The Spectator

Full text: The Government’s Brexit legal advice

The Government has published its Brexit legal advice, a day after it was found in contempt of Parliament for refusing to do so. Here’s the full text:

Legal Effect of the Protocol on Ireland/Northern Ireland

Introduction

  1. This note sets out my advice on the question I have been asked as follows:

What is the legal effect of the UK agreeing to the Protocol to the Withdrawal Agreement on Ireland and Northern Ireland in particular its effect in conjunction with Articles 5 and 184 of the main Withdrawal Agreement?

  1. I note that the Withdrawal Agreement, of which the Protocol on Ireland/Northern Ireland (Protocol) forms part, is yet to be finalised. My advice is based, therefore, on an evolving text, which I have had to consider rapidly in light of the fluid situation.

Legal status and context

  1. The Protocol is part of an international agreement that is binding on the United Kingdom and the European Union in international law and must be performed by them in good faith.

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