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Withdrawal (dis)agreement Part 2

23 September 2020 / Michael Zander KC
Issue: 7903 / Categories: Features , Brexit , Constitutional law
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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