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Friends and former colleagues of the government’s attorney Sir Jonathan Jones said his resignation suggested he had been put in an intolerable position, and a cabinet minister admitted that the government intended to violate the law.
Jones resigned Tuesday, without giving reasons in his exit email to colleagues, but Whitehall sources and former colleagues said he had clashed with Attorney General Suella Braverman over the government’s intention to overturn parts of the retirement agreement. .
It is understood that external legal advice was sought, which also warned that the measure went against international law. Northern Ireland Secretary Brandon Lewis confirmed that the change “violates international law in a very specific and limited way.”
Friends of Jones suggested that he had been dissatisfied for some time. They pointed to a tweet referring to attorney David Allen Green, who had criticized the Interior Ministry for blaming “activist lawyers” for stopping deportation flights. Green noted that “activist lawyers are only as effective as the law allows them to be… So what the Home Secretary means is that the law itself and the courts are thwarting the layoffs. And that, Secretary of the Interior, is called ‘rule of law’ ”.
Jones’ resignation was greeted with consternation by lawyers and politicians alike. Charlie Falconer, the former attorney general, said: “He’s very modest, he’s very smart, a cerebral but not pompous lawyer, and he always saw that his role was to find pragmatic solutions for the government he served.
“He’s getting away from the spotlight, so I’m absolutely in awe. He is not at all the type of person who does something dramatic. It is always practical. He would never have quit if the QC had advised him a different point of view: it is totally without personal importance. “
Philippe Sands QC, professor of law and director of the Center for International Courts and Tribunals at University College London, said he believed that for Jones, the dispute over breaking the international agreement with the EU was “the straw that broke the camel’s back.”
“Their participation raises very serious questions for other public officials about how to offer legal advice,” Sands said. “It also raises very serious questions about the UK’s commitment to the rule of law. The UK abroad has been known for being very careful. Their respect for a country they have admired in their commitment to the rule of law is crumbling. Among those charged with providing legal advice to the government, morale is very low. “
Keir Starmer said he had met Jones during his career as a prosecutor. “Jonathan is a first-class attorney who has provided excellent advice over the years, and I am absolutely sure he would not have done it lightly,” said the Labor leader.
Dominic Grieve, the former attorney general who employed Jones seven years ago, described him as a “discreet and honorable” public servant who would have made a decision after exhausting all other options. “The attorney general should not remain in office. It undermines the rule of law and undermines the position of this country, ”he said.
Lord Anderson, the former independent reviewer of the terrorism legislation, said he would ask an urgent question in the House of Lords about the proposed illegality. He said the appeals court had explicitly ruled in 2018 that the ministerial code applied to both national and international law.
John Bowers, the employment QC, said it was “very disturbing to see the resignation of the excellent Jonathan Jones – it feels like we are experiencing a constitutional coup.”
Law Society President Simon Davis also expressed concern, saying: “The rule of law is non-negotiable. Our commitment to the rule of law is key to attracting international business to the UK and maintaining faith in our judicial system. “
Jessica Simor QC, who sits on three of the Attorney General’s legal panels and was involved in the Article 50 Brexit case, said: “Officials provide impartial advice to ministers that they must follow when it comes to the law. . If they tell them it’s illegal, then they shouldn’t do it, which is why, presumably, Brandon Lewis didn’t lie to parliament.
“He has clearly been given that advice and if he had said anything else, he would be lying to parliament… But what is the point? [for Jonathan Jones] to be a paid legal advisor if your advice is ignored? You cannot continue. “