Brexit: Boris Johnson misses EU deadline to explain breach of international law

Prime minister wants to overwrite parts of treaty he agreed at beginning of the year

Boris Johnson is facing further legal action from the EU after he missed a deadline to explain why he is planning to break international law over Northern Ireland.

At the start of October the European Commission sent a letter of formal notice to the UK over the prime minister’s planned Internal Market Bill, which breaches the Brexit agreement signed earlier this year.

The European Commission confirmed on Tuesday that the deadline to respond to the letter has now come and gone without a UK response, meaning the court action against the UK will move to the next phase. 

Ministers have already admitted in parliament that the bill will break international law, but say the policy is justified because the law would only be broken in a “limited and specific” way. 

The bill would overrule the withdrawal agreement Mr Johnson signed by banning border checks on goods moving from Northern Ireland to Great Britain, which are set to commence under the agreement from 31 December. The prime minister had signed up to the union’s customs code to get a deal, but now says Britain should be exempt from parts of it.

Brussels says the dispute has to be resolved if Britain wants a free trade agreement, which is being negotiated in intensive parallel talks between the two sides.

The issue of the Northern Irish border continues to dog talks despite hopes it had been resolved in the withdrawal agreement.

Speaking on Tuesday, a European Commission spokesperson said: "We sent a letter of formal notice on 1 October to the UK for breaching its obligations under the withdrawal agreement. As you know it had until the end of the month to submit its observations to that letter.

"To date I can confirm that the EU has received no reply from the UK, therefore we are considering next steps, including issuing a reasoned opinion [of the European Court of Justice]."

The spokesperson added that the EU is “fully committed to achieving full, timely, and effective implementation of the withdrawal agreement within the remaining time available”, adding that the “dispute will have to be resolved”.

Asked why UK hadn't responded to the EU's request for an explanation, a UK government spokesperson said: "We are committed to working through the Joint Committee process to find a satisfactory outcome for both sides.

"That is our overriding priority. We will respond to the next stages of this process in due course, as required."

The row over Northern Ireland is a sub-plot to the ongoing Brexit drama, which has focused in recent months and weeks on whether a free trade agreement can be signed in time to prevent a no-deal on 31 December.

Both sides restarted trade talks after a short row brought them to a standstill, but officials on both sides warn that an agreement would have to be inked this week or next for it to be ready by the end of the year.

Major sticking points in the negotiations include the question of EU access to British fishing waters, the extent to which the UK will diverge from EU state aid rules, and how such a deal will be governed.