It comes after concerns were aired over the prime minister’s plan to rip up Theresa May’s previous commitment to transfer all EU law onto the domestic statue book, which meant it could only be overturned by the Supreme Court, or the High Court of Justiciary in Scotland.

Instead, Mr Johnson added a new clause into the Withdrawal Agreement Bill following his decisive general election victory, to allow ministers the power to direct the courts on interpretation of EU law and to allow lower courts the power to overturn rulings of the ECJ.

Peers voted 241 – 205 on Monday evening, however, for a cross-party amendment to delete the powers from the bill, amid warnings of it being an interference in the independence of the judiciary.

Last week, members of the Lords Constitution Committee, which includes Tory peers, said the government’s plan raised “substantial constitutional concerns” and said it was “not appropriate” for courts other than the Supreme Court or the Scottish High Court of Justiciary to have the power to depart from EU law.

Bizarre: Boris Johnson drives 'Brexit' digger through boxes Show all 8 1 /8 Bizarre: Boris Johnson drives 'Brexit' digger through boxes Bizarre: Boris Johnson drives 'Brexit' digger through boxes Conservative party leader Boris Johnson drives a JCB through a fake wall POOL/AFP via Getty Images Bizarre: Boris Johnson drives 'Brexit' digger through boxes Prime Minister Boris Johnson during a visit to JCB cab manufacturing centre in Uttoxeter, while on the General Election campaign trail. PA Photo. Picture date: Tuesday December 10, 2019. See PA story POLITICS Election. Photo credit should read: Stefan Rousseau/PA Wire Stefan Rousseau PA Bizarre: Boris Johnson drives 'Brexit' digger through boxes Britain's Prime Minister and Conservative party leader Boris Johnson drives a Union flag-themed JCB, with the words "Get Brexit Done" inside the digger bucket, through a fake wall emblazoned with the word "GRIDLOCK", during a general election campaign event at JCB construction company in Uttoxeter, Staffordshire, on December 10, 2019. - Britain will go to the polls on December 12, 2019 to vote in a pre-Christmas general election. (Photo by Ben STANSALL / POOL / AFP) (Photo by BEN STANSALL/POOL/AFP via Getty Images) BEN STANSALL AFP via Getty Bizarre: Boris Johnson drives 'Brexit' digger through boxes Prime Minister Boris Johnson sits in a cab of a JCB during a visit to its cab manufacturing centre in Uttoxeter, while on the General Election campaign trail. PA Photo. Picture date: Tuesday December 10, 2019. See PA story POLITICS Election. Photo credit should read: Stefan Rousseau/PA Wire Stefan Rousseau PA Bizarre: Boris Johnson drives 'Brexit' digger through boxes Britain's Prime Minister and Conservative leader Boris Johnson drives a Union flag-themed JCB, with the words "Get Brexit Done" inside the digger bucket, through a fake wall emblazoned with the word "GRIDLOCK", during a general election campaign event at JCB construction company in Uttoxeter, Britain, December 10, 2019. Ben Stansall/AFP/Pool via REUTERS POOL REUTERS Bizarre: Boris Johnson drives 'Brexit' digger through boxes A sign made for a visit by Prime Minister Boris Johnson to the JCB cab manufacturing centre in Uttoxeter, while on the General Election campaign trail. PA Photo. Picture date: Tuesday December 10, 2019. See PA story POLITICS Election. Photo credit should read: Stefan Rousseau/PA Wire Stefan Rousseau PA Bizarre: Boris Johnson drives 'Brexit' digger through boxes Britain's Prime Minister and Conservative party leader Boris Johnson drives a Union flag-themed JCB, with the words "Get Brexit Done" inside the digger bucket, through a fake wall emblazoned with the word "GRIDLOCK", during a general election campaign event at JCB construction company in Uttoxeter, Staffordshire, on December 10, 2019. - Britain will go to the polls on December 12, 2019 to vote in a pre-Christmas general election. (Photo by Ben STANSALL / POOL / AFP) (Photo by BEN STANSALL/POOL/AFP via Getty Images) BEN STANSALL AFP via Getty Bizarre: Boris Johnson drives 'Brexit' digger through boxes Britain's Prime Minister and Conservative party leader Boris Johnson reacts as he sits in the cab of a drives a Union flag-themed JCB, after driving through a fake wall emblazoned with the word "GRIDLOCK", during a general election campaign event at JCB construction company in Uttoxeter, Staffordshire, on December 10, 2019. - Britain will go to the polls on December 12, 2019 to vote in a pre-Christmas general election. (Photo by Ben STANSALL / POOL / AFP) (Photo by BEN STANSALL/POOL/AFP via Getty Images) BEN STANSALL AFP via Getty

“Allowing lower courts to reinterpret EU case law risks causing significant legal uncertainty that would be damaging to individuals and companies,” they added.

“We cannot see the case for such broad and constitutionally significant regulation-making powers, and are not convinced by the rationale offered by the government.”

A third blow came moments later as the upper chamber also passed an amendment to allow cases to be referred to the Supreme Court to decide whether to depart from EU case law.

Earlier on Monday, Mr Johnson suffered his first parliamentary defeat since the general election as peers voted for EU citizens to be given physical proof of their right to stay in the UK after Brexit.

The estimated 3.6m EU residents in the UK fear victimisation without physical documents after Brexit, including by immigration officials as happened in the Windrush scandal.

But the Home Office is insisting its “digital-only” approach will be more secure, arguing physical documents “can get lost, stolen, damaged and tampered with”.

No 10 will be bracing for further defeats in the Lords on Tuesday, as peers prepare to debate the government’s decision to strip support for child refugees from the Withdrawal Agreement Bill.