Northern Ireland Protocol: UK Legal Obligations

Andrew Gwynne Excerpts

Tuesday 8th September 2020 Commons Chamber

[Brandon Lewis]

I would say to my hon. Friend that yes, this does break international law in a very specific and limited way. We are taking the power to disapply the EU law concept of direct effect, required by article 4, in certain very tightly defined circumstances. There are clear precedents of this for the UK and, indeed, other countries needing to consider their international obligations as circumstances change. I say to hon. Members here, many of whom would have been in this House when we passed the Finance Act 2013, that that Act contains an example of treaty override. It contains provisions that expressly disapply international tax treaties to the extent that these conflict with the general anti-abuse rule. I say to my hon. Friend that we are determined to ensure that we are delivering on the agreement that we have in the protocol, and our leading priority is to do that through the negotiations and through the Joint Committee work. The clauses that will be in the Bill tomorrow are specifically there should that fail, ensuring that we can deliver on our commitment to the people of Northern Ireland.

[Andrew Gwynne (Denton and Reddish) (Lab) [V]]

I am astounded that the Secretary of State has just conceded that he is proposing to break international law. Perhaps for the first time I agree with the right hon. Member for Maidenhead (Mrs May). It is a question of trust when it comes to signing international treaties. We cannot condemn others for seemingly breaking the international rules-based order if we are prepared to do the same. It is incredibly damaging to our reputation if we are seeking to acquire trade treaties and the UK internal market Bill tomorrow seeks to disapply section 7A of the European Union (Withdrawal) Act 2018. That would be a clear breach of our international obligations, and for that reason should he not rule it out?

[Brandon Lewis]

As I have said several times today, obviously our focus is on ensuring that none of these clauses is required because we are able to secure a free trade agreement through the negotiations, which are ongoing this very day in London, as well as through the work of the Joint Committee. These clauses will simply put in place reasonable and limited structures to ensure that, should those negotiations not come to a satisfactory conclusion, in January we are able to show that we are delivering unfettered access for the people of Northern Ireland and ensuring that Northern Ireland remains an integral part of the UK customs territory and single market.