Boris Johnson has been warned to repeat Partygate’s mistakes by backing “rule of law violations” when he announced plans Monday that are expected to spark a new Tory uprising over Brexit.
This week, frantic legal and political talks are under way between Johnson, his cabinet and lawmakers ahead of a government bill aimed at improving trade between Northern Ireland and the rest of the UK. The law will be published on Monday.
The government has received legal warnings that any plan that cancels an existing agreement with the EU – the Northern Ireland Protocol – could be considered illegal. However, despite allegations that the bill has been diluted, two sources told the Observer that it still contains clauses that effectively remove parts of the existing agreement.
Tensions are now rising and the publication of the bill is likely to reopen the issue of Brexit among conservatives. A Tory source said: “The government is lying to its own MPs and the media about the illegal focus of this bill. The Tories are repeating the vote of Owen Patterson and Partygate – again positioning the party entirely in support of breaking the law over the rule of law.
This comes after days of lawsuits and a counter-claim over the content of Monday’s bill. Some insiders say Chancellor Rishi Sunak and Equalization Secretary Michael Gove have successfully prevented the proposals from becoming too hard and provoking a furious response from the EU. There were also allegations that Sir James Idi, the first adviser to the Ministry of Finance, had not been consulted on key elements of the proposals. Whitehall sources insisted he was “happy” and was now overseeing all legal issues related to the bill.
However, others familiar with the discussions said key clauses were still included that effectively repealed the existing agreement, a move that would anger Brussels and provoke a major uprising in the Tories. Labor has already said it will oppose attempts to cancel the existing deal with Northern Ireland.
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There is still controversy over what legal advice the government has received on its proposals. Sources told the Observer that key elements of the legal councils had not been presented to the cabinet committee monitoring the plans. There are also allegations that both Sunak and Gove were bypassed and prevented from seeing the final version of the legislation, although this is disputed by government sources.
It was also found that the views on the legality of the proposals were taken by Tom Grant, an academic lawyer who worked in the US State Department during the Trump administration. He has advised on the bill and has previously written legal articles in support of a very hard Brexit. Whitehall sources said that while he offered advice, he was not a central part of the legal team.
Alistair Carmichael, a Lib Dem MP who asked the Commons questions about the legal advice on the plans, said: The government must finally clarify its attempts to shop for lucrative legal advice. We need full transparency about what advice is given and by whom. ”
Some moderate lawmakers said they were confident that Sunak and Gove had made sure the proposals were not too firm. “What will appear will not be admired [pro-Brexit Tory group] ERG, “said one source.
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