While I understand the reason for his absence, I rather wish that it had been the Prime Minister and not the Foreign Secretary who introduced this Bill tonight, because when he took office the Prime Minister told us that he had an “oven-ready” deal and I believe I am right in saying that he said there would be a border down the Irish sea over his dead body. The withdrawal agreement and the protocol were freely entered into. The Prime Minister and David—now Lord—Frost brought that document back in triumph and campaigned on it in the 2019 election campaign. It subsequently went through this House with a large majority. I know that only too well because I was sitting in the Chair you are sitting in now, Mr Deputy Speaker, when I announced the result of that vote. But the Government were warned that the deal was flawed. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and others pointed out, before it went through this House, what was wrong with it. They indicated the dangers of the border down the Irish Sea, but they were not heeded. That is why we are here tonight.
This Bill breaches the Vienna convention on legal treaties. My right hon. Friend the Member for Maidenhead (Mrs May) spelled that out very clearly. There is no doctrine of necessity that applies in this case. Article 16 exists as a backstop—if I am allowed to use that word—and the case in law simply cannot stand up. That means that the Bill we are proposing to put through this House tonight will be a gross breach of international law if it is enacted and implemented.