Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General

UK Constitutional Law Association

The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law.  As I write, we have still not seen details of either the proposals or the legal arguments on which the government intends to rely.  What is going on?

First, it is unusual and unsatisfactory that the existence of this legal advice has been leaked. For one thing, unless the leak was authorised by the Attorney General herself, it looks like a breach of the Ministerial Code, paragraph 2.13 of which says:

The fact that the Law Officers [that is, the Attorney General, Solicitor General and Advocate General for Scotland] have advised or have not advised and the content of their advice must not be disclosed outside Government without their authority.

Note…

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