Uk Government: Above The Law?

The UK government is the central executive authority of the United Kingdom of Great Britain and Northern Ireland, and is led by the Prime Minister. The UK has three distinct legal systems: English law, Scots law, and Northern Irish law. The UK government has admitted that it will break international law in relation to the Brexit treaty. The UK has a constitutional monarchy, where the monarch is the head of state but not the head of government. The government is required to maintain the confidence of the House of Commons and is dependent on Parliament to make primary legislation. The UK government has introduced the Brexit Freedoms Bill, which will enable it to create regulations tailored to the UK's needs and cut red tape. This bill will give the government the power to amend, replace, or repeal any retained EU law.

UK government admits it will break international law with Brexit treaty

In the United Kingdom, the Prime Minister leads the government with the support of the Cabinet and ministers. The Prime Minister is ultimately responsible for all policy and decision-making. In 2020, the UK government admitted that its plan to reinterpret the special Brexit arrangements for Northern Ireland would break international law. This admission came from the Northern Ireland secretary, Brandon Lewis, who told the House of Commons that the government would be taking powers to "disapply the EU law concept of direct effect in a certain very tightly defined circumstance". This statement caused a backlash, with critics arguing that the UK's reputation as a trustworthy nation was at stake.

The UK government's decision to break international law with its Brexit treaty is justified by ministers and supporters as a necessary move due to problems with the deal and the EU's stance in trade negotiations. They argue that the EU is not negotiating in good faith and is threatening to impose a full-scale trade border down the Irish Sea, which goes against the Good Friday Agreement. However, critics, including legal experts, disagree with this justification, stating that the Withdrawal Agreement was negotiated with close reference to the obligations of the Good Friday Agreement and that the UK government's actions could damage the country's international reputation.

The UK government's proposed legislation, known as the Internal Market Bill, seeks to give ministers powers to "disapply" parts of the rules agreed upon for goods entering and exiting Northern Ireland. This includes export declarations and "state aid" rules. The bill passed its first parliamentary hurdle, with UK Justice Secretary Robert Buckland describing it as an "insurance policy". However, legal experts argue that the bill gives British ministers extensive powers to make their own rules regarding the Irish Protocol, potentially breaching the terms of the Withdrawal Agreement.

The controversy surrounding the UK government's admission that it will break international law with its Brexit treaty highlights the complex and contentious nature of the country's exit from the European Union. The government justifies its actions as necessary to protect the economic and territorial integrity of the UK, while critics argue that it sets a dangerous precedent and undermines the rule of law. The outcome of this situation will have significant implications for the future relationship between the UK and the EU, as well as the domestic political landscape in the United Kingdom.

UK government to set its own laws with Brexit Freedoms Bill

The UK government's Brexit Freedoms Bill, also known as the Retained EU Law (Revocation and Reform) Bill, is a legislative proposal introduced in September 2022. The bill aims to end the special legal status of all retained EU laws by 31 December 2023, allowing the UK to create regulations tailored to its specific needs. This move is expected to reduce bureaucratic barriers, stimulate economic growth, and provide opportunities for the UK to develop new laws that align with its priorities and objectives.

The Brexit Freedoms Bill is a significant step in the UK's post-Brexit journey, as it empowers the government to amend, repeal, or replace retained EU laws. This includes laws related to business transfers, maternity and parental leave, fixed-term employment, and other areas with strong EU links. The bill introduces a sunset clause, causing retained EU legislation to expire at the end of 2023 unless restated or replaced with a UK equivalent. It also abolishes the principle of supremacy of EU law, making it easier for UK courts to depart from EU case law and general principles.

One of the key motivations behind the bill is to reduce the bureaucratic burden on businesses, which was previously estimated at around £1 billion worth of red tape. By removing these obstacles, the UK aims to attract more business investments and create an environment conducive to innovation and economic growth. The bill is also expected to have a positive impact on various aspects of people's lives, from advanced healthcare treatments and faster infrastructure projects to improved environmental standards, such as cleaner air.

While the Brexit Freedoms Bill offers the UK government more flexibility in law-making, it has also raised concerns about potential negative consequences. There is uncertainty regarding the impact on specific areas of law, such as employment rights and regulations. The bill could potentially lead to changes in the average weekly working hour limit, rules for automatic transfers of employment during company acquisitions or mergers, and holiday pay and entitlement. However, it is important to note that the UK government has expressed its commitment to maintaining high standards in areas such as workers' rights and the environment, even as it seizes the opportunity to create regulations that are more aligned with the country's specific needs and priorities.

The Brexit Freedoms Bill is currently in the report stage in the House of Commons, and its precise impact and scope of powers remain to be seen. Nonetheless, it marks a significant shift in the UK's legal landscape, moving away from EU laws and towards a more agile, home-grown regulatory approach.

The UK's three distinct legal systems

The UK has three distinct legal systems, each with its own laws, court system, lawyers and judges. These are: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Irish law.

The UK does not have a single legal system because it was formed by the political union of previously independent countries. The Acts of Union in 1707 and 1800 guaranteed the continued existence of Scotland's and England's separate legal systems. While Scotland and Northern Ireland are part of the UK and share Westminster as a primary legislature, they have separate legal systems.

In 2007, calls for a fourth type of law, purely Welsh law, arose as a result of Welsh devolution. Welsh law is not a separate legal system per se, but the primary and secondary legislation generated by the Senedd, interpreted in accordance with English law. However, there have been multiple calls for a Welsh criminal justice system, which would formalise Wales as the fourth jurisdiction of the UK.

The UK Supreme Court is the highest court in the UK for all criminal and civil cases in England and Wales and Northern Ireland, and for all civil cases in Scots law.

The UK's highest courts

The UK's highest court is the Supreme Court of the United Kingdom. It is the final court of appeal for civil cases and criminal cases from England, Wales, and Northern Ireland, as well as some limited criminal cases from Scotland. The Supreme Court hears cases of great public or constitutional importance that affect the whole population. It is a non-ministerial government department with limited powers of judicial review. While it cannot overturn primary legislation made by Parliament, it can overturn secondary legislation.

The Supreme Court was established in 2009, taking over the judicial functions of the House of Lords, which had been carried out by the Law Lords. The creation of the Supreme Court aimed to make the separation of powers among the judiciary, the legislature, and the executive more explicit and transparent. The Court usually sits in the Middlesex Guildhall in Westminster but can sit elsewhere.

The Supreme Court consists of the President, Deputy President, and ten other Justices. The President and Deputy President are appointed separately to their roles, and the Court is limited to 12 judges, although this can be amended by a resolution passed in both Houses of Parliament. Justices are appointed based on merit, with an independent selection commission formed when vacancies arise. Candidates must meet specific eligibility criteria, such as having held high judicial office for at least two years or having been a qualified legal practitioner for at least 15 years.

The Supreme Court's decisions are influential and can shape the behaviour of lower courts. Studies have shown that the Court extensively adopts language from the Court of Appeal of England and Wales, indicating the crucial role of lower court judges in shaping legal doctrine. The Court's rulings can carry significant political tension, as seen in the case of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland, which involved Boris Johnson's unlawful prorogation of Parliament during the Brexit process.

The UK's legislative process

Any Member of Parliament can introduce a bill, although some represent agreed government policy and are introduced by ministers. These are known as government bills. Other bills are known as Private Members' Bills.

For each session of Parliament, the government sets out a legislative programme, which is a plan of the bills it will ask Parliament to consider. The government will also consider other bills that are not part of the legislative programme, such as emergency bills or Private Members' Bills.

Once a bill has been agreed upon by Parliament, it must be approved by the King before becoming law. This is known as Royal Assent. The bill then becomes an Act.

The process of taking a bill through Parliament involves several stages:

• First Reading: The short title of the bill is read out, and an order is made for the bill to be published. This is when the full text of the bill is made public, usually with explanatory notes. There is no vote, and the bill cannot be discussed or amended.
• Second Reading: The bill is debated for the first time. A government minister opens the debate, followed by shadow ministers and backbench MPs who can make their points. While the bill cannot be changed at this stage, an MP can table a 'reasoned amendment' opposing it. If the bill is defeated at this stage, it cannot be reintroduced during the same parliamentary session.
• Committee Stage: This is usually the longest stage, where the most detailed scrutiny takes place. The bill is referred to a public bill committee or considered in the chamber (Committee of the Whole House). MPs conduct a clause-by-clause scrutiny, and amendments can be proposed.
• Report Stage: This is another opportunity for debate, where amendments can be proposed or new clauses added to the bill.
• Third Reading: This is the final opportunity to debate the bill before a vote is taken on whether to approve it.

If a bill starts in the House of Commons, it will then go to the House of Lords, or vice versa. The two Houses must agree on the text of the bill, and if amendments are made, it will go back and forth between the two Houses until an agreement is reached. This process is known as 'ping pong'.

Once both Houses agree on the bill, it goes to the monarch for Royal Assent. After receiving Royal Assent, the bill becomes an Act of Parliament and is then published on legislation.gov.uk.

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