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Legislation was “substantially” redrafted, according to Whitehall sources. This was a last-ditch attempt from the Prime Minister to reassure Tory backbenchers in the aftermath of the confidence vote on Monday.
A meeting was held on Tuesday night with Mr Johnson and the Foreign Secretary Liz Truss and a representative of the European Research Group (ERG) of Brexiteer Tory MPs, the Times revealed.
It was at this meeting that the new law was discussed and where reports from the Financial Times and the Belfast Telegraph claim the PM “snapped” at the Foreign Secretary.
The Prime Minister’s anger was aimed at Ms Truss’s views of toughening up elements of the legislation on the Northern Ireland Protocol while he wanted to negotiate a solution with the EU.
A source told The Times that Mr Johnson agreed to alter elements of the legislation prior to the bill being examined and consulted about by other senior members of cabinet.
The source added that the latest version of the bill had “lost any pretence that it was in accordance with international law”.
They added: “Simon Case [the Cabinet Secretary] has very serious questions to answer about how this was allowed to happen.
“It is a complete abuse of the normal process of Government.
“It has slight shades of how the legal advice over the Iraq war was constructed.”
The changes in the bill by the ERG included a clause stating that the legislation has supremacy in UK law above the Brexit withdrawal agreement, featuring the Northern Ireland Protocol.
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Another adjustment was that the bill would end the power and control of the European Court of Justice in Northern Ireland.
It would also feature a “sunset clause”, spelling the end of EU regulations applying in Northern Ireland.
On Wednesday, the legislation was examined and discussed at a meeting of the Global Britain strategy committee which included Ms Truss, Chancellor of the Exchequer Rishi Sunak, and Northern Ireland Secretary Brandon Lewis.
However, the alterations to the legislation by the ERG were rejected once again by senior ministers and has been returned to the foreign office for yet more amending.
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Reportedly, many of the cabinet members, including Rishi Sunak wanted assurances that the legislation would not result in a trade war with the EU.
Following the meeting of cabinet members, the requests have been diluted to a level that means the final bill would appear “much like” the previous plans, according to a source.
It is understood that the DUP have been comprehensively consulted on the contents of the new law.
A source told The Times: “The DUP is critical. We need them to take steps to go back into Government as it supports the case for action.”
Concerns have been raised that the legislation is bound to infuriate Brussels and once again fuel the argument of the Government breaking international law.
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