Brexit: Law chief quits, Boris Johnson faces Tory backlash over ‘illegal’ deal

Boris Johnson faces battle over his changes to the Brexit deal, as his top legal official resigns in protest and Tory MPs rebel.

Boris Johnson is facing a parliamentary battle as he tries to push through changes to the Brexit deal amid opposition from Labour, some Tory MPs and senior peers.

Sir Jonathan Jones, QC, the Treasury solicitor and the government’s top legal official, resigned in protest yesterday while Theresa May led the backlash over the government’s move.

The prime minister will publish new laws on Wednesday that reinterpret the withdrawal treaty in the event that Britain leaves the EU without a deal.

Opponents claim the move damages the UK’s reputation abroad and respect for the law at home.

British officials claimed on Monday that provisions in the Internal Market Bill were “limited clarifications” to protect the peace process if a free trade deal was not secured.

Brandon Lewis, Secretary of State for Northern Ireland. Picture: Getty Images.

Pressed in the Commons on whether the changes were consistent with international legal obligations, however, Brandon Lewis, the Northern Ireland secretary, said: “Yes, this does break international law in a very specific and limited way.”

Mr Lewis said that the powers the government was taking would enable ministers to “dis-apply” the EU legal concept of “direct effect” - which requires the enforcement of EU law - in “certain, very tightly defined circumstances”. He added: “There are clear precedents for the UK and indeed other countries needing to consider their international obligations as circumstances change.”

Ministers were warned by government officials that they faced breaking the ministerial code if they pressed ahead with the proposal. This put pressure on Robert Buckland, the Lord Chancellor, and Suella Braverman, the Attorney-General.

In the Commons Mrs May questioned how Britain could be “trusted to abide by the legal obligations of the agreements it signs”.

Senior figures in Brussels warned that Mr Johnson’s strategy had further eroded trust at a critical point in negotiations over a free-trade agreement. Michel Barnier, the EU’s chief negotiator, is due to arrive in London on Wednesday for talks with his British counterpart, Lord Frost, amid fears in Brussels that the move is an attempt to force the negotiations to break down

Sir Keir Starmer, the Labour leader, accused the government of “reopening old arguments” and said it should focus instead on getting a deal.

“Getting a deal is in the national interest,” he said. “That is what the public want. That is what they were promised. The outstanding issues are not difficult. They can be resolved. Let’s move on and focus on the job in hand, which is dealing with this pandemic.”

Louise Haigh, the shadow Northern Ireland secretary, said that Mr Lewis’s statement was “absolutely astonishing”.

“This seriously undermines our authority on the international stage,” she said.

A succession of Tory MPs also opposed the measure while Baroness Evans of Bowes Park, leader of the Lords, is understood to have significant concerns about the passage of the bill through the upper house.

Tobias Ellwood, the chairman of the defence select committee, said on Twitter: “Britain’s soft power on the international stage comes from our duty and resolve to defend and uphold international laws. This cannot change as we secure Brexit, otherwise our stance in holding China/Russia/Iran to account is severely weakened.”

Lord Pannick, QC, the lawyer who led two successful legal challenges to the government in the Supreme Court on behalf of Gina Miller, spoke in defence of Sir Jonathan Jones.

“There is a long and healthy tradition of senior government lawyers telling ministers in clear terms when they propose actions which will be unlawful,” he said. “It sounds as if Sir Jonathan has decided that a hard legal border is about to be crossed and he wants no part of it.”

Lord Kerr of Kinlochard, who served as British ambassador to Washington and Brussels, said: “Tearing up treaties is what rogue states do. I can’t recall our ever doing so.” Responding, Lord True, the Cabinet Office minister, argued that there were “ambiguities” in the Northern Ireland protocol.

Baroness Smith of Basildon, the Labour leader in the Lords, said: “Seeking to unilaterally over-ride a negotiated and signed treaty has serious implications for the trust in which we are held as a nation.”

There were suggestions on Tuesday that Lord Keen of Elie, the advocate general for Scotland, could quit over the breach of the law. Robert Buckland, the justice secretary, was also said to have reservations but a government source said that “he can live with it”.

Suella Braverman, the Attorney-General, and Michael Ellis, the solicitor-general, supported the government.

The Times