header-logo header-logo

15 September 2020
Issue: 7902 / Categories: Legal News , Brexit , Constitutional law
printer mail-detail

Breaking international law

The controversial Internal Market Bill survived its second reading this week, despite unprecedented condemnation from senior lawyers, including former Conservative attorneys general Geoffrey Cox, Jeremy Wright and Dominic Grieve

MPs voted 340-263 for the Bill, which gives ministers powers to ‘disapply’ rules relating to the movement of goods between Northern Ireland and Great Britain and to State aid ‘notwithstanding’ any incompatibility with international law or domestic law.

Attorney-General Suella Braverman had issued a statement defending the Bill under the principle of Parliamentary sovereignty.

However, her predecessor Cox QC labelled the Prime Minister’s actions ‘unconscionable’, and warned ministers have ‘a duty to interpret and execute both the [Withdrawal] Agreement and the [Northern Ireland] Protocol in good faith’.

Northern Ireland Secretary Brandon Lewis had previously told the House of Commons the Bill breached international law ‘in a specific and limited way’.

Law Society president Simon Davis said: ‘The rule of law is under attack.

‘It is because of our commitment to the rule of law that our system of justice is respected globally, that countries want to do trade deals with the UK.’

A Law Society and Bar Council briefing on the Bill highlighted that Clauses 41-45 ‘enable ministers to derogate from the obligations of the UK under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations.

‘They represent a direct challenge to the rule of law, which includes the country’s obligations under public international law.’ There was a ‘significant risk of violation’ of international law, the briefing noted, which would have implications for ‘the UK’s position as a centre for international legal practice and dispute resolution, and the global use of English law’.

Moreover, there would be ‘negative consequences’ in relation to ‘civil judicial cooperation and enforcement of judgments. The Bill could be highly prejudicial to the government’s application to accede to the Lugano Convention,’ and ‘the provisions could raise significant conflict… with regard to judicial review.’

There are reports this week that the government may climb down to the extent of adopting Sir Bob Neill MP’s amendment, which would give Parliament rather than Ministers the role of initiating any breach of international law.

 

Issue: 7902 / Categories: Legal News , Brexit , Constitutional law
printer mail-details

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll