Britain will seek to use treaty breaching powers if EU acts in bad faith

  • The government is attempting to pass new laws ensuring free trade between Britain's nations.
  • Johnson reached a compromise with rebels, promising to consult parliament before using the powers.
17 Sep, 2020

LONDON: Britain said on Thursday it would ask parliament for permission to use powers which breach its Withdrawal Agreement with the European Union if it decides Brussels has not acted in good faith.

The government is attempting to pass new laws ensuring free trade between Britain's nations, but says to do that it needs the power to override parts of the EU divorce deal agreed with Brussels last year.

Ministers have admitted this breaks international law, prompting a demand from the EU to withdraw the plan and a threat from some in Johnson's party to rebel amid warnings that it would damage Britain's international standing.

But, on Wednesday, Johnson reached a compromise with rebels, promising to consult parliament before using the powers.

Fleshing out that position on Thursday a government statement said they would ask for parliament's permission to use them if they decided "the EU being engaged in a material breach of its duties of good faith or other obligations, and thereby undermining the fundamental purpose of the Northern Ireland Protocol".

The statement went on to set out several examples of such behaviour, including if the bloc imposed unfair tariffs on goods travelling from Britain into Northern Ireland, or insisted on export declarations on goods travelling in the opposite direction.

The statement also said the government would, in parallel to using its unilateral powers, activate the formal dispute settlement mechanisms with the EU.

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