MPs voted 340-263 for the Bill, which gives ministers powers to ‘disapply’ rules relating to the movement of goods between Northern Ireland and Great Britain and to State aid ‘notwithstanding’ any incompatibility with international law or domestic law.
Attorney-General Suella Braverman had issued a statement defending the Bill under the principle of Parliamentary sovereignty.
However, her predecessor Cox QC labelled the Prime Minister’s actions ‘unconscionable’, and warned ministers have ‘a duty to interpret and execute both the [Withdrawal] Agreement and the [Northern Ireland] Protocol in good faith’.
Northern Ireland Secretary Brandon Lewis had previously told the House of Commons the Bill breached international law ‘in a specific and limited way’.
Law Society president Simon Davis said: ‘The rule of law is under attack.
‘It is because of our commitment to the rule of law that our system of justice is respected globally, that countries want to do trade deals with the UK.’
A Law Society and Bar Council briefing on the Bill highlighted that Clauses 41-45 ‘enable ministers to derogate from the obligations of the UK under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations.
‘They represent a direct challenge to the rule of law, which includes the country’s obligations under public international law.’ There was a ‘significant risk of violation’ of international law, the briefing noted, which would have implications for ‘the UK’s position as a centre for international legal practice and dispute resolution, and the global use of English law’.
Moreover, there would be ‘negative consequences’ in relation to ‘civil judicial cooperation and enforcement of judgments. The Bill could be highly prejudicial to the government’s application to accede to the Lugano Convention,’ and ‘the provisions could raise significant conflict… with regard to judicial review.’
There are reports this week that the government may climb down to the extent of adopting Sir Bob Neill MP’s amendment, which would give Parliament rather than Ministers the role of initiating any breach of international law.
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