We knew this was going to happen, but there was a certain pleasure in seeing it happen. The House of Lords today inflicted a symbolic defeat on the government of British Prime Minister Boris Johnson over Brexit legislation that critics say destroys international law.
The UK government’s internal market bill is designed to regulate trade between the country’s four constituent parts (England, Scotland, Wales and Northern Ireland) after Brexit.
But it unilaterally rewrites the EU-UK divorce treaty, prompting legal action by the Brussels Commission. Most important from an Irish point of view, it alters the special commercial status accorded to Northern Ireland, raising questions about the fragile peace.
This bill has already been approved by the most powerful House of Commons. But in the House of Lords it was rejected by a majority of 226 members, including Protestant bishops, who expressed “regret” over provisions that violated the treaty.
Therefore, the so-called “Lords” will return to this bill in the coming weeks and review its offending clauses. Realpolitik tells us that there can only be delays, but do not completely rule out this political theater.
Michael Howard, a former Conservative Party leader and prominent Brexit supporter, was one of the dissidents who voted against his government of the party itself.
“I want the UK to be an independent and sovereign state. But I want it to be an independent sovereign state that holds its head high in the world, keeps its word, upholds the rule of law, upholds its treaty obligations.
The UK government’s argument remains the same. It says this bill prevents the fragmentation of the UK’s own domestic market once it commercially exits the EU at the end of this year. Otherwise, Northern Ireland could be cut off, goes that false argument.
That vote came with the UK and the EU also locked in a stalemate by protracted talks about their future trade relationship starting next year, and the threat of a no-deal separation looming more and more.
All very well. The biggest issue is the restart of talks on a new post-Brexit trade deal between the EU and the UK after some melodramatic wasted time last weekend.
The EU’s chief negotiator, Michel Barnier, today urged the UK to use the short time left to close a trade deal. But London refuses to restart talks until Brussels promises concessions.
Both sides will soon return to actual negotiations, but first there are some “slobber things” to process. The UK still says it has not changed its position on the futility of further talks with the EU on that vital trade deal.
We hope helpful background contacts are spurring action.