Yvette Cooper quizzed on Northern Ireland Protocol

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The new law is already thought to spark another backlash from the Tory party for the Prime Minister over views it would break international law. The new law would prevent European judges from having a final say on disputes in Northern Ireland, instead giving the power to British courts.

The new legislation, which is being proposed after much back and forth, will remove the role of the European Court of Justice as an overseer and will give that role to British courts under new rules. 

These new powers proposed to be given to British courts will mean some sections of the Northern Ireland Protocol will no longer apply. 

A Government source told the Telegraph: “There will still be a limited role for European courts, but they won’t get the final say.”

The Foreign Secretary Liz Truss is set to present the redrafted Bill to the Commons on Monday in an attempt to undo the damage caused by border checks in Northern Ireland in the post-Brexit deal.

The hope is that Northern Ireland will be given access to both EU and UK markets under the new Bill by removing nearly all customs checks on imports from Great Britain, in what has been dubbed a ‘green lane’ to get the products easily to the province. 

It also seeks to allow businesses in Northern Ireland the choice to follow UK or EU regulations and to fix the “unacceptable situation” where those in the province cannot access the same tax benefits as those in the UK, according to Whitehall sources.

With the EU and the UK at continued loggerheads over the Northern Ireland Protocol, the proposal to remove powers of the European Court of Justice is hoped to bring the EU back to negotiations in hopes to avoid a trade war with the bloc.

It is thought that discussions could be under way for potentially a year as the new proposal is expected to be impeded by the Lords and unlikely to become law before that time.

A more uncompromising draft of the Bill has been touted by Ms Truss and reportedly supported by Boris Johnson and senior Tory MPs who are staunch Brexiteers.

However, it is thought that Rishi Sunak and Michael Gove opposed the idea over concerns from the Chancellor of a trade war and the potential breaking of international law. 

A source near the Foreign Secretary said: “The logic of this is simple. The EU won’t agree to change the Protocol – even though it is undermining the Belfast Good Friday Agreement – so therefore we’re obliged to act.

“This isn’t about picking a fight with the EU, it’s about doing right by the people of Northern Ireland.”

Tory MPs attempting to block the plans shared a document over the weekend explaining why they will be trying to vote against the Bill with claims it was “damaging to everything the UK and Conservatives stand for”.

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It added that the Bill was also “toxic to the very swing voters the Union depends on” and “breaks international law”.

The Northern Ireland Secretary Brandon Lewis has attempted to quash fears about law breaking, insisting it would not breach international law as the Government would issue a separate legal document outlining its legal position.

He said: “What we’re going to do is lawful and it is correct.”

He added that it is “wrong at the moment. And it’s proving part of the problem of having a UK internal market having governance from the ECJ. There’s no logic to that.”

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