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10 September 2020
Categories: Legal News , Brexit , Constitutional law
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Row erupts over treaty breach

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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