Selasa, 08 September 2020

Northern Ireland Secretary admits new bill will 'break international law' - BBC News

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A government minister has said a new bill to amend the UK's Brexit deal with the EU will "break international law".

Concerns had been raised about legislation being brought forward which could change parts of the withdrawal agreement, negotiated last year.

Northern Ireland Secretary Brandon Lewis conceded it would go against the treaty in a "specific and limited way".

Former PM Theresa May warned the change could damage "trust" in the UK over future trade deals with other states.

Labour's shadow attorney general, Lord Charlie Falconer, said the government had "an obligation to comply with the law, domestic and international".

He added: "Throughout the Brexit process, the government purported to act within the law. This is new. And very bad."

No 10 revealed on Monday that it would be introducing a new UK Internal Market Bill that could affect post-Brexit customs and trade rules in Northern Ireland.

Downing Street said it would only make "minor clarifications in extremely specific areas" - but it worried some in Brussels and Westminster that it could see the government try to change the withdrawal agreement, which became international law when the UK left the EU in January.

It comes as a sixth leading civil servant announced he is to resign from government - the permanent secretary to the Government Legal Department, Sir Jonathan Jones - amid reports he was "very unhappy" about the bill.

The row also comes at the start of the eighth round of post-Brexit trade deal talks between the UK and the EU.

The two sides are trying to secure a deal before the end of the transition period on 31 December, which will see the UK going onto World Trade Organisation rules if no agreement is reached.

The UK's chief Brexit negotiator, Lord David Frost, called for "realism" from his EU counterparts, saying he would "drive home our clear message that we must make progress this week if we are to reach an agreement in time".

The EU said it would "do everything in [its] power to reach an agreement" with the UK, but "will be ready" for a no-deal scenario.

On Monday, Boris Johnson said if a deal hadn't been done by the time the European Council meets on 15 October, the two sides should "move on" and accept the UK's exit without one.

Shadow Northern Ireland Secretary, Louise Haigh, said it was "deeply concerning" that the prime minister "appeared to be undermining the legal obligations of his own deal" with the introduction of the new law while the negotiations are taking place.

'Rule of law'

The text of the new bill will not be published until Wednesday, although the government has confirmed it will deal with the issue of the so-called Northern Ireland Protocol - an element of the withdrawal agreement designed to prevent a hard border returning to the island of Ireland after Brexit.

The practicalities of the protocol - which will deal with issues of state aid (financial support given to businesses by governments) and whether there needs to be customs checks on goods - is still being negotiated by a joint UK and EU committee.

But Mr Lewis said the bill would take "limited and reasonable steps to create a safety net" if the negotiations failed.

Speaking during an urgent question on the bill, chair of the Justice Committee and Tory MP Bob Neill said the "adherence to the rule of law is not negotiable".

He asked Mr Lewis: "Will he assure us that nothing proposed in this legislation does or potentially might breach international obligations or international legal arrangements?"

The Northern Ireland Secretary replied: "Yes. This does break international law in a very specific and limited way."

He said the government was still working "in good faith" with the EU joint committee to overcome its concerns for the future of trade in Northern Ireland, but said there was "clear precedence for UK and indeed other countries needing to consider their obligations if circumstances change".

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Mrs May - who stood down as prime minister last year after her own Brexit deal failed to get the support of Parliament - said: "The United Kingdom government signed the withdrawal agreement with the Northern Ireland Protocol.

"This Parliament voted that withdrawal agreement into UK legislation. The government is now changing the operation of that agreement."

"How can the government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?"

The leader of the Liberal Democrats, Sir Ed Davey, also called it a "sad and shocking state of affairs for our country".

He tweeted: "Breaking international law will do untold damage to our reputation abroad, it will make us poorer and make it harder to solve global crises like the climate emergency."

'Union splitting deal'

Sammy Wilson, who acts as Brexit spokesman for the Northern Irish Democratic Unionist Party, said he was "pleased" to have the new bill that could deal with some of the issues that could affect his constituents - such as state aid and customs checks.

But he said the DUP had "warned ministers of the impact of the withdrawal agreement" early on, saying it was a "union splitting, economy destroying and border creating agreement that has to be changed and replaced".

He added: "We will judge this bill on whether it delivers on these kind of issues."

However, Claire Hanna, a Social Democratic and Labour Party (SDLP) MP for Belfast South, said the protocol was "a symptom… of four years of terrible political decision making".

She added: "It is now the law. This government is obliged to implement it in full."

She also "cautioned" Mr Lewis "not to use the threat of a border on the island of Ireland or the hard won impartiality of the Good Friday Agreement as a cat's paw in this or any other negotiation."

But former Conservative leader, Sir Iain Duncan Smith, said the act that brought the withdrawal agreement into law in the UK allowed the government to "reserve the right to make clarifications under the sovereignty clause".

Mr Lewis agreed, saying the law would "clarify... the points about what will apply in January if we are not able to get satisfactory and mutually suitable conclusions" in negotiations.

He added: "It is reasonable and sensible to give that certainty and clarity to the people and businesses of Northern Ireland."

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2020-09-08 13:41:15Z
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Top UK government lawyer quits over Brexit withdrawal agreement changes - Financial Times

The head of the UK government’s legal department has quit over Boris Johnson’s proposal to row back on parts of last year’s Brexit deal relating to Northern Ireland.

Jonathan Jones, the Treasury solicitor and permanent secretary at the Government Legal Department, is the sixth senior Whitehall official to resign this year, amid growing tensions between the prime minister and staff at the top of the civil service.

The Attorney-General’s Office confirmed Sir Jonathan’s departure but declined to comment further. Mr Johnson’s spokesperson said: “We thank him for his years of long service and wish him well for the future.”

Sir Jonathan did not explain his decision in a short resignation letter posted online. But two officials with knowledge of the situation told the Financial Times that he was leaving his position due to a dispute with Downing Street over its plans to challenge parts of the Brexit withdrawal agreement.

Those close to Sir Jonathan said he was “very unhappy” about the decision to overwrite parts of the Northern Ireland protocol, part of the 2019 withdrawal agreement, with new powers in the UK internal market bill.

One person familiar with the events leading up to Sir Jonathan’s decision to resign said it had followed months of tension over the handling of the Brexit negotiations and legal disagreements with Suella Braverman, the attorney-general.

Ms Braverman was appointed in February after the previous attorney-general, Geoffrey Cox, was sacked by Mr Johnson for making what one insider described as “uncomfortable noises” about the importance of abiding by international law. 

Sir Jonathan is understood to have been dissatisfied with Ms Braverman’s initial interpretation of the legal implications of a no-deal Brexit, and requested official advice from government law officers.

Two people familiar with the discussions said questions were raised over whether government plans to override the Brexit withdrawal agreement were in breach of the ministerial code that obliges ministers to follow the law, including international law.

In the event, the advice of the law officers was split, with Downing Street deciding to accept the advice of Ms Braverman. 

The government is understood to have commissioned external advice which determined the government, while free to legislate domestically as it saw fit, would be in breach of international obligations if it legislated in contradiction to the withdrawal agreement.

“Jonathan was one of the good guys,” said a person familiar with the internal deliberations. “He’s a man of enormous integrity.”

Number 10 has insisted the new powers were “limited” and were needed to bring clarity to the protocol agreed and signed by Mr Johnson in October last year.

The internal market bill will put powers in the hands of UK ministers to interpret the Northern Ireland protocol. But Michel Barnier, the EU’s chief negotiator, is expected to insist in Brexit negotiations in London on Tuesday that the UK must implement the protocol in full.

Ursula von der Leyen, European Commission president, wrote on Twitter: “I trust the British government to implement the withdrawal agreement, an obligation under international law & prerequisite for any future partnership. 

“The Protocol on Ireland/Northern Ireland is essential to protect peace and stability on the island & integrity of the single market.”

Theresa May, the former prime minister, criticised the government for its proposals in the House of Commons on Tuesday. “How can the government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?” she said.

Sir Jonathan became head of the government’s legal department in 2014, having previously worked as a legal adviser and solicitor at the Home Office, the Attorney-General’s Office and the Department for Education. He is also a barrister.

Sir Jonathan’s departure follows the exit of cabinet secretary Mark Sedwill, Simon McDonald from the Foreign Office, Philip Rutnam from the Home Office, Richard Heaton from the Ministry of Justice and Jonathan Slater from the Department for Education.

Dave Penman, head of the FDA union that represents senior civil servants, said Sir Jonathan’s departure was “an extraordinary decision of principle” that represented “the very best values of an impartial and professional civil service”.

“Civil servants, like ministers, have an obligation to uphold the rule of law: the ministerial and civil service code are both unequivocal on this,” he said. “It is, therefore, all the more extraordinary that the government’s most senior legal adviser has decided he has no choice but to resign over an issue that he presumably believes conflicts with his own and ministerial obligations, to act within both the spirit and letter of the law.”

Charlie Falconer, the shadow attorney-general, said “there must be something very rotten about this government” if Sir Jonathan felt the need to resign.

“This resignation indicates that senior government lawyers think that the government are about to break the law,” he said. “The government is trashing the best of the UK: we are a law-abiding country and the government have some serious questions to answer.”

Dominic Cummings, Mr Johnson’s chief adviser, wants civil servants to take more responsibility when policies go awry, but the failure of any minister to quit during the coronavirus crisis has heightened tensions. Mr Cummings has promised radical reform of the civil service, pledging that a “hard rain” will fall across Whitehall.

This article has been amended to remove reference to which government law officers Jonathan Jones sought official advice from.

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2020-09-08 13:15:00Z
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Coronavirus: Bolton restrictions tightened amid rise in cases - BBC News

Tighter coronavirus restrictions have been introduced in Bolton, including only allowing takeaways and curtailing nightlife, after a rise in cases.

The new measures will require all hospitality venues to close between 22:00 and 05:00.

Health Secretary Matt Hancock said the town in Greater Manchester had "the highest case rate in the country."

He said there were 120 cases per 100,000 in Bolton, which had already been under stricter lockdown measures.

The announcement comes after ministers and government advisers expressed concern over a "sharp rise" in cases across the UK, especially amongst the young.

Mr Hancock told the House of Commons: "Unfortunately, after improving for several weeks, we've seen a very significant rise in cases in Bolton.

"The rise in cases in Bolton is partly due to socialising by people in their 20s and 30s. We know this from contact tracing.

"And through our contact tracing system we've identified a number of pubs at which the virus has spread significantly."

The new measures, which come into place immediately, include:

  • All hospitality for food and drink (restaurants, cafes, bars and pubs) are now restricted to takeaway only
  • Late night restriction of operating hours, meaning all venues, including takeaways, will be required to close from 22:00 to 05:00
  • A ban on mixing outside households in public outdoor settings, which will be enforceable by law

As well as restricting hospitality venues, Mr Hancock said visitor limits will also be put in place in care homes in Bolton.

He said: "I want us to learn the lesson from Spain, America and France - not to have to learn the lesson all over again ourselves through more hospitalisations and more deaths, and take this action locally in Bolton."

The move comes after plans to ease restrictions in Bolton were scrapped last week following a spike in Covid-19 cases.

Earlier, Mr Hancock told MPs that a "sharp rise" in coronavirus cases in recent days in the UK was "concerning" and the increase had been across the whole country rather than in localised "hotspots".

Other parts of the UK face are also facing tougher restrictions.

In Wales, the county borough of Caerphilly will be placed under a local lockdown from 18:00 BST on Tuesday, lasting until at least October.

Stricter rules on visiting other people's homes were also extended to two more areas in the west of Scotland from midnight.

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2020-09-08 13:18:45Z
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Civil service: Government's top lawyer to stand down - BBC News

The government's most senior lawyer has become the sixth leading civil servant to stand down this year.

Jonathan Jones, permanent secretary to the Government Legal Department, has resigned and will leave the role in April at the end of his five year term.

It comes amid suggestions ministers plan to override elements of the Brexit Withdrawal Agreement in a new bill.

A spokesman for the Attorney General's Office confirmed Sir Jonathan had resigned but did not comment further.

Permanent secretaries lead government departments and are among the most senior civil servants.

Sir Jonathan, who is a QC, was knighted in December 2019 for his legal services to the government. The honour recognised his work on constitutional issues and the EU Withdrawal Agreement.

Resignation

Reporting the news of Sir Jonathan's resignation, the Financial Times attributed the move to "suggestions that Boris Johnson is trying to row back on parts of last year's Brexit deal relating to Northern Ireland".

It added that people "close to Sir Jonathan said he was 'very unhappy' about the decision to overwrite parts of the Northern Ireland protocol, part of the 2019 withdrawal agreement, with new powers in the UK internal market bill."

The government has denied that its plans for new post-Brexit customs arrangements would "tear up" the deal struck between the UK and EU last year.

In response to Sir Jonathan's resignation, the shadow attorney general, Lord Falconer, said he was "an impressive lawyer and a loyal civil servant".

"If he can't stay in public service, there must be something very rotten about this government. This resignation indicates that senior government lawyers think that the government is about to break the law."

Sir Jonathan is the latest senior figure in government to leave office.

At the beginning of September, Simon Case was appointed as cabinet secretary and head of the civil service, after his predecessor Sir Mark Sedwill stood down.

His exit follows reports of tensions between him and senior members of Boris Johnson's team.

Separately, the government has run into opposition from the civil service union to its plan to get many more officials back to their Whitehall offices.

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2020-09-08 11:34:55Z
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Parents of schoolboy, 15, who was shot in face 'fought to save their seriously injured son' - Daily Mail

Parents of schoolboy, 15, who was 'shot by fellow pupil he had fallen out with fought to save their seriously injured son moments after he was blasted in the face at close range with a long-barrelled rifle'

  • Pupil is critical in hospital after being shot on way to Kesgrave High School
  • Witnesses have described described the weapon used as 'a long bore rifle'
  • Neighbour has described the horrific scene after shooting as 'like a war zone'

The parents of a 15-year-old boy shot in the face allegedly by a former school friend he had fallen out with rushed from their home and fought to save their son after hearing the gun blast.

The year 11 pupil is critical in hospital after being shot in the jaw at close range on his way to Kesgrave High School with what witnesses have described as 'a long bore rifle'.

A neighbour who also ran to help the boy after hearing his screams has described the horrific scene as 'like a war zone.'

The 77-year-old, who asked not to be named, said the victim's parents comforted him as they waited for an ambulance to arrive.

'It was like a war zone,' said the neighbour. 'I was in my house and heard a loud bang and looked out to see what had happened.

A teenager (pictured) has been arrested by police after a 15-year-old boy was shot on his way to school in front of terrified pupils near Ipswich on Monday

A teenager (pictured) has been arrested by police after a 15-year-old boy was shot on his way to school in front of terrified pupils near Ipswich on Monday

The alleged attacker – believed to be a former friend – is believed to have hid in a back garden behind an animal enclosure just moments after the attack in Kesgrave, Suffolk

The alleged attacker – believed to be a former friend – is believed to have hid in a back garden behind an animal enclosure just moments after the attack in Kesgrave, Suffolk

'I ran out to see if I could help and was offering to perform CPR but it was not needed.

'People were on the phone telling the ambulance to hurry up. It was awful to see. From my medical experience I would say he will have life changing injuries.'

A 15-year-old boy has been arrested on suspicion of attempted murder.

The two teenagers were said by a school source to have been close friends but in recent weeks had a falling out. 

The neighbour said he saw a long bore rifle at the scene.

He said he had spent two hours with police giving a detailed statement of the events.

The suspect was pictured being hauled into a police car in handcuffs less than six miles from the shooting in Kesgrave. Pictured: Police outside a property close to the scene of the shooting

The suspect was pictured being hauled into a police car in handcuffs less than six miles from the shooting in Kesgrave. Pictured: Police outside a property close to the scene of the shooting

A witness said the boy was not perturbed by the armed officers who rushed to his car - which he was seen driving moments before - to arrest him. Pictured: Police stopping a convertible car. It is unclear if this car is connected to the shooting

A witness said the boy was not perturbed by the armed officers who rushed to his car - which he was seen driving moments before - to arrest him. Pictured: Police stopping a convertible car. It is unclear if this car is connected to the shooting

Officers using a metal detector searched pathways and driveways for fragments of the bullet.

Gun expert claims 'long barrel firearm' usually refers to a rifle

Gun expert Neil May said long barrel firearms usually refers to rifles.

‘A long barrel firearm would typically be a rifle that fires an single centre shot,’ he said.

Mr May, who sells up to 200 rifles a year from his store Kent Gunsmiths in Faversham, Kent, said the ownership of such weapons is very tightly controlled by the police.

‘Anyone who wants to own a gun has to have a reason. It is a long process lasting up to six months before someone can own the gun.

‘The licence that is issued is determined by what the gun will be used for. If it is a farmer who uses the weapon on his land to kill vermin then he will be licenced for a particular velocity.’

All owners have to undergo a police interview and criminal records check with their homes inspected to make sure that the weapon is stored in a locked safe.

The cost of such rifles range from £100 up to £3,000.

The website guntrader.uk has dozens of rifles for sale including a £2,000 Sako sniper rifle and bolt action rifles that cost less than £200.

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The victim remains in a critical condition after being airlifted to Addenbrookes Hospital in Cambridge.

The shooting happened at 8.40am in an upmarket area of Kesgrave, near Ipswich, Suffolk. Paramedics spent 90 minutes battling to help the boy before he was airlifted to hospital.

Friends described the victim as a 'lovely lad' and a 'normal kid' who enjoyed being a Scout and music.

It has been claimed the two boys used to be friends but had fallen out.

Two hours after the attack, armed police pounced on the suspected gunman in another part of Kesgrave. Residents described their shock as a dozen firearms officers swooped with dogs.

The boy was said to be found in a convertible car belonging to his father outside a large detached home. 

The unnamed victim had been returning to school for the first time since lockdown when he was blasted in the jaw, according to witnesses. 

Police have confirmed a weapon has been recovered.

Suffolk police have not revealed where the firearm was found. 

Superintendent Kerry Cutler said: 'We have arrested an individual that we believe is involved in the incident and we also recovered a weapon. 

'The suspect, who is said to be from the Woodbridge area, was arrested by armed police on suspicion of attempted murder of the Kesgrave High School pupil.

'Everybody is shocked, Kesgrave is on the outskirts of Ipswich... this is not something we've seen in that area before and people will be impacted by it.

'The investigation goes on and we're still appealing for anybody who saw anything or has any information to come forward.'  

Gun expert Neil May said long barrel firearms - such as the one described by witnesses - usually refers to rifles.

‘A long barrel firearm would typically be a rifle that fires an single centre shot,’ he said.

Mr May, who sells up to 200 rifles a year from his store Kent Gunsmiths in Faversham, Kent, said the ownership of such weapons is very tightly controlled by the police.

Last night police were quizzing a 15-year-old arrested on suspicion of attempted murder.

The shooting happened at 8.40am in an upmarket area of Kesgrave, near Ipswich, Suffolk.  

Paramedics spent 90 minutes battling to help the boy before he was airlifted to Addenbrooke's Hospital in Cambridge.

Superintendent Cutler added today: 'Sadly we believe this to be an isolated incident we are not looking for anyone else in connection with the incident.

“We don’t believe this incident to be linked to any type of organised criminality, just a tragic, isolated incident that has happened in Kesgrave, which is really shocking.”

When asked about the motive she said: “That will all form part of the investigation that is being carried out by officers from our major investigation team to try to understand of what led to the events of yesterday morning.

“It has just brought sadness to this area, this is a lovely area, it is a really strong community area, it is a small town.

“Lots of people live here that work in the local area, with lots of schools in the area, it really is sad for the area.

“My thoughts at the moment are with the boy’s family, all of our prayers are with them.”

Police were seen stopping a convertible car. It is unclear if this car is connected to the shooting

Police were seen stopping a convertible car. It is unclear if this car is connected to the shooting

Witnesses claim the arrested teenager - who witnesses say hid in a back garden behind an animal enclosure just moments after the attack - had been driving his father's car when stopped by police outside an address five miles from the school. Pictured: Police outside a property in Ipswich on Monday

Witnesses claim the arrested teenager - who witnesses say hid in a back garden behind an animal enclosure just moments after the attack - had been driving his father's car when stopped by police outside an address five miles from the school. Pictured: Police outside a property in Ipswich on Monday

Friends described the victim, a pupil at Kesgrave High School, as a 'lovely lad' and a 'normal kid' who enjoyed being a Scout and music.

Witnesses claimed the two boys used to be friends but had fallen out.

Two hours after the attack, armed police pounced on the suspected gunman in another part of Kesgrave. 

The owner of the property said: 'I heard this huge commotion. Dogs barking, police shouting and smashing the windows of the convertible. He didn't want to come out. There were ten to 12 officers with guns. He was totally surrounded. I saw him being detained by police about 11am.

'He was wearing jogger bottoms and a sweat top. He didn't say anything. I had seen that car earlier in the morning at about 9am parked outside my house but no one was in it then.'

The suspect was hauled into a police car in handcuffs.

Police officers and teachers outside Kesgrave High School, the school attended by a 15-year-old boy who was shot

Police officers and teachers outside Kesgrave High School, the school attended by a 15-year-old boy who was shot

Suffolk Police confirmed that shortly before 1.00pm a teenage boy, whose age has not been confirmed, was arrested and is currently being questioned. Pictured: Police in Kesgrave on Monday

Suffolk Police confirmed that shortly before 1.00pm a teenage boy, whose age has not been confirmed, was arrested and is currently being questioned. Pictured: Police in Kesgrave on Monday

Police at the scene of the incident in Grange Farm, Kesgrave, which is to the east of Ipswich on Monday

Police at the scene of the incident in Grange Farm, Kesgrave, which is to the east of Ipswich on Monday 

Police officers conduct a search on Friends Walk, Kesgrave, Suffolk, where a 15-year-old student from Kesgrave High School was shot on Monday

Police officers conduct a search on Friends Walk, Kesgrave, Suffolk, where a 15-year-old student from Kesgrave High School was shot on Monday

Officers were last night probing whether he drove to the scene before making his getaway despite not being old enough to drive.

Neighbour retired paramedic Richard Bennett, 72, today revealed his shock after he heard the shot ring out yesterday morning.

He said: 'I woke up at about twenty past eight and heard what I recognised as a gun shot.

'It takes me a little while to get out of bed and get going, but when I looked out the window again I saw police tape.

'I thought it was serious but I didn't know how serious.

'As the day went on we found out a 15-year-old boy had been shot over there, I can't believe it.

'It's horrible, to hear.

'All these people on this road we were out clapping with each other due to the covid problem.

'Everyone was happy and then this happens.

'We have looked out the window and watched the children come out to school.

'We know the boy and have watched him walking out with his uniform on and seen him grow up.

'It is really tragic and awful, especially for their parents and people involved with him.

'We know the boy by sight, to think what has happened is awful.'

Another resident said the suspected gunman hid in his back garden, but escaped before armed police arrived.

He said: 'I got woken up because my dogs were going absolutely ballistic at the back of the house.' He added that the suspect had a hooded top over his arm concealing whatever he was carrying.

Last night a friend of the victim's family said: 'He is completely normal – he does Scouts, has piano lessons and guitar. He's literally a completely normal kid, straight-edged and genuine. It's just so random to me. When I heard about it I thought it might be a random drive-by like in America.'

The victim's parents, who work in the tech industry, and other members of his family were all said to be devastated.

One mother of a pupil at the school wrote on Facebook: 'My daughter and friends were walking to school and heard what sounded exactly like a gunshot. Then lots of people [were] screaming and a lady saying 'Run! Someone has been shot'. I had four terrified children come running back to mine.'

Last night police said they are not looking for anyone else over the attack.

Education Secretary Gavin Williamson told the Commons: 'Our thoughts are very much with the young person, their family and the whole school community at this very difficult time.'

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2020-09-08 10:45:38Z
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Top UK government lawyer quits over Brexit withdrawal agreement changes - Financial Times

The head of the UK government’s legal department has quit over suggestions that Boris Johnson is trying to row back on parts of last year’s Brexit deal relating to Northern Ireland.

Jonathan Jones is the sixth senior Whitehall official to resign this year, amid growing tensions between the prime minister and staff at the top of the civil service.

Two officials with knowledge of the situation told the Financial Times that the Treasury solicitor and permanent secretary of the Government Legal Department was leaving his position due to a dispute with Downing Street over its plans to challenge parts of the Brexit withdrawal agreement.

Those close to Sir Jonathan said he was “very unhappy” about the decision to overwrite parts of the Northern Ireland protocol, part of the 2019 withdrawal agreement, with new powers in the UK internal market bill.

A person familiar with the events leading up to Sir Jonathan’s decision to resign said it had followed months of tension over the handling of the Brexit negotiations and legal disagreements with Suella Braverman, the attorney-general.

Ms Braverman was appointed last February after the previous attorney-general, Geoffrey Cox, was sacked by Boris Johnson for making what one insider described as “uncomfortable noises” about the importance of abiding by international law. 

Sir Jonathan is understood to have been dissatisfied with Ms Braverman’s initial interpretation of the legal implications of a ‘no-deal’ Brexit, and requested official advice from the government law officers — Ms Braverman, solicitor general Michael Ellis and the secretary of state for justice, Robert Buckland.

Two people familiar with the discussions said questions were raised over whether government plans to override the Brexit withdrawal agreement were in breach of the ministerial code that obliges ministers to follow the law, including international law.

In the event the advice of the law officers was split, with Downing Street deciding to accept the advice of Ms Braverman. 

The government is understood to have commissioned external advice which determined the government, while free to legislate domestically as it saw fit, would be in breach of international obligations if it legislated in contradiction to the withdrawal agreement.

“Jonathan was one of the good guys,” said a person familiar with the internal deliberations. “He’s a man of enormous integrity.”

Number 10 has insisted the new powers were “limited” and were needed to bring clarity to the protocol agreed and signed by Mr Johnson last October.

The internal market bill will put powers in the hands of British ministers to interpret the Northern Ireland protocol. But Michel Barnier, the EU’s chief negotiator, is expected to insist in Brexit negotiations in London on Tuesday that the UK must implement the protocol in full.

Ursula von der Leyen, European Commission president, tweeted: “I trust the British government to implement the withdrawal agreement, an obligation under international law & prerequisite for any future partnership. 

“The Protocol on Ireland/Northern Ireland is essential to protect peace and stability on the island & integrity of the single market.”

Sir Jonathan became head of the government’s legal department in 2014, having previously worked as a legal adviser and solicitor at the Home Office, the Attorney-General’s Office and the Department for Education. He is also a barrister.

Sir Jonathan’s departure follows the exit of cabinet secretary Mark Sedwill, Simon McDonald from the Foreign Office, Philip Rutnam from the Home Office, Richard Heaton from the Ministry of Justice and Jonathan Slater from the Department for Education.

Dave Penman, head of the FDA union that represents senior civil servants, said his departure was “an extraordinary decision of principle” that represented “the very best values of an impartial and professional civil service”.

“Civil servants, like ministers, have an obligation to uphold the rule of law: the ministerial and civil service code are both unequivocal on this,” he said. “It is, therefore, all the more extraordinary that the government’s most senior legal adviser has decided he has no choice but to resign over an issue that he presumably believes conflicts with his own and ministerial obligations, to act within both the spirit and letter of the law.”

Dominic Cummings, Mr Johnson’s chief adviser, wants civil servants to take more responsibility when policies go awry, but the failure of any minister to quit during the coronavirus crisis has heightened tensions. Mr Cummings has promised radical reform of the civil service, pledging that a “hard rain” will fall across Whitehall.

Sir Jonathan’s formal departure is expected to be announced on Tuesday. The Cabinet Office declined to comment.

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2020-09-08 10:37:00Z
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Coronavirus: Household gathering limit set to be cut to battle COVID-19 spike - Sky News

The maximum number of people who can legally gather in a house in England will be cut to try to stop another coronavirus spike, Sky News understands.

A government source said the figure will be reduced from 30 but the new number is still being ironed out as part of a "toughening up" approach.

It follows a sharp uptick in COVID-19 infections recently, with 2,948 reported on Monday - the highest number since 22 May.

:: Live coronavirus news from UK and around world

Experts warn the comparison should be treated with caution because double the number of tests are being carried out now than then.

Under the government's current guidance, only groups from two different households should socialise indoors.

Jonathan Van-Tam
'People have relaxed too much'

But the law says gatherings of 30 people are illegal and £100 fines can be issued for breaches, rising to £3,200 for subsequent offenders.

More from Covid-19

It comes amid complaints from some people that they cannot order a coronavirus test online, simply being told "this service is currently unavailable".

Sarah-Jane Marsh, director of testing at the Whitehall Test and Trace operation, said lab services are at a "pinch point" and offered her "heartfelt apologies".

Prof Jonathan Van-Tam, England's deputy chief medical, also intervened yesterday to warn cases are rising because people have "relaxed too much".

And fears are mounting ahead of the new university year beginning this autumn - with students preparing to travel across the country.

Robert Jenrick, the housing secretary, told Sky News students should "exercise a degree of caution... particularly when they go home and see their elderly relatives".

He added young people should use an "added degree of common sense this autumn".

Pupils have also been returning to school full-time, following a summer that saw Prime Minister Boris Johnson gradually ease lockdown restrictions, he said at a safe speed, in a bid to also revive the economy.

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2020-09-08 08:58:42Z
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