Row erupts over treaty breach

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’