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<p>The government’s legal position on the United Kingdom Internal Market Bill and
Northern Ireland Protocol was set out in a statement published on 10 September, and
remains unchanged. That statement makes clear that clauses 42 and 43 of the Bill may
be exercised in a way which is incompatible with the provisions of the Withdrawal
Agreement, and that the ‘notwithstanding provision’ in clause 45 partially disapplies
Article 4 of the Withdrawal Agreement, regardless of whether any regulations made
under clause 42 or 43 of the Bill are in fact compatible with the Withdrawal Agreement.
The statement of 10 September also makes clear that it is an established principle
of international law that a State is obliged to discharge its treaty obligations in
good faith, and that this is, and will remain, the key principle in informing the
UK’s approach to international relations. However, in the difficult and highly exceptional
circumstances in which we find ourselves it is important to remember the fundamental
principle of Parliamentary sovereignty.</p>
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