Chairman of the House of Commons European scrutiny committee Sir Bill Cash wrote in the Telegraph that the proposed withdrawal agreement is “illegal” because it violates a new UK law passed earlier this year. He wrote: “The Prime Minister’s Withdrawal Agreement is incompatible with the Withdrawal Act 2018. This act, enacted on 26th June, converts all EU law into British law and makes the entire European Communities Act 1972 null and void from 29th March 2019.
“However, under Mrs May’s contaminated agreement, during the transitional period after Britain leaves the EU, from 29th March 2019 to 31 December 2020, a tampered version of the 1972 Act will remain in place.
“In other words, the 2018 Act of Parliament – the law of the land, which takes primacy over a treaty – will be scaled down and rubbished.”
Mr Cash argues that unless another act is passed, then on March 29, 2019, Mrs May’s deal will become illegal under the law.
He added that one way to solve this issue would be for Mrs May, “or more likely a future leader”, to walk away from the proposed agreement.
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According to the chairman, when he challenged the Prime Minister on this in the Commons and the Liaison Committee, she told him that she would pass a “Withdrawal and Implementation Bill at some future date.”
Mr Cash wrote: “She appears not to appreciate the significance of the constitutional breaches that I have repeatedly raised.
“If the Attorney General was not even asked for advice as to the incompatibility of the Withdrawal Agreement and the 2018 Act, the crisis deepens.”
He argued that if she had received legal advice, then they would have told her that a treaty is unable to override the realising of the 1972 Act and called it a “manifest violation”.
Mr Cash wrote: “Manifest violations of constitutional requirements under domestic law make treaties invalid under the Vienna Convention.
“The Withdrawal Treaty/Agreement is on the way to the knacker’s yard.
“Anyone thinking of voting for it really must take this into account. This is a crisis of the Prime Minister’s own making.
“The European Scrutiny Committee, which I chair, has set up a select Committee inquiry into the conduct, processes and outcomes of negotiations and we intend to do so rigorously.”
Mr Cash served as shadow attorney general under Iain Duncan Smith from 2001-2003.
Source : EXPRESS