
Kate Devlin
Sun, June 12, 2022,
Boris Johnson is under pressure to reveal the secret sources behind advice given to his government that its controversial plans to tear up the Northern Ireland protocol are legal.
Tory MPs are already braced for the legislation, due to be published on Monday, to breach international law, despite protestations from cabinet ministers that it will be lawful.
Last week, Sir Jonathan Jones, the government’s former top lawyer, said the process of gathering legal advice felt like a “stitch-up” and “like lawyer-shopping”.
Now Labour, the Liberal Democrats and Northern Ireland’s Alliance Party have called on ministers to set aside usual practice and reveal who they consulted.
Shadow Northern Ireland secretary Peter Kyle said the government should release the legal advice it received with “transparency about its origins”.
Lib Dem MP Alistair Carmichael, who served a cabinet minister in the coalition government, said the process of obtaining independent legal advice “should not be tainted by politics”.
“It looks to me like they have gone out looking for a political judgement,” he added. “The rule about not disclosing legal advice depends on the government acting in good faith and getting the best independent advice. It is not apparent that they have done that here, and as a result they should not be allowed to hide behind a rule that they themselves have already broken.”
Sir Jonathan’s criticism followed reports that first Treasury counsel Sir James Eadie, the government’s independent barrister on national legal issues, was not consulted specifically on whether or not the planned bill would break international law.
A former cabinet minister told The Independent that not asking the opinion of the first Treasury counsel was “unprecedented”.
Meanwhile, leaked correspondence showed that a senior legal adviser had warned that it could not be “credibly” argued that there was no alternative to unilaterally overriding the Brexit agreement with Brussels.
Stephen Farry, the deputy leader of the Alliance Party in Northern Ireland, said ministers should be transparent about which lawyers had been consulted.
“In light of the government moving outside the normal process of legal advice, they need to be fully transparent,” he said.
Irish prime minister Micheal Martin has warned that publishing plans to act unilaterally in regard to the protocol would mark a “historic low point”.
Northern Ireland secretary Brandon Lewis said the government intended to set out the “legal basis” for its belief that the legislation would not breach international law.
Tory MPs attack Boris Johnson over plan to rip up N Ireland Brexit deal
Posted on June 12, 2022
Boris Johnson has been accused by Tory MPs of “damaging the UK and everything the Conservatives stand for” as he prepares to publish a bill to rip up his 2020 Brexit deal with the EU covering trade with Northern Ireland.
The legislation, to be published on Monday, will bring Johnson into conflict with many of his own Tory MPs, the House of Lords, the EU, lawmakers in Washington and even some business groups in Northern Ireland.
An internal note circulating among Tory MPs opposing the bill and seen by the Financial Times says the measure “breaks international law and no shopping around for rent-a-quote lawyers can hide that”.
The legislation would expunge key elements of the so-called Northern Ireland protocol, part of an international treaty with the EU. It would also give ministers sweeping powers — government officials insist they are just an “insurance policy” — to change almost every aspect of the text.
Brandon Lewis, Northern Ireland secretary, insisted on Sunday the bill was “lawful and correct” and would fix problems in the protocol, part of Johnson’s Brexit deal.
But ministers privately admit the bill could be blocked for months by the House of Lords. Lord Chris Patten, a former Tory chair who led a review of policing in Northern Ireland, said it was “complete madness”.
Johnson argues that the operation of the protocol has created political tensions and business disruption. New checks are needed for goods travelling into the region, which remains part of the EU single market for goods, from the rest of Great Britain.
But the note being shared by Tory MPs, first reported by PoliticsHome, said: “Breaking international law to rip up the prime minister’s own treaty is damaging to everything the UK and Conservatives stand for.”
Government insiders say the bill, drafted in consultation with Tory MPs from the Eurosceptic European Research Group, would fundamentally rewrite the protocol. ERG members warned they would vote against the bill unless it met their demands.
It creates a new regime for border checks: goods from Great Britain destined to stay in Northern Ireland would go through a “green lane” with no checks, while goods heading across the open border into the Republic of Ireland and the EU single market would face “red lane” checks.
The bill would also end the role of the European Court of Justice in policing the protocol, end EU control over state aid and value added tax in Northern Ireland and create a dual regulatory regime, allowing goods originating in Great Britain to circulate in the region provided they meet UK standards, rather than the EU’s.
However the bill also contains a sweeping Clause 15 which would give ministers a reserve power to rip up other aspects of the protocol if it was felt they were causing political or economic disruption in Northern Ireland.
Allies of Liz Truss, the foreign secretary who is sponsoring the bill, insisted this was a technical “insurance” clause to be used as a tidying-up exercise; sceptics at Westminster fear it could be used much more widely.
Whitehall insiders said officials had been left staggered by the scope of the new powers. One former cabinet minister said the proposals showed “utter contempt for the people of Northern Ireland”.
Some Tory MPs fear it could be used to scrap the democratic “consent vote” on the protocol that is set for 2024, where the people of Northern Ireland could decide whether to continue with it.
But government officials insisted that was neither the intention of Clause 15 nor a possible outcome, since the consent vote was enshrined in an international treaty and could not be affected by a domestic law change.
The clause, seen by the FT, would specifically protect only three parts of the protocol, covering rights of individuals, free travel and north-south co-operation in areas like health and agriculture.
Sir Jonathan Jones, the former head of the UK government’s legal department who quit last year over the government’s handling of the protocol issue, said: “They signed a binding international agreement and cannot turn off those obligations just by changing domestic law.”
Meanwhile Johnson’s argument that the protocol is damaging the economy has been contradicted by Northern Ireland’s food, meat and dairy industry in recent days which have asked for it to be retained, arguing it provided them with valuable access to international markets.
Source: Financial Times
The post Tory MPs attack Boris Johnson over plan to rip up N Ireland Brexit deal appeared first on The New York Ledger.
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