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The majority in the British House of Commons has passed a law that partially undermines the Brexit deal with the EU and thus violates international law.
UK Prime Minister Boris Johnson was photographed during Question Time in the House of Commons last week.
Jessica Taylor / UK Parliament via AP / NTB
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Despite deep discomfort even from some members of the conservative ruling party, the bill passed 340 to 256 votes Tuesday night. The decision was expected, as Prime Minister Boris Johnson has a large majority of elected representatives behind him.
The controversial bill allows the UK government to decide for itself on certain issues related to trade between Northern Ireland and the rest of the UK. It includes decisions that violate last winter’s Brexit deal with the EU, which is binding under international law.
Just before the proposal was published, the British minister for Northern Ireland admitted that it violated international law “in a very specific and limited way.”
Legal action notified
The EU has reacted strongly and has repeatedly called on the British government to withdraw the proposal, but this has not happened. European Commission Vice President Maros Sefcovic said on Monday that the union can take legal action if the law is not changed before the end of the month.
The British government has said that the disputed parts of the law are only a safety net in case the EU interprets the withdrawal agreement in an “extreme and unreasonable” way. During consideration of the proposal, a clause was also added that the government must have the consent of the House of Commons before using the powers of the new law in violation of the withdrawal agreement with the EU.
North Ireland
The status of Northern Ireland in particular was central to the Brexit negotiations. The aim was to avoid the border barriers between Northern Ireland and Ireland, a member of the EU, and not to jeopardize peace in the area. The solution was, among other things, for Northern Ireland to follow certain EU rules to ensure the smooth flow of food, livestock and industrial products across the Irish border.
The new law says that no rules can be set that lead to new trade barriers between Northern Ireland and the rest of the UK. It is also explicitly stated that the regulations and rules established by law apply even if they conflict with existing laws or international law.
Scottish resistance
The aim of the bill, which has now been given the green light by elected representatives, is to ensure that products from one part of the UK can be sold across the country, regardless of rules set by autonomous regional authorities. This has led to opposition in Scotland, where the regional parliament believes that the London government is trying to overthrow autonomy. Therefore, the Scottish government has announced that it will deny its consent to the law.
Following the decision of the House of Commons, the bill will go to the House of Lords. Any change there means that the House of Commons must vote again before the law can go to the Queen for formal consent.
Negotiating the future
Parallel to Tuesday’s vote in the House of Commons, the ninth round of negotiations between the EU and the UK began on a free trade agreement and the future relationship between them. Time is running out for the parties, if they want to have time to reach an agreement before the transition period after Brexit expires on New Years. Now it’s less than 100 more days.
Boris Johnson has said that a deal should be ready by October 15, the day before the leaders of the EU countries meet for a summit. EU negotiator Michel Barnier has said the end of October is the last deadline if the deal is likely to be adopted before the turn of the year.
