My loathsome MP has actually replied to my letter re the IMB and breaking International Law. This is a step up from previously failing to reply to letters including on prorogation. Unfortunately it says the following - any suggestions of how to reply on key points welcomed!
^Thank you for your email about international law and the UK Internal Market Bill.
I have noted the points you make and would comment as follows:
There has been much speculation about the Government’s commitment to treaty obligations and international law. However, I believe that some of the commentary has misrepresented the situation. It goes without saying that my ministerial colleagues and I are committed to the rule of law as determined by a democratically elected Parliament.
The UK Internal Market Bill is fundamentally about protecting the integrity of the United Kingdom. The Prime Minister made this clear when he introduced the Bill in the House of Commons. The Bill will support the provision of more powers for all parts of the UK and ensure that businesses can continue to trade seamlessly across the UK – just as they have done for hundreds of years. As we recover from the Coronavirus pandemic, it will also help to protect jobs and support our economic recovery.
With regard to the provisions on the Northern Ireland Protocol which much as been made of, you should know that the Protocol contains inconsistencies that the UK and EU had intended to resolve by the end of the year. The end of the Transition Period is fast approaching, and with no agreement yet reached, the Government has proposed a safety net to protect the Union and ensure that the UK’s obligations under the Belfast Agreement are met. We must deliver on our promises to the people of Northern Ireland and this Bill allows us to do so.
If no action were taken, the default legal position would risk creating barriers to trade within the UK and could threaten the Union. The EU, for instance, has already suggested blocking the transport of food from Great Britain to Northern Ireland. The Government’s proposals make clear this cannot be allowed to happen.
Provisions in the UK Internal Market Bill will ensure, as that Protocol intended, that Northern Ireland is fully part of the UK customs territory by guaranteeing that goods moving within the UK will never pay EU tariffs. They will also ensure that Northern Ireland businesses have unfettered access to the rest of the UK, as per the Protocol, without any paperwork. They finally ensure that while Northern Ireland would remain subject to the EU’s State Aid regime, Great Britain would not.
There is no reason why these provisions should undermine the future relationship negotiations with the EU. I understand the Government is working to ensure that nothing inadvertently compromises the UK and the EU’s shared commitment to the Belfast Agreement and to ensuring that the original intention of the Northern Ireland Protocol is implemented. It is the Government's overriding priority to work within the Withdrawal Agreement Joint Committee to reach a negotiated outcome, but a responsible government must consider fall-back options to ensure that the communities of Northern Ireland are always protected.
It is important to understand that it is not new for Parliament to consider legislation that could override treaty obligations. This is because the UK’s constitutional settlement provides for Parliament alone to decide whether and how to implement the UK’s treaty obligations. You may remember that this principle was upheld by the Supreme Court in the Miller Case on invoking Article 50 in 2017.
Remedying the unintended consequences of the Protocol may breach the Withdrawal Agreement in a limited way but the consequences of inaction could break up the UK. I hope you understand that while I remain fully committed to international law, I have a duty to protect the integrity of the Union – the overriding purpose of this Bill.
I hope that the foregoing comments clarify the rationale behind both my and the Government’s approach to this matter. I will, of course, continue to follow the legislation but, in the meantime, many thanks for taking the trouble to get in touch^