The European Union has called on the Government to withdraw measures from a Bill that overrides Boris Johnson’s Brexit deal by the end of the month.
European Commission vice president Maros Sefcovic said violating the Withdrawal Agreement would break international law and jeopardise trade deal talks, according to an EU statement.
He told Cabinet Office minister Michael Gove “in no uncertain terms” that the “timely and full implementation” of the divorce deal is “a legal obligation”.
“Violating the terms of the Withdrawal Agreement would break international law, undermine trust and put at risk the ongoing future relationship negotiations,” the statement said.
The EU did not “accept the argument” that the UK Internal Market Bill was needed to protect the Good Friday Agreement.
“In fact, it is of the view that it does the opposite,” the statement said.
“Vice-president Maros Sefcovic called on the UK Government to withdraw these measures from the draft Bill in the shortest time possible and in any case by the end of the month.
“He stated that by putting forward this Bill, the UK has seriously damaged trust between the EU and the UK. It is now up to the UK Government to re-establish that trust.”
The statement even goes as far as to raise the spectre of sanctions if the UK does not comply.
It continues: "He reminded the UK government that the Withdrawal Agreement contains a number of mechanisms and legal remedies to address violations of the legal obligations contained in the text – which the European Union will not be shy in using."
Meanwhile, a leaked legal opinion from the EU's lawyers claims that the UK is already in breach of the Withdrawal Agreement, and could be met with sanctions, The Guardian reports.
According to the opinion, the UK has breached the good faith obligations of the agreement by tabling a bill that negates key parts of it.
However, the government has also set out its legal position, arguing that parliament would not be acting “unconstitutionally” in enacting the UK Internal Market Bill.
A statement published by the Government about the controversial legislation maintained that Parliament is sovereign over domestic law and can pass legislation that is in breach of the UK's treaty obligations.
The statement said: “The legislation which implements the Withdrawal Agreement, including the Northern Ireland Protocol, is expressly subject to the principle of parliamentary sovereignty.
“Parliament’s ability to pass provisions that would take precedence over the Withdrawal Agreement was expressly confirmed in section 38 of the European Union (Withdrawal Agreement) Act 2020, with specific reference to the EU law concept of ‘direct effect’.”
However, Cabinet Office Minister Michael Gove – who co-chairs a joint committee on the Withdrawal Agreement with Mr Sefcovic – ruled out a U-turn on the bill, saying the Government was not prepared to back down.
“I explained to vice president Sefcovic that we could not and would not do that,” he told reporters following the meeting.
“I made it perfectly clear to vice president Sefcovic that we would not be withdrawing this legislation. He understood that. Of course he regretted it.”