Boris Johnson is warned he will repeat Partygate’s mistakes in support of “breach of the rule of law” when he releases plans on Monday that are expected to provoke a new conservative rebellion over Brexit.
Frantic legal and political negotiations have taken place this week between Johnson, his cabinet and MPs ahead of the government bill designed to improve trade between Northern Ireland and the rest of the UK. The law will be published on Monday.
The government had received legal warnings that any plan to overturn the existing agreement with the EU, the Northern Ireland Protocol, could be considered illegal. However, despite claims that the bill had been softened, two sources told the Observer that it still contained clauses that effectively marginalized parts of the existing agreement.
Tensions are now high and the publication of the bill is likely to reopen the Brexit issue among conservatives. A Conservative source said: “The government is lying to its own MPs and the media about the illegal approach to this bill. Partygate, once again positioning the party in full force in support of non-compliance with the rule of law. “
It arrives after days of claim and counterclaim for the contents of Monday’s bill. Some reporters claimed that Chancellor Rishi Sunak and Secretary-General Michael Gove had successfully prevented the proposals from becoming too hard a line and provoking a fierce EU response. There have also been allegations that Sir James Eadie, the first Treasury adviser, had not been asked for his legal opinion on key elements of the proposals. Whitehall sources insisted he was “happy” and now oversees all legal issues related to the bill.
However, other people familiar with the talks said key clauses were still included that effectively overturned the existing deal, a move that would anger Brussels and provoke a major rebellion against conservative banks. Labor has already said it will oppose attempts to overturn the existing deal with Northern Ireland.
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There is still a dispute over what legal advice the government has received on its proposals. Sources told the Observer that key elements of the legal advice were not presented to the cabinet committee overseeing the plans. There are also claims that both Sunak and Gove were ignored and prevented from seeing the final version of the legislation, although this is disputed by government sources.
It has also been established that opinions on the legality of the proposals were drawn from Tom Grant, an academic lawyer who worked in the U.S. State Department during the Trump administration. He has been advising on the bill and has previously written legal articles supporting very harsh Brexit. Whitehall sources said that while offering advice, he was not a central part of the legal team.
Alistair Carmichael, Lib Dem MP who has been asking questions in the Commons about legal advice related to the plans, said: “It is a sad accusation of this Conservative government’s desperation to justify its reckless plan to take advice “Finally, the government needs to clarify its attempts to seek legal business advice. We need full transparency about what advice was given and from whom.”
Some moderate MPs said they had been assured that Sunak and Gove had made sure the proposals were not too harsh. “What emerges will not enchant [pro-Brexit Tory group] the ERG, “a source said.