Commons Sense

House of Commons · Ministers' Questions

UK Internal Market Bill: Rule of Law

Tuesday 22 September 2020 · 9 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 9 Not answered 0

Key points

  • The UK Government has made provisions in the UK Internal Market Bill to address worst-case scenarios where conflict arises between domestic and international law.
  • Organizations like the Bar Council and Law Society have expressed concerns that clauses 41-45 enable derogation from international obligations and threaten the rule of law.
  • The Lord Chancellor asserts that the clauses in the Bill are a 'break glass' provision for emergency situations only and not an abandonment of legal obligations or the rule of law.

Topics (select to filter)

Questions & Answers

Q1 Marion Fellows SNP
Northern Ireland Democracy & Elections
Context

The MP is concerned about clauses in the bill that may enable ministers to derogate from obligations under international law.

Question

What assessment has been made of the implications of the UK Internal Market Bill for responsibilities in upholding the rule of law?

Answer from Robert Buckland

Absolutely committed to upholding the rule of law under oath; responsible Government must ensure ability to uphold commitments to Northern Ireland. Provision made for worst-case scenarios in case of conflict between domestic and international law.

Partly answered

Not addressed: Did not provide specific assessment on implications of the bill on responsibilities

How: With Respect To Organisations, Context: Provisions For Worst Case

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Q2 David Linden SNP
Brexit Democracy & Elections
Context

The Bar Council and the Law Society say clauses in the bill represent a challenge to rule of law.

Question

Are the statements from the Bar Council and Law Society correct that clauses 41-45 enable derogation from international obligations and threaten rule of law?

Answer from Robert Buckland

With respect to organisations, provisions made in case of conflict between domestic and international law; context: powers triggered only if EU breaches treaty obligations.

Partly answered

Not addressed: Did not directly confirm or deny accuracy of statements

How: With Respect To Organisations, Context Of Potential Dispute

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Q3 Anna McMorrin Lab Cardiff North
Democracy & Elections Foreign Affairs
Context

The former Conservative Prime Minister criticised the government for breaking international law.

Question

Why does the government prepare measures that break international law when it risks reputation and future?

Answer from Robert Buckland

Prepared for situation not wished to come about; upfront approach rather than kicking the can down the road.

Partly answered

Not addressed: Did not provide detailed explanation on specific measures or their necessity

How: Preparing For Unwanted Situation, Upfront Vs Avoidance

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Q4 Marion Fellows SNP
Brexit Standards & Ethics
Context

The Lord Chancellor will resign if the Government break law in an unacceptable way.

Question

What criteria does the Lord Chancellor use to distinguish between acceptable and unacceptable breaches of the law?

Answer from Robert Buckland

If EU acts in material breach of treaty obligations, prejudice to UK will trigger action.

Partly answered

Not addressed: Did not provide specific criteria for distinguishing breaches

How: Material Breach By Eu, Active Prejudice

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Q5 Bob Neill Con
Parliamentary Procedure Standards & Ethics
Context

Important changes accepted during Committee stage were due to pressure from Back Benchers.

Question

Did personal attacks on Lord Chancellor affect the changes made to the Bill?

Answer from Robert Buckland

Personal attacks no substitute for debate; constructive work done to ensure consistent rule of law.

Partly answered

Not addressed: Did not provide specific details on impact of personal attacks on changes made

How: Personal Attacks Vs Real Debate, Constructive Work

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Q6 David Lammy Lab Tottenham
Democracy & Elections Parliamentary Procedure
Context

The Lord Chancellor made an oath to respect the rule of law.

Question

Does Lord Keen and Jonathan Jones get it wrong in their resignation over Bill, or how can he turn up with a straight face?

Answer from Robert Buckland

Serious allegation; takes oath seriously in both languages. Made necessary preparations for worst-case scenarios.

Partly answered

Not addressed: Did not address specific reasons behind resignation or how he can adhere to oath while supporting bill

How: Serious Allegation, Oath Adherence

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Q7 David Lammy Lab Tottenham
Brexit
Context

The Bar Council, Law Society and previous Lord Chancellor claim the Brexit bill breaches international law. David Lammy references a statement from the Bingham Centre indicating clauses 42, 43 and 45 authorise breach of relevant laws.

Question

Every living Prime Minister takes that view. The Bill is not only breaching international law but also attacking domestic rule of law. The Bingham Centre states specific clauses authorise breaches of international and domestic law. Does the Lord Chancellor, as a respected barrister, now risk bringing his profession into disrepute by breaking his code of conduct?

Answer from Robert Buckland

The Lord Chancellor disagrees with claims about breach of UK domestic law or undermining the judiciary. He states every Government member upholds the rule of law and has no qualms about current actions, emphasizing full parliamentary involvement.

Partly answered

Not addressed: Did not address specific risk to professional reputation from breaching code of conduct

How: I Find It Extraordinary

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Q8 Joanna Cherry SNP
Democracy & Elections
Context

Lord Keen resigned as Advocate General, citing difficulty reconciling his role with Government policy. Dominic Grieve stated the Lord Chancellor's position is clear-cut due to oath to uphold rule of law.

Question

Both respected QCs, Lord Keen and Dominic Grieve, have expressed concerns about the Lord Chancellor's position being untenable given his oath to protect the rule of law. Why has he not resigned like Lord Keen?

Answer from Robert Buckland

The Lord Chancellor acknowledges Lord Keen's resignation but states it was unnecessary after changes to the Bill. He emphasizes that these clauses are a 'break glass' provision for emergency situations, not abandonment of obligations.

Partly answered

Not addressed: Did not address why he remains in office despite breaches

How: I Do Not Believe It Was Necessary

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Q9 Joanna Cherry SNP
Democracy & Elections Standards & Ethics
Context

In the Gulf case, England's Court of Appeal ruled that Ministers have a duty to comply with international law. Joanna Cherry questions how the Bill aligns with this ruling and Lord Chancellor's oath.

Question

The Court of Appeal ruled in 2018 that Government ministers must uphold their legal obligations including international law. This Bill gives powers to undermine these obligations, contradicting Lord Chancellor's duty to uphold rule of law. How is the Bill compatible?

Answer from Robert Buckland

The contingency for using these powers is narrowly defined. The Government will use dispute mechanisms under agreements to avoid breakdown scenarios, rejecting claims of incompatibility with rule of law or ministerial duties.

Partly answered

Not addressed: Did not address compatibility with ruling and oath

How: I Reject Her Allegations

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