Boris Johnson: dissembler-in-chief on EU, as ever

In his evidence to the Scott Inquiry into arms exports to Iraq in the early 1990s, former Ministry of Defence senior civil servant Ian McDonald answered one question with the following epigrammatic observation: “Truth is a difficult concept.” (6 October 1993) This certainly applies to Boris Johnson’s long and tortuous failed relationship to facts. Hence, in his Christmas Eve 2020 Downing Street press conference to welcome the agreement between the UK and European Union on a trade and security agreement on UK Brexit from the EU, he asserted the European Court of Justice would have no further jurisdiction in the UK. This is untrue; and the prime minister must have known it was untrue when he uttered it. Does he care that he dissembles before the nation and an interested international audience? In the Institute for Government’s briefing on the Northern Ireland Protocol it states: The UK and EU will first try to resolve disputes via the joint committee where they will try to agree a solution. If the committee cannot agree, then either the EU or the UK can request an arbitration panel. The EU and the UK will each nominate two members to the panel and agree a chair. If a party does not comply with a ruling, then it can impose a financial penalty. Moreover, parts of the agreement could also be suspended (except the part relating to citizens’ rights), although this should be temporary. If a dispute relates to the interpretation of EU law, or whether the UK has complied with European Court of Justice (ECJ) judgements made before the end of transition, then the ECJ will have jurisdiction. This ruling will be binding on the arbitration panel. The IfG comments: “This will be challenging both politically and legally to implement, principally down to the role of parliamentary sovereignty in the UK.” (https://www.instituteforgovernment.org.uk/explainers/brexit-deal-withdrawal-agreement) Article 12 of the NI Protocol, dated 17 October 2019, reads in full: Article 12 Implementation, application, supervision and enforcement 1. Without prejudice to paragraph 4, the authorities of the United Kingdom shall be responsible for implementing and applying the provisions of Union law made applicable by this Protocol to and in the United Kingdom in respect of Northern Ireland. 2. Without prejudice to paragraph 4 of this Article, Union representatives shall have the right to be present during any activities of the authorities of the United Kingdom related to the implementation and application of provisions of Union law made applicable by this Protocol, as well as activities related to the implementation and application of Article 5, and the United Kingdom shall provide, upon request, all relevant information relating to such activities. The United Kingdom shall facilitate such presence of Union representatives and shall provide them with the information requested. Where the Union representative requests the authorities of the United Kingdom to carry out control measures in individual cases for duly stated reasons, the authorities of the United Kingdom shall carry out those control measures. The Union and the United Kingdom shall exchange information on the application of Article 5 (1) and (2) on a monthly basis. 3. The practical working arrangements relating to the exercise of the rights of Union representatives referred to in paragraph 2 shall be determined by the Joint Committee, upon proposal from the Specialised Committee. 4. As regards the second subparagraph of paragraph 2 of this Article, Article 5 and Articles 7 to 10, the institutions, bodies, offices, and agencies of the Union shall in relation to the United Kingdom and natural and legal persons residing or established in the territory of the United Kingdom have the powers conferred upon them by Union law. In particular, the Court of Justice of the European Union shall have the jurisdiction provided for in the Treaties in this respect. The second and third paragraphs of Article 267 TFEU shall apply to and in the United Kingdom in this respect. 5. Acts of the institutions, bodies, offices, and agencies of the Union adopted in accordance with paragraph 4 shall produce in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and its Member States. 6. When representing or assisting a party in relation to administrative procedures arising from the exercise of the powers of the institutions, bodies, offices, and agencies of the Union referred to in paragraph 4, lawyers authorised to practise before the courts or tribunals of the United Kingdom shall in every respect be treated as lawyers authorised to practise before courts or tribunals of Member States who represent or assist a party in relation to such administrative procedures. 7. In cases brought before the Court of Justice of the European Union pursuant to paragraph 4: (a) the United Kingdom may participate in the proceedings before the Court of Justice of the European Union in the same way as a Member State; (EMPHASIS ADDED) (b) lawyers authorised to practise before the courts or tribunals of the United Kingdom may represent or assist a party before the Court of Justice of the European Union in such proceedings and shall in every respect be treated as lawyers authorised to practise before courts or tribunals of Member States representing or assisting a party before the Court of Justice of the European Union. (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840230/Revised_Protocol_to_the_Withdrawal_Agreement.pdf)