UK Internal Market Bill Rule of Law 2020-09-22
2020-09-22
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The MP is concerned about clauses in the bill that may enable ministers to derogate from obligations under international law.
What assessment has been made of the implications of the UK Internal Market Bill for responsibilities in upholding the rule of law?
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.
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Assessment & feedback
Did not provide specific assessment on implications of the bill on responsibilities
With Respect To Organisations
Context: Provisions For Worst Case
Response accuracy
Q2
Partial Answer
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Context
The Bar Council and the Law Society say clauses in the bill represent a challenge to rule of law.
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?
With respect to organisations, provisions made in case of conflict between domestic and international law; context: powers triggered only if EU breaches treaty obligations.
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Assessment & feedback
Did not directly confirm or deny accuracy of statements
With Respect To Organisations
Context Of Potential Dispute
Response accuracy
Q3
Partial Answer
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Context
The former Conservative Prime Minister criticised the government for breaking international law.
Why does the government prepare measures that break international law when it risks reputation and future?
Prepared for situation not wished to come about; upfront approach rather than kicking the can down the road.
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Assessment & feedback
Did not provide detailed explanation on specific measures or their necessity
Preparing For Unwanted Situation
Upfront Vs Avoidance
Response accuracy
Q4
Partial Answer
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Context
The Lord Chancellor will resign if the Government break law in an unacceptable way.
What criteria does the Lord Chancellor use to distinguish between acceptable and unacceptable breaches of the law?
If EU acts in material breach of treaty obligations, prejudice to UK will trigger action.
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Assessment & feedback
Did not provide specific criteria for distinguishing breaches
Material Breach By Eu
Active Prejudice
Response accuracy
Q5
Partial Answer
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Context
Important changes accepted during Committee stage were due to pressure from Back Benchers.
Did personal attacks on Lord Chancellor affect the changes made to the Bill?
Personal attacks no substitute for debate; constructive work done to ensure consistent rule of law.
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Assessment & feedback
Did not provide specific details on impact of personal attacks on changes made
Personal Attacks Vs Real Debate
Constructive Work
Response accuracy
Q6
Partial Answer
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Context
The Lord Chancellor made an oath to respect the rule of law.
Does Lord Keen and Jonathan Jones get it wrong in their resignation over Bill, or how can he turn up with a straight face?
Serious allegation; takes oath seriously in both languages. Made necessary preparations for worst-case scenarios.
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Assessment & feedback
Did not address specific reasons behind resignation or how he can adhere to oath while supporting bill
Serious Allegation
Oath Adherence
Response accuracy
Q7
Partial Answer
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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.
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?
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.
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Assessment & feedback
Did not address specific risk to professional reputation from breaching code of conduct
I Find It Extraordinary
Response accuracy
Q8
Partial Answer
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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.
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?
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.
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Assessment & feedback
Did not address why he remains in office despite breaches
I Do Not Believe It Was Necessary
Response accuracy
Q9
Partial Answer
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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.
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?
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.
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Assessment & feedback
Did not address compatibility with ruling and oath
I Reject Her Allegations
Response accuracy