Legal officer ‘offers resignation’ for Brexit bill row

Lord Keen, UK Government Law Officer for Scotland, has offered his resignation to the Prime Minister.

BBC Scotland understands that the General Counsel has found it difficult to reconcile plans to overturn the Brexit withdrawal agreement with the law.

Downing Street has yet to accept Lord Keen’s resignation.

The BBC’s chief political correspondent in Scotland, Glenn Campbell, said there appeared to be an effort to persuade the law enforcement officer to remain in office.

It comes amid an ongoing dispute over the UK government’s Internal Markets Act, which Northern Ireland Secretary Brandon Lewis told MPs could “violate international law” by invalidating the withdrawal agreement. signed with the EU.

However, Lord Keen later said in the House of Lords that his view was that “the bill does not in itself constitute a violation of international law or the rule of law.”

At the time, he argued that Mr. Lewis “essentially answered the wrong question.”

But the Northern Ireland secretary responded by saying his statement was a “very direct response” that he was “absolutely in line” with legal advice.

BBC political editor Laura Kuenssberg said Lord Keen’s resignation had been rumored for days and finally happened “after Brandon Lewis contradicted him this morning.”

Richard Keen had been the chairman of the Scottish Conservatives until he was appointed General Counsel in 2015, when he also became a life partner as Elie’s Baron Keen.

The QC has represented the UK government in court in a number of high-profile cases, including the extension of parliament in 2019 and the ‘Article 50’ Brexit case in 2016-17.

What is the Law of Internal Markets?

The bill sets out rules for the functioning of the UK’s internal market (trade between England, Scotland, Wales and Northern Ireland) after the end of the Brexit transition period in January.

It proposes:

• No further checks will be carried out on goods moving from Northern Ireland to the rest of Great Britain
• Give UK ministers powers to modify or “waive” rules related to the movement of goods which will come into effect from 1 January if the UK and the EU cannot reach an alternative agreement through a business agreement
• Powers to Override Previously Agreed State Aid Obligations: Government Support to Businesses

The bill explicitly states that these powers must apply even if they are incompatible with international law.

Ministers say the legislation is necessary to avoid “damaging” tariffs on goods traveling from the rest of the UK to Northern Ireland if negotiations with the EU on a free trade deal fail.

But some high-level conservatives, including former Prime Minister John Major, have warned that it runs the risk of undermining the UK’s reputation as a defender of international law.