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Watch: Legal mind explains why Govt lacks legal authority to dump NI Protocol

"This is one of the most remarkable interviews I've ever conducted!", James O'Brien said shortly after.

Joe Mellor by Joe Mellor
2022-06-29 10:33
in News
Credit:PA

Credit:PA

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Boris Johnson’s bid to effectively tear up parts of the Northern Ireland Protocol has cleared its first Commons hurdle, with no Tory MPs voting against it despite warnings the plans are illegal.

MPs voted 295 to 221, majority 74, to give the Northern Ireland Protocol Bill a second reading, which clears the way for it to undergo detailed scrutiny in the coming weeks.

The prime minister claimed the proposed legislation, which gives ministers powers to override parts of the post-Brexit deal on Northern Ireland, could be carried out “fairly rapidly”, with the proposals in law by the end of the year.

Legality

But his predecessor in No 10, Theresa May, led the criticism from the Tory benches as she delivered a withering assessment of the legality and impact of the Bill.

Mrs May made clear she would not support the legislation and warned it will “diminish” the UK’s global standing.

Other legal minds have also questioned its practical application.

Law professor Mark Elliott appeared on LBC with James O’Brien, with the presenter calling it “one of the most remarkable interviews” he had ever done after.

Very very difficult

Elliott, Chair of the Faculty of Law at the University of Cambridge, argued that the doctrine of necessity may not be legally applicable for the protocol.

He told James: “I think the key thing is it’s very very difficult to see how it can apply.

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“The first thing to say is that in order to plead necessity it’s got to be necessary, and that means that there haven’t got to be other less dramatic things that you could have tried, but you haven’t tried.

“The very obvious thing that the UK Government hasn’t tried is Article 16. Article 16 of the Northern Ireland protocol says there are circumstances where the UK can take unilateral action; if the UK has reasonable grounds to say the protocol is causing serious problems there was a mechanism built into the protocol to allow them to take steps to resolve that.

“It’s very hard to see, if they haven’t bothered to do that how it can then be necessary to go for the nuclear option which is legislating to override the protocol.”

Watch

'This is one of the most remarkable interviews I've ever conducted!' 

James O'Brien is blown away as Professor Mark Elliott explains why the Government lacks legal authority to dump the Northern Ireland protocol. @mrjamesob | @ProfMarkElliott pic.twitter.com/Gy9OT6xW3f

— LBC (@LBC) June 28, 2022

Reactions

Many people were also left with their jaws on the floor after the interview:

1.

James O'Brien's final observation to Professor Mark Elliott in this remarkable interview…

"Your clarity on the egregiousness of what the Govt is doing is complete, isn't it?"https://t.co/MegyDVuXQL

— Top News 🇺🇦 (@TopNewsWorks) June 29, 2022

2.

This may not be the easiest topic to understand but if you need clarity on the Government’s decision to amend the Northern Ireland Protocol then spend 9 mins listening to @ProfMarkElliott, Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge. https://t.co/0owM2cp6s6

— Paul Callaghan (@PMCallaghan) June 29, 2022

3.

Well worth spending a few mins listening to a Cambridge law professor discussing the legality / illegality of the NI Protocol Bill. https://t.co/CxSfh9TnIQ

— Peter Kyle MP (@peterkyle) June 29, 2022

4.

This is worth a watch if you want to understand how morally, ethically, and legally bankrupt our government is (as if you didn’t already know)! #ToryCorruption #GTTO #ToryCriminalsUnfitToGovern #NIProtocolBill #JohnsonOut155 #JohnsonTheCorruptPM https://t.co/SynSYvyQ1R

— Jonothan Potter FRSA FBPE 🔶🏴󠁧󠁢󠁳󠁣󠁴󠁿🇪🇺🍋💙 (@pa_interiors) June 29, 2022

5.

A professor of public law destroys the argument of a former Secretary of State for Justice and the policy he was trying to defend.#r4today https://t.co/AowlofRqTq

— Ed Wilson (@eddwilson) June 29, 2022

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