Brexit latest news: Ministers admit overriding divorce deal may ‘break international law' as senior civil servant resigns

Amy Jones
·25 min read

The Government expects to “break international law” with its proposals to override the Withdrawal Agreement, ministers have admitted.

Northern Ireland Secretary Brandon Lewis told MPs it would be in a “very specific and limited way”, adding there are “clear precedents” for countries to consider their international obligations as circumstances change.

It comes after the head of the Government’s legal department resigned over concerns that Downing Street is attempting to overrule sections of the Brexit divorce deal with new legislation.

Senior civil servant Sir Jonathan Jones is said to be “very unhappy” about the plans to overwrite parts of the Northern Ireland protocol through the Internal Market Bill.

Former prime minister Theresa May questioned how the Government could be “trusted” internationally if it does not “abide by the legal obligations of the agreements it signs”.

​Meanwhile, UK and EU negotiators are meeting in London for crunch talks in an attempt to forge a trade deal.

Read more below.

02:56 PM

Tearing up treaties is 'what rogue states do', veteran diplomat warns

Lord Kerr of Kinlochard, who served as British ambassador to Washington and Brussels, launched the scathing attack over suggestions the Prime Minister wants to row back on parts of the agreement relating to Northern Ireland.

Lord Kerr, who wrote Article 50 which triggered the formal withdrawal process, was critical of the Government seeking to act unilaterally "with a domestic law purporting to over-ride an international commitment".

"Tearing up treaties is what rogue states do. I can't recall our ever doing so," he said.

Responding, Cabinet Office Minister Lord True argued there were "ambiguities" in the Northern Ireland protocol, intended to ensure there is no return of a hard border with the Republic once the transition is over.

02:51 PM

Mini reshuffle

A small reshuffle has been triggered by the resignation of Local Government Minister Simon Clarke.

Here's who a list of who is moving where:

02:25 PM

Any questions for the PM?

Boris Johnson has appealed to the public to submit questions ahead of an anticipated press conference.

The Prime Minister’s official spokesman says there is likely to be a press conference later this week, where Mr Johnson will be “talking more about about Covid and next steps”.

02:10 PM

Government committed to upholding UK's 'word class' food standards, peers hear

Business minister Lord Grimstone of Boscobel said chlorinated chicken and hormone-injected beef were not permitted for import into the UK.

In his maiden Lords speech, Lord Grimstone said: "Food imported or produced in the UK will always be safe."

He was opening the second reading debate on the Trade Bill, which has already cleared the Commons, as talks between the UK and the EU on a post-Brexit trade deal resumed.

02:04 PM

Britain's 'honour is not for sale or barter', Tory MP warns

Sir Roger Gale, the Tory MP for North Thanet, warns that to try to re-write an international agreement would be "regarded world-wide as an act of bad faith".

He said: "Those of us who supported the Withdrawal Agreement did not expect that the Clause 38 “Get Out Of Jail” provision would be used to try to re-write an international agreement signed up to by the Prime Minister. 

"Britain is an honourable Country and that honour is not for sale or barter."

01:50 PM

Tory MP Sir Bob Neil says any breach of international law is 'unacceptable'

Conservative MP Sir Bob Neil, who earlier questioned Brandon Lewis in the Commons, said that any attempt to breach international legal obligations is "unacceptable, regardless of whether it's in a 'specific' or 'limited way'".

"Adherence to the rule of law is not negotiable," he said.

01:24 PM

Andy Street says there has been a 'notable increase' in Birmingham infection rates

The West Midlands Mayor Andy Street says there has been "a very notable increase in Birmingham and Solihull" coronavirus infection rates in the last few days.

He said the imposition of "additional restrictions" were now looking "likely" while stressing no final decisions had yet been taken.

"Everyone can see the numbers," added Mr Street. "That would be looking likely - and is in the context of a deteriorating national position, as well."

In Birmingham, the infection rate in the week ending September 5 was 62.4 cases per 100,000 while in neighbouring Solihull it was 46.1, according to NHS Digital.

01:21 PM

Sir Ed Davey says breaking international law will do 'untold damage' to UK's reputation

The new Lib Dem leader says Brandon Lewis' admission marks a "sad and shocking state of affairs for our country".

He said: "Breaking international law will do untold damage to our reputation abroad, it will make us poorer and make it harder to solve global crises like the climate emergency."

01:15 PM

Donald Trump says UK and US are 'working great together'

Donald Trump has publicly thanked Boris Johnson for his support after a Telegraph article revealed the Prime Minister said the US President was “making America great again”.

Mr Johnson made the comments during his tenure as foreign secretary in 2017.

Along with a link to the article, President Trump tweeted: "Thank you Boris, working great together!"

12:57 PM

Local Government Minister stands down

The Regional Growth and Local Government Minister Simon Clarke reveals that he is standing down "for personal reasons".

 "It has been an honour and a privilege and I hope to return to serve at a future opportunity," he says.

12:50 PM

Matt Hancock announces Bolton pub curfew

After a number of cases have been linked to pubs, Matt Hancock tells the Commons that bars, pubs and restaurants in Bolton will now only be allowed to open for takeaway.

The Government will also introduce a late night restriction of operating hours, which will mean all venues will be required to close from 10pm to 5am.

He asks young people to do their bit, saying: "I know social distancing can be hard and how it can be extra tough for students who will be starting university but please stick with it and play your part in getting this virus under control."

12:44 PM

Matt Hancock says that social distancing is 'the first line of defence' from coronavirus

The Health Secretary warns that while younger people, who are driving a spike in cases, are less likely to die from the disease "they are still at risk" and they can "infect others".

Mr Hancock says: "Just because we've come through one peak, it doesn't mean we can't see another one coming towards our shores.

"But together we can tackle it so long as we remember that in a pandemic our actions today have consequences tomorrow."

12:40 PM

'Absolutely astonishing' for Government to admit breach of international law, Labour says

Shadow Northern Ireland secretary Louise Haigh says: "Absolutely astonishing that the Secretary of State for Northern Ireland has confirmed the government WILL be in breach of international law by undermining the Northern Ireland Protocol.

"This seriously undermines our authority on the international stage."

12:32 PM

Government 'within its rights' to override Withdrawal Agreement, Sir Iain Duncan Smith says

The former Conservative leader says the Government is "quite within its rights" to revisit the Withdrawal Agreement.

He tells the Commons: "In the Act that gave effect to the Withdrawal Agreement, it's quite clear in clause 38 that the Government did reserve to itself the right to make clarifications under the sovereignty clause.

"Now given that is the case and given that when the protocol was signed the Government recognised that the state aid(s) rules would apply to Northern Ireland, this extension of them to the rest of GB is an interpretation by the EU, and the Government is quite within its rights to dispute that interpretation and use clause 38 to explain that they don't agree with that and will not implement such an agreement."

12:28 PM

Prime Minister says it is vital to ensure no ‘complacency’ among young people

Boris Johnson told this morning's Cabinet meeting that it was “vital to ensure” that young people do not go on “to inject older generations” amid rising case numbers driven by those under 25.

He said: “The Government must remain extremely vigilant and ensure that there is no complacency from the public and young people in particular in following the guidance on how to prevent the virus from spreading.”

12:26 PM

Downing Street says it is for ‘ministers to determine’ legislation after senior legal civil servant quits

The Prime Minister’s spokesman says it “for ministers to determine the legislation which is put to Parliament”, amid fears that a senior legal civil servant resigned over the Government’s plans to override the Withdrawal Agreement.

The spokesman confirms Sir Jonathan Jones’ resignation and says the Government wishes him well for the future.

He says: “We will be introducing reasonable steps to create a safety net that removes any ambiguity and ensures that the Government is always able to deliver on its commitments to the people of Northern Ireland. 

“These steps are fully in keeping with what the Government has constantly said, what we promised in our manifesto. 

“We will continue to work with the EU as we implement the protocol. At all stages we must, as a responsible government, ensure that we have the ability to uphold our commitment to the people of Northern Ireland.”

12:19 PM

Brandon Lewis admits proposed WA overriding breaks international law

The Northern Ireland Secretary is asked by Tory MP Sir Robert Neill if the Government's proposed legislation "does or potentially might breach international legal obligations".

Mr Lewis replied: "Yes, this does break international law in a very specific and limited way."

He says there are "clear precedents" of countries considering their "international obligations as circumstances change".

12:13 PM

Second senior Tory MP expresses concern

Simon Hoare says he shares Theresa May's concern that the UK is at risk of no longer being a “country that keeps its word and abides by international obligations”.

The Chairman of the Northern Ireland Select Committee asks if  Mr Lewis can give certainty that the Government "understands the seriousness of these issues". 

Mr Lewis says the Government's focus "is on concluding those in a satisfactory and suitable way to get a good outcome".

12:06 PM

Brandon Lewis says Withdrawal Agreement changes could become 'effectively irrelevant'

The Northern Ireland Secretary says the overriding changes in the Internal Market Bill will only take effect if a deal does not emerge.

He says that he hopes "we will get to a position where these do become effectively irrelevant".

11:57 AM

Labour invokes Margaret Thatcher

Labour's shadow Northern Ireland secretary Louise Haigh quoted former Tory prime minister Margaret Thatcher as she urged the Government not to renege on its commitments set out in the Withdrawal Agreement.

She told the Commons: "At the start of a new chapter for our United Kingdom, we cannot afford to be seen as a country that cannot be trusted.

"As Margaret Thatcher said 'Britain does not renounce treaties. Indeed to do so would damage our integrity as well as international relations'.

"In those interests, in the national interest, I urge the Government to stop the posturing, rediscover their responsibility and secure the deal that was promised to the people of this country."

11:49 AM

Theresa May asks how Government can be 'trusted' if it overrides Withdrawal Agreement

The former Prime Minister tells the Commons that the Government signed the Withdrawal Agreement and Parliament voted it through.

She says: "The Government is now changing the operation of that agreement. Given that, how can the Government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?"

Mr Lewis says that the Withdrawal Agreement is "not like any other treaty" and was "written on the assumption that subsequent agreements could be reached between the UK and EU".

11:44 AM

Government accused of using Northern Ireland as a 'political football'

Shadow Northern Ireland secretary Louise Haigh says that it is "deeply concerning" that the Government is "appearing to undermine our legal obligations and his own deal".

Ms Haigh says that "some fear the Prime Minister is once again using Northern Ireland as a political football to suit his wider political means".

She asks if Sir Jonathan Jones resigned "in response to these plans by the Government to bring forward legislation that will undermine our legal obligations".

11:40 AM

Brandon Lewis says Government is 'fully committed' to implementing NI protocol

The Northern Ireland Secretary is up in the Commons and says the Government is "fully committed to implementing the Withdrawal Agreement and the Northern Ireland protocol".

He tells the Commons the protocol was "designed to maintain the Belfast Good Friday Agreement" and to "protect the interests of all people in Northern Ireland". 

Mr Lewis says the Government is "taking limited and reasonable steps to create a safety net" to "deliver on its commitments to the people of Northern Ireland".

11:35 AM

Sir Jonathan Jones resigned over conflict with 'his own and ministerial obligations', FDA General Secretary claims

David Penman, the General Secretary of  the FDA union, suggests that the senior legal civil servant has resigned "over an issue that he presumably believes conflicts with his own and ministerial obligations".

He said: "Civil servants, like ministers, have an obligation to uphold the rule of law – it's extraordinary that the govt’s most senior legal adviser has decided he has no choice but to resign over an issue that he presumably believes conflicts with his own and ministerial obligations.

"In a year where we have witnessed permanent secretaries go in numbers that can't be explained simply as churn, Sir Jonathan’s resignation will stand out as an extraordinary decision of principle, representing the very best values of an impartial and professional civil service."

11:27 AM

Senior Conservative MP calls on Boris Johnson to 'repudiate' the Withdrawal Agreement

Sir Bernard Jenkin, who chairs the steering group of the pro-Brexit European Research Group, said that if there was no agreement with Brussels the UK must assert its own interpretation of the divorce deal.

"If the EU is unwilling to do a deal with us, there are two options. The first is to enact domestic legislation that will largely nullify the direct effect and direct applicability of EU law. We have the mandate and majority to do this," he said in a statement.

"Second, if the EU insists on an unreasonable interpretation of the Withdrawal Agreement, the UK must stand ready to repudiate it.

"I hope it is not necessary, but if it is the only way to achieve UK prosperity and the kind of sovereign independence which is the democratic right of any nation recognised under the UN Charter, then so be it. And most other nations would respect us for that."

11:10 AM

Matt Hancock says it will be 'a couple of weeks' until testing issues are resolved

A senior official at NHS Test and Trace earlier issued an apology to people unable to get a Covid-19 test, saying laboratories processing the tests are at a "critical pinch-point".

The Health Secretary told the Health and Social Care Committee it will be "a couple of weeks until we can get all of that sorted in the short term".

"We've already put in certain solutions to ensure people don't have to travel more than 75 miles," he adds.

"I appreciate 75 miles is far longer than you want to go, and indeed the vast majority of tests are much closer than that."

10:52 AM

Lord Falconer says civil servant departure belies 'something very rotten'

Labour's shadow attorney general Lord Falconer has described Sir Jonathan Jones as an "impressive lawyer and very decent person" and raised questions over his departure.

He said: "If he can't stay in the public service, there must be something very rotten about this Government. Reckless, law breaking, trashing the best of the UK."

10:35 AM

Chris Whitty: 'If we stop social distancing Covid comes back'

England's Chief Medical Officer Chris Whitty has echoed concerns raised by his deputy Jonathan Van-Tam about a rise in coronavirus cases.

He said: "We have, through the extraordinary efforts of the whole population, got Covid rates right down.

"They are now rising again especially in those aged 17 to 29. If we stop social distancing Covid comes back. We all need to protect others."

10:16 AM

Matt Hancock says Government is 'keeping all options open' over case spike

The Health Secretary says ministers are "concerned" about rising cases and are "keeping all options open", amid reports that the Government is set to tighten social distancing measures.

Mr Hancock tells the Health and Social Care Committee that it is "so important that people take their responsibilities seriously and people don't get relaxed about the virus".

10:08 AM

Irish commissioner to decide on UK financial services' access to EU after Brexit

Ireland’s new European Union commissioner is likely to have a pivotal role in deciding on British financial services’ access to the bloc’s markets after Brexit, James Crisp reports. 

Mairead McGuinness was announced as the replacement for Phil Hogan, the trade commissioner who was forced to resign after breaking coronavirus restrictions, on Tuesday. 

Ms McGuinness, 61, a vice-president of the European Parliament, will be influential in equivalence decisions for the City of London, as well as spearheading Brussels' efforts to lessen its dependence on London for raising funds on the international capital markets and for clearing.

Read more here:

09:49 AM

Head of Government's legal department quits over Withdrawal Agreement row

The head of the Government legal department has quit over concerns that Downing Street is attempting to override sections of the Brexit divorce deal, according to reports.

The Financial Times reports that senior civil servant Sir Jonathan Jones is “very unhappy” about the decision to overwrite parts of the Northern Ireland protocol.

The formal announcement is expected to be announced later today.

09:28 AM

Lord Lloyd Webber says he thought about turning London Palladium into a garden centre

The theatre boss confesses that he did "think of turning the London Palladium into a garden centre at one point" to get around social distancing rules.

He says that Culture Secretary Oliver Dowden is "up against a brick wall that is certainly not of his making".

Lord Lloyd Webber says that he doesn't want to "embarrass" people by sharing the "some of the remarks that we heard from Public Health England".

09:22 AM

Director of testing apologises for backlog

Sarah-Jane Marsh, one of the experts on the Government's coronavirus test and trace team, has apologised to people struggling to get a test as the system struggles to cope with demand.

In a tweet, she said: "Can I please offer my heartfelt apologies to anyone who cannot get a Covid test at present.

"All of our testing sites have capacity, which is why they don't look overcrowded, its our laboratory processing that is the critical pinch-point.

"We are doing all we can to expand quickly."

09:02 AM

Lord Lloyd Webber warns theatres are facing a 'point when we really can't go on anymore'

The theatre impresario says that theatre "is an incredibly labour-intensive business".

Lord Lloyd Webber adds: "In many ways putting on a show now is almost a labour of love. Very few shows hit the jackpot in the way a Hamilton, Lion King or Phantom Of The Opera do.

"We've just got to get theatres open."

He says that the industry needs a conditional opening date to plan for.

08:47 AM

Mairead McGuinness selected to be Ireland's new EU commissioner

Ms McGuinness was chosen today as Ireland's new EU commissioner, replacing Phil Hogan who resigned after being caught breaking coronavirus restrictions, James Crisp writes.

Valdis Dombrovskis, executive vice president of the commission and former prime minister of Latvia will take on Mr Hogan's old role as Trade Commissioner, which is one of Brussels' most influential top jobs.

Ms McGuinness, a vice-president of the European Parliament, will take over Mr Dombrovskis' old role as commissioner for financial services. 

European Commission president Ursula von der Leyen said Ms McGuinness "has great qualifications" and "my full trust" for the post.

08:39 AM

Government 'not bluffing' on Brexit deal, former minister says

The pro-Remain former cabinet minister David Gauke says that the Government is "painting themselves into a corner" with its Brexit stance.

He said: "It is of course still possible for a deal to be reached. It wouldn't be a very full deal, wouldn't be very comprehensive, but a thin deal is possible. But it doesn't seem that there is the willingness to reach a compromise."

08:16 AM

Government to reduce group gatherings, reports suggest

Ministers have expressed their concern at rising rates of coronavirus, as the UK had saw case numbers of around 3,000 for two days in a row.

ITV's Robert Peston reports that in light of the spike the Government is considering significantly reducing the threshold for lawful gatherings of people in homes from 30 to as low as six.

08:09 AM

Robert Jenrick insists he 'doesn't have any time for homophobia or sexism'

The Housing Secretary made the remarks when grilled over Tony Abbott's alleged sexist comments.

Mr Jenrick claimed that former Australian Prime Minister Julia Gillard labelled the UK's new senior trade adviser a misogynist because "she was his opponent".

“I don’t know Tony Abbott, but I am pleased we’ve managed to secure someone of his calibre to advise us on trade,” he said. 

07:43 AM

German MEP says Brexit deal must be 'in line' with EU economic and political interests

David McAllister, who leads the UK Coordination Group, says that there are "many, many good arguments" for British negotiators agreeing to level playing deal demands.

Mr McAllister claims the EU's chief negotiator Michel Barnier will be "fully concentrated on making the most out of this week's negotiating round".

"We are still interested in finding a deal," he adds.

07:28 AM

Quarantine system could be changed if it proves too confusing, Robert Jenrick says

The Housing Secretary says the current system will be kept under review and changed if it proved to be confusing.

He claims that the testing at airports would need to be made "more sophisticated" before being implemented in the UK.

"It's an attractive solution but it's not currently one which works as well as we would want it to if we were going to apply it because only a relatively small number of people who later develop the virus would be caught by being tested immediately on arrival," he said.

"If the model can be made more sophisticated in the months and weeks to come then it's something that we could adopt but we want to make sure we don't give people a false sense of security if they've been tested on arrival."

07:25 AM

Sage adviser warns UK could be moving to second wave

Professor Andrew Hayward says there is a “very worrying” increase in Covid outbreaks nationally. 

"I think that's what we're really keeping a close eye on - the extent to which it moves away from these localised outbreaks to broader community transmission," he says.

He adds that the "worrying increase in cases" could potentially "get out of hand if we're not very serious about the control measures".

Prof Hayward says that the lifting of "all of these restrictions" is happening as the weather gets colder and scientists "expect to see high levels of transmission".

07:15 AM

Today's front page

Today's Daily Telegraph leads on the news that Boris Johnson is to tell EU leaders that the Brexit divorce deal is "contradictory" and must be rewritten to protect the Union.

The Prime Minister believes the UK-EU Withdrawal Agreement is legally ambiguous and would leave Northern Ireland isolated from the rest of the UK.

You can read the report here:

07:07 AM

Warnings any violation of Good Friday Agreement could mean no US trade deal

It's not just Brussels diplomats that are concerned by reports the Government could override the Withdrawal Agreement.

Congressman Brendan Boyle said that reneging on deal would make it “very difficult” for the US to engage in trade negotiations where “trust” is an issue.

He said that any violation of the Good Friday Agreement would mean no US trade deal.

Mr Boyle said that if the UK leaves the EU "in such a way that it violates the Good Friday Agreement there will be no US-UK free trade agreement, period".

06:57 AM

Good morning

The eighth round of Brexit talks kick off in London today. The UK's chief negotiator said last night that he wanted to "see more realism" and his comments have been echoed by ministers this morning.

The Government is also coming under pressure over rising coronavirus cases.

This morning Robert Jenrick warned that people should “follow the guidance as closely as we can or else we do risk greater restrictions later”.

We'll bring you the latest here.