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H.M. Government
The government’s most senior lawyer plans to step down from his post, which could change the Brexit withdrawal agreement.
It is understood that Sir Jonathan Jones, the permanent secretary to the government’s legal department, was unhappy with the unveiling of the new bill on Wednesday.
He has resigned and will step down before his five-year term ends on April 5.
He is the sixth senior citizen servant to announce his departure this year
The BBC’s political editor Laura Queensburgh said Sir Jonathan believes the plans go too far in violating the government’s obligations under international law.
A spokesman for the Attorney General’s Office confirmed that Sir Jonathan had resigned, but did not comment further.
The Financial Times, which reported the first story, linked his departure to “suggestions to Boris Johnson trying to return to parts of last year’s Northern Ireland-related Brexit deal.”
The newspaper added that people close to Sir Jonathan said they were “very unhappy” with the decision to rewrite parts of the Northern Ireland Protocol.
The resignation comes as the UK government unveils an internal market bill that could affect post-Brexit customs and trade rules in Northern Ireland.
Under the UK’s exit deal, Northern Ireland will be part of the EU’s single market for goods to avoid creating a tight border with the Irish Republic.
In parallel with negotiations on post-Brexit trade deals, the UK and the EU are negotiating the exact nature of the new custom checks that will be required.
Violation of international law
On Tuesday, Northern Ireland Secretary Brandon Lewis said the bill would provide the UK with a “safety net” if border management failed.
He told lawmakers that the bill would “violate international law in a very specific and limited way” by giving UK ministers the power to override Rational Union law “under tightly determined circumstances” if border talks broke down.
But he insisted that the UK’s “top priority” was to try to work on the application of the protocol through negotiations with the EU.
Officers are standing below
Sir Jonathan is the most recent permanent secretary – a senior civil servant – head of the government department – leaving the post this year.
Colin Rice, director general of the attorney general’s office fees, will also step down, the government confirmed on Tuesday.
She is expected to take on a new public role. Her departure was the result of a “process that lasted several months,” officials said.
In early September, Simon Case was appointed cabinet secretary and head of the civil service, after his predecessor, Sir Mark Sedwill, stepped down.
Reports of tensions between him and senior members of Mr Johnson’s team came after Sir Mark’s exit.
Sir Jonathan, who is QC, was equipped in December 2019 to provide legal services to his government. Honors recognized his work on constitutional issues and the EU withdrawal agreement.
‘Very rotten’
In response to Sir Jonathan’s resignation, the shadow attorney general, Lord Charlie Faulkner, said he was “an influential lawyer and a loyal civil servant.”
He added: “If he can’t stay in the public service, there must be something weak about this government. This resignation suggests that senior government prosecutors believe the government is going to break the law.”
Liberal Democrat Brexit spokeswoman Christine Jardine said it was “surprising” that Sir Jonathan had resigned in response to the government’s approach.
He added, “Any honesty plan of any government will be obscured by these plans.”
FDA General Secretary Dave Penman – who represents senior civil servants – said both ministers and officials are committed to upholding the rule of law.
“It is extraordinary that the government’s most senior legal adviser has decided he will resign over an issue that he possibly believes conflicts with his own and cabinet responsibilities.”
