Boris Johnson’s Brexit border plans may be vulnerable to international legal challenge and will help smugglers, the international trade secretary has warned in a leaked cabinet letter.
Liz Truss wrote to Rishi Sunak, the chancellor, and Michael Gove, the chancellor of the Duchy of Lancaster, saying she had “key areas of concerns” about the prime minister’s plans for Northern Ireland.
In the letter, obtained by the Business Insider website, the international trade secretary says the UK would “be vulnerable to WTO challenge” over the plan.
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Her comments echo concerns from Brussels, which says Mr Johnson’s plans not to impose controls on goods travelling from Northern Ireland to Great Britain do not stand up to scrutiny and amount to backsliding on what he signed up to in January.
While both the EU and UK agreed to the withdrawal agreement at the beginning of the year, disputes about how it should be implemented in practice have emerged in the months since.
The withdrawal agreement signed by Mr Johnson says the UK will impose the EU customs code, which includes exit summary declarations for goods travelling to Great Britain – but the UK does not want to impose them.
The government is now arguing that such controls would upset unionist politicians and undermine long-term support for the agreement it signed.
In the leaked letter, Ms Truss told her colleagues: “We need to ensure that the UK border is effective and compliant with international rules, maintaining our credibility with trading partners, the WTO and with business.”
The government did not deny the letter’s veracity, and a spokesman said: “We do not comment on leaks.”


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Pro-Brexit supporters celebrating in Parliament Square, after the UK left the European Union on 31 January. Ending 47 years of membership
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Big Ben, shows the hands at eleven o’clock at night
AFP via Getty

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Pro Brexit supporters attend the Brexit Day Celebration Party hosted by Leave Means Leave
Getty

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Brexit Party leader Nigel Farage smiles on stage
AFP/Getty
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People celebrate in Parliament Square
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A Brexit supporter celebrates during a rally in Parliament square
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Police form a line at Parliament Square to prevent a small group of anti-Brexit protestors from going through to the main Brexit rally
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Nigel Farage speaks to pro-Brexit supporters
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JD Wetherspoon Chairman Tim Martin speaks as people wave flags
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Brexit supporters wave Union flags as they watch the big screen
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Brexit Party leader, Nigel Farage arrives
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Brexit supporters gather
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Ann Widdecombe speaks to pro-Brexit supporters
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Brexit supporters wave Union flags as they watch the big screen
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AFP via Getty

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People wave British Union Jack flags as they celebrate
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Pro-Brexit demonstrators celebrate on Parliament Square on Brexit day
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A pro-Brexit supporter jumps on an EU flag
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A man waves Union flags from a small car as he drives past Brexit supporters gathering
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A pro-Brexit supporter pours beer onto an EU flag
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Rachel Reeves, shadow chancellor of the Duchy of Lancaster, said: “This email confirms fears that several ministers have been making things up as they go with a lack of awareness of the real world consequences of border policies they’ve had four years to develop.
“At the general election, people were promised an ‘oven-ready’ deal to be implemented by the end of this year, not chaos, confusion and a further risk to jobs.”