Read on Twitter
Some initial thoughts on the EU law aspects of the internal market bill
First of all, as the minister admitted yesterday, this bill, if adopted, definitely breaches the withdrawal agreement https://twitter.com/lisaocarroll/status/1303662883042136066
First of all, as the minister admitted yesterday, this bill, if adopted, definitely breaches the withdrawal agreement https://twitter.com/lisaocarroll/status/1303662883042136066
Clause 42.5 says that a minister can exercise power over exit procedures from NI to GB in a way as to disapply international law. Clause 45.4 defines "international law" to include the withdrawal agreement and the NI protocol.
Next, the State aid clause is more blatant, stating that the minister can disapply the State aid Article in the NI Protocol, and can also block the jurisdiction of the CJEU and Commission decisions over State aid based on the protocol.
The bill specifically sets out that these two clauses in the bill apply in domestic law notwithstanding international law, including the withdrawal agreement and the protocol.
The bill doesn't include anything on customs re movement of goods from GB to NI. Presumably that will be in a finance bill; I don't know the timing on that.
The govt is not purporting to denounce the entire withdrawal agreement. The proposal is to legislate to give ministers powers to breach certain parts of it - *not* all of it - in domestic law. The bill would not, for instance, affect the law as regards EU citizens in the UK.
Whether the EU might take legal or political action remains to be seen. Here's my previous explanation of the legal aspects of breach or termination of the withdrawal agreement. https://twitter.com/StevePeers/status/1303315625251672066?s=19
The bill is not law until passed by Parliament. Reminder that the Parliament Acts allow the House of Lords to delay bills by a year. This does not apply to money bills, ie the finance bill that might include provisions on the customs aspects of the protocol.
The bill's proposal to give ministers powers to breach the withdrawal agreement do *not* concern the parts of it renegotiated by Johnson. However, the upcoming finance bill may concern a clause he renegotiated. https://twitter.com/ABriefRemarks/status/1303674914818400256?s=20
It follows that as far as the internal market bill is concerned, the govt's "the withdrawal agreement was negotiated in a rush" excuse doesn't hold any water - because the bits of the agreement that the bill would allow ministers to breach date back to the Theresa May version
