Brexit: David Cameron joins former PMs warning
against Boris Johnson's bill
Ex-attorney general Geoffrey Cox says breaking
international law risks damaging UK’s standing
Peter
Walker Political correspondent
@peterwalker99
Mon 14 Sep
2020 13.42 BSTFirst published on Mon 14 Sep 2020 09.27 BST
David
Cameron has become the third former Conservative prime minister to express
disquiet about Boris Johnson’s proposal to breach international law by
unilaterally redrafting part of the Brexit deal with the EU, saying he had
“misgivings” about the idea.
In comments
on Monday, before MPs began debating the internal market bill that sets out the
plans, Cameron said: “Passing an act of parliament and then going on to break
an international treaty obligation is the very, very last thing you should contemplate.
“It should
be an absolute final resort. So, I do have misgivings about what’s being
proposed.”
Theresa May
and John Major have warned in stronger terms about the plans, saying they could
damage the UK’s international reputation, as has another former Conservative
leader, Michael Howard.
Cameron
said he also had to consider that the UK was “in a vital negotiation with the
EU to get a deal and I think we have to keep that context, that big prize in
mind”.
He added:
“And that’s why I have perhaps held back from saying more up to now.”
The
comments come amid a potential Tory backbench rebellion about the plan, with
the former attorney general Geoffrey Cox saying on Monday that breaking
international law risked causing “very long-term and permanent damage to this
country’s reputation”.
Ahead of
the second reading of the bill, the first opportunity MPs will have to debate
it, Cox said he understood government arguments that the EU was acting in bad
faith over the Brexit withdrawal agreement.
“But what
you can’t do, and what I think is wrong, is to abandon an agreement, to rewrite
unilaterally parts of an agreement, which you only signed nine months ago, and
to which we have given our solemn word,” he told Times Radio.
He added:
“The breaking of the law, ultimately, leads to very long-term and permanent
damage to this country’s reputation. And it’s also a question of honour, to me.
We signed up, we knew what we were signing. We simply can’t seek to nullify
those ordinary consequences of doing that.”
Cox did,
however, indicate that while he could not support the bill as it stood, this
could change: “If the government were to say that these powers will only be
used in these specific circumstances, where it would be lawful to act in this
way, then that might well be a different position. But I haven’t had those
assurances yet.”
Hours after
Cox’s comment, another Brexit-backing Tory MP and former barrister, Rehman
Chishti, a key backer of Johnson in the Tory leadership contest, also said he
could not support the bill.
Chishti resigned
as the prime minister’s envoy on religious freedom in order to withdraw his
support for the legislation, underlining how uncomfortable many current and
former lawyers on the Conservative benches are with the proposed bill.
“I will not
be able to support this bill as a matter of principle. I have real concerns
with the UK breaking its legal commitments under the withdrawal agreement,” he
said.
“During my
10 years in parliament and before that as a barrister, I have always acted in a
manner which respects the rule of law. I feel strongly about keeping the
commitments we make, if we give our word, then we must honour it. Voting for
this bill as it currently stands would be contrary to the values I hold
dearest.”
Defending
the government’s stance, the policing minister, Kit Malthouse, said that even
with his job he had no qualms about supporting a measure that potentially broke
international law.
“I’m
policing minister, so I’m responsible for the criminal law, and this is
obviously a civil matter and an international law matter,” he told BBC1’s
Breakfast programme.
Malthouse
argued that the action was needed because the EU had threatened to potentially
threaten food exports to Northern Ireland from Great Britain, which Brussels
has rejected.
He said:
“The lawyers will bat it backwards and forwards, I have absolutely no doubt
about that. But from my point of view, as a non-lawyer, I’m looking at the
practical effect.”
Malthouse
rejected the idea that the government planning to break the law could prompt
people to ignore UK laws, for example new rules on coronavirus: “We think it is
a good example.”
Labour’s
shadow business secretary, Ed Miliband, disagreed, saying: “How can we on the
one hand be saying you’ve got to obey the law, which we all say rightly as
legislators, and then the government comes along and says, well it’s OK for us
to break the law because it’s specific and limited. We can’t be having that.”
The Labour
leader, Sir Keir Starmer, echoed this on his monthly call-in appearance on LBC
radio. “Here we are, on the world stage for the first time in many years on our
own, and what’s the first thing we do? We break a treaty,” he told one
listener.
Starmer said
many people would be baffled at Johnson’s row with the EU: “I think the vast
majority of the population would say, ‘What on earth is going on? You’re
reopening things that we thought were closed. You said you’d get a deal, get on
and get a deal.’ ”
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