The resignation of Sir Jonathan Jones raises questions such as: ‘How sure does a Government lawyer have to be before advising that proposed conduct will be unlawful?’ And: ‘how certain does it have to be that conduct will be unlawful before a Minister should not proceed?’
An answer is to be found in the government policy on legal risk which applies to both domestic and international law. Released under FOIA in 2018.
Ministers can legitimately proceed even if it’s very likely conduct is unlawful, described as over 70 per cent: 
It is only if there is ‘no credible argument’ that conduct is lawful they should be advised that the conduct will be unlawful and should not proceed:
You may be surprised how much leeway the policy gives Ministers to act ‘within the law’. But it gives an indication at least of the territory that Sir Jonathan Jones was presumably in when he decided that he had to resign.
Full policy is here: assets.publishing.service.gov.uk/government/upl…
Full policy is here: assets.publishing.service.gov.uk/government/upl…
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