Johnson Faces Fury on Brexit Plan to Break International Law

(Bloomberg) --

Boris Johnson is facing a backlash from the European Union and from within his own ruling Conservative Party after the U.K. government said it plans to break international law over Brexit.

The prime minister will take questions in Parliament on Wednesday and is likely to be put under pressure by senior Tories who fear the move will undermine trust in the U.K. around the world. At the same time, the EU’s chief negotiator, Michel Barnier, will be seeking an explanation from his British counterpart David Frost as talks continue this week in London, an EU diplomat said.

Johnson’s latest move could have huge negative consequences for the chances of reaching a deal this year on Britain’s future relationship with the EU, the diplomat added.

The controversy was sparked by Northern Ireland Secretary Brandon Lewis, who said on Tuesday that the government’s plan to re-write parts of the Brexit divorce deal it signed with the EU would be a breach of international law in a “limited and specific way.” In a draft bill, due to be published later Wednesday, the U.K. plans to revoke its commitment to keep Northern Ireland aligned with EU customs rules.

That admission caused astonishment and anger among influential rank-and-file Tories who believe the abandonment of a legally-binding treaty would hurt future attempts to secure international agreements.

“How can the government reassure future international partners that the U.K. can be trusted to abide by the legal obligations of the agreements it signs?” Johnson’s predecessor, Theresa May, asked in Parliament.

The U.K. needs to secure a trade deal with the EU by the end of 2020 or its economy will be saddled with additional costs and disruption when tariffs, quotas and customs checks are reimposed.

“I don’t think there can be a free trade agreement in circumstances where the U.K. is not honoring the withdrawal agreement,” Ireland’s deputy prime minister, Leo Varadkar, said in an RTE Radio interview Wednesday. “A country either abides by the rule of law or it does not, it honors international treaties and obligations or it does not.”

Varadkar said he still thinks that a deal can be done and that he hopes the bill is another example of “saber-rattling” from the British government but that the differences between the two sides need to be addressed urgently. “This is not a drill,” he added.

The EU diplomat, who asked not to be named in line with policy, said that European officials will study the bill once it is published and will probably wait to see what amendments are made by the House of Commons before taking a final decision on the consequences for the negotiation.

The government’s proposal to change sections of the Brexit divorce deal relating to Northern Ireland has also triggered deep concern among British officials. The U.K.’s most senior government lawyer, Jonathan Jones, resigned on Tuesday, while Rowena Collins Rice, director general at the Attorney General’s office, also left her post.

The departure of Jones shows “something pretty rotten is happening” in the government, Charles Falconer, Labour’s shadow attorney general, told Times Radio.

Damage Control

Johnson’s spokesman, James Slack, declined to comment on the reasons for Jones’s departure. Collins Rice, whose departure had been in the works for several months, is taking up another public appointment, according to a person with knowledge of the matter.

The controversy facing Johnson centers on the Brexit divorce deal’s requirement that Northern Ireland continues to be bound by the EU’s customs rules after Britain leaves the EU’s single market and customs union on Dec. 31.

That effectively established a border in the Irish Sea, with businesses in Northern Ireland facing the prospect of having to file customs paperwork if they want to move goods to the rest of the U.K.

In a bill due to be published on Wednesday, the government plans to give ministers the powers to waive the requirement for such paperwork, should the issue not be settled by joint talks with the EU this year. It also plans to give ministers the power to determine unilaterally which goods crossing from Great Britain to Northern Ireland would be liable to pay tariffs in the event the U.K. and EU fail to reach a trade accord.

Legal Challenge

Johnson’s office said the prime minister made promises prior to signing the divorce deal that he wanted to uphold, including that there would be unfettered trade between Northern Ireland and Great Britain.

The government also says that it signed the Withdrawal Agreement expecting to then reach a trade accord with the EU -- and is only providing a safety net in case those negotiations fail.

“There are clear precedents for the U.K. and indeed other countries needing to consider their international obligations as circumstances change,” Lewis said.

The government could still be leaving itself open to a challenge in the courts, risking a second major legal defeat for the prime minister. Last year, Britain’s highest court found Johnson’s decision to suspend, or prorogue, Parliament to avoid debate about Brexit was unlawful.

“That sound you hear?” tweeted George Freeman, a Conservative who represents Mid-Norfolk. “It’s the sound of the Supreme Court preparing to remind Ministers that intentionally breaking the law -- even in a very specific and limited way -- is, well, unlawful.”

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