UK government suffers defeat by House of Lords over Brexit law

Published Tue, Oct 20, 2020 · 04:36 PM

[LONDON] The upper chamber of Britain's parliament on Tuesday inflicted a symbolic defeat on the government over Brexit legislation that critics claim trashes the UK's reputation as a defender of the rule of law.

The government's internal market bill is designed to regulate trade among the country's four constituent nations - England, Scotland, Wales and Northern Ireland - after Brexit.

But it unilaterally rewrites Britain's divorce treaty with the European Union, struck last year, sparking legal action from the 27-nation bloc.

The bill has already passed the more powerful House of Commons but in the House of Lords, peers including Anglican archbishops voted by a majority of 226 to express their "regret" over its treaty-breaching provisions.

While the vote did not alter the bill's language, it sets the stage for detailed scrutiny by the lords in the coming weeks. Many want to strip out those elements, triggering a legislative tussle with the Commons before the bill can become law.

Michael Howard, a former leader of the ruling Conservatives and prominent Brexiteer, was among the dissident peers who voted for the motion against the government of Prime Minister Boris Johnson.

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"I want the United Kingdom to be an independent and sovereign state," Mr Howard said during the debate.

"But I want it to be an independent sovereign state that holds its head up high in the world, that keeps its word, that upholds the rule of law, that honours its treaty obligations." The government argues the bill is needed to prevent the fragmentation of the UK's internal market once the country is free of EU rules at the end of this year, in particular to keep Northern Ireland in the fold.

But the territory, which has a troubled history, is meant to enjoy a special status after Brexit in consultation with Brussels because it shares a border with EU member Ireland.

The bloc is angry at Britain for flouting its treaty obligations and has initiated legal action against London.

Igor Judge, a former lord chief justice who proposed the critical amendment, said: "We cannot resile from the fact that we are breaking the law if this bill is enacted." The vote came with Britain and the EU also locked in a standoff over protracted talks about their future trading relationship from next year, and the threat of a "no deal" separation is looming larger.

The EU's chief negotiator Michel Barnier urged Britain Tuesday to use the little time that remains to clinch a trade deal, but London is refusing to restart talks until Brussels promises to make concessions.

AFP

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