Boris Johnson has split the cabinet with a plan to give British judges new powers to overturn rulings by the European Court of Justice,
The Times has learnt.
Theresa May’s government agreed to transfer all existing
European Union case law into British law after Brexit, a decision opposed by Eurosceptics in the Conservative Party. The commitment meant that only the
Supreme Court in England and the High Court of Justiciary in Scotland would be allowed to “depart” from EU case law.
A new clause in Mr Johnson’s withdrawal agreement bill will let lower courts overturn ECJ rulings. MPs will vote on the bill on Friday.
Mr Johnson has argued that Britain should “take back control of our laws” and the change will be celebrated by his party as restoring the sovereignty of the justice system. It will mean that British courts can rule on existing EU case law dealing with issues such as holiday entitlement, sick leave, maximum working hours, VAT and flight compensation.