October 18, 2019
A legal bid arguing Boris Johnson’s Brexit deal was unlawful has been rejected by a judge.
Legal Challenge Calling For Brexit Deal To Be Ruled Unlawful Rejected
It had been claimed that the Brexit agreement Prime Minister Boris Johnson negotiated with the EU was unlawful and should not be considered by parliament.
The legal challenge, heard at the Court of Session in Edinburgh, suggested that that the proposed deal breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.
But government lawyers defended the deal and claimed the legal action is a “direct and manifest interference with parliament”.
On Friday evening, Lord Pentland rejected the campaigners’ argument that the agreement was unlawful, writing in his verdict that the petition was “of very-doubtful competency”.
The judge added: “The orders sought would unquestionably interfere to a major extent to the proposed proceedings in parliament.
“I cannot see that it would be right for parliament to be invited to consider a draft treaty which the court had suspended on the basis that it was unlawful.
“It is a cardinal principle of constitutional law that the courts should not intrude on the legitimate affairs and processes of parliament.
“I consider that it should be left to parliament to proceed in relation to the draft withdrawal agreement in the manner and according to the procedures that parliament considers most appropriate.”Aidan O’Neill QC, acting for the petitioners, told the court that the proposed Brexit deal would mean a “continuing regime of EU law applicable to Northern Ireland” – contrary to Section 55 of the Taxation (Cross-Border Trade) Act 2018.
He said this would breach the Act’s terms by creating different customs rules in Northern Ireland to the rest of the UK, leaving the deal void and unsuitable to be put before parliament.
O’Neill said: “What we have before us is a void agreement that has been presented publicly and to parliament as valid.
“The agreement which was presented yesterday is void; is of no effect as a matter of law.
“If the interim suspension is granted on the basis that the agreement as a matter of national law is void, then there’s no agreement which can be laid before the House.”
In his judgment, Lord Pentland said the argument that the new Brexit deal was incompatible with the Trade Act was “at best a weak one”.
He said the “clear intention” underlying the proposed deal was Northern Ireland will remain part of the UK’s customs territory.
He added: “There is nothing to show that this will not play out as intended and work in a satisfactory manner.”
The Prime Minister and European Commission President Jean-Claude Juncker on Thursday announced the two sides had come to an agreement on a Brexit withdrawal deal, ahead of a crucial EU summit in Brussels.
EU leaders then approved the deal, and MPs are expected to vote on it on Saturday.
The challenge has been brought before Lord Pentland at the Outer House of the Court of Session by the Good Law Project, led by Jolyon Maugham QC.
Gerry Moynihan QC, acting for the government, described the legal challenge as a “direct and manifest interference with parliament” and revealed the House of Commons Speaker’s counsel had written to both parties urging them not “inhibit” bringing a matter before parliament.
Moynihan said suspending the agreement would prevent the deal being brought before parliament, acknowledging the government would not be able to claim a deal had been done or agreed if the court ruled the agreement unlawful.
“It would be utterly futile to lay a copy of that non-agreement before the House,” he said.
“It is a gross intrusion into the separation of power,” he said of the legal challenge, which he claimed was “simply incompetent”.
He argued Northern Ireland would remain in the UK’s customs territory because “a substantial part” of trade would still be with the UK.Related... Labour Leave MPs 'In Turmoil' As They Mull Johnson Brexit Deal A Man Dressed As Boris Johnson Has Just Scaled Big Ben Because Why The Hell Not
Related Stories
Latest News
Top news around the world
Academy Awards

‘Oppenheimer’ Reigns at Oscars With Seven Wins, Including Best Picture and Director

Get the latest news about the 2024 Oscars, including nominations, winners, predictions and red carpet fashion at 96th Academy Awards

Around the World

Celebrity News

> Latest News in Media

Watch It
Millie Bobby Brown & Jake Bongiovi Celebrate “Three Years of Bliss” Ahead of Wedding
March 24, 2024
C4Ehegcq1-A
Kate Middleton & Prince William "Enormously Touched" by Public Support
March 24, 2024
s8fig-RCjFc
Gisele Bündchen Denies Cheating on Ex-Husband Tom Brady
March 23, 2024
_SpRMagA8BM
Eminem, 50 Cent & Snoop Dogg Present Dr. Dre with a Star on the Walk of Fame
March 19, 2024
4bNLs1hxVp8
Opening Remarks for the Variety Summit October 20th, 2023 Jay Penske
March 18, 2024
c6Z707iLq8E
'Everybody Was S----ing Their Pants': Nick Thune Jokes About Being Born in the '70s and Fatherhood
March 16, 2024
mm7Baf6o2d8
Gunna Says Tour Will Up Creativity in Rap, Endorses Flo Milli | TMZ
March 22, 2024
QfMU24fw-Qo
Reporter Taylor Lorenz Says Palace Botched Kate Cancer News Rollout | TMZ Live
March 22, 2024
o43ZucdiyEo
Riley Strain's Body Found After Going Missing in Nashville 2 Weeks Ago | TMZ NOW
March 22, 2024
1m1zM-4_Cs8
Kyle Richards hasn’t spoken to co-star Dorit Kemsley, denies sending her a ‘manipulative’ text
March 24, 2024
LqLZzDP1hm4
Jordan Emanuel on her connection to 'RHOSLC' star Meredith Marks, advice from Amanda Batula
March 24, 2024
5NPAwlOov1Y
Kate Middleton’s uncle Gary apologizes after slamming ‘fickle’ Meghan Markle in scathing interview
March 24, 2024
JWG9kitALZk
TV Schedule
Late Night Show
Watch the latest shows of U.S. top comedians

Sports

Latest sport results, news, videos, interviews and comments
Latest Events
20
Mar
CHAMPIONS LEAGUE: Playoffs - Women
SK Brann W - Barcelona W
20
Mar
CHAMPIONS LEAGUE: Playoffs - Women
Hacken W - PSG W
19
Mar
CHAMPIONS LEAGUE: Playoffs - Women
SL Benfica W - Lyon W
19
Mar
CHAMPIONS LEAGUE: Playoffs - Women
Ajax W - Chelsea W
17
Mar
SPAIN: La Liga
Atletico Madrid - Barcelona
17
Mar
ENGLAND: FA Cup
Manchester United - Liverpool
17
Mar
ITALY: Serie A
Inter Milan - Napoli
17
Mar
ENGLAND: Premier League
Brighton - Manchester City
17
Mar
GERMANY: Bundesliga
Borussia Dortmund - Eintracht Frankfurt
17
Mar
ENGLAND: FA Cup
Chelsea - Leicester City
17
Mar
ITALY: Serie A
Roma - Sassuolo
17
Mar
ITALY: Serie A
Verona - AC Milan
17
Mar
ITALY: Serie A
Juventus - Genoa
16
Mar
GERMANY: Bundesliga
Darmstadt - Bayern Munich
16
Mar
ENGLAND: FA Cup
Manchester City - Newcastle United
16
Mar
ENGLAND: Premier League
Fulham - Tottenham Hotspur
16
Mar
SPAIN: La Liga
Osasuna - Real Madrid
13
Mar
CHAMPIONS LEAGUE: 1/8 Final
Atletico Madrid - Inter Milan
12
Mar
CHAMPIONS LEAGUE: 1/8 Final
Barcelona - Napoli
12
Mar
CHAMPIONS LEAGUE: 1/8 Final
Arsenal - Porto
11
Mar
ENGLAND: Premier League
Chelsea - Newcastle United
10
Mar
ENGLAND: Premier League
Liverpool - Manchester City
10
Mar
SPAIN: La Liga
Real Madrid - Celta Vigo
10
Mar
ENGLAND: Premier League
Aston Villa - Tottenham Hotspur
10
Mar
ITALY: Serie A
Juventus - Atalanta
10
Mar
ITALY: Serie A
Fiorentina - Roma
10
Mar
ITALY: Serie A
AC Milan - Empoli
Find us on Instagram
at @feedimo to stay up to date with the latest.
Featured Video You Might Like
zWJ3MxW_HWA L1eLanNeZKg i1XRgbyUtOo -g9Qziqbif8 0vmRhiLHE2U JFCZUoa6MYE UfN5PCF5EUo 2PV55f3-UAg W3y9zuI_F64 -7qCxIccihU pQ9gcOoH9R8 g5MRDEXRk4k
Copyright © 2020 Feedimo. All Rights Reserved.