header-logo header-logo

Row erupts over treaty breach

10 September 2020
Categories: Legal News , Brexit , Constitutional law
printer mail-detail
The government’s Internal Market Bill puts the UK at risk of trade sanctions from EU member states, and could breach devolution laws, lawyers have warned

The Bill gives ministers powers to ‘disapply’ rules relating to the movement of goods in the event of a no-deal Brexit.

The government scrambled to defend its controversial bill this week amid mounting criticism, including from two former Conservative Prime Ministers, United States Democrats and the EU.

Northern Ireland Secretary Brandon Lewis admitted in the House of Commons that the Bill would break international law in a ‘specific and limited way’.

Ursula von der Leyen tweeted: ‘Very concerned about announcements from the British government on its intentions to breach the Withdrawal Agreement. This would break international law and undermines trust. Pacta sunt servanda = the foundation of prosperous future relations.’ The Guardian newspaper later reported a leaked EU legal opinion that publication of the Bill itself amounted to a breach of the treaty, opening the possibility of trade sanctions or a fine under the Withdrawal Agreement’s dispute resolution procedures.

The Scottish Government said the Bill requires its consent under constitutional rules, as it engages the Sewel Convention. It opposes the Bill.

In an article for the research body, UK in a changing Europe, which is based at King’s College, London, Leicester University professor, Adam Cygan highlighted the Bill’s impact on the Northern Ireland Protocol, which aims to avoid a hard border on the island of Ireland in the event of no-deal.

The measures in the Bill ‘would provide a power to disapply or modify the requirement for export declarations or other exit procedures, retaining the ability to act as necessary if a negotiated outcome with the EU in the Joint Committee should not prove possible,’ he wrote. 

‘Clauses 41-43, if enacted, may lead to physical trade barriers between Northern Ireland and the Republic of Ireland and in doing so the UK may break its commitments under international law. This would almost certainly lead to action before the Court of Justice of the European Union which oversees the application of the Withdrawal Agreement.  If found to be in breach the UK could face a fine or trade sanctions.’

Former PMs Theresa May and John Major have both expressed concern that the Bill breaches international law and therefore undermines trust and respect in the UK. Nancy Pelosi, US Democrat and Speaker of the House of Representatives, tweeted: ‘The Good Friday Agreement is the bedrock of peace in Northern Ireland. If the UK violates its international agreements & Brexit undermines the Good Friday accord, there will be absolutely no chance of a US-UK trade agreement passing the Congress.’

However, Downing Street said the Bill was a necessary clarification of the Withdrawal Agreement, which had been ‘agreed at pace in the most challenging possible political circumstances’

MOVERS & SHAKERS

Kennedys—Samson Spanier

Kennedys—Samson Spanier

Commercial disputes practice bolstered by partner hire

Bird & Bird—Emma Radcliffe

Bird & Bird—Emma Radcliffe

London competition team expands with collective actions specialist hire

Hill Dickinson—Chris Williams

Hill Dickinson—Chris Williams

Commercial dispute resolution team in London welcomes partner

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
back-to-top-scroll