header-logo header-logo

Withdrawal (dis)agreement Part 2

23 September 2020 / Michael Zander KC
Issue: 7903 / Categories: Features , Brexit , Constitutional law
printer mail-detail
28041
The Internal Market Bill—how will it end? Michael Zander considers whether the Lords will allow the Bill to go through

In brief

  • Clauses that are admitted to authorise a breach of international law could not be said to be covered by the Salisbury Convention.

The controversial clauses—breaking international law and barring judicial review—were duly approved by the Commons by large majorities in the Committee stage of the Bill on Monday. But will they be rejected by the Lords and if so, will the Lords insist, preventing passage of the Bill under the Parliament Act?

The Government will have been seriously discomfited by Mrs Theresa May’s powerful speech (see opposite page) denouncing the offending clauses. (‘I can say to the Minister that, in my view, clauses 41 to 45 have no place in this Bill.’) Her speech will deservedly be quoted over and over again in the Lords.

Sir Robert (Bob) Neill, Conservative, Chairman of the Justice Select Committee, told the Commons he was satisfied by the Government’s amendment requiring

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll