Britain’s move to ban youngsters from smoking breaks international law, says five European countries

FIVE European countries say the UK’s smoking ban is a breach of international law which could result in big financial penalties.

Sir Keir Starmer wants to bring in a ban which would see youngsters born after the start of 2009 from being able to buy cigarettes.

But now Greece, Romania, Slovakia, Italy and Portugal have informed Brussels that the Tobacco and Vapes bill could breach EU law if it comes into force in Northern Ireland.

The group of five say the Windsor Framework signed with the EU means Northern Ireland must comply with the rules of the Single Market.

Under EU rules, member states are allowed to examine and even oppose draft legislation if they can see obstacles to the working of the trade bloc.

But it means the European Court of Justice could pursue legal action against the UK or impose new tariffs.

The UK generation ban on smoking threatens to put Northern Ireland on a different path to EU law and therefore face a challenge in the courts.

If the rules applied in Britain and not Northern Ireland it would trigger huge concern from unionists.

Former Lord Chancellor Robert Buckland said: “Today these five EU states are signalling what I and others have repeatedly warned: the Government’s generation ban would constitute an unacceptable breach of international law.

“Introducing it would undermine the internal market and invite yet another avoidable constitutional crisis.

“The Government must accept the problem it has on their hands and pause the bill while it finds a solution to the constitutional conflict.

“I am incredibly surprised the Attorney General has been entirely silent on the subject and has not published legal assurance from the Government.

“It is, in my opinion, completely unacceptable to leave the UK open to legal challenge and breach the treaty obligations we signed only last year.”

The warning comes as Sir Keir Starmer says he wants closer relations with the bloc following Brexit to help boost trade.

However, he has ruled out joining the Customs Union.

A Department of Health and Social Care spokesperson said: “The Government’s position remains that the Tobacco and Vapes Bill will apply in Northern Ireland and is consistent with both our domestic and international obligations.

“The Bill will put an end to the cycle of addiction and disadvantage by creating the first smoke-free generation that will stop the next generation from getting hooked on nicotine.”