Severity 4 — Severe🌐 foreign policy08 September 2020

Internal Market Bill — The UK Government Announces It Will Break International Law

On 8 September 2020, the Northern Ireland Secretary Brandon Lewis told the House of Commons that the Internal Market Bill would break international law "in a specific and limited way". The Bill unilaterally overrode the Withdrawal Agreement that Johnson's own government had signed six months earlier. The Lord Chancellor, two former Prime Ministers, and the UK's own legal advisers objected. Scotland's top legal officer resigned.

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Boris Johnson — Conservative Party

In power 2019–2022

What happened

The Withdrawal Agreement — the legally binding treaty Johnson signed with the EU in October 2019 and which he had promised was an 'oven-ready deal' — included specific provisions on Northern Ireland designed to keep the Irish border open. These required Northern Ireland to remain aligned with EU single market rules for goods.

The Internal Market Bill proposed to give ministers the power to override these provisions by secondary legislation — without Parliament's approval. It was a proposal to break an international treaty the UK had signed ten months earlier, using a mechanism that bypassed Parliament.

Brandon Lewis's statement — 'in a specific and limited way' — became one of the most widely quoted admissions of deliberate illegality by a UK government minister in modern times. Three former Prime Ministers (Major, Blair, and Brown) wrote to The Times to say it was a 'constitutional outrage'. Geoffrey Cox, who had been Attorney General and signed off the original Withdrawal Agreement, called it 'unconscionable'.

The Bill was eventually passed with the offending provisions removed, after the EU threatened trade talks collapse. But the episode illustrated a core characteristic of Johnson's approach to governance: signing agreements he didn't intend to honour, then presenting the problem he had created as the EU's fault.

Source

House of Commons Hansard — Brandon Lewis Statement

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