Matt Hancock 'comfortable' with UK breaching international law over Brexit as anger erupts in Westminster and Brussels

Rebecca Speare-Cole9 September 2020

Matt Hancock has said he is “comfortable” with the fact the UK is willing to break international law on the EU withdrawal agreement as anger mounts in both Brussels and Westminster.

Ministers are standing defiant after Northern Ireland Secretary Brandon Lewis confirmed that a Bill clarifying Boris Johnson's deal would breach the international treaty he signed before Christmas.

The move has triggered an intense Tory mutiny while the EU has responded furiously, with European Parliament president David Sassoli warning of "serious consequences".

But the Heath Secretary said on Wednesday morning that breaking international law by overriding the Withdrawal Agreement is necessary to preserve peace in Northern Ireland if a trade deal with the EU is not brokered.

Cabinet minister admits PM's Brexit plan 'does break international law'

When asked by Times Radio if he was comfortable with a minister saying the UK was willing to break international law, he replied: “I am.”

He continued: “The primary international obligation around this issue is to protect the peace process in Northern Ireland and I very much hope we conclude a deal before the end of the transition period.

“I think that we will and it is in everybody’s interest to do so as we did last time, but I also understand why ministers have chosen to prioritise at the absolute top of that the importance of protecting the peace process in Northern Ireland.”

The row has intensified with MPs across the political divide condemning the Government's position.

Brexit flags in Westminster
AP

Senior Tory MP Tobias Ellwood warned Mr Johnson that breaching international law would “go against everything we believe in”.

The Chairman of the Commons defence committee told BBC Radio 4’s Today programme: “As negotiations go down to the wire let’s not lose sight of who we are and what we stand for.

“This is about the rule of law and our resolve and commitment to uphold it. To unilaterally ignore any treaty in its obligations which we’ve signed and submitted to the United Nations would actually go against everything we believe in.”

He also said that it would mean the UK would “lose the moral high ground”.

Michel Barnier arrives in London for negotiations
PA

Labour leader Sir Keir Starmer insisted it was "wrong" for the UK to break its word.

Theresa May warned there could be no back-tracking on the Withdrawal Agreement, which was approved by MPs in January.

Earlier, the row prompted the resignation of Sir Jonathan Jones, head of the Government's legal department

Sir Bob Neill, chairman of the Commons justice committee, said he would vote against the 'very troubling' plans.

Boris Johnson leaves Downing Street
AFP via Getty Images

He added: "No country can ever break its international obligations. The UK and the Conservative Party are all about the rule of law."

French MEP Nathalie Loiseau said she was “flabbergasted” by the Government’s admission, saying: "The ink of the Withdrawal Agreement is still wet.

“We’re negotiating the future relationship and we hear that the British Government seems not to believe anymore in a rules-based order.

“This is of course a huge concern. And it creates questions and scepticism about how much you can trust your partner in negotiation for the future.

David Frost is taking part in the latest round of negotiations
AP

“You don’t break international commitments in specific and limited manners. Either you break them or you abide by them. Either you are legal or you are illegal.”

European Parliament President David Sassoli said any attempts by the UK to undermine the Withdrawal Agreement would have “serious consequences”.

In a statement, Mr Sassoli said: “On the implementation of the Withdrawal Agreement, trust and credibility are key.

“We fully expect the UK to honour the commitments that it negotiated and signed up to last year – especially with regard to citizens’ rights and Northern Ireland.

He added: “Pacta sunt servanda (agreements must be kept). Any attempts by the UK to undermine the agreement would have serious consequences.”

However, Former Tory leader Sir Iain Duncan Smith said the Government was "quite within its rights" to take unilateral action.

Sir Bernard Jenkin, chairman of the Commons liaison committee, also said: "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 then so be it."

The proposed changes will prevent the blanket imposition of EU tariffs on goods being sent from the mainland to Northern Ireland.

Ministers have also acted to prevent the EU extending jurisdiction on state aid rules in Northern Ireland to the rest of the UK.

But the decision to override the "direct effect of EU law" in these areas is threatening hopes of a Brexit deal.

It comes as formal negotiations rbetween Mr Johnson's chief negotiator, David Frost, and his EU counterpart Michel Barnier resumed on Tuesday in London.