Northern Ireland Protocol Bill 'could undermine rule of law' - Lords Committee
The Northern Ireland Protocol Bill could undermine the rule of law if passed, a House of Lords committee has warned.
The Bill, designed to override sections of the post-Brexit agreement, has had its second reading and is now set to be scrutinised in the UK Parliament.
It is making its way through the parliamentary process as the DUP refuse to take part in devolved government at Stormont until government takes action on its issues with the protocol.
Separately, talks between the UK and EU remain ongoing.
A House of Lords Constitution Committee report on the Bill says that, in its current form, it potentially puts the UK in breach of international law and, if passed in breach of the UK's international obligations, could undermine the rule of law.
The report says peers are conscious the Government wants to make progress on the Bill, but said its "constitutional significance means it requires sufficient time for detailed parliamentary scrutiny".
It said its role is to examine the constitutional implications of public Bills coming before the committee, saying in this case the Bill's lawfulness in international law is a key constitutional issue.
"The House has been asked to pass a Bill, the enactment of which, in its current form, would, in our view, clearly breach the UK's international obligations, and we offer our views to assist the House's deliberations," the report reads.
"We do not accept the Government's reliance on the doctrine of necessity as justification for introducing legislation that disapplies its obligations under international law.
"The doctrine of necessity is narrowly construed and applicable only in exceptional circumstances, which have not been satisfied in this case."
The report also says the Government's argument that the Bill is necessary "does not justify introducing" it.
"This raises the question of whether ministers might be thought to have contravened their obligation under the ministerial code to comply with the law, including international law," it reads.
The report also warns that consent from the devolved legislatures is important, particularly in light of the current political situation in Northern Ireland.
"We are concerned that enacting the Northern Ireland Protocol Bill without legislative consent will exacerbate tensions and ill will within the Union," it reads.
"In light of the above, the Government should provide further details of the engagement that has taken place with the devolved administrations and the steps taken to resolve tensions."